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`TO THE ASSISTANT COMMISSIONER FOR PATENTS
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`Transmitted herewith for filing under 35 U.S.C. 111 and 37 C.F.R. 1.53 is the patent application of:
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`TELLER et al.
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`For: SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`EL46S990248US
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`A check in the amount of
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`Charge the amount of
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`Charge any additional filing fees required under 37 C.F.R. 1.16 and 1.17.
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`Charge the issue fee set in 37 C.F.R. 1.18 at the mailing of the Notice of Allowance,
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`pursuant to 37 C.F.R. 1.31 1 (b).
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`50-0525
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`Dated:
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`June 16, 2000
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`Signature
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`Philip E. Levy, Esq.
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`Reg. No. 40,700
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`IVIETZ SCHERMER & LEVVIS, LLC
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`11 Stanwix Street, 18th Floor
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`VERIFIED STATEMENT (DECLARATION) CLAJMING SMALL ENTITY
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`STATUS (37 CFR 1.9(i) AND 1.27 (c)) - SMALL BUSINESS CONCERN
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`Serial No.
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`Invention:
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`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`the owner of the small business concern identified below:
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`an official of the small business concern empowered to act on behalf of the concern identified below:
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`NAME OF CONCERN: BodyMedia, Inc.
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`ADDRESS OF CONCERN: 4 Smithfield Street, Suite 1200, Pittsburgh, PA 15222
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`I hereby declare that the above—identified small business concern qualifies as a small business concern as defined in
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`13 CFR 121 .3-18, and reproduced in 37 CFR 1.9(d), for purposes of paying reduced fees under Section 41(a) and (b)
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`of Title 35, United States Code, in that the number of employees of the concern, including those of its affiliates, does
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`not exceed 500 persons. For purposes of this statement, (1) the number of employees of the business concern is the
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`average over the previous fiscal year of the concern of the persons employed on a full-time, part-time or temporary
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`directly or indirectly, one concern controls or has the power to control the other, or a third party or parties controls or
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`I hereby declare that rights under contract or law have been conveyed to and remain with the small business concern
`identified above with regard to the above identified invention described in:
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`the specification filed herewith with title as listed above.
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`the application identified above.
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`the patent identified above.
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`if the rights held by the above—identified small business concern are not exclusive, each individual, concern or
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`organization having rights to the invention is listed on the next page and no rights to the invention are held by any
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`person, other than the inventor, who could not qualify as an independent inventor under 37 CFR 1.9(c) or by any
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`concern which would not qualify as a small business concern under 37 CFR 1.9(d) or a nonprofit organization under
`37 CFR 1.9(e).
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`Copyright 1994 Legalsoft
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`P05/REV01
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`Patent and Trademark Office-U.S. DEPARTMENT OF COMMERCE
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`Page 2 of 2
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`Each person, concern or organization to which I have assigned, granted, conveyed, or licensed or am under an
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`obligation under contract or law to assign, grant, convey, or license any rights in the invention is listed below:
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`no such person, concern or organization exists.
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`Cl each such person, concern or organization is listed below.
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`FULL NAME
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`Individual
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`Separate verified statements are required from each named person, concern or organization having rights to the
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`invention averring to their status as small entities. (37 CFR 1.27)
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`in this application or patent, notification of any change in status resulting in loss of
`I acknowledge the duty to file,
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`entitlement to small entity status prior to paying, or at the time of paying, the earliest of the issue fee or any
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`maintenance fee due after the date on which status as a small entity is no longer appropriate. (37 CFR 1.28(b))
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`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on
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`information and belief are believed to be true; and further that these statements were made with the knowledge that
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`willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of
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`Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the application,
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`any patent issuing thereon, or any patent to which this verified statement is directed.
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`NAME OF PERSON SIGNING:
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`TITLE OF PERSON SIGNING
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`OTHER THAN OWNER:
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`Eric Teller
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`Chief Executive Officer
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`ADDRESS OF PERSON SIGNING:
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`4 Smithfield Street, Suite 1200
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`CERTIFICATE OF MAILING BY "EXPRESS MAIL" (37 CFR 1.10)
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`I Applicant s): Eric Teller et al.(
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`D°°ke* N0-
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`Serial No.
