Collins et al. failure to anticipate Claim 279 in Section VII(B) above are incorporated
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`herein by reference. Since Collins et al do not disclose all the elements of Claim 279,
`
`
`
`then the combination of Collins et al. and Mault does not serve to teach all the limitations
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`of the claims in this grouping. As such, Applicants that the rejection of this grouping of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`claims under 35 U.S.C. 103(a) be overturned and that the claims be deemed in condition
`
`
`
`for allowance.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`For the reasons stated above, Applicants respectfully submit that the rejections
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Claims 119-122, 151-154, 179-192, and 279-285 are overcome, and reversal thereof is
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`respectfully requested along with a holding that each of the claims are allowable.
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`TELLER, ET AL.
`
`
`
`any I. Friedman, Reg. No. 33,695
`Metz Lewis LLC
`
`
`
`
`
`
`
`
`11 Stanwix Street, 18"‘ Floor
`
`
`Pittsburgh, Pennsylvania 15222
`
`
`
`John A. Monocello III
`
`
`
`
`
`
`
`
`PTO Registration No. 51,022
`
`
`
`
`
`GTC Law Group LLP & Affiliates
`400 Blue Hill Drive
`
`
`
`
`Suite 2
`
`
`
`
`Westwood, MA 02090
`
`
`p: 412.953.0696
`f: 928.569.2575
`
`
`
`
`
`
`
`
`
`Attorneys for Applicant
`
`
`
`
`
`501 of 1348
`
`

`
`APPENDICES
`
`
`
`502 of 1348
`
`

`
`APPENDIX OF CLAIMS
`
`
`
`
`
`
`
`1.
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system for monitoring human physiological parameters and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`providing status infonnation therefor, the system comprising: an apparatus adapted for placement
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`on the human body which: (a) receives at least one of (i) detected and (ii) manually input data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`related to a first human physiological parameter; (b) directly detecting at least a second human
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`physiological parameter; and (c) providing status information with respect to the mutual effect of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`changes of said first and second human physiological parameters upon each other.
`
`
`
`
`2.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, wherein said apparatus is a sensor device
`
`
`
`
`
`
`
`
`
`for mounting on the human body.
`
`
`3.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 2, wherein said sensor device is an armband
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`sensor device for mounting on the upper arm of the human body.
`
`
`
`
`4.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 2, wherein said sensor device further
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`comprises at least one sensor for detecting at least one of said first and second human
`
`
`
`
`physiological parameters.
`
`
`
`
`5.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 2, wherein said at least one sensor further
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`comprises at least one of: a sensor for measuring GSR including at least two electrical contacts, a
`
`
`
`
`
`
`
`
`
`
`
`
`skin temperature sensor, an ambient temperature sensor, an accelerometer, an ambient light
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`sensor, an ambient sound sensor, an EMG sensor, an ECG sensor, a heart parameter related
`
`
`
`
`
`
`
`
`
`
`sensor, a GPS sensor and a skin impedance sensor.
`
`
`
`503 of 1348
`
`

`
`
`6.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 2, wherein said sensor device further
`
`
`
`
`
`
`
`
`
`comprises at least one sensor for detecting contextual parameter.
`
`
`
`
`7.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 6, further comprising at least one sensor for
`
`detecting additional human physiological status parameters.
`
`
`
`
`
`
`
`
`
`8.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 7, wherein said first and second human
`
`
`
`
`
`
`
`
`
`
`
`
`physiological parameters, said additional human physiological parameters and said contextual
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameters are utilized to derive data indicative of the nature of an activity of the wearer.
`
`
`
`
`9.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 8, wherein said first and second human
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`physiological parameters and said data indicative of the nature of an activity of the wearer are
`
`
`
`
`
`
`correlated by time.
`
`
`10.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 9, wherein said system provides output data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`comprising said time correlated first and second physiological parameters and said data
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of the nature of the activity of the wearer.
`
`
`
`11.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, wherein said first human physiological
`
`
`
`
`
`
`
`
`parameter is daily caloric intake.
`
`504 of 1348
`
`

