301 of 900
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`

`
`302 of 900
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`

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`303 of 900
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`305 of 900
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`306 of 900
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`
`Electronic Acknowledgement Receipt
`
`16428495
`
`Confirmation Number:
`
`Title of Invention:
`
`System for monitoring health, wellness and fitness
`
`First Named Inventor/Applicant Name:
`
`7689437
`
`Customer Number:
`
`87084
`
`Filer Authorized By:
`
`John A. Monocello
`
`Attorney Docket Number:
`
`28043-21098
`
`Filing Date:
`
`Time Stamp:
`
`14-SEP-2012
`
`14:55:34
`
`Application Type:
`
`inter partes reexam
`
`Payment information:
`
`Document
`Number
`
`Document Description
`
`File Size(Bytes)/
`Message Digest
`
`Pages
`Multi
`Part /.zip (if appl.)
`
`Information Disclosure Statement (IDS)
`Form (SE08)
`
`System-US-|PRX_|DS.pdf
`
`8b787bl b3ad0f484b7bal 96b2295240ld8e
`D9bd5
`
`Information:
`
`307 of 900
`
`

`
`A U.S. Patent Number Citation ora U.S. Publication Number Citation is required in the Information Disclosure Statement (IDS) form for
`autoloading of data into USPTO systems. You may remove the form to add the required data in order to correct the Informational Message if
`you are citing U.S. References. Ifyou chose not to include US. References, the image ofthe form will be processed and be made available
`within the Image File Wrapper (IFW) system. However, no data will be extracted from this form. Any additional data such as Foreign Patent
`Documents or Non Patent Literature will be manually reviewed and keyed into USPTO systems.
`
`Miscellaneous Incoming Letter
`
`System—US—|PRX_|DS—CL—JM.pdf ai 53c(23004f70be0bf9361cded6094d73d
`Sbdo-1
`
`Information:
`
`Warnings:
`Information:
`
`Foreign Reference
`
`JP09056705.pdf
`
`612731
`
`404621efa37Ddfe70(8033afa3627308iee9
`88(7
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0lE0l903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`308 of 900
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`

`
`To:
`
`D399 -1 91 3
`
`- 2013-05-01 20:55:03 (GMT)
`
`1412291 1745 Frorn: Jannlfer Sarhrrlartln
`
`FAX RECEIVED
`
`AUG 01 2013
`
`'lNATlON UNIT
`
`%
`
`FAX COVER SHEET
`
`15712732692
`
`Jennifer Sammartin
`
`2013-08-01 20:57:45 GMT
`
`Re-examination IDS - Certificate of Service
`
`COMPANY
`FAX NUMBER
`
`FROM
`
`DATE
`
`RE
`
`COVER MESSAGE
`
`Dear Jacquelene:
`
`Pursuant to our telephone conversation today, attached are certificates of services
`certifying that the Information Disclosure Statements filed on July 25, 2013 and July 26,
`2013 were mailed via first class trailed to Basis Science for the following control nos.
`
`95/002,354;
`
`95/002,360;
`
`95/002,382;
`
`95/002,365.; and
`
`95/002,371 .
`
`Plse do not hesitate to contact me if anything further is needed.
`
`Best regards.
`
`Jennifer Samrnartin
`
`41 2 -576-2590
`
`PAGE 116 " RCVD AT 811/2013 4:57:51 PM [Eastern Daylight TIme] " SVR:W—PTOFAX-001/31 ‘ DN|S:2732692 ‘ CSlDZ141229I1745 " DURATION (mm-ss):02-14
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`WWW.EFAX.COM
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`To:
`
`Pagan 2 or B
`
`201 3.05431 20:55:03 (GMT)
`
`141 2291 1745 Frorn: Jennifer so-nrnarxln
`
`'
`
`PATENT
`.95/002,371
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Patent Number: 7689,437
`
`Serial No.:
`
`95/002,371
`
`Examiner: Banankhah, Majid A.