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`Examiner
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`Group Art Unit
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`Invention:
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`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`I hereby certify that this
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`(Identzfy type afcorrespnmlence)
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`is being deposited with the United States Postal Service "Express Mail Post Office to Addressee" service under
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`37 CFR 1.10 in an envelope addressed to: The Assistant Commissioner for Patents, Washington, D.C. 20231 on
`June 16, 2000
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`(Date)
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`Philip E. Levy, Esq.
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`amc ofPerson Mailing Correspondence)
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`(Signa re ofPers n Mailing Correspondence)
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`EL465990248US
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`Note: Each paper must have its own certificate of mailing.
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`Copyright 1995 Legalsoft
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`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`FIELD OF THE INVENTION
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`The present invention relates to a system for monitoring health, wellness and fitness, and in
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`particular, to a system for collecting and storing at a remote site data relating to an indiVidual’s
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`physiological state, lifestyle, and various contextual parameters, and making such data and analytical
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`information based on such data available to the individual, preferably over an electronic network.
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`BACKGROUND OF THE INVENTION
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`Research has shown that a large number of the top health problems in society are either
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`caused in whole or in part by an unhealthy lifestyle. More and more, our society requires people to
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`lead fast—paced, achievement—oriented lifestyles that often result in poor eating habits, high stress
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`levels, lack of exercise, poor sleep habits and the inability to find the time to center the mind and
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`relax. Recognizing this fact, people are becoming increasingly interested in establishing a healthier
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`Traditional medicine, embodied in the form of an HMO or similar organizations, does not
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`have the time, the training, or the reimbursement mechanism to address the needs of those
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`individuals interested in a healthier lifestyle. There have been several attempts to meet the needs of
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`these individuals, including a perfusion of fitness programs and exercise equipment, dietary plans,
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`self-help books, alternative therapies, and most recently, a plethora ofhealth information web sites
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`on the Internet. Each of these attempts are targeted to empower the individual to take charge and get
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`healthy. Each of these attempts, however, addresses only part of the needs of individuals seeking a
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`healthier lifestyle and ignores many of the real barriers that most individuals face when trying to
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`adopt a healthier lifestyle. These barriers include the fact that the individual is often left to himself
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`or herself to find motivation, to implement a plan for achieving a healthier lifestyle, to monitor
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`progress, and to brainstorm solutions when problems arise; the fact that existing programs are
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`directed to only certain aspects of a healthier lifestyle, and rarely come as a complete package; and
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`the fact that recommendations are often not targeted to the unique characteristics ofthe individual or
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`SUMMARY OF THE INVENTION
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`A system is disclosed for detecting, monitoring and reporting human physiological
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`information. The system includes a sensor device which generates at least one of data indicative of
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`one or more physiological parameters and derived data from at least a portion of the data indicative
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`of one or more physiological parameters when placed in proximity with at least a portion of the
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`human body. The system also includes a central monitoring unit located remote from the sensor
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`device. The central monitoring unit generates analytical status data from at least one of the data
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`indicative of one or more physiological parameters, the derived data, and analytical status data that
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`has previously been generated. The central monitoring unit also includes a data storage device for
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`retrievably storing the data it receives and generates. The disclosed system also includes means for
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`establishing electronic communication between the sensor device and the central monitoring unit.
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`Examples may include various known types of long range wireless transmission devices, or a
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`physical or a short range wireless coupling to a computer which in turn establishes electronic
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`communication with the central monitoring unit over an electronic network such as the Internet.
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`Also included in the system is a means for transmitting the data indicative of one or more
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`physiological parameters, the derived data, and/or the analytical status data to a recipient, such as the
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`individual or a third party authorized by the individual.
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`Also disclosed is a method of detecting, monitoring and reporting human physiological
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`information. The method includes generating at least one of data indicative of one or more
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`physiological parameters of an individual and derived data from at least a portion of the data
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`indicative of one or more physiological parameters using a sensor device adapted to be placed in
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`proximity with at least a portion of the human body. The at least one ofthe data indicative of one or
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`more physiological parameters and the derived data are transmitted to a central monitoring unit
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`remote from said sensor device and retrievably stored in a storage device. Analytical status data is
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`generated from at least a portion of at least one of the data indicative of one or more physiological
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`parameters, the derived data and the analytical status data, and at least one of the data indicative of
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`one or more physiological parameters, the derived data and the analytical status data is transmitted
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`to a recipient.