`
`12.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 11, wherein said daily caloric intake is
`
`
`
`
`
`manually input .
`
`13.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 12, wherein said daily caloric intake is
`
`
`
`
`
`
`manually input by the user.
`
`14.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 12, wherein said daily calorie intake is
`
`
`
`
`
`
`
`
`
`
`manually input for a user by another individual.
`
`
`
`15.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 12, wherein said daily caloric intake is
`
`
`
`
`
`
`
`
`
`
`manually input for multiple users by a single person.
`
`
`
`16.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 11, further comprising a prepopulated food
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`database, from which food items are selected for the calculation of daily calorie intake.
`
`
`
`17.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 16, wherein said database may be amended
`
`
`
`with custom items.
`
`
`
`
`
`18.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 16, further comprising a prioritized list of
`
`
`
`
`
`
`
`
`
`
`
`food items from which food items may be selected.-
`
`
`
`19.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 18, wherein said list of food items is
`
`
`
`
`
`
`
`
`
`dynamically updated based upon frequency of selection.
`
`
`
`505 of 1348
`
`

`
`
`20.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 18, wherein said list of food items is
`
`
`
`
`
`
`
`
`
`dynamically updated based upon one of:
`
`
`
`
`
`
`
`
`
`
`
`time of day, day of week, meal, season and meal plan.
`
`
`
`
`21.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 16, further comprising a database of menu
`
`
`
`
`
`
`
`
`plans, including suggested foods for consumption.
`
`
`
`
`22.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, wherein said first human physiological
`
`
`
`
`
`
`
`parameter is blood glucose level.
`
`
`
`
`23.
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, further comprising a glucometer in
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`electronic communication with said system, wherein said blood glucose level is transmitted to
`
`
`
`
`
`
`
`said system from said glucometer.
`
`
`
`
`24.
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, wherein said second human
`
`
`
`
`
`
`
`physiological parameter is energy expenditure.
`
`
`
`
`25.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 24, wherein said energy expenditure is
`
`
`manually input.
`
`
`
`
`26.
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 25, further comprising a database of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`activities having an energy expenditure value associated therewith, from which a user may select
`
`
`
`
`
`an appropriate activity.
`
`
`
`506 of 1348
`
`

`
`
`27.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, wherein said system detects energy
`
`
`
`
`
`
`
`
`
`expenditure as the second human physiological parameter.
`
`
`
`
`28.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 27, wherein said energy expenditure is
`
`
`
`
`
`
`
`
`
`
`
`
`detected by a sensor device adapted for mounting on the human body.
`
`
`
`
`29.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 27, wherein energy expenditure is
`
`
`
`
`
`
`calculated according to the formula:
`
`TEE = BMR + AE + TEF + AT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`wherein BMR is basal metabolic rate, AB is activity energy expenditure, TEF is therrnic effect of
`
`
`
`
`
`
`
`
`
`food and AT is adaptive thermogenesis.
`
`
`30.
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, further comprising an additional
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`detection device in electronic communication with said system wherein at least one of said first
`
`
`
`
`
`
`
`
`
`
`
`
`and second human physiological parameters is obtained from said additional detection device.
`
`
`
`
`31.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 30, wherein said additional detection device
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`fixrther comprises one of a weight scale and a glucometer, a blood pressure cuff and a pulse
`
`
`
`oximeter.
`
`
`
`
`32.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, further comprising a data entry device for
`
`
`
`
`
`
`
`
`
`
`manual input of data related to said human physiological parameters.
`
`
`
`507 of 1348
`
`

`
`
`33.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, further comprising a processor for
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`calculating data indicative of at one of said first and second human physiological parameters of
`
`
`
`the user.
`
`
`
`
`34.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 33, wherein said data indicative of at least
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`one of said first and second human physiological parameters is energy balance.
`
`
`
`
`35.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, further comprising a display means for
`
`
`
`
`
`
`displaying information to a user.
`
`
`36.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 1, wherein said system is in electronic
`
`
`
`
`
`
`
`
`communication with an external computing device.
`
`
`
`
`37.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 36, wherein said external computing device
`
`
`
`
`
`
`
`
`
`
`is in electronic communication through a data information network.
`
`
`
`
`38.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 36, wherein said external computing device
`
`
`
`
`
`
`
`
`
`is provided with data from said system.
`
`
`
`
`39.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 37, wherein said external computing device
`
`
`
`
`
`
`
`
`
`
`
`
`is in electronic communication with a plurality of other like systems.
`
`
`
`508 of 1348
`
`

