121.
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`(Rejected) A method according to claim 118, wherein one of at least said at least
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`two sensors further comprises said skin conductance sensor which generates data indicative of
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`the resistance of said individual's skin to electric current.
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`122. (Rejected) A method according to claim 104, further comprising the step of
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`aggregating at least one of said data indicative of a first parameter of said individual, said data
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`indicative of a second parameter of said individual, and said quantitative status information with
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`data collected from a plurality of individuals to create aggregate data.
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`123. (Rejected) A method according to claim 122, further comprising the step of
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`creating reports based on said aggregate data.
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`124.
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`(Rejected) A method for assisting an individual to monitor, control and modify
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`certain aspects of the individual's physiological status according to a preset physiological status
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`goal, said individual wearing a wearable physiological monitoring device, the method
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`comprising:
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`establishing said physiological status goal according to certain physiological
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`parameters of said individual;
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`generating data with said wearable device, said generated data indicative of a first
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`parameter of said individual wearing said wearable physiological monitoring device;
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`generating data indicative of a second parameter of said individual with at least
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`one of said wearable device and a second device;
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`1201 of 1701
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`calculating, directly from said first and second parameters, quantitative status
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`information indicative of the relative degree of achievement of said individual’s performance
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`with relation to said physiological status goal; and
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`communicating to a recipient said calculated quantitative status information
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`indicative of a suggested change in said individual’s performance to assist said individual in the
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`achievement of said physiological status goal,
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`wherein said first and second parameters are produced by at least one of said individual’s
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`body and the enviromnent adjacent said individual’s body.
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`125.
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`(Rejected) A method according to claim 124, wherein at least two sensors selected
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`from the group consisting of physiological sensors and contextual sensors are in electrical
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`communication with at least one of said wearable device and said second device, said sensors
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`generating said data indicative of a first parameter and said data indicative of a second parameter
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`of said individual.
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`126. (Rejected) A method according to claim 125, further comprising generating derived
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`data based on said data indicative of a first parameter and said data indicative of a second
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`parameter.
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`127. (Rejected) A method according to claim 126, further comprising the step of using
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`at least said derived data to determine said quantitative status data.
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`128-136.
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`(Canceled)
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`1202 of 1701
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`137. (Rejected) A method according to claim 126, said at least two sensors being chosen
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`from the group consisting of respiration sensors, temperature sensors, heat flux sensors, body
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`conductance sensors, body resistance sensors, body potential sensors, brain activity sensors,
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`blood pressure sensors, body impedance sensors, body motion sensors, oxygen consumption
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`sensors, body chemistry sensors, body position sensors, body pressure sensors, light absorption
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`sensors, piezoelectric sensors, electrochemical sensors, strain gauges, and optical sensors.
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`138.
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`(Rejected) A method according to claim 126, said at least two sensors being two of
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`a body motion sensor adapted to generate data indicative of motion, a skin conductance sensor
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`adapted to generate data indicative of the resistance of said individual's skin to electric current, a
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`heat flux sensor adapted to generate data indicative of heat flow, a body potential sensor adapted
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`to generate data indicative of heart beats or muscle or brain activity of said individual, and a
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`temperature sensor adapted to generate data indicative of a temperature of said individual's skin,
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`said data indicative of a first parameter and said data indicative of a second parameter
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`comprising at least two of said data indicative of motion, said data indicative of resistance of said
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`individual's skin to electric current, said data indicative of heat flow, said data indicative of heart
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`beats or muscle or brain activity and said data indicative of a temperature of said individual's
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`skin.
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`139. (Rejected) A method according to claim 126, wherein said derived data comprises
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`data relating to at least one of activity level, sleep, nutrition, stress level and relaxation level.
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`1203 of 1701
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`140. (Rejected) A method according to claim 138, said at least two sensors being said
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`body motion sensor and said heat flux sensor, wherein said derived data comprises data relating
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`to calories burned and is generated using at least said data indicative of motion and said data
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`indicative of heat flow.
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`141.
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`(Rejected) A method according to claim 138, said at least two sensors comprising a
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`body motion sensor and skin conductance sensor, wherein said derived data comprises data
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`relating to calories burned, wherein said data relating to calories burned is generated using at
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`least said data indicative of motion and said data indicative of resistance of said individual's skin
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`to electric current.
