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`itted 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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`illllllor: YSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`PATENT APPLllCATl0N TRANSMITTAL LETTER
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`_'l_'Q THE ASSISTANT COMMISSIONER FOR PATENTS
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`pursuant to 37 C.F.R. 1.311(b).
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`50-0525
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`Reg. No. 40,700
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`METZ SCHERMER & LEWIS, LLC
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`CE TIFICATE OF MAILING BY "EXPRESS MAIL" (37 CFR 1.10)
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`App|icant(s): Eric Teller et al.
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`Docket N0-
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`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`I hereby certify that this § .. mm S_1;1Lemeni@allEnti1x,@ck
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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
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`Philip E. Levy, Esq.
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`EL4 65990150US
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`Note: Each paper must have its own certificate of mailing.
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`Copyright 1995 Legaisofi
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`VERIFIED STATEMENT (DECLARATION) CLAIMING SMALL ENTITY
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`STATUS (37 CFR 1.94:1) AND 1.27 (c)) - SMALL BUSINESS CONCERN
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`Docket No.
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`Applicant]
`Patentee: TELLER et al.
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`invention:
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`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`l hereby declare that I am:
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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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`OF CONCERN: BodyMedia, Inc.
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`DRESS OF CONCERN: 5 Smithfield Street, Suite 1200, Pittsburgh, PA 15222
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`I ereby declare that the above-identified small business concern qualifies as a small business concern as defined in
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`FR 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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`tie 35, United States Code, in that the number of employees of the concern, including those of its affiliates, does
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`t exceed 500 persons. For purposes of this statement, (1) the number of employees of the business concern is the
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`herage over the previous fiscal year of the concern of the persons employed on a full—time, part-time or temporary
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`baisis during each of the pay periods of the fiscal year, and (2) concerns are affiliates of each other when either,
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`(flrectly 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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`s the power to control both.
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`i ereby declare that rights under contract or law have been conveyed to and remain with the small business concern
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`ntified 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 idlentified 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
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`37 CFR1.9(e).
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`Copyright 1994 Legalsoft
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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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`El each such person, concern or organization is listed below.
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`parate verified statements are required from each named person, concern or organization having rights to the
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`vention 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
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`titlement 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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`aintenance 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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`hereby declare that all statements made herein of my own knowledge are true and that all statements made on
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`formation and belief are believed to be true; and further that these statements were made with the knowledge that
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`I gillful false statements and l:he 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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`OTHER THAN OWNER:
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`Eric Teller
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`SIGNATURE:
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`Q{OSS REFERENCE TO A RELATED APPLICATION
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`This application is a continuation-in-part of United States Application Serial No.
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`(UNKNOWN), filed on June 16, 2000.
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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, using a sensor device, and storing at a remote site data relating
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`to an individual’s physiological state, lifestyle, and Various contextual parameters, and making such
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`data and analytical information based on such data available to the individual, preferably over an
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`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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`lifestyle.
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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 perfilsion of fitness programs and exercise equipment, dietary plans,
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`self—help books, alternative therapies, and most recently, a plethora of health information web sites
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`on the Internet. Each ofthese 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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`his life circumstances.
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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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`infonnation. The system includes a sensor device adapted to be placed in contact with an
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`individual’s upper arm. The sensor device includes at least one of an accelerometer, a GSR sensor
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`and a heat flux sensor and is adapted to generate data indicative of at least one of activity, galvanic
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`skin response, and heat flow of the individual wearing the sensor device. The sensor device may
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`also be adapted to generate derived data from at least a portion of the data indicative of at least one
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`of activity, galvanic skin response and heat flow. The sensor device may include a computer
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`housing and a flexible wing body having first and second wings adapted to wrap around a portion of
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`the individual’s arm. The sensor device may also be adapted to provide audible, visible or tactile
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`feedback to the wearer.
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`The system also includes a central monitoring unit located remote from the sensor device.
