IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Poeze, et al.
`In re Patent of:
`10,258,266 Attorney Docket No.: 50095-0007IP1
`U.S. Patent No.:
`April 16, 2019
`
`Issue Date:
`Appl. Serial No.: 16/212,537
`
`Filing Date:
`December 6, 2018
`
`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. 10,258,266 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`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.  Effective Priority Date of the Claims of the ’266 Patent .......................... 2 
`D.  Claim Construction under 37 C.F.R. §§42.104(b)(3) ............................... 3 
`E.  Level of Ordinary Skill in the Art ............................................................. 4 
`SUMMARY OF THE ’266 patent .................................................................. 4 
`A.  Brief Description ....................................................................................... 4 
`B.  Summary of the Prosecution History of the ’266 patent .......................... 6 
`III.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 7 
`A.  [GROUND 1A] – Claims 1-6, 8-16, 18, and 19 are rendered obvious by
`Aizawa in view of Inokawa ...................................................................... 7 
`1.  Overview of Aizawa ........................................................................ 7 
`2.  Overview of Inokawa ...................................................................... 9 
`3. 
`Combination of Aizawa and Inokawa ........................................... 13 
`4.  Analysis ......................................................................................... 23 
`B.  [GROUND 1B] – Claims 1-6, 8-16, 18, and 19 are rendered obvious by
`Aizawa in view of Inokawa and Ohsaki ................................................. 44 
`1.  Overview of Ohsaki....................................................................... 44 
`2.  Analysis ......................................................................................... 45 
`C.  [GROUND 2] – Claims 1-6, 8-16, 18, and 19 are rendered obvious by
`Mendelson-1988 in view of Inokawa ..................................................... 47 
`1.  Overview of Mendelson-1988 ....................................................... 47 
`2. 
`Combination of Mendelson-1988 and Inokawa ............................ 48 
`3.  Analysis ......................................................................................... 52 
`IV.  CONCLUSION .............................................................................................. 71 
`V. 
`PAYMENT OF FEES – 37 C.F.R. §42.103 .................................................. 72 
`VI.  MANDATORY NOTICES UNDER 37 C.F.R §42.8(a)(1) .......................... 72 
`A.  Real Party-In-Interest Under 37 C.F.R. §42.8(b)(1) ............................... 72 
`B.  Related Matters Under 37 C.F.R. §42.8(b)(2) ........................................ 72 
`C.  Lead And Back-Up Counsel Under 37 C.F.R. §42.8(b)(3) .................... 73 
`D.  Service Information ................................................................................ 73 
`
`
`
`
`
`
`i
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`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`
`
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 10,258,266 to Poeze, et al. (“the ’266 patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’266 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 to 1013
`
`
`
`RESERVED
`
`APPLE-1014
`
` U.S. Pub. No. 2001/0056243 (“Ohsaki”)
`
`APPLE-1015
`
`
`
`“Design and Evaluation of a New Reflectance Pulse Oximeter
`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”)
`
`ii
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`
`APPLE-1016
`
` RESERVED
`
`APPLE-1017
`
` RESERVED
`
`
`
`APPLE-1018
`
`“Acrylic: Strong, stiff, clear plastic available in a variety of bril-
`liant colors,” available at https://www.curbellplastics.com/Re-
`search-Solutions/Materials/Acrylic
`APPLE-1019 to 1022
`
`RESERVED
`
`APPLE-1023
`
` U.S. Pat. App. Pub. No. 2007/0145255 (“Nishikawa”)
`
`
`
`APPLE-1024
`
`“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”)
`APPLE-1025
` Declaration of Jacob Munford
`APPLE-1026
`APPLE-1027 to 1036
`
`RESERVED
`APPLE-1037
`Masimo Corporation, et al. v. Apple Inc., Second Amended
`Complaint, Civil Action No. 8:20-cv-00048 (C.D. Cal.) (Re-
`dacted)
`
` U.S. Patent No. 8,577,431 to Lamego et al. (“CIP Patent”)
`
`APPLE-1038
`
`
`
`
`iii
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`
`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 1-6, 8-16, 18,
`
`and 19 (“the Challenged Claims”) of U.S. Patent No. 10,258,266 (“’266 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.