`
`Group Art Unit: 3992
`
`Filed:
`Title:
`
`September 14, 2012
`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 1.550(1), I hereby certify that a true and accurate copy of
`
`this letter and an Information Disclosure Statement has been submitted via EFS Web to
`
`the U.S. Patent Office on July 26, 2013, and is being served on the Third Party Requester
`
`identified below via First Class Mail on August 1, 2013.
`
`B ' S '
`,I
`.
`F:rEiif/icl(<:l:e9:(\:;l?’esTtKi.LP
`801 California Street
`Silicon Valley Center
`
`Mountain View, CA 94041
`
`i AUG 01 2013 I
`
`CENTRAL REEXAMINATION UNIT
`
`Date: August 1, 2013
`‘
`
`By
`
`-
`
`Respectfully submitted,
`
`By their Representatives,
`
`Customer No. 87084
`
`/John A. Monocello III/
`John A. Monocello, III
`Reg. No. 51,022
`
`PAGE 216 " RCVD AT 8l1l2013 4:57:51 PM [Eastern Daylight Tlme] " SVR:W-PTOFAX-001131 ' DNlS:2732G92 ' CSID:14122911745 " DURATION (mm-ss):o2-14
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.0 Box 1450
`Alexandna, Virgmia 22313-1450
`WWW.1]SPi.0 gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAM < ) INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`95/002,37]
`
`87084
`
`09/14/2012
`
`7689437
`
`28043-21098
`
`6946
`
`7590
`
`09/27/2013
`
`GTC Law Group LLP & Affiliates
`c/o CPA Global
`
`PO. Box 52050
`Minneapolis, MN 55402
`
`EXAMINER
`BANANKHAH. MAI
`
`) A
`
`ART UNIT
`3992
`
`MAIL DATE
`
`O9/27/2013
`
`)
`PA ER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
`
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`

`
`_
`_
`_
`Transmittal of Communication to
`Third Party Requester
`Inter Partes Reexamination
`
`Control No.
`
`Patent Under Reexamination
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`
`MAJID A. BANANKHAH
`
`3992
`
`lj (THIRD PARTY REQUESTER‘S CORRESPONDENCE ADDRESS) jl
`
`Rajiv P. Patel
`FENWICK & WEST LLP
`SILICON VALLEY CENTER
`801 CALIFORNIA STREET
`MOUNTAIN VIEW. CA 94041
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark Office
`in the above—identified reexamination prceeding. 37 CFR 1.903.
`
`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this communication,
`the third party requester of the inter partes reexamination may once file written comments within a
`period of 30 days from the date of service of the patent owner's response. This 30-day time period is
`statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot be extended. See also 37 CFR 1.947.
`
`If an ex parte reexamination has been merged with the inter partes reexamination, no responsive
`submission by any ex parte third party requester is permitted.
`
`All correspondence relating to this inter partes reexamination proceeding should be directed to the
`Central Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of the
`communication enclosed with this transmittal.
`
`U.S. Patent and Trademark Office
`PTOL-2070 (Rev. 07-04)
`
`Paper No. 20130816
`
`312 of 900
`
`

`
`Control No.
`
`Patent Under Reexamination
`
`ACTION CLOSING PROSECUTION 95/oo_2,371
`Examiner
`MAJID A. BANANKHAH
`
`7es94_37
`Art Unlt
`3992
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`
`Responsive to the communication(s) filed by:
`Patent Owner on 28 February, 2013
`Third Party(ies) on 01 April, 2013
`
`Patent owner may once file a submission under 37 CFR 1.951(a) within g month(s) from the mailing date of this
`Office action. Where a submission is filed, third party requester may file responsive comments under 37 CFR
`1.951 (b) within 30-days (not extendab|e- 35 U.S.C. § 314(b)(2)) from the date of service of the initial
`submission on the requester. Appeal cannot be taken from this action. Appeal can only be taken from a
`Right of Appeal Notice under 37 CFR 1.953.