`
`
`40.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 39, wherein said system and said external
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`computing device exchange data for the purpose of creating databases of aggregate data output
`
`
`
`
`
`from said system.
`
`
`
`
`41.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 39, wherein said system, said external
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`computing device and said other like systems exchange data for the purpose of creating
`
`
`
`
`
`
`
`
`
`
`aggregate data output from all of said systems.
`
`
`
`
`42.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 36, wherein said external computing device
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`exchanges data with said system for the pmpose of modifying the operation of said system.
`
`
`
`
`43.
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system for monitoring and managing body weight comprised of:
`
`
`
`
`
`
`
`
`
`
`
`
`a body mounted detection apparatus for detecting data indicative of human status
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameters selected from the group consisting of energy expenditure and nutritional parameters
`
`
`
`
`
`
`of an individual; and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`a monitoring unit in communication with said detection apparatus for receiving at least
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`one of (i) manually input and (ii) detected human status parameter data and manipulating said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data to provide feedback with respect to the mutual effect of changes in said human status
`
`
`
`
`
`
`parameters upon each other.
`
`
`
`
`44.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43 wherein said body mounted detection
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`apparatus comprises at least one sensor for detecting at least one of said human status
`
`
`
`parameters.
`
`
`
`509 of 1348
`
`

`
`
`45.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 44 wherein said body mounted detection
`
`
`
`
`
`
`
`
`apparatus is an armband sensor device.
`
`
`
`
`46.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 44, wherein said body mounted detection
`
`
`
`
`
`
`
`
`
`
`
`
`
`apparatus further comprises at least one sensor for detecting contextual parameters.
`
`
`
`
`47.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 46, further comprising at least one sensor
`
`
`
`
`
`
`
`
`for detecting additional human status parameters.
`
`
`
`
`48.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 47, wherein said human status parameters,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said additional human status parameters and said contextual parameters are utilized to derive
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data indicative of the nature of an activity of the wearer.
`
`
`49.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 48, wherein said human status parameters
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`and said data indicative of the nature of the activity of the wearer are correlated by time.
`
`
`
`
`50.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 49, wherein said system provides output
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data comprising said time correlated human status parameters and said data indicative of the
`
`
`
`
`
`
`nature of the activity of the wearer.
`
`
`
`
`51.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 44, wherein said at least one sensor further
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`comprises at least one of: a sensor for measuring GSR including at least two electrical contacts, a
`
`510 of 1348
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`skin temperature sensor, an ambient temperature sensor, an accelerometer, an ambient light
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`sensor, an ambient sound sensor, an EMG sensor, an ECG sensor, a heart parameter related
`
`
`
`
`
`
`
`
`
`
`
`sensor, a GPS sensor and a skin impedance sensor.
`
`
`
`
`52.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 44, wherein said human status parameter
`
`
`
`
`
`
`
`
`
`data includes weight data for said individual.
`
`
`
`
`53.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 52, wherein said weight data is utilized to
`
`
`
`
`
`
`
`calculate change in weight of said individual.
`
`
`
`
`54.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 53, wherein said change in weight and
`
`
`
`
`
`
`
`
`
`
`
`
`
`detected energy expenditure are utilized to calculate daily calorie intake.
`
`
`55.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, wherein said first human status
`
`
`
`
`
`
`
`parameter is daily calorie intake.
`
`
`
`
`56.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 55, wherein said daily calorie intake is
`
`
`
`manually input .
`
`
`57.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 56, wherein said daily caloric intake is
`
`
`
`
`
`manually input by the user.
`
`
`
`511 of 1348
`
`