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`The central monitoring unit generates analytical status data from at least one ofthe data indicative of
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`at least one of activity, galvanic skin response and heat flow, the derived data, and analytical status
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`data that has previously been generated. The central monitoring unit may also be adapted to
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`generate derived data from the data indicative of at least one of activity, galvanic skin response and
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`heat flow. The central monitoring unit also includes a data storage device for retri evably storing the
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`data it receives and generates. The disclosed system also includes means for establishing electronic
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`communication between the sensor device and the central monitoring unit. Also included in the
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`system is a means for transmitting the data indicative of at least one of activity, galvanic skin
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`response and heat flow, 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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`The central monitoring unit may be adapted to generate one or more web pages containing
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`the data indicative of at least one of activity, galvanic skin response and heat flow, the derived data,
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`and/or the analytical status data. The web pages generated by the central monitoring unit are
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`accessible by the recipient over an electronic network, such as the Internet. Alternatively, the data
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`indicative of at least one of activity, galvanic skin response and heat flow, the derived data, and/or
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`the analytical status data may be transmitted to the recipient in a physical form such as mail or
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`facsimile.
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`The system may also obtain life activities data of the individual and may use such life
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`activities data when generating the analytical status data. Furthermore, the sensor device may also
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`be adapted to generate data indicative of one or more contextual parameters of the individual. The
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`system may then use the data indicative of one or more contextual parameters when generating the
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`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 as described above. Also included is a
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`means for transmitting the data that is generated by the sensor device to a central monitoring unit
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`remote from the sensor device and means for providing life activities data of the individual to the
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`central 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 at least one of
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`activity, galvanic skin response and heat flow, the derived data, and the life activities data.
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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 central monitoring unit shown in
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`Fig. 1;
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`Fig. 4 is a block diagram of an alternate embodiment of the central monitoring unit
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`shown in Fig. 1;
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`Fig. 5 is a representation ofa 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 ofthe 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 ofthe 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 ofthe daily activities web page
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`according to an aspect of the present invention;
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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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`Fig. 12'. is a front View of a specific embodiment ofthe sensor device shown in Fig.1;
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`Fig. 13 is aback View ofa specific embodiment ofthe sensor device shown in Fig. 1;
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`Fig. 14 is a side view of a specific embodiment ofthe sensor device shown in Fig. 1;
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`Fig. 15 is a bottom View of a specific embodiment ofthe sensor device shown in Fig.
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`Figs. 16 and 17 are front perspective views of a specific embodiment of the sensor
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`device shown in Fig. 1;
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`Fig. 18 is an exploded side perspective View of a specific embodiment of the sensor
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`device shown in Fig. 1;
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`Fig. 19 is a side view of the sensor device shown in Figs. 12 through 18 inserted into
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`a battery recharger unit; and
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`Fig. 20! is a block diagram illustrating all of the components either mounted on or
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`coupled to the printed circuit board forming a part of the sensor device shown in Figs. 12
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`through 18.
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`EESCRIPTION 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 Sis
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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 ofan 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 exposure and absorption. In certain cases, the data indicative of the various physiological
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`parameters is the signal or signals themselves generated by the one or more sensors and in certain
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`other cases the data is calculated by the microprocessor based on the signal or signals generated by
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`the one or more sensors. Methods for generating data indicative ofvarious physiological parameters
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`and sensors to be used therefor are well known. Table 1 provides several examples of such well
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`known methods and shows the parameter in question, the method used, the sensor device used, and
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`the signal that is generated. Table 1 also provides an indication as to whether further processing
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`based on the generated signal is required to generate the data.