`
`All correspondence relating to this inter partes reexamination proceeding should be directed to the Central
`Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of this Office action.
`
`PART I. THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
`
`1. I:I Notice of References Cited by Examiner, PTO—892
`2. IX] Information Disclosure Citation, PTO/SB/08
`3.I:|
`
`PART II. SUMMARY OF ACTION:
`
`1a. E Claims 1 are subject to reexamination.
`1b. |:| Claims j are not subject to reexamination.
`2. D Claims j have been canceled.
`
`.
`
`|:I Claims j are confirmed. [Unamended patent claims]
`
`.
`|:I Claims j are patentable. [Amended or new claims]
`. Q Claims 1 are rejected.
`.
`I:| Claims j are objected to.
`E] are not acceptable.
`.
`I:I The drawings filed on j I:| are acceptable
`E] The drawing correction request filed on j is:
`I:l approved.
`|:I disapproved.
`I:I Acknowledgment is made of the claim for priority under 35 U.S.C. 119 ( )-(d). The certified copy has:
`I:| been received.
`I:| not been received.
`I:l been filed in Application/Control No
`10. D Other
`
`U.S. Patent and Trademark Office
`PTOL-2065 (O8/06)
`
`Paper No. 20130816
`
`313 of 900
`
`

`
`Application/Control N umber: 95/002,371
`Art Unit: 3992
`
`ACTION CLOSING PROSECUTION
`
`I. INTRODUCTION
`
`This Action Closing Prosecution (ACP) is in response to the Patent Owner’s
`
`submission filed on 02/28/2013, and Third Party Requester’s Comments filed
`
`04/01/2013. This Office Action Addresses claims 1-55 of the United States Patent No.
`
`7,689,437 (hereinafter ‘437 Patent).
`
`II. STATUS OF CLAIMS AND SUMMARY OF GROUND OF REJECTIONS
`
`A. Status of Claims
`
`The Patent Owner did not amend or cancel any claim in this reexamination
`
`proceeding.
`
`As such, the status of claims is as follows:
`
`Claims 1-55 are pending in this reexamination proceeding.
`
`Claims 1-55 are rejected in this Action Closing Prosecution (“ACP”).
`
`B. Reference Cited and Summary of the Ground of Rejections adopted or not
`adopted in this Office Action
`
`References Cited in this Ofiice Action
`
`US 6,030,342, to Amano, filed July 12, 1997, issued Feb. 29, 2000 ("Amano")
`
`US 6,478,736, to Mault, filed Oct. 10, 2000 and published Nov. 12, 2002
`
`(“Mault”)
`
`US 5,670,944, to Myllymiiki, filed Sept. 13, 1994 and issued Sep. 23, 1997
`("Myllym'2il<i")
`
`US 5,524,618, to Pottgen, filed June 2, 1993 and issued June 11, 1996 ("Pottgen")
`
`Summary of Grounds of Rejections adopted
`
`The following are the summary of grounds of rejections that are proposed in the
`
`non final Office action dated 11/29/2012 and are adopted in this ACP.
`
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`
`Application/Control N umber: 95/002,371
`Art Unit: 3992
`
`Proposed SNQ
`
`Adopted, or Not Adopted
`
`Issue 1
`SNQ#l, (EX. A, Pages 24-43)
`Claims 32-37, 40-43, 46-51, 53 and 54 are Adopted
`rejected as being anticipated by Amano
`under § l02(e)..
`SNQ#2, (Ex. B, Paes 44-46)
`Claims 39 and 45 are rejected as being
`obvious over Amano in View of Myllymaki
`under 35 U.S.C. § l03(a).
`SNQ#3, (EX. C, Paes 47-51)
`
`Claims 38 and 44 are rejected as being
`obvious oVer Amano in View of Pottgen
`under 35 U.S.C. § l03(a).