`
`
`
`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 ’266 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.).1
`
`Apple 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
`
`
`1 In the second amended complaint of July 24, 2020, the ’266 patent was dropped
`
`from this civil action. APPLE-1037.
`
`1
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`Declaration of Dr. Thomas W. Kenny. See APPLE-1003, ¶¶14-175.
`
`Claims
`Ground
`Ground 1A 1-6, 8-16, 18, 19
`Ground 1B 1-6, 8-16, 18, 19
`Ground 2
`1-6, 8-16, 18, 19
`Ground 2C 17, 18, 29
`
`
`
`Basis for Rejection
`§103: Aizawa, Inokawa
`§103: Aizawa, Inokawa, Ohsaki
`§103: Mendelson-1988, Inokawa
`§103: Mendelson-1988, Inokawa,
`Mendelson-2006, Beyer
`
`C. Effective Priority Date of the Claims of the ’266 Patent
`The ’266 patent claims priority to a number of U.S. patent applications and
`
`to various provisional applications, with the earliest provisional filed on
`
`07/03/2008. See APPLE-1001, Cover. However, the Challenged Claims are not
`
`entitled to the 07/03/2008 priority date. Instead, the earliest effective priority date
`
`for the Challenged Claims cannot be before 07/02/2009—the filing date of a CIP
`
`application (App. No. 12/497,528; now US8577431; hereinafter “CIP Patent”) that
`
`added disclosure to support the Challenged Claims.
`
`
`
`In particular, the Challenged Claims include several features that are not
`
`supported by any of the applications in the priority chain filed before 07/02/2009.
`
`For instance, claim 1 of the ’266 patent recites “a lens configured to be located be-
`
`tween the tissue of the user and the plurality of detectors when the noninvasive op-
`
`tical physiological sensor is worn by the user, wherein the lens comprises a single
`
`outwardly protruding convex surface....” To the extent they are supported, these
`
`2
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`and other limitations appear to be supported, at best, by FIGS. 14A-I of the CIP
`
`Patent and related descriptions found in its specification. See, generally, APPLE-
`
`1038. FIGS. 14A-I and the related descriptions were first introduced in the CIP
`
`Patent and do not appear in any of the other applications in the priority chain prior
`
`to the CIP Patent. Accordingly, because the CIP Patent is the first application in
`
`the priority chain that provides support for the Challenged Claims, the earliest pos-
`
`sible effective filing date for the ’266 patent is 07/02/2009—the filing date of the
`
`CIP Patent (hereinafter the “Critical Date”).
`
` The references relied on in the above grounds qualify as prior art to the ’266
`
`patent based on the Critical 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 ’266 patent. APPLE-1002.
`
`Reference
`Aizawa
`Inokawa
`Ohsaki
`Mendelson-1988
`
`
`Qualifying Date
`12/12/2002
`11/02/2006
`12/27/2001
`August-1988
`
`Statutory Ground
`§102(b)
`§102(b)
`§102(b)
`§102(b)
`
`D. 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
`
`3
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`of the claimed elements being similar to that of the ’266 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).
`
`E.
`Level of Ordinary Skill in the Art
`A person of ordinary skill in the art relating to the subject matter of the ’266
`
`patent (“POSITA”) would have been a person with a working knowledge of physi-
`
`ological monitoring technologies. The person would have had a Bachelor of Sci-
`
`ence degree in an academic discipline emphasizing the design of electrical, com-
`
`puter, 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 infor-
`
`mation, including but not limited to physiological monitoring technologies. AP-
`
`PLE-1003, ¶¶21-22. Alternatively, the person could have also had a Master of Sci-
`
`ence degree in a relevant academic discipline with less than a year of related work
`
`experience in the same discipline. Id.
`
`
`
`II.
`
`SUMMARY OF THE ’266 patent
`A. Brief Description
`The ’266 patent is directed to “noninvasive methods, devices, and systems
`
`for measuring...physiologically relevant patient characteristics.” APPLE-1001,
`
`2:22-28; APPLE-1003, ¶¶43-51.