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`142.
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`(Rejected) A method according to claim 127, said at least two sensors being
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`chosen from the group consisting of respiration sensors, temperature sensors, heat flux sensors,
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`body conductance sensors, body resistance sensors, body potential sensors, brain activity
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`sensors, blood pressure sensors, body impedance sensors, body motion sensors, oxygen
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`consumption sensors, body chemistry sensors, body position sensors, body pressure sensors,
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`light absorption sensors, piezoelectric sensors, electrochemical sensors, strain gauges, and optical
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`SCl’1SOI‘S.
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`143. (Rejected) A method according to claim 127, said at least two sensors being two of
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`a body motion sensor adapted to generate data indicative of motion, a skin conductance sensor
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`adapted to generate data indicative of the resistance of said individual's skin to electric current, a
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`1204 of 1701
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`

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`heat flux sensor adapted to generate data indicative of heat flow, a body potential sensor adapted
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`to generate data indicative of heart beats or muscle or brain activity of said individual, and a
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`temperature sensor adapted to generate data indicative of a temperature of said individual's skin,
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`said data indicative of a first parameter and said data indicative of a second parameter
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`comprising at least two of said data indicative of motion, said data indicative of resistance of said
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`individual's skin to electric current, said data indicative of heat flow, said data indicative of heart
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`beats or muscle or brain activity and said data indicative of a temperature of said individual's
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`skin.
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`144.
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`(Rejected) A method according to claim 127, wherein said derived data comprises
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`data relating to at least one of activity level, sleep, nutrition, stress level and relaxation level.
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`145. (Rejected) A method according to claim 143, said at least two sensors being said
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`body motion sensor and said heat flux sensor, wherein said derived data comprises data relating
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`to calories burned and is generated using at least said data indicative of motion and said data
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`indicative of heat flow.
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`146.
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`(Rejected) A method according to claim 143, said at least two sensors comprising
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`said skin conductance sensor and a body motion sensor, wherein said derived data comprises
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`data related to calories burned, and wherein said data relating to calories burned is generated
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`using at least said data indicative of motion and said data indicative of resistance of said
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`individual's skin to electric current.
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`1205 of 1701
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`147.
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`(Rejected) A method according to claim 104, said wearable physiological
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`monitoring device being part of an armband.
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`148.
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`(Rejected) A method according to claim 104, said wearable physiological
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`monitoring device being part of a garment.
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`149.
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`(Rejected) A method according to claim 104, said wearable physiological
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`monitoring device having at least two sensors, said at least two sensors being two of a body
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`motion sensor adapted to generate data indicative of motion, a skin conductance sensor adapted
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`to generate data indicative of the resistance of said individual's skin to electric current, a heat
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`flux sensor adapted to generate data indicative of heat flow, a body potential sensor adapted to
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`generate data indicative of heart beats or muscle or brain activity of said individual, a
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`temperature sensor adapted to generate data indicative of a temperature of said individual's skin,
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`an impedance sensor adapted to generate data indicative of an impedance of said individual’s
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`body, and a pulse rate sensor adapted to generate data indicative of a pulse rate of said
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`individual, said physiological monitoring device generating at least two of said data indicative of
`
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`motion, said data indicative of resistance of said individual's skin to electric current, said data
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`indicative of heat flow, said data indicative of heart beats or muscle or brain activity, said data
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`indicative of a temperature of said individual's skin, said data indicative of impedance, and said
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`data indicative of pulse rate when worn by said individual; said data indicative of a first
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`parameter and said data indicative of a second parameter being generated using said at least two
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`of said data indicative of motion, said data indicative of resistance of said individual's skin to
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`1206 of 1701
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`

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`electric current, said data indicative of heat flow, said data indicative of heart beats or muscle or
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`brain activity, said data indicative of a temperature of said individual's skin, said data indicative
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`of impedance, and said data indicative of pulse rate.
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`150.
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`(Rejected) A method according to claim 124, said wearable physiological
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`monitoring device being part of an armband.
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`151.
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`(Rejected) A method according to claim 124, said wearable physiological
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`monitoring device being part of a garment.
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`152.