`
`58.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 56, wherein said daily calorie intake is
`
`
`
`manually input for a user by another individual.
`
`
`
`
`
`
`
`
`
`
`59.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 56, wherein said daily caloric intake is
`
`
`
`
`
`
`
`
`
`
`manually input for multiple users by a single person.
`
`
`
`
`60.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 55, further comprising a prepopulated food
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`database, from which food items are selected for the calculation of daily calorie intake.
`
`
`
`
`61.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 60, wherein said database may be amended
`
`
`
`with custom items.
`
`
`
`
`
`
`62.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 60, further comprising a prioritized list of
`
`
`
`
`
`
`
`
`
`
`
`food items from which food items may be selected.
`
`
`
`
`63.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 62, wherein said list of food items is
`
`
`
`
`
`
`
`
`
`dynamically updated based upon frequency of selection.
`
`
`
`64.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 62, wherein said list of frequently
`
`
`
`
`
`
`
`
`
`consumed items is dynamically updated based upon one of:
`
`
`
`
`
`
`
`
`
`time of day, day of week, meal,
`
`
`
`
`
`
`season, and meal plan.
`
`
`
`512 of 1348
`
`

`
`
`65.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 62, further comprising a database of menu
`
`
`
`
`
`
`
`
`plans, including suggested foods for consumption.
`
`
`
`
`66.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, wherein one of said human status
`
`
`
`
`
`
`parameters is energy expenditure.
`
`
`
`67.
`
`
`(Withdrawn) A system as described in claim 66, wherein said energy expenditure is
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`manually input.
`
`
`
`
`68.
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 67, further comprising a database of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`activities having an energy expenditure value associated therewith, from which a user may select
`
`
`
`
`
`an appropriate activity.
`
`
`
`
`69.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, wherein said system detects energy
`
`
`
`
`
`
`
`
`expenditure as the a human status parameter.
`
`
`
`
`70.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 69, wherein said energy expenditure is
`
`
`
`
`
`
`
`
`
`
`
`
`
`detected by a sensor device adapted for mounting on the human body.
`
`
`71.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 69, wherein energy expenditure is
`
`
`
`
`
`
`calculated according to the formula:
`
`
`TEE = BMR + AE + TEF + AT
`
`
`
`
`
`
`
`
`
`513 of 1348
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`wherein BMR is basal metabolic rate, AE is activity energy expenditure, TEF is thermic effect of
`
`
`
`
`
`
`
`
`food and AT is adaptive thermogenesis.
`
`
`
`72.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, further comprising an additional
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`detection device in electronic communication with said system wherein at least one of said
`
`
`
`
`
`
`
`
`
`
`
`
`human status parameters is obtained from said additional detection device.
`
`
`
`
`73.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 72, wherein said additional detection device
`
`
`
`
`
`
`further comprises a weight scale.
`
`
`
`
`74.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, further comprising a data entry device
`
`
`
`
`
`
`
`
`
`
`
`
`
`for manual input of data related to said human status parameters.
`
`
`
`
`75.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, further comprising a processor for
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`calculating data indicative of at one of said first and second human status parameters of the user.
`
`
`
`
`76.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 75, wherein said data indicative of at least
`
`
`
`
`
`
`
`
`
`
`
`one of said human status parameters is energy balance.
`
`
`
`
`77.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, further comprising a display means for
`
`
`
`
`
`
`displaying information to a user.
`
`514 of 1348
`
`

`
`
`78.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, wherein said system is in electronic
`
`
`
`
`
`
`
`
`communication with an external computing device.
`
`
`
`
`79.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 78, wherein said external computing device
`
`
`
`
`
`
`
`
`
`
`is in electronic communication through a data information network.
`
`
`
`
`80.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 78, wherein said external computing device
`
`
`
`
`
`
`
`
`
`is provided with data from said system.
`
`
`
`
`81.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 79, wherein said external computing device
`
`
`
`
`
`
`
`
`
`
`
`
`is in electronic communication with a plurality of other like systems.
`
`
`
`
`82.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 81, wherein said system and said external
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`computing device exchange data for the purpose of creating databases of aggregate data output
`
`
`
`
`
`from said system.
`
`
`
`
`83.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 81, wherein said system, said external
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`computing device and said other like systems exchange data for the purpose of creating
`
`
`
`
`
`
`
`
`
`
`aggregate data output from all of said systems.
`
`
`
`
`84.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 78, wherein said external computing device
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`exchanges data with said system for the purpose of modifying the operation of said system.
`
`
`
`515 of 1348
`
`