`
`4
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`As illustrated in FIG. 1, the ’266 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.,
`
`11:36-47.
`
`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., 13:60-67. The signal can correspond
`
`to, for instance, the pulse rate of the user. Id., 2:28-30. Although the ’266 patent
`
`mostly describes a transmittance-type measurement device where the emitter and
`
`5
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`the detector are positioned on opposite sides of the measurement 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., 13:60-67, 26:13-
`
`20; APPLE-1003, ¶48.
`
`
`
`The ’266 patent further describes that its sensor can include a plurality of de-
`
`tectors that are disposed within a housing and covered by a protrusion acting as a
`
`lens. See APPLE-1001, 35:65-36:9, 14D; APPLE-1003, ¶50.
`
`B.
`Summary of the Prosecution History of the ’266 patent
`U.S. Patent No. 10,258,266 issued on 04/16/2019 from U.S. Patent Applica-
`
`tion No. 16/212,537 (“’537 application”), which was filed on 12/06/2018. APPLE-
`
`1001, Cover. The ’537 application was not subject to any substantive office action
`
`and was allowed on 02/04/2019. APPLE-1002, 255. In allowing the application,
`
`the examiner noted that “the prior of record does not teach or suggest,” inter alia,
`
`“. . . a lens configured to be located between the tissue of the user and the plurality
`
`of detectors . . . wherein the lens comprises a single outwardly protruding convex
`
`surface[.]” Id., 264. As will be detailed in this Petition, these and other claimed
`
`features were well-known at the time of the ’266 patent, and, had the examiner
`
`been aware of the prior advanced in this Petition, the application would not have
`
`been allowed.
`
`
`
`6
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`III. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A.
` [GROUND 1A] – Claims 1-6, 8-16, 18, and 19 are rendered
`obvious by Aizawa in view of Inokawa
`1. Overview of Aizawa
`Aizawa describes a “pulse wave sensor for detecting a pulse wave by detect-
`
`ing 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.
`
`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 emit-
`
`ting 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 photodetectors 22 so
`
`as to detect a pulse wave.” Id., [0027].
`
`
`APPLE-1006, FIGS. 1(a)-1(b); APPLE-1003, ¶53.
`
`
`
`7
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`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]; APPLE-1003, ¶54.
`
`
`
`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. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`
`
`
`APPLE-1006, FIG. 1(b), [0023]; APPLE-1003, ¶¶55-56. This transparent plate
`
`not only provides a cover that covers the emitter/detector assembly, in a manner
`
`similar to what is described in the ’266 patent, but it also provides improved adhe-
`
`sion between the detector and the wrist to “further improv[e] the detection effi-
`
`ciency of a pulse wave.” APPLE-1006, [0030]; APPLE-1003, ¶56.
`
`2. Overview of Inokawa
`
`9
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`Similar to Aizawa, Inokawa teaches an optical “pulse sensor.” APPLE-
`
`1008, [0056]; APPLE-1003, ¶58.2 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 a pulse by using a photodiode de-
`
`tector 25 (shown in red) to receive “light reflected off of the body (i.e. change in
`
`the amount of hemoglobin in the capillary artery).” APPLE-1008, [0058]. In-
`
`okawa 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 divided be-
`
`tween” them as needed. APPLE-1008, [0014]. For example, green light from
`
`
`2 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. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`LED 21 (shown in green) can be used to sense the pulse while infrared light from
`
`LED 23 (shown in purple) can be used to sense body motion. APPLE-1008,
`
`[0058]-[0059] .
`
`APPLE-1008, FIG. 2; APPLE-1003, ¶59.
`
`
`
`
`
`Inokawa further teaches that a lens 27 can be “placed on the surface of the
`
`sensor-side light-emitting means” to thereby “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]. This structure corresponds to a lens having a protrusion as
`
`recited in claim 1 of the ’266 patent. APPLE-1003, ¶60.
`
`
`
`11
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`
`APPLE-1008, FIG. 2.