`%—
`Claims 1-10, 13- 16, 18, 19, 21-31, 52 and
`
`Adopted
`
`55 are rejected as being obvious over
`Amano in View of Mault under 35 U.S.C. §
`
`l03(a).
`SNQ#5, (EX. A, Paes 24-43)
`
`Claims 12 and 20 are rejected as being
`obvious over Amano in View of Mault
`
`further in View ofMy11ymaki under 35
`U.S.C. § l03(a).
`SNQ#6, (Ex. A, Paes 24-43)
`Claims 11 and 17 are rejected as being
`obvious over Amano in View of Mault
`
`further in View of Pottgen under 35 U.S.C.
`§ l03(a).
`
`III. REJECTIONS
`
`A. Claim Rejections — Relevant Statutes
`
`1. Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`fonn the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(e) the invention was described in (1) an application for patent, published under
`section l22(b), by another filed in the United States before the invention by the
`
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`
`Application/Control N umber: 95/002,371
`Art Unit: 3992
`
`applicant for patent or (2) a patent granted on an application for patent by another
`filed in the United States before the invention by the applicant for patent, except
`that an international application filed under the treaty defined in section 35 l (a)
`shall have the effects for purposes of this subsection of an application filed in the
`United States only if the international application designated the United States
`and was published under Article 21(2) of such treaty in the English language.
`
`2. Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed
`or described as set forth in section 102 of this title, if the differences between the
`
`subject matter sought to be patented and the prior art are such that the subject
`matter as a whole would have been obvious at the time the invention was made to
`
`a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was
`made.
`
`3. Proposed Rejection
`
`Issues 1
`
`1.
`
`Claims 32-37, 40-43, 46-51, 53 and 54 are rejected as being anticipated by
`
`Amano under § l02(e) (see Request page 16 through page 17; see also Claim Chart
`
`Exhibit A, pages 24-43).
`
`This rejection was proposed by the third party requester in the request. The
`
`proposed rejection of claims 32-37, 40-43, 46-51 , 53 and 54 is adopted as set forth in the
`
`Request (pages 16 through page 17), Claim Chart in Exhibit A (pages 24-43), which is
`
`incorporated herein by reference.
`
`As to claim 32, Amano discloses, teaches and suggests;
`
`[32.0] A method for assisting an individual to monitor, control and modify [e.g., use
`of calorie expenditure measuring device] certain aspects of the individual‘s
`physiological status [e.g., caloric expenditure] according to a preset physiological
`status goal [e.g., target value for caloric expenditure; target value is preset and
`caloric expenditure is physiological], said individual wearing a wearable
`physiological monitoring device [e.g., device main body 300, inform of wristwatch,
`necklace, eyeglasses, or pedometer],
`
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`
`Application/Control N umber: 95/002,371
`Art Unit: 3992
`
`''FIG. 1 is a block diagram showing the functional structure of the calorie
`
`expenditure measuring device according to an embodiment of the present
`
`invention. FIG. 2 is a block diagram showing the electrical structure of the same
`
`device." (2:65—3:2; FIGS. 1, 2).
`
`"The functional structure of the calorie expenditure measuring device according
`
`to the present invention will now be explained. FIG. 1 is a block diagram showing
`
`this functional structure." (6:53— 56).
`
`"Device main body 300 has the structure of a Wristwatch, and therefore has the
`
`functions of a wristwatch in addition to functions for measuring calorie
`
`expenditure. However, since the wristwatch functions do not directly relate to the
`
`present invention, the following explanation will focus mainly on functions
`
`associated with the measurement of calorie expenditure." (16:36—42).
`
`"The calorie expenditure measuring device according to the present invention
`
`may be rendered in the form of a necklace such as shown in FIG. 32." (33: 16-18;
`
`FIG. 32).
`
`"The calorie expenditure measuring device according to the present invention
`
`may also be incorporated into a pair of eyeglasses such as shown in FIG. 34."
`
`(16:32—34; FIG. 34).