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`Table 1
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`Sensor
`zmmodes
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`LED Emitter and
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`Optical Sensor
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`Signal
`Dcvoirage
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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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`Pulse Rate
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`Beat—to—Beat
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`Variability
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`Respiration Rate
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`Skin Surface
`Potentials
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`Chest Volume
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`Change
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`Processing
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`Yes
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`No
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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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`11 of 527
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`Parameter
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`Method
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`Sensor
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`Signal
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`Further
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`Processing
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`Thermistors
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`
`Change in Resistance
`
`
`
`Yes
`
`
`
`
`Skin Temperature
`
`
`
`
`Core Temperature
`
`
`
`
`Surface
`Temperature
`Probe
`
`
`
`
`
`Esophageal or
`Rectal Probe
`
`
`
`
`
`Therrnistors
`
`
`
`
`
`Change in Resistance
`
`
`
`
`Heat Flow
`
`
`
`
`Heat Flux
`
`
`
`Thermopile
`
`
`
`
`DC Voltage
`
`
`
`
`Galvanic Skin
`
`Response
`
`
`
`EMG
`
`
`
`EEG
`
`
`
`EOG
`
`
`Skin Conductance
`
`
`
`
`2 Electrodes
`
`
`
`
`
`Change in Resistance
`
`
`
`
`3 Electrodes
`
`
`
`
`DC Voltage
`
`
`
`
`
`Multiple Electrodes
`
`
`DC Voltarre
`
`
`
`
`Skin Surface
`Potentials
`
`
`
`
`
`Skin Surface
`Potentials
`
`
`
`
`
`Eye Movement
`
`
`
`Yes
`
`
`
`Yes
`
`
`
`No
`
`
`No
`
`
`
`es
`
`
`
`Y
`
`Yes
`
`
`
`
`
`Thin Film
`Piezoelectric
`Sensors
`
`
`
`
`
`
`DC Voltage
`
`
`
`
`
`
`Blood Pressure
`
`
`
`
`Non-Invasive
`
`Korotkuff Sounds
`
`
`
`
`Electronic
`Sphygromarometer
`
`
`
`
`
`
`Change in Resistance
`
`Yes
`
`
`
`
`Body Fat
`
`
`
`
`Body Impedance
`
`
`
`
`
`
`
`
`2 Active Electrodes Change in Impedance
`
`
`
`Yes
`
`es
`
`Y
`
`
`
`
`
`
`
`Activity in
`
`
`Interpreted G
`
`
`Shocks per Minute
`0
`
`Congifigfion
`
`Glucose Level
`
`
`
`
`Body Position (e.g.
`
`
`supine, erect,
`
`sitting)
`
`
`
`
`Body Movement
`
`
`
`Accelerometer
`
`
`
`
`
`DC Voltage,
`
`Capacitance Changes
`
`
`
`Oxygen Uptake
`
`
`
`
`
`
`N/A
`
`
`
`
`
`
`
`.
`Electro-chemical
`filectro—chemical
`
`
`Mercury Switch
`
`Array
`
`DC Voltage Change
`
`
`DC Voltage Change
`
`
`
`
`DC Voltage Change
`
`
`
`
`
`
`
`Yes
`
`Yes
`
`
`
`
`
`Yes
`
`
`
`
`Muscle Pressure
`
`
`
`
`UV Radiation
`
`Absorption
`
`
`
`l
`
`l
`
`
`
`
`
`
`
`Thin Film
`Piezoelectric
`Sensors
`
`
`
`
`
`UV Sensitive Photo
`
`
`Cells
`
`
`
`
`
`
`DC Voltage Change
`
`
`
`
`
`DC Voltage Change
`
`
`
`
`
`Yes
`
`
`
`
`
`12 of 527
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The types of data listed in Table l are intended to be examples of the types of data that can
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`be generated by sensor device 10. It is to be understood that other types of data relating to other
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameters can be generated by sensor device 10 without departing from the scope of the present
`
`
`
`invention.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The microprocessor of sensor device 10 may be programmed to summarize and analyze the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data. For example, the microprocessor can be programmed to calculate an average, minimum or
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`maximum heart rate or respiration rate over a defined period of time, such as ten minutes. Sensor
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`device 10 may be able to derive information relating to an individual’s physiological state based on
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the data indicative of one or more physiological parameters. The microprocessor ofsensor device 10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`is programmed to derive such information using known methods based on the data indicative of one
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`or more physiological parameters. Table 2 provides examples of the type of information that can be
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`derived, and indicates some of the types of data that can be used therefor.