`
`
`
`Inokawa also teaches that its sensor (red) can be mounted onto a base device
`
`(blue) that acts as a “charger with communication functionality”:
`
`
`
`
`
`12
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`APPLE-1008, FIG. 3, [0060]; APPLE-1003, ¶61. When mounted, vital sign infor-
`
`mation can be transmitted from the sensor to the base device by using the same
`
`LEDs used to measure pulse and body motion. APPLE-1008, [0066]-[0077],
`
`[0109]-[0111]. Referring to FIG. 7, Inokawa teaches that vital sign information
`
`from the sensor can be transmitted to a PC (purple) via the base device:
`
`APPLE-1008, FIG. 7, [0066]-[0077]; APPLE-1003, ¶62.
`
`
`
`3.
`Combination of Aizawa and Inokawa
`A POSITA would have been motivated to combine Aizawa and Inokawa
`
`(“Aizawa-Inokawa”) to obtain additional benefits. APPLE-1003, ¶¶69-83, 85-93.
`
`(a)
`
`Lens
`
`13
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`Beyond Aizawa’s disclosure that its light permeable cover is an acrylic
`
`
`
`transparent plate that helps improve “detection efficiency,” Aizawa does not pro-
`
`vide much other detail, for instance regarding its shape. APPLE-1006, [0030]. A
`
`POSITA would have realized, however, that the plate could be given a shape to
`
`achieve Aizawa’s objective of improving detection efficiency and, further, would
`
`have known how to achieve such shape. Id., [0013], [0030], [0032]; APPLE-1009
`
`at 3:46-51; APPLE-1003, ¶86.
`
`A POSITA would have looked to Inokawa to enhance light collection effi-
`
`ciency, specifically by modifying the flat cover of Aizawa to include a lens. AP-
`
`PLE-1003, ¶87-91. Indeed, as discussed above in Section III.A.2, Inokawa dis-
`
`closes a lens 27 that is positioned between the sensor and skin:
`
`APPLE-1008, FIG. 2; APPLE-1003, ¶87. Inokawa further discloses that the “lens
`
`makes it possible to increase the light-gathering ability of the LED.” APPLE-
`
`
`
`14
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`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`1008, [0015]. Thus, a POSITA would have sought to incorporate an Inokawa-like
`
`lens into the cover of Aizawa to increase the light collection efficiency, which
`
`would lead to more reliable pulse detection. APPLE-1003, ¶¶88-89. The lens of
`
`Inokawa would provide precisely such a benefit to Aizawa’s device by refract-
`
`ing/concentrating the incoming light signals reflected by the blood. Id.
`
`As illustrated below, the device resulting from the obvious combination of
`
`Aizawa and Inokawa would have modified the flat cover (left) such that it includes
`
`a lens as described in Inokawa (right) to “increase the light-gathering ability.” AP-
`
`PLE-1008, [0015]; APPLE-1003, ¶89.
`
`
`
`
`
`APPLE-1006, FIG. 1(b); APPLE-1003, ¶89.
`
`
`
`
`
`A POSITA would have understood how to implement Inokawa’s lensin Ai-
`
`zawa’s device with a reasonable expectation of success, stemming from the signifi-
`
`15
`
`

`

`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`cant overlap across the references in their teaching. APPLE-1003, ¶90. For exam-
`
`ple, as illustrated below, Inokawa teaches that its cover may be as shown on the
`
`left such that “the surface is less prone to scratches,” APPLE-1008 at [0106], or in
`
`the form of a lens (right) to “increase the light-gathering ability of the LED.” Id. at
`
`[0015].
`
`
`APPLE-1008, FIG. 17 (left), FIG. 16 (right); APPLE-1003, ¶90. A POSITA
`
`would have further recognized that the transparent acrylic material used to make
`
`Aizawa’s plate can be readily formed into a lens as in Inokawa. APPLE-1003, ¶91
`
`(citing to APPLE-1009 at 3:46-51, FIG. 1, APPLE-1023, FIG. 6, [0022], [0032],
`
`[0035]). Thus, a POSITA making the design choice to prioritize improved light
`
`collection efficiency over reduced susceptibility to scratches could have readily
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`modified Aizawa’s cover to have a lens as per Inokawa. APPLE-1003, ¶91.