`
`
`85.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 43, further comprising a feedback and
`
`
`
`
`
`
`
`
`
`
`
`
`
`coaching engine wherein said feedback and coaching engine analyzes said mutual effect of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`changes of said human physiological parameters upon each other and provides one of feedback
`
`and status information to said individual.
`
`
`
`
`
`
`
`
`
`86.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 85, wherein said one of feedback and status
`
`
`
`
`
`
`
`
`
`
`
`
`information is in the form of suggestions to said individual.
`
`
`
`
`87.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 85, wherein said status information includes
`
`
`
`
`
`
`said human status parameters.
`
`
`
`
`88.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A system as described in claim 85, wherein said feedback and coaching
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`engine provides output which is modified based on at least one of the individual’s detected
`
`
`
`
`
`
`
`
`
`human status parameters and said status information.
`
`
`
`
`89.
`
`(Cancelled).
`
`
`
`
`90.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said first human physiological
`
`
`
`
`
`
`
`status parameter is energy expenditure.
`
`
`
`
`91.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, further comprising the step of
`
`
`
`
`
`detecting contextual parameters.
`
`
`
`516 of 1348
`
`

`
`
`92.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 91, further comprising the step of detecting
`
`
`
`
`
`
`
`additional human physiological status parameters.
`
`
`
`
`93.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 92, further comprising the step of deriving
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data indicative of the nature of an activity of the wearer from said first and second human
`
`
`
`
`
`
`
`
`
`
`
`
`
`physiological status parameters, said additional human physiological status parameters and said
`
`
`
`
`contextual parameters.
`
`
`
`94.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 93, wherein said data indicative of the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`nature of the activity of a wearer and said first and second human physiological status parameters
`
`
`
`
`
`
`
`are correlated by time.
`
`
`95.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 94, wherein output data is provided for said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`time correlated first and second physiological status parameters and said data indicative of the
`
`
`
`
`
`
`
`
`
`nature of the activity ofthe wearer.
`
`
`
`
`96.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said first human physiological
`
`
`
`
`
`parameter is daily caloric intake.
`
`
`
`
`97.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 96, wherein said daily caloric intake is
`
`
`
`manually input.
`
`517 of 1348
`
`

`
`98.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 97, wherein said daily caloric intake is
`
`
`
`
`
`manually input by the user.
`
`
`
`
`99.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 96, wherein said daily caloric intake is
`
`
`
`
`
`
`
`
`
`
`manually input for a user by another individual.
`
`
`
`100.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 97, wherein said daily caloric intake is
`
`
`
`
`
`
`
`
`manually input for multiple users by a single person;
`
`
`
`101.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 97, further comprising a prepopulated food
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`database, from which food items are selected for the calculation of daily calorie intake.
`
`
`
`102.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 101, wherein said database may be
`
`
`
`amended with custom items.
`
`
`
`
`
`
`103.
`
`
`(Withdrawn) A method as described in claim 102, further comprising a prioritized list of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`food items from which food items may be selected.
`
`
`
`104.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 103, wherein said list of food items is
`
`
`
`
`
`
`
`
`
`dynamically updated based upon frequency of selection.
`
`
`
`
`105.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 103, wherein said list of food items is
`
`
`
`
`
`
`
`
`
`dynamically updated based upon one of:
`
`
`
`
`
`
`
`
`
`
`
`time of day, day of week, meal, season and meal plan.
`
`
`
`518 of 1348
`
`