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`(Rejected) A method according to claim 124, said wearable physiological
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`monitoring device having at least two sensors, said at least two sensors being two of a body
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`motion sensor adapted to generate data indicative of motion, a skin conductance sensor adapted
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`to generate data indicative of the resistance of said individual's skin to electric current, a heat
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`flux sensor adapted to generate data indicative of heat flow, a body potential sensor adapted to
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`generate data indicative of heart beats or muscle or brain activity of said individual, a
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`temperature sensor adapted to generate data indicative of a temperature of said individual's skin,
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`an impedance sensor adapted to generate data indicative of an impedance of said individual’s
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`body, and a pulse rate sensor adapted to generate data indicative of a pulse rate of said
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`individual, said physiological monitoring device generating at least two of said data indicative of
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`motion, said data indicative of resistance of said individual's skin to electric current, said data
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`indicative of heat flow, said data indicative of heart beats or muscle or brain activity, said data
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`1207 of 1701
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`indicative of a temperature of said individual's skin, said data indicative of impedance, and said
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`data indicative of pulse rate when worn by said individual; said data indicative of a first
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`parameter and said data indicative of a second parameter being generated using said at least two
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`of said data indicative of motion, said data indicative of resistance of said individual's skin to
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`electric current, said data indicative of heat flow, said data indicative of heart beats or muscle or
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`brain activity, said data indicative of a temperature of said individual's skin, said data indicative
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`of impedance, and said data indicative of pulse rate.
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`153-160. (Cancelled)
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`161.
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`(Rejected) A method according to claim 113, said at least two sensors being said
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`body motion sensor and said body potential sensor, wherein said derived data comprises data
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`relating to calories burned and is generated using at least said data indicative of motion and
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`said data indicative of heart beats.
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`162. (Rejected) A method according to claim 118, said at least two sensors being said
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`body motion sensor and said body potential sensor, wherein said derived data comprises data
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`relating to calories burned and is generated using at least said data indicative of motion and
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`said data indicative of heart beats.
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`163.
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`(Rejected) A method according to claim 138, said at least two sensors being said
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`body motion sensor and said body potential sensor, wherein said derived data comprises data
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`1208 of 1701
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`relating to calories burned and is generated using at least said data indicative of motion and
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`said data indicative of heart beats.
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`164.
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`(Rejected) A method according to claim 143, said at least two sensors being said
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`body motion sensor and said body potential sensor, wherein said derived data comprises data
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`relating to calories burned and is generated using at least said data indicative of motion and
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`said data indicative of heart beats.
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`165- 166.
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`(Cancelled)
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`167.
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`(Rejected) A method according to claim 104, further comprising receiving
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`sensor data from one or more sensor devices, said one or more sensor devices measuring said
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`sensor data from the individual, and using said sensor data in addition to said data indicative of
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`a first parameter and said data indicative of a second parameter to calculate said quantitative
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`status infonnation.
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`168- 170. (Cancelled)
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`171.
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`(Rejected)
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`A method according to claim 104, further comprising the step of
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`generating derived data from at least one of said data indicative of a first parameter and said
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`data indicative of a second parameter, wherein said quantitative status information indicative of
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`1209 of 1701
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`the relative degree of achievement of said individual’s performance with relation to said
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`physiological status goal is calculated from at least said derived data.
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`172.
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`(Rejected)
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`A method according to claim 124, further comprising the step of
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`generating derived data from at least one of said data indicative a first parameter and said data
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`indicative of a second parameter, wherein said quantitative status information indicative of the
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`relative degree of achievement of said individual’s performance with relation to said
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`physiological status goal is calculated from at least said derived data.
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`173-174.
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`(Cancelled)
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`175.
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`(Rejected)
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`A method according to Claim 104 wherein said step of calculating,
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`from said first and second parameters, quantitative status information indicative of the relative
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`degree of achievement of said individual’s performance with relation to said physiological status
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`goal further comprises using said life activities data in said calculation.
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`176.
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`(Rejected)
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`A method according to Claim 124 further comprising the step of
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`receiving data related to said individual’s life activities, and wherein said step of calculating,
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`from said first and second parameters, quantitative status information indicative of the relative
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`degree of achievement of said individual’s performance with relation to said physiological status
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`goal further comprises using said life activities data in said calculation.