`
`"As another example of an embodiment of the present invention, the calorie
`
`expenditure measuring device may be rendered in the form of a card such as
`
`shown in FIG. 35." (33:64—66; FIG. 35).
`
`"As another embodiment of the present invention, the calorie expenditure
`
`measuring device may be incorporated into the pedometer shown in FIG. 36A,
`
`for example." (l7:8— 10; FIG. 36A).
`
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`
`Application/Control N umber: 95/002,371
`Art Unit: 3992
`
`[32.1] establishing said physiological status goal [e.g., target value, normal
`biorhythms] according to certain physiological parameters [e.g., caloric
`expenditure] of said individual;
`
`“First, instep sue, CPU 201 reads out all the calorie expenditure values stored in
`
`RAM 203
`
`Next, in step Sb6, CPU 201 determines whether or not the target
`
`value for calorie expenditure during the specific period of time has been set in
`
`RAM 203. This target value is, for example, set by the subject or a third party
`
`such as a physician by means of SW1 or Sw2 or through communication with an
`
`external device....CPU 201 compares the summed value from step Sbl and the
`
`target value, and calculates the achievement rate G with respect to the target value
`
`from the following formula: Achievement rate G = (summed value/target value) x
`
`100. Next, in step Sb8, CPU 201 displays the numerical value of the achievement
`
`rate G on display 207 [sic]. In addition to a simple numerical display, however, a
`
`bar graph such as shown in Fig 20 or a pie chart such as shown in Fig 21 is also
`
`possible." (19:36— 39, 44-54).
`
`[32.2] generating data [e.g., generating pulse rate data] with said wearable device
`[e.g., device form of wristwatch, necklace, eyeglasses, or pedometer], said generated
`data [e.g., pulse rate] indicative of a first parameter of said individual [e.g., pulse
`rate is a first parameter of an individual] wearing said wearable physiological
`monitoring device [e.g., device main body 300].
`
`"Pressure sensors Psl-PS6 are sensors for measuring the pulse pressure around
`
`the subject's radial artery. They output the analog electrical signal which
`
`corresponds to the pulse pressure at this area as a pulse wave signal, and together
`
`correspond to pulse wave detector 111. Pressure sensor interface 210 samples the
`
`pulse wave signals from pressure sensors Psl—Ps6 at specific time intervals, and
`
`outputs the pulse wave signal after digitally converting it. It corresponds to A/D
`
`converter 112 in FIG. 1." (12:66—l3:7).
`
`"In this way, the present embodiment employs a combination of pressure sensors
`
`Ps 1—Ps6 and temperature sensors Tsl~Ts6. The external appearance of the device
`
`will now be explained with reference to FIG. 3. FIG. 3a is a bottom view of the
`
`318 of 900
`
`

`
`Application/Control N umber: 95/002,371
`Art Unit: 3992
`
`calorie expenditure measuring device according to this embodiment. Switches
`
`Swl and SW2 have been provided to the side of device main body 300 which is
`
`designed in the form of a wristwatch. Pressure sensors Psl~Ps6 and temperature
`
`sensors Tsl~Ts6 are aligned in a row along the longitudinal direction of band
`
`301." (13:25—35).
`
`"The specific operation for using a calorie expenditure measuring device to
`
`calculate calorie expenditure will now be explained. This calculation operation
`
`is carried out by executing interrupt processing (1) shown in FIG. 17 at unit time
`
`intervals (fixed time intervals of one minute, for example). lnterrupt processing
`
`(1) is executed by CPU 201 based on the intenupt signal from watch circuit 208.
`
`First, at step Sal, CPU 201 inputs the pulse wave signal from pulse wave
`
`detector 111 via pressure sensor interface 210, and determines the pulse
`
`rate." (18:7—15).
`
`[32.3] generating data [e.g., generating body temperature data] indicative of a
`second parameter of said individual [e.g., body temperature is a second parameter
`of an individual] with said wearable device [e.g., device main body 300].