`
`106.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 101, further comprising a database of menu
`
`
`
`
`
`
`
`
`plans, including suggested foods for consumption.
`
`
`
`107.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said first human physiological
`
`
`
`
`
`
`
`parameter is blood glucose level.
`
`
`
`108.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, further comprising a glucometer in
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`electronic communication with said system, wherein said blood glucose level is transmitted to
`
`
`
`
`
`said system from said glucometer.
`
`
`
`109.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, further comprising a blood pressure cuff
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`in electronic communication with said system, wherein said blood pressure is transmitted to said
`
`
`
`
`
`
`
`
`system from said blood pressure cuff.
`
`
`
`
`r 110.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, further comprising a pulse oximeter in
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`electronic communication with said system, wherein said pulse is transmitted to said system
`
`
`
`
`
`from pulse oximeter.
`
`
`
`111.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said second human
`
`
`
`
`
`
`
`physiological parameter is energy expenditure.
`
`
`
`519 of 1348
`
`

`
`112.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 111, wherein said energy expenditure is
`
`
`manually input.
`
`
`
`113.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 1 12, further comprising a database of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`activities having an energy expenditure value associated therewith, from which a user may select
`
`
`
`
`
`an appropriate activity.
`
`
`
`114.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said system detects energy
`
`
`
`
`
`
`
`
`
`expenditure as the second human physiological parameter.
`
`
`
`115.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 114, wherein said energy expenditure is
`
`
`
`
`
`
`
`
`
`
`
`detected by a sensor device adapted for mounting on the human body.
`
`
`
`116.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 1 14, wherein energy expenditure is
`
`
`
`
`
`
`calculated according to the formula:
`
`TEE = BMR + AE + TEF + AT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`wherein BMR is basal metabolic rate, AE is activity energy expenditure, TEF is therrnic effect of
`
`
`
`
`
`
`
`
`food and AT is adaptive thermogenesis.
`
`
`
`117.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, further comprising obtaining at least
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`one of said first and second human physiological parameters from an additional detection device.
`
`
`
`520 of 1348
`
`

`
`118.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 117, wherein said additional detection
`
`
`
`
`
`
`
`
`
`
`
`
`device further comprises one of a weight scale and a glucometer.
`
`
`
`119.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) The system of Claim 279, wherein said processing unit is further configured
`
`
`
`
`
`
`
`
`
`
`to derive energy balance from said detected data.
`
`
`
`120.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) The system of Claim 119, wherein energy balance is derived from daily
`
`
`
`
`
`
`
`calorie intake and energy expenditure.
`
`
`
`121.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) The system of Claim 119, wherein said processing unit is configured to utilize
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said energy balance to track and predict changes in human physiological parameters.
`
`
`
`122.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A system of Claim 120, wherein said feedback comprises the effect of daily
`
`
`
`
`
`
`
`
`
`
`caloric intake and energy expenditure upon each other.
`
`
`
`123.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 97, wherein a user may substitute a
`
`
`
`
`
`
`
`
`
`summary entry based on the size of the meal.
`
`
`
`124.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 97, wherein a combination of food items
`
`
`
`
`
`
`may be suggested._
`
`125.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 97, wherein historical meal entry
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`information is used to prompt the user to simplify manual input of current foods.
`
`521 of 1348
`
`

`
`126.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 97, wherein said food database further
`
`
`
`comprises a search capability.
`
`
`
`127.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said feedback is generated by a
`
`
`
`
`feedback and coaching engine.
`
`
`
`
`128.
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 127, wherein said feedback is provided
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`regarding said mutual effect of nutritional and energy expenditure parameters upon each other.
`
`
`
`129.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said feedback presents a variety
`
`
`
`
`
`
`of choices or suggestions.
`
`
`
`130.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 129, wherein said suggestions include meal
`
`
`
`
`
`and vitamin supplements.
`
`
`
`131.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said feedback is in the form of
`
`
`
`
`
`
`
`an intermittent status report.
`
`132.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 131, wherein said intermittent status report
`
`
`
`
`
`
`
`
`
`
`
`is presented in an additional display box or window.
`
`
`
`522 of 1348
`
`

`
`133.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 131, wherein said intermittent status report
`
`
`
`
`
`
`
`
`
`
`
`
`may be generated by a key string or parameter set.
`
`
`
`134.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 131, wherein said intermittent status report
`
`
`
`
`
`
`
`
`
`
`contains information related to a user's preset goals.
`
`
`
`135.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described in claim 89, wherein said feedback is requested by
`
`
`
`the user.
`
`
`
`136.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Withdrawn) A method as described