EXHIBIT 2136
`
`EXHIBIT 2136
`
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`

`(12) United States Patent
`(10) Patent N0.:
`US 6,513,532 B2
`
`Mault et al.
`(45) Date of Patent:
`Feb. 4, 2003
`
`USOO6513532B2
`
`(54) DIET AND ACTIVITY-MONITORING
`DEVICE
`
`........................................ 128/921; 600/595
`(52) US. Cl.
`(58) Field of Search ................................. 600/595, 587,
`600/300, 301; 128/920—921
`
`(75)
`
`Inventors: James R. Mault, Evergreen, CO (US);
`Edwin Pearce San Francisco CA
`’
`’
`(US); David Gilmore, San Francisco,
`CA(US); Roshi Givechi, San
`Francisco, CA (US); Jeanne Ragan,
`Plymouth, MI (Us); Andrzei
`-
`-
`,
`-
`SGk9Sklercé’ Mgnlo 1.3611163 f CA
`“lumen “1 ”fiasco, 0t
`0
`(US)
`
`.
`(73) ASSlgHeei Healthetech, 1116-, Golden, CO (US)
`
`(*) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(1)) byO days.
`
`.
`(21) APPL No" 09/745,373
`(22)
`Filed:
`Dec. 23, 2000
`
`(65)
`
`Prior Publication Data
`US 2001/0049470 A1 Dec. 6, 2001
`
`(60)
`
`Related US. Application Data
`Provisional application No. 60/251,179, filed on Dec. 5,
`2000, provisional application No. 60/243,621, filed on Oct.
`26, 2000, provisional application No. 60/240,185, filed on
`Oct. 13, 2000, provisional application No. 60/230,860, filed
`on Oct. 7, 2000, provisional application No. 60/234,866,
`filed on Sep. 22, 2000, provisional application No. 60/212,
`319, filed on Jun. 16, 2000, provisional application No.
`60/209,921, filed on Jun. 7, 2000, provisional application
`No. 60/207,051, filed on May 25, 2000, provisional appli—
`cation No. 60/207,089, filed on May 25, 2000, provisional
`application No. 60/201,902, filed on May 4, 2000, provi—
`sional application No. 60/200,428, filed on Apr. 28, 2000,
`provisional application No. 60/195,779, filed on Apr. 10,
`2000, provisional application No. 60/194,126, filed on Apr.
`3, 2000, provisional application No. 60/179,882, filed on
`Feb. 2, 2000, provisional application No. 60/178,979, filed
`on Jan. 28, 2000, and provisional application No. 60/177,
`016, filed on Jan. 19, 2000.
`
`56
`
`(
`
`)
`
`-
`Ct d
`R f
`l e
`e erences
`U.S. PATENT DOCUMENTS
`
`313833? 2
`,
`,
`4,101,071 A
`4,117,834 A
`4,159,416 A
`4,192,000 A
`4,212,079 A
`4,221,959 A
`4,224,952 A
`4,244,020 A
`4,321,674 A
`4,353,375 A
`4,380,802 A
`4,387,777 A
`
`
`$1332 $1658? ft .1. """" 3453/3832“?
`u e a. ..............
`7/1978 Brejnik et al.
`......... 235/92 MT
`10/1978 McPartland et al.
`........ 128/2 8
`......... 235/92 MT
`6/1979 Brejnik et al.
`
`3/1980 Lipsey ................. 364/415
`7/1980 Segar et al.
`................ 364/900
`9/1980 Sessier
`9/1980 Sidorenko et al.
`.......... 128/782
`1/1981 Ratcliff .................... 364/413
`
`
`3/1982 Krames et al.
`..
`364/413
`............. 128/782
`10/1982 Colburn et al.
`4/1983 Segar et al.
`................ 364/900
`6/1983 Ash ............................ 177/43
`
`(List continued on next page.)
`
`Primary Examiner—Kevin Shaver
`Assistant Examiner—Navin Natnithithadha
`
`(74) Attorney, Agent, or Firm—Gifford, Krass, Groh,
`Sprinkle, Anderson & Citkowski, PC.
`
`(57)
`
`ABSTRACT
`
`Adiet and activity-monitoring device includes a timer Which
`outputs a time-indicative signal. A body activity monitor
`monitors the body activity of a subject and outputs a signal
`indicative of the body activity. A consumption notation
`control is provided Which the subject may operate to indicate
`When they consume food. An activity calculator receives the
`body activity signal and determines a body activity level for
`the subject. A consumption calculator communicates With
`the consumption notation control and receives the time-
`indicative signal. The consumption calculator determines
`and stores the times When the consumption location control
`is operated.
`
`(51)
`
`Int. Cl.7 ......................... G06F 17/00; A61B 5/103;
`A61B 5/112
`
`39 Claims, 8 Drawing Sheets
`
`BODY
`ACWVWY
`MONWOR
`
`32
`
`TIMER
`a4
`
`
`
`
`
`
`
`MODE
`CONSUMPWON
`
`CONTROL
`NOTAWON
`
`CONTROL
`M
`35
`
`
`
`
`
`
`
`COMMUMCANON
`
`MEMORY
`TRANSCHVER
`
`44
`42
`
`mSPLAY
`
` 40
`
`
`
`IPR2017—00321
`
`CONDITIONAL MOTION TO AMEND
`
`0001
`
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`EXHIBIT 2136 — PAGE 2
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`