`
`"Temperature sensors Tsl—Ts6 are disposed about pressure sensors Ps l—Ps6,
`
`and each measure the temperature of the skin surface around the radial artery. The
`
`analog electrical signal corresponding to the measured value of the temperature is
`
`output as the body temperature signal. Temperature sensors Tsl—Ts6 together
`
`correspond to body temperature detector 121 shown in FIG. 1. Temperature
`
`sensor interface 211 samples the body temperature signals from temperature
`
`sensors Tsl—Ts6 at specific time intervals, and outputs them after conversion to a
`
`digital signal. It corresponds to A/D converter 122 in FIG. 1. A temperature
`
`sensor which employs thermocouples is preferably used from the perspective of
`
`conversion efficiency. However, it is also acceptable to use a temperature sensor
`
`which employs temperature characteristics like reverse current, such as a thermo
`
`element like a thermocouple, thermistor, diode, transistor, or the like." (13:8-
`
`13:23).
`
`319 of 900
`
`

`
`Application/Control N umber: 95/002,371
`Art Unit: 3992
`
`"In this way, the present embodiment employs a combination of pressure
`
`sensors Ps 1-Ps6 and temperature sensors Tsl-Ts6. The external appearance of
`
`the device will now be explained with reference to FIG. 3. FIG. 3a is a bottom
`
`view of the calorie expenditure measuring device according to this embodiment.
`
`Switches Swl and Sw2 have been provided to the side of device main body 300
`
`which is designed in the form of a wristwatch. Pressure sensors Psl~Ps6 and
`
`temperature sensors Tsl~Ts6 are aligned in a row along the longitudinal direction
`
`of band 301 " (13:25—35).
`
`"The specific operation for using a calorie expenditure measuring device to
`
`calculate calorie expenditure will now be explained. This calculation operation
`
`is carried out by executing interrupt processing (1) shown in FIG. 17 at unit time
`
`intervals (fixed time intervals of one minute, for example). Interrupt processing
`
`(1) is executed by CPU 201 based on the interrupt signal from watch circuit 208
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`In step Sa4, CPU 201 inputs the body temperature signal from body
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`temperature detector 111 via temperature sensor interface 211, and
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`determines whether or not the subject's body temperature exceeds the
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`threshold value. " (l8:6— 15; 24-28).
`
`[32.4] calculating ,directly from said first [e.g., pulse rate] and second [e.g., body
`temperature]parameters, quantitative status information [e.g., achievement rate,
`achievement rate is calculated from caloric expenditure, caloric expenditure is
`calculated from pulse rate and body temperature; pulse rate &body temperature,
`pulse rate and body temperature are calculated from pulse rate and body
`temperature] indicative of the relative degree of achievement of said individual's'
`performance with relation to said physiological status goal [e.g., target value,
`achievement rate is a relative degree of achievement of performance with relation to
`target value; normal biorhythms, pulse rate and body temperature are indicative of
`the relative reason].
`
`"The specific operation for using a calorie expenditure measuring device to
`
`calculate calorie expenditure will now be explained...First, at step Sal, CPU 201
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`inputs the pulse wave signal from pulse wave detector lll via pressure sensor
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`interface 210, and determines the pulse rate
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`If the pulse rate exceeds the
`
`threshold value, then, in step Sa4, CPU 201 inputs the body temperature signal
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`from body temperature detector 111 [sic] via temperature sensor interface 211,
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`and determines whether or not the subject's body temperature exceeds the
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`threshold Value
`
`If the result of the determination in step Sa4 is "YES," then
`
`this corresponds to case (2) above. Accordingly, in step Sa5, CPU 201 selects the
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`"active" regression formula. On the other hand.., if the result of the detennination
`
`in step Sa4 is "NO," this corresponds to case (3) above. Accordingly, in step Sa6,
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`CPU 201 selects a "resting" regression fonnula. Next in step Sa7, CPU 201
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`determines the oxygen intake quantity by substituting the pulse rate determined
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`previously into the selected regression formula, multiplying this by a coefficient,
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`and calculating the calorie expenditure per unit time." (Fig. 17; l8:7—43).