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`1210 of 1701
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`177.
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`(Rejected)
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`A method according to Claim 104 further comprising the step of
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`commutating said data indicative of said first and second parameters to a central monitoring unit,
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`and wherein said step of calculating, from said first and second parameters, quantitative status
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`information indicative of the relative degree of achievement of said individual’s performance
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`with relation to said physiological status goal is performed by said central monitoring unit.
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`178.
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`(Rejected)
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`A method according to Claim 124 further comprising the step of
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`commutating said data indicative of said first and second parameters to a central monitoring unit,
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`and wherein said step of calculating, from said first and second parameters, quantitative status
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`information indicative of the relative degree of achievement of said individual’s performance
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`with relation to said physiological status goal is performed by said central monitoring unit.
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`179.
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`(Rejected) A method according to claim 104, said data indicative of a first
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`parameter and said data indicative of a second parameter comprising at least two of data
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`indicative of resistance of said individual’s skin to electric current, data indicative of heat flow of
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`said individual, data indicative said individual’s brain activity, data indicative of a temperature of
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`said individual’s skin, said data indicative of impedance of said individual, data indicative of said
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`individual’s respiration, data indicative of said individual’s body conductance, data indicative of
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`said individual’s body resistance, data indicative of said individual’s body potential, data
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`indicative of said individual’s blood pressure, data indicative of said individual’s oxygen
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`consumption, data indicative of said individual’s body chemistry sensors, and indicative of said
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`individual’s body position sensors.
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`1211 of 1701
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`180.
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`(Rejected)
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`A method according to claim 124, said data indicative of a first
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`parameter and said data indicative of a second parameter comprising at least two of data
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`indicative of resistance of said individual's skin to electric current, data indicative of heat flow of
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`said individual, data indicative said individual’s brain activity, data indicative of a temperature of
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`said individual's skin, said data indicative of impedance of said individual, data indicative of said
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`individual’s respiration, data indicative of said individual’s body conductance, data indicative of
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`said individual’s body resistance, data indicative of said individual’s body potential, data
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`indicative of said individual’s blood pressure, data indicative of said individual’s oxygen
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`consumption, data indicative of said individual’s body chemistry sensors, and indicative of said
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`individual’s body position sensors.
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`181.
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`(Rejected)
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`A method according to claim 104 wherein said life activities are
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`manually entered.
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`182.
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`(Rejected)
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`A method according to claim 124 wherein said life activities are
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`manually entered.
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`1212 of 1701
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`

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`APPENDIX OF EVIDENCE
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`The following is a list of the evidence entered in the record which Applicants rely upon in
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`the appeal:
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`Exhibit A — Interview Summary of May 24, 2006 Interview, entered July 12, 2006
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`Exhibit B — Amendment filed and entered June 15, 2005
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`Exhibit C — Letter and Revised Amendment filed and entered February 17, 2006
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`Exhibit D — Final Office Action entered March 13, 2006
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`Exhibit E — Information Disclosure Statement Acknowledgement Receipt of September 13,
`2005.
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`Exhibit F — U.S. Patent No. 6,790,178 B1 to Mault et al., entered by the Examiner in the Final
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`Office Action dated March 13, 2006 (See Exhibit D).
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`Exhibit G — U.S. Pat. No. 5,913,310 to Brown, entered by Examiner in the Final Office Action
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`entered May 28, 2004 and also in the Final Office Action dated March 13, 2006 (See Exhibit D).
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`1213 of 1701
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`APPENDIX OF RELATED APPEALS AND INTERFERENCES
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`There are no related appeals or interferences.
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`1214 of 1701
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`
`EXHIBITS
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`1215 of 1701
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`(_,
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United Slam Patent and Trademark Office
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`Address: $CD)h:MIlSԤ:)ONER FOR PATENTS
`A Iexanodiin. Virginia 223 I L I450
`wv/w.usp1o.§ov
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`APPLICATION NO.
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`09/595,660
`2386l
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`7590
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`METZ LEWIS, LLC
`I I STANWIX STREET
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`l8TH FLOOR
`PITTSBURGH, PA |5222
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`FILING DATE
`O6/I6/2000
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`07/I 2/2005
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`FIRST NAMED INVENTOR
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`Eric Tcllcr
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`ATTORNEY DOCKET NO.