`

`US 6,513,532 B2
`
`Page 2
`
`US. PATENT DOCUMENTS
`
`4,566,461 A
`23%;? 2
`7
`7
`4,629,015 A
`4,650,218 A
`4,686,624 A
`4,796,182 A
`4,803,625 A
`4,807,169 A
`4,823,808 A
`4,853,854 A
`4,855,942 A
`4,855,945 A
`4,891,756 A
`4,894,793 A
`4,911,256 A
`4,924,389 A
`4,951,197 A
`4,954,954 A
`4,966,155 A
`5,012,411 A
`5,033,561 A
`5,173,588 A
`5,233,520 A
`5,263,491 A
`5,307,263 A
`5,387,164 A
`5,388,043 A
`5,398,688 A
`5,412,560 A
`5,412,564 A
`5,454,721 A
`5,478,989 A
`5,485,402 A
`5,542,420 A
`5,640,774 A
`5,673,691 A
`
`5,678,562 A
`5,691,927 A
`5,704,350 A
`5,722,418 A
`
`............... 128/668
`1/1986 Lnbelletal.
`---------- 322%:
`31322 1511”???“ et 31-
`
`"
`/
`a.“ 1
`““““““““
`/
`................... 177/25
`12/1986 Fr1ed et al.
`3/1987 HaWke ........................ 283/67
`8/1987 Blum et al.
`........ 364/415
`
`1/1989 Duboff .................. 364/413.29
`2/1989 Fu et al.
`................ 364/413.03
`2/1989 Overbeck .....
`364/715.01
`
`................ 128/773
`4/1989 Clegg et al.
`8/1989 Behar et al.
`........... 364/413.01
`.
`8/1989 Blanco ................. 364/561
`
`.
`.................... 364/709.02
`8/1989 Sakal
`.
`.
`1/1990 Wllllams, III .......... 364/413.29
`1/1990 Ikemoto et al.
`..
`. 364/709.03
`.
`.
`
`3/1990 Attlklouzel
`......
`177/25.16
`..... 364/413.29
`5/1990 Gerbaulet et al.
`.
`8/1990 Melllnger
`................ 364/413.2
`
`..
`9/1990 Madsen et al.
`364/413.29
`10/1990 Jackson ...................... 128/671
`.
`4/1991 Pollcastro et al.
`..... 364/413.04
`.
`7/1991 Hettlnger ................. 177/25.16
`12/1992 Harrah .................... 235/114
`
`8/1993 Kretsch et al.
`..
`364/413.29
`
`11/1993 Thornton ................. 128/774
`
`4/1994 Brown ......
`364/413.09
`
`........... 482/9
`2/1995 Brown, Jr
`.
`
`2/1995 Hettlnger
`364/413.29
`.
`3/1995 Lamado .....
`128/660.02
`
`.
`5/1995 Denmson
`364/413.01
`
`5/1995 Ecer .................. 364/413
`
`10/1995 Kuch .......... 434/127
`12/1995 Shepley ............. 235/375
`
`.
`1/1996 Smlth et al. .......... 364/566
`
`8/1996 Goldman et al.
`..... 128/630
`
`6/1997 Goldman ............
`33/15 D
`
`..... 128/630
`10/1997 Abrams et al.
`..
`
`10/1997 Sellers .................... 128/710
`11/1997 Gump ..........
`364/709.01
`1/1998 Williams, III
`..... 128/630
`3/1998 Bro ............................ 128/732
`
`
`
`
`
`3/1998 Golan ................... 364/709.02
`5,729,479 A
`8/1998 Yoshimura et al.
`......... 600/587
`5,788,655 A *
`10/1998 Mansfield eta].
`.......... 128/630
`5,819,735 A
`10/1998 Lichter et al.
`.............. 600/300
`5,827,179 A
`10/1998 Brown ....................... 434