`
`"First, in step Sbl, CPU 201 reads out all the calorie expenditure values stored in
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`RAM 203
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`Next, in step Sb6, CPU 201 determines whether or not the target
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`value for calorie expenditure during the specific period of time has been set in
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`RAM 203. This target value is, for example, set by the subject or a third party
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`such as a physician by means of SW1 or SW2 or through communication with an
`
`external device....CPU 201 compares the summed value from step Sbl and the
`
`target value, and calculates the achievement rate G with respect to the target
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`value from the following formula: Achievement rate G = (summed value/target
`
`value) x 100. Next, in step Sb8, CPU 201 displays the numerical value of the
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`achievement rate G on display 207 [sic]. In addition to a simple numerical
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`display, however, a bar graph such as shown in Fig 20 or a pie chart such as
`
`shown in Fig 21 is also possible." (l9:36—39, 44- 54).
`
`[32.5] communicating to a recipient said calculated quantitative status information
`[e.g., achievement rate, specifically rate of change of achievement rate] indicative of
`a suggested change [e.g., degree of activity that is required," rate of change of
`achievement rate is indicative of degree of activity required] in said individual's
`performance [e.g., activity'] to assist said individual in the achievement of said
`physiological status goal [e.g., caloric expenditure].
`
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`Page 10
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`"In step Sb4, CPU 201 reads out the stored summed values for calorie expenditure
`
`over the past 30 minutes, for example. In step Sb5, CPU 201 carries out control so
`
`that a 2—dimensional display is realized on display 205 by sequentially plotting the
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`read—out summed values on the y—axis and the recorded time interval on the x-
`
`axis. An example of the display on display 205 in this case is shown in FIG. 19.
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`As shown in this figure, it is clear how calorie expenditure transitions during the
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`specific time interval. Thu s, this is beneficial to the subject as an indicator for
`
`subsequent exercise." (19:22—33).
`
`"In the above—described interrupt processing (2) and (4), the achievement rate G
`
`for the calories actually expended was detennined with respect to a target value
`
`for calorie expenditure during a specific time interval. Here, for example, when
`
`the specific time interval is assumed to be comparatively short, such as 10
`
`minutes, then, provided that the extent of change compared to the value 10
`
`minutes before, i.e., the rate of change during the time interval, is known, it is
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`possible to intuitively know the degree of activity which is necessary to reach
`
`the goal by setting the characteristics of the change over time as the desired goal.
`
`This rate of change is calculated by reading out from RAM 203 the calorie
`
`expenditure which was calculated prior to the specific time interval, and then
`
`dividing the change between this calorie expenditure and the current calculated
`
`calorie expenditure by a time period corresponding to the specific time interval. It
`
`is acceptable to notify the subject of the calculated rate of change on display
`
`205. In this case, the subject or a third party such as a physician sets a target value
`
`for the rate of change in RAM 203. On the other hand, when actually calculating
`
`the rate of change, it is acceptable to provide a design in which notice is provided
`
`by calculating the achievement rate G with respect to the target value. In addition,
`
`the calculated rate of change may be stored in RAM 203 in a time series." (21: 26-
`
`50).
`
`[32.6] said first [e.g., pulse rate] and second [e.g., body temperature] parameters are
`produced by at least one of said individual's' body and the environment adjacent
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`said individual's' body [e.g., pulse rate and body temperature are produced by an
`individual's body‘].