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`The sensor device includes one or more sensors for generating signals in response to
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`physiological characteristics of the individual. The sensor device may also include a processor that
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`is adapted to generate the data indicative of one or more physiological parameters from the signals
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`generated by the one or more sensors. The processor may also be adapted to generate the derived
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`data. Alternatively, the derived data may be generated by the central monitoring unit.
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`The central monitoring unit may be adapted to generate one or more Web pages containing
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`the data indicative of one or more physiological parameters, the derived data, and/or the analytical
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`status data. The web pages generated by the central monitoring unit are accessible by the recipient
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`over an electronic network, such as the Internet. Alternatively, the data indicative of one or more
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`physiological parameters, the derived data, and/or the analytical status data may be transmitted to the
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`recipient in a physical form such as mail or facsimile.
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`The system and method may also obtain life activities data of the individual and may use
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`such life activities data when generating the analytical status data. Furthermore, the sensor device
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`may also be adapted to generate data indicative of one or more contextual parameters of the
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`individual. The system and method may then use the data indicative of one or more contextual
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`parameters when generating the analytical status data.
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`Also disclosed is a system for monitoring the degree to which an individual has followed a
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`suggested routine. The system includes a sensor device adapted to generate at least one of data
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`indicative of one or more physiological parameters of the individual and derived data from at least a
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`portion of the data indicative of one or more physiological parameters when the sensor device is
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`placed in proximity with at least a portion of the human body. Also included is a means for
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`transmitting the data that is generated by the sensor device to a central monitoring unit remote from
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`the sensor device and means for providing life activities data of the individual to the central
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`monitoring unit. The central monitoring unit is adapted to generate and provide feedback to a
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`recipient relating to the degree to which the individual has followed the suggested routine. The
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`feedback is generated from at least a portion of at least one of the data indicative of one or more
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`physiological parameters, the derived data, and the life activities data.
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`Also disclosed is a method of monitoring the degree to which an individual has followed a
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`suggested routine. The method includes receiving, at a central monitoring unit, at least one of data
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`indicative of one or more physiological parameters of said individual and derived data based on at
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`least a portion of the data indicative of one or more physiological parameters, wherein the data
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`indicative of one or more physiological parameters and the derived data are generated by a sensor
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`8 of 1701
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`device when placed in proximity with at least a portion of the human body. Also received at the
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`central monitoring unit is life activities data of the individual. The method further includes
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`generating at the central monitoring unit feedback relating to the degree to which the individual has
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`followed the suggested routine, the feedback being generated fiom at least a portion of at least one of
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`the data indicative of one or more physiological parameters of the individual, the derived data, and
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`the life activities data, and providing the feedback to a recipient.
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`The suggested routine may include a plurality of categories, wherein the feedback is
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`generated and provided with respect to each of the categories. Examples of the categories include
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`nutrition, activity level, mind centering, sleep, and daily activities. The feedback may be provided in
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`graphical form and may be contained in one or more web pages generated by the central monitoring
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`unit. Alternatively, the feedback may be transmitted to the recipient in a physical form.
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`BRIEF DESCRIPTION OF THE DRAWINGS
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`Further features and advantages of the present invention will be apparent upon consideration
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`of the following detailed description of the present invention, taken in conjunction with the
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`following drawings, in which like reference characters refer to like parts, and in which:
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`Fig. 1 is a diagram of an embodiment of a system for monitoring physiological data
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`and lifestyle over an electronic network according to the present invention;
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`Fig. 2 is a block diagram of an embodiment of the sensor device shown in Fig. 1;
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`Fig. 3 is a block diagram of an embodiment ofthe monitoring server shown in Fig. 1;
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`Fig. 4 is a block diagram of an alternate embodiment ofthe monitoring server shown
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`in Fig. l;
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`9 of 1701
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`Fig. 5 is a representation of a preferred embodiment ofthe Health Manager web page
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`according to an aspect of the present invention;
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`Fig. 6 is a representation of a preferred embodiment of the nutrition web page
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`according to an aspect of the present invention;
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`Fig. 7 is a representation of a preferred embodiment of the activity level Web page
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`according to an aspect of the present invention;
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`Fig. 8 is a representation of a preferred embodiment of the mind centering web page
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`according to an aspect of the present invention;
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`Fig. 9 is a representation of a preferred embodiment of the sleep web page according
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`to an aspect of the present invention;
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`Fig. 10 is a representation of a preferred embodiment of the daily activities web page
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`according to an aspect of the present invention; and
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`Fig. 1 1 is a representation of a preferred embodiment of the Health Index web page
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`according to an aspect of the present invention.