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`l I48/0 I 5
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`CONFIRMATION No.
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`2830
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`PASS, NATALIE
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`3626
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`DATE MAILED: 07/I2/2005
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO~90C (Rev. I 0/03)
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`Exhibit A
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`Appeal - Application Ser. No. 09/595,660
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`1216 of 1701
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`,
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`Interview Summary
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`Application No.
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`V
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`09/595.660
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`Appllcantis)
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`TELLER ET AL.
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`All participants (applicant, applicant's representative, PTO personnel):
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`(1) Natalie A. Pass.
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`'
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`(3)Josegh Thomas.
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`&‘-\J (jg (4)JohnManocel/oJohnStivoric.
`(2)Bar Friedman Re . No. 33695.
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`Date of Interview: 19(5/05 8. 24/5/05. 6
` E§fltI%i::?Fi:..i‘=
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`‘
`UL 21 2005
`Type: a)® Telephonic
`b)l:] Video Conference
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`I
`2)[] appIicant'srepresen
`)1‘ J
`c)[:l Personal [copy given to: 1)[:] applicant
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`MET] LEWIS L_L_C,
`Exhibit shown or demonstratlon_conducted: d)[j Yes
`e)® No.
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`\___.—._.,-4.-a-.—-.—-<..« .. u.--.-up--n.-i-é<‘
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`,_
`If Yes. brief description:
`.
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`C|aim(s) discussed: 104 in articular and all of record in eneral.
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`Identification of prior art discussed: Brown300 in articular and all of record in eneral.
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`Agreement with respect to the claims f)[:] was reached. g)[:] was not reached. ME N/A.
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`Substance of Interview including description of the general nature of what was agreed to if an agreement was
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`reached, or any other comments: See Continuation Sheet.
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`(A fuller description, if necessary. and a copy of the amendments which the examiner agreed would render the claims
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`allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims
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`allowable is available, a summary thereof must be attached.)
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`THE FORMAL WRITTEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE
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`INTERVIEW. (See MPEP Section 713.04).
`If a reply to the last Office action has already been filed, APPLICANT IS
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`VIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY
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`FORM, WHICHEVER IS LATER, TO FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See
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`Summary of Record of Interview requirements on reverse side or on attached sheet.
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`SUPE VISORY PATENT EXAMINER
`TECHNOLOGY CENTER 3600
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`Examiner Note: You must sign this form unless it Is an
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`Attachment to a signed Office action.
`U.S. Patent and Tmdernark Omen
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`PTOL-413 (Rev. 04-03)
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`Exhibit A
`ca [0]]
`‘ " ,
`pp interview Summary
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`Examin r’ signature, if required
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`Paper No. 05242005
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`1217 of 1701
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`("H
`t”
`I Summary of Record of Interview Requirements
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`Manual oi Patent Examining Procedure (MPEP). Section 713.04, Substance of Interview Must be Made of Record
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`A complete written statement as to the substance of any face-to-lace. video conference, or telephone interview with regard to an application must be made of record in the
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`application whether or not an agreement with the examiner was reached at the Interview.
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`Title 37 Code of Federal Regulations (CFR) § 1.133 interviews
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`Paragraph (b)
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`in every instance where reconsideration is requested in view of an interview with an examiner. a complete written statement of the reasons presented at the interview as
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`warranting favorable action must be filed by the applicant. An interview does not remove the necessity for reply to Oflice action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
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`37 CFR §1.2 Business to be transacted in writing.
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`ransacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
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`and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
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`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
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`The adlon of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
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`incomplete through the failure to record the substance of interviews.
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`it is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
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`the examiner indicates he or she will do so.
`It is the examiner's responsibility to see that such a record is made and to correct material inaccuracies
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`which bear directly on the question of patentability.
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`Examiners must complete an interview Summa
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`additional correspondence from the examiner is not likely before an allowance or if other
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`circumstances dictate. the Form should be mailed promptly after the interview rather than with the next official communication.
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`The Fonn provides for reoordation of the following information:
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`Application Number (Series Code and Serial Number)
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`Name of applicant
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`Name of examiner
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`Date of interview
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`Type of interview (telephonic, video-conference, or personal)
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`Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, e