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`16
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`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. APPLE-1003, ¶91. Thus, to achieve Aizawa’s and Inokawa’s
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`shared goal of improving light collection efficiency, a POSITA would have been
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`motivated to modify Aizawa’s cover to have a lens as per Inokawa with a reasona-
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`ble expectation of success. APPLE-1003, ¶¶86-91.
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`Plurality of emitters
`While Aizawa contemplates the use of multiple emitters, Aizawa never spe-
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`(b)
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`cifically identifies the use of multiple emitters operating at different wavelengths in
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`conjunction with multiple detectors. Id., [0033]; APPLE-1003, ¶¶69-80.
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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, ¶70.
`
`A POSITA reviewing Aizawa and Inokawa would have recognized In-
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`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, ¶71.
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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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`17
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`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
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`to detect pulse.” APPLE-1008, [0014], [0044], [0058], [0059]. A POSITA would
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`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]; APPLE-
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`1003, ¶72. Indeed, Inokawa expressly teaches that its “infrared LED 23 serves to
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`sense body motion from the change in this reflected light” and that its “green LED
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`21” is used to “sense the pulse from the light reflected off of the body.” APPLE-
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`1008, [0059]. Various other prior art pulse sensing devices teach using a first LED
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`emitting at less than 600 nm (e.g., green) for measuring blood flow and a second
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`LED emitting at greater than 600 nm (e.g., infrared) for measuring body move-
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`ment. APPLE-1003, ¶72 (citing to APPLE-1010, 8:45-50). The added ability to
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`measure body movement can allow for a more reliable pulse measurement that
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`takes into account and corrects for inaccurate readings stemming from body move-
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`ment. Id. Thus, a POSITA would have been motivated and found it obvious to di-
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`vide the single emitter of Aizawa, as shown below, into two emitters operating at
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`two different wavelengths. Id.
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`18
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
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`
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`APPLE-1006, Fig. 1(b); APPLE-1003, ¶¶72-73.
`
`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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`¶¶73-74. 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
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`Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007). A POSITA would have recognized
`
`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, ¶¶73-74. A POSITA
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`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-
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`19
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`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]; AP-
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`PLE-1003, ¶73.
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`In addition to the above-described rationale for adding an extra emitter to
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`Aizawa, Inokawa provides another, or alternative, motivation for improving
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`Aizawa by adding a second LED/emitter. Specifically, Aizawa contemplates up-
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`loading data to a base device yet is silent about how such data transmission would
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`be implemented, instead leaving such implementation details to the POSITA. AP-
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`PLE-1006, [0015], [0023], [0035]; APPLE-1003, ¶¶75-81. In this context, as de-
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`scribed in Section III.A.2, Inokawa teaches a base device 17 (blue) that is able to
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`both charge and receive data from the pulse sensor 1 (red):
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`
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`20
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`APPLE-1008, FIG. 3, [0060]; APPLE-1003, ¶76. By using the sensor’s infrared
`
`emitter to transmit data, “it is not necessary to use a wireless communication cir-
`
`cuit or to establish connections via communication cable, which makes it possible
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`to easily transmit vital sign information with few malfunctions and with a simple
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`structure.” APPLE-1008, [0007]. A POSITA would have been motivated and
`
`found it obvious and straightforward to incorporate Inokawa’s base device and
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`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
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`malfunction.” Id., [0077]. A POSITA would have further recognized that incorpo-
`
`rating Inokawa’s base device and LED-based data transmission would allow Ai-
`
`zawa to upload data from its sensor in a way that is wireless (thus avoiding the
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`problems of a physical cable) and that does not require a separate RF circuit. Id.,
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`[0007]; APPLE-1003, ¶77.