`
`"Pressure sensors Psl-Ps6 are sensors for measuring the pulse pressure
`
`around the subject's radial artery. They output the analog electrical signal
`
`which corresponds to the pulse pressure at this area as a pulse wave signal, and
`
`together correspond to pulse wave detector 1 l 1 . Pressure sensor interface 210
`
`samples the pulse wave signals from pressure sensors Psl-Ps6 at specific time
`
`intervals, and outputs the pulse wave signal after digitally converting it. It
`
`corresponds to A/D converter 112 in FIG. 1. Temperature sensors Tsl—Ts6 are
`
`disposed about pressure sensors Psl-Ps6, and each measure the temperature of
`
`the skin surface around the radial artery. The analog electrical signal
`
`corresponding to the measured value of the Temperature is output as the body
`
`Temperature signal. Temperature sensors Tsl—Ts6 together correspond to body
`
`Temperature detector l2l shown in FIG. 1. Temperature sensor interface 211
`
`samples the body temperature signals from Temperature sensors Tsl—Ts6 at
`
`specific time intervals, and outputs them after conversion to a digital signal. It
`
`corresponds to A/D converter 122 in FIG. 1. A Temperature sensor which
`
`employs thermocouples is preferably used from the perspective of conversion
`
`efficiency. However, it is also acceptable to use a temperature sensor which
`
`employs Temperature characteristics like reverse current, such as a thermo
`
`element like a thermocouple, thermistor, diode, transistor, or the like." (12:66-
`
`13:23).
`
`With respect to claim 33, Amano discloses;
`
`[33.0] A method according to claim 32 [see claim 32], wherein at least two sensors
`[e.g., pressure sensors Psl-Ps6, temperature sensors %'l-%'6] selected from the
`group consisting of physiological sensors and contextual sensors [e.g., pulse rate and
`body temperature are physiological sensors] are in electrical communication [e.g.,
`through bus B] with said wearable device [e.g., device main body 300], said sensors
`[e.g., pressure sensors Psl-PS6, temperature sensors %'1-% '6] generating said data
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`indicative of a first parameter [e.g., pulse rate data] and said data indicative of a
`second parameter [e.g., body temperature data] of said individual.
`
`"[T]he electrical structure for realizing the functional structure shown in FIG. 1
`
`will be explained. FIG. 2 is a block diagram showing this structure." (12: 18-20;
`
`FIG. 2).
`
`"CPU 201 carries out control of Various parts via bus B, as well as executing
`
`various processing and calculations based on basic programs stored in ROM 202.
`
`CPU 201 corresponds to the FFT processors 103, 113, body motion determining
`
`element 104, pulse rate calculator 114, basal metabolic state specifying element
`
`131, basal metabolism correcting element 142, correlation correcting element 152,
`
`regression formula selecting element 153, oxygen intake quantity calculator 161,
`
`calorie expenditure calculator 162, and controller 170" (Fig. 1; Fig. 2; 12:21-30).
`
`\~N\\\\\iu\\\\x\:~\x
`
`"Pressure sensors Psl-Ps6 are sensors for measuring the pulse pressure around
`
`the subject's radial artery. They output the analog electrical signal which
`
`corresponds to the pulse pressure at this area as a pulse wave signal, and together
`
`correspond to pulse wave detector 111. Pressure sensor interface 210 samples the
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`324 of 900
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`pulse wave signals from pressure sensors Psl—Ps6 at specific time intervals, and
`
`Outputs the pulse wave signal after digitally converting it. It corresponds to A/D
`
`converter 112 in FIG. 1. Temperature sensors Tsl—Ts6 are disposed about
`
`pressure sensors Psl—Ps6, and each measure the temperature of the skin surface
`
`around the radial artery. The analog electrical signal corresponding to the
`
`measured value of the temperature is output as the body temperature signal.
`
`Temperature sensors Tsl—Ts6 together correspond to body temperature detector
`
`121 shown in FIG. 1. Temperature sensor interface 21 1 samples the body
`
`temperature signals from temperature sensors Tsl~Ts6 at specific time intervals,
`
`and outputs them after conversion to a digital signal. It corresponds to A/D
`
`converter 122 in FIG. 1. A temperature sensor which employs thennocouples is
`
`preferably used from the perspective of conversion efficiency. However, it is also
`
`acceptable to use a temperature sensor which employs temperature characteristics
`
`like reverse current, such as a thermo element like a ther