`
`Table 2
`
`
`
`
`Derived Information
`
`
`
`
`Data Used
`
`
`
`
`Ovulation
`
`
`
`
`Sleep onset/Wake
`
`
`
`
`Calories burned
`
`
`
`
`
`Basal metabolic rate
`
`
`
`
`Basal temperature
`
`
`
`
`
`Activity level
`
`
`
`Stress level
`
`
`
`
`
`
`Skin temperature, core temperature, oxygen consumption
`
`
`
`
`
`
`
`
`
`
`Beat-to-beat variability, heart rate, pulse rate, respiration
`
`
`
`
`
`
`
`rate, skin temperature, core temperature, heat flow, galvanic
`
`
`
`
`
`
`
`
`skin response, EMG, EEG, EOG, blood pressure, oxygen
`consumption
`
`
`
`
`
`
`
`
`
`
`
`
`Heart rate, pulse rate, respiration rate, heat flow, activity,
`oxygen consumption
`
`
`
`
`
`
`
`
`
`
`
`Heart rate, pulse rate, respiration rate, heat flow, activity,
`oxygen consumption
`
`
`
`
`
`
`
`
`Skin temperature, core temperature
`
`
`
`
`
`
`
`
`
`
`
`Heart rate, pulse rate, respiration rate, heat flow, activity,
`
`oxygen consumption
`
`
`
`
`
`
`
`
`
`
`
`EKG, beat-to-beat variability, heart rate, pulse rate,
`
`
`
`
`
`respiration rate, skin temperature, heat flow, galvanic skin
`
`
`
`
`
`
`
`
`
`response, EMG, EEG, blood pressure, activity, oxygen
`
`consumption
`
`
`
`
`
`13 of 527
`
`

`
`Derived Information
`
`
`
`
`Relaxation level
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EKG, beat-to-beat variability, heart rate, pulse rate,
`
`
`
`
`
`
`
`respiration rate, skin temperature, heat flow, galvanic skin
`
`
`
`
`
`
`
`response, EMG, EEG, blood pressure, activity, oxygen
`
`consumption
`
`
`
`
`
`
`Maximum oxygen consumption rate
`
`
`
`
`
`
`
`
`
`
`
`
`EKG, heart rate, pulse rate, respiration rate, heat flow, blood
`
`
`
`
`pressure, activity, oxygen consumption
`
`
`
`
`
`
`
`
`
`
`
`
`
`Rise time or the time it takes to rise from
`
`
`
`
`
`
`
`a resting rate to 85% of a target maximum
`
`
`
`Time in zone or the time heart rate was
`
`
`
`
`
`
`
`
`
`
`
`
`
`above 85% of a target maximum
`
`
`
`
`
`
`
`
`
`
`
`Recovery time or the time it takes heart
`
`
`
`
`
`
`
`
`rate to return to a resting rate after heart
`
`
`
`
`
`
`rate was above 85% of a target maximum
`
`
`
`
`
`
`
`
`
`
`Heart rate, pulse rate, heat flow, oxygen consumption
`
`
`
`
`
`
`
`
`
`
`Heart rate, pulse rate, heat flow, oxygen consumption
`
`
`
`
`
`
`
`
`
`
`Heart rate, pulse rate, heat flow, oxygen consumption
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Additionally, sensor device 10 may also generate data indicative of various contextual
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameters relating to the environment surrounding the individual. For example, sensor device 10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`can generate data indicative of the air quality, sound level/quality, light quality or ambient
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`temperature near the individual, or even the global positioning of the individual. Sensor device 10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`may include one or more sensors for generating signals in response to contextual characteristics
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`relating to the environment surrounding the individual, the signals ultimately being used to generate
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the type of data described above. Such sensors are well known, as are methods for generating
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`contextual parametric data such as air quality, sound level/quality, ambient temperature and global
`
`
`
`
`
`positioning.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Fig. 2 is a block diagram of an embodiment of sensor device 10. Sensor device 10 includes
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`at least one sensor 12 and microprocessor 20. Depending upon the nature of the signal generated by
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`sensor 12, the signal can be sent through one or more of amplifier 14, conditioning circuit 16, and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`analog—to—digital converter 18, before being sent to microprocessor 20. For example, where sensor
`
`
`
`15
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12 generates an analog signal in need of amplification and fi