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`Notably, Inokawa’s sensor is able to transmit data using only a single IR
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`LED. APPLE-1008, [0062]. However, with reference to FIG. 19 below, Inokawa
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`further teaches that using two LEDs further helps improve data transmission accu-
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`racy by using the second LED, such as a green LED, to transmit checksum infor-
`
`mation such that “the accuracy of data can be increased.” Id., [0111], [0044],
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`[0048]; APPLE-1003, ¶78.
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`21
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`
`
`
`APPLE-1008, FIG. 19; APPLE-1003, ¶78. Thus, a POSITA would have been mo-
`
`tivated and found it obvious to supplement Aizawa’s IR LED/emitter with a green
`
`LED/emitter to, as per Inokawa, improve accuracy of data transmission from its
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`sensor. APPLE-1003, ¶79.
`
`A POSITA would have found it obvious to modify Aizawa with Inokawa in
`
`this manner because doing so entails the use of known solutions to improve similar
`
`systems and methods in the same way. APPLE-1003, ¶80. Here again, “when a
`
`patent ‘simply arranges old elements with each performing 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, 550 U.S. at 417. A POSITA
`
`would have recognized that applying Inokawa’s base device and dual-LED-based
`
`data transmission to Aizawa’s sensor would have led to predictable results without
`
`significantly altering or hindering the functions performed by Aizawa’s sensor.
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`22
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`APPLE-1003, ¶80. Indeed, a POSITA would have had a reasonable expectation of
`
`success in making this modification, and would have reasonably expected to reap
`
`benefits of simple and accurate data transmission. Id.
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`4.
`
`Analysis
`
`Claim 1
`[1pre]: “A noninvasive optical physiological sensor comprising:”
`
`
`To the extent the preamble is limiting, Aizawa-Inokawa renders obvious
`
`[1pre]. APPLE-1003, ¶68. For example, Aizawa discloses a pulse sensor that is
`
`designed to “detect[] the pulse wave of a subject from light reflected from a red
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`corpuscle in the artery of a wrist of the subject by irradiating the artery of the
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`wrist[.]” APPLE-1006, [0002]. Aizawa’s sensor is designed to be worn on the
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`user’s wrist:
`
`APPLE-1006, FIG. 2, [0026].
`
`
`
` [1a]: “a plurality of emitters configured to emit light into tissue of a user;”
`
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`23
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`As explained above in Section III.A.3, Inokawa discloses emitting into the
`
`tissue of a user two different wavelengths (using two different emitters), and a
`
`POSITA would have found it obvious to incorporate the two LEDs of Inokawa into
`
`Aizawa, as illustrated below. See supra Section III.A.3.
`
`
`
`APPLE-1006, Fig. 1(b); APPLE-1003, ¶¶69-81.
`
`It would have been obvious to split the single LED/emitter of Aizawa into
`
`two LEDs/emitters having different wavelengths to (i) acquire body motion infor-
`
`mation for improved pulse detection and/or (ii) more reliably transmit information
`
`from the sensor to a base device with less error. APPLE-1008, [0007], [0014],
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`[0044], [0048], [0058], [0058], [0059], [0060], [0062], [0077], [0111]; APPLE-
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`1003, ¶¶69-81.
`
`[1b]: “a plurality of detectors configured to detect light that has been attenu-
`ated by tissue of the user, wherein the plurality of detectors comprise at least
`four detectors;”
`
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`24
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`Attorney Docket No. 50095-0007IP1
`IPR of U.S. Patent No. 10,258,266
`Aizawa discloses “four photodetectors 22.” APPLE-1006, [0029], [0024],
`
`[0032].
`
`APPLE-1006, FIG. 1(a); APPLE-1003, ¶82.
`
`
`
`The photodetectors 22 (i.e., detectors) of Aizawa detect light “reflected by a
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`red corpuscle running through the artery 11 of the wrist 10...so as to detect a pulse
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`wave.” APPLE-1006, [0027]. Thus, the detectors of Aizawa “detect light that has
`
`been attenuated by tissue of the user.” APPLE-1003, ¶83.
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`[1c]: “a housing configured to house at least the plurality of detectors; and”
`
`
`Aizawa discloses “a holder 23 for storing the above light emitting diode 21
`
`and the photo