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`DESCRIPTION OF THE PREFERRED EMBODIMENTS
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`In general, according to the present invention, data relating to the physiological state, the
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`lifestyle and certain contextual parameters of an individual is collected and transmitted, either
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`subsequently or in real-time, to a site, preferably remote from the individual, where it is stored for
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`later manipulation and presentation to a recipient, preferably over an electronic network such as the
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`Internet. Contextual parameters as used herein means parameters relating to the environment,
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`surroundings and location ofthe individual, including, but not limited to, air quality, sound quality,
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`ambient temperature, global positioning and the like. Referring to Fig.1, located at user location 5 is
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`10 of 1701
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`sensor device 10 adapted to be placed in proximity with at least a portion ofthe human body. Sensor
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`device 10 is preferably worn by an individual user on his or her body, for example as part of a
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`garment such as a form fitting shirt, or as part of an arm band or the like. Sensor device 10, includes
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`one or more sensors, which are adapted to generate signals in response to physiological
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`characteristics of an individual, and a microprocessor. Proximity as used herein means that the
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`sensors of sensor device 10 are separated from the individual’s body by a material or the like, or a
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`distance such that the capabilities of the sensors are not impeded.
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`Sensor device 10 generates data indicative of various physiological parameters of an
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`individual, such as the individual’s heart rate, pulse rate, beat-to-beat heart variability, EKG or ECG,
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`respiration rate, skin temperature, core body temperature, heat flow off the body, galvanic skin
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`response or GSR, EMG, EEG, EOG, blood pressure, body fat, hydration level, activity level, oxygen
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`consumption, glucose or blood sugar level, body position, pressure on muscles or bones, and UV
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`radiation absorption. In certain cases, the data indicative ofthe various physiological parameters is
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`the signal or signals themselves generated by the one or more sensors and in certain other cases the
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`data is calculated by the microprocessor based on the signal or signals generated by the one or more
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`sensors. Methods for generating data indicative of various physiological parameters and sensors to
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`be used therefor are well known. Table 1 provides several examples of such well known methods
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`and shows the parameter in question, the method used, the sensor device used, and the signal that is
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`generated. Table 1 also provides an indication as to whether further processing based on the
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`generated signal is required to generate the data.
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`11 of 1701
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`U3
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`Sensor
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`2 Electrodes
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`LED Emitter and
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`Optical Sensor
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`Signal
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`DC Voltage
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`Change in Resistance
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`Heart Rate
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`2 Electrodes
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`DC Voltage
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`Parameter
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`Heart Rate
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`Pulse Rate
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`Beat-to-Beat
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`Variability
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`EKG
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`Respiration Rate
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`Skin Temperature
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`Core Temperature
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`Skin Surface
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`Potentials
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`Chest Volume
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`Change
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`Surface
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`Temperature
`Probe
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`Esophageal or
`Rectal Probe
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`Heat Flow
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`Thermopile
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`DC Voltage
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`Further
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`Processing
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`Yes
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`Yes
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`Yes
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`§
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`Yes
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`Yes
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`Yes
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`3-10 Electrodes
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`DC Voltage
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`Strain Gauge
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`Change in Resistance
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`Yes
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`Thermistors
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`Therrnistors
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`Change in Resistance
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`Change in Resistance
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`Galvanic Skin
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`Response
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`SkinConductance
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`EMG
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`EEG
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`EOG
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`Skin Surface
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`Potentials
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`Skin Surface
`Potentials
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`2 Electrodes
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`3 Electrodes
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`Change inResistance
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`DC Voltage
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`Multiple Electrodes
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`DC Voltage
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`ThinFilm
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`Piezoelectric
`Sensors
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`DC Voltage
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`Blood Pressure
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`Non-Invasive
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`Korotkuff Sounds
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`Electronic
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`Sphygromarometer
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`Change in Resistance
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`Body Fat
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`Body Impedance
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`2 Active Electrodes
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`Change in Resistance
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`Body Movement
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`Accelerometer
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`DC Voltage,
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`Capacitance Changes
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`Activity in
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`Interpreted G
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`Shocks per Minute
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`Oxygen
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`Consumption
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`Glucose Level
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`No
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`Yes
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`Yes
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`Yes
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`Yes
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`es
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`Yes
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`es
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`Oxygen Uptake
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`Electro-chemical
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`Electro-chemical
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`DC Voltage Change -
`DC Voltage Change
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`12 of 1701
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`Parameter
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`Signal
`Sensor
`Method
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`_ Korotkoff Sounds--
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`Further
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`Processing
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`Body Position (e.g.
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`supine, erect,
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`sitting)
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`Mercury Switch
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`Array
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`DC Voltage Change
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`Muscle Pressure
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`N/A
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`Thin Film
`Piezoelectric
`Sensors
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`DC Voltage Change
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`Yes
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`UV Radiation
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`Absorption
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`N/A
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`UV Sensitive Photo
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`Cells
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`DC Voltage Change
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`Yes
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`The types of data listed in Table 1 are intended to be examples of the types of data that can
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`be generated by sensor device 10.
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`It is to be understood that other types of data relating to other
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`parameters can be generated by sensor device 10 Without departing from the scope of the present
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`invention.
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`The microprocessor of sensor device 10 may be programmed to summarize and analyze the
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`data. For example, the microprocessor can be programmed to calculate an average, minimum or
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`maximum heart rate or respiration rate over a defined period of time, such as ten minutes. Sensor
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`device 10 may be able to derive information relating to an individual’s physiological state based on
`
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`the data indicative of one or more physiological parameters. The microprocessor ofsensor device 10
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`is programmed to derive such information using known methods based on the data indicative ofone
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`or more physiological parameters. Table 2 provides examples of the type of information that can be
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`derived, and indicates some of the types of data that can be used therefor.
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`13 of 1701
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`

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`Derived Information
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`Sleep onset/wake
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`Calories burned
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`Basal metabolic rate
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`Basal temperature
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`Activity level
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`Stress level
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`Relaxation level
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`Maximum oxygen consumption rate
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`Rise time or the time it takes to rise from
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`a resting rate to 85% of a target maximum
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`Time in zone or the time heart rate was
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`above 85% of a target maximum
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`Recovery time or the time it takes heart
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`rate to return to a resting rate after heart
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`rate was above 85% of a target maximum
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`Data Used
`
`
`Skin temperature, core temperature, oxygen consumption
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`Beat-to-beat variability, heart rate, pulse rate, respiration
`
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`rate, skin temperature, core temperature, heat flow, galvanic
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`skin response, EMG, EEG, EOG, blood pressure, oxygen
`
`consumption
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`Heart rate, pulse rate, respiration rate, heat flow, activity,
`
`
`oxygen consumption
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`Heart rate, pulse rate, respiration rate, heat flow, activity,
`
`
`oxygen consumption
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`Skin temperature, core temperature
`
`
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`
`
`Heart rate, pulse rate, respiration rate, heat flow, activity,
`
`
`oxygen consumption
`
`
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`
`
`
`EKG, beat-to-beat variability, heart rate, pulse rate,
`
`
`
`
`
`
`
`respiration rate, skin temperature, heat flow, galvanic skin
`
`
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`
`
`response, EMG, EEG, blood pressure, activity, oxygen
`
`consumption
`
`
`
`
`
`
`
`
`
`
`EKG, beat-to-beat variability, heart rate, pulse rate,
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`
`
`
`
`
`
`respiration rate, skin temperature, heat flow, galvanic skin
`
`
`
`
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`
`
`response, EMG, EEG, blood pressure, activity, oxygen
`
`consumption
`
`
`
`
`
`
`
`
`
`
`
`
`EKG, heart rate, pulse rate, respiration rate, heat flow, blood
`
`
`
`
`pressure, activity, oxygen consumption
`
`
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`
`
`
`
`
`Heart rate, pulse rate, heat flow, oxygen consumption
`
`
`
`
`
`
`
`
`
`
`Heart rate, pulse rate, heat flow, oxygen consumption
`
`
`
`
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`
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`
`
`Heart rate, pulse rate, heat flow, oxygen consumption
`
`
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`
`Additionally, sensor device 10 may also generate data indicative of various contextual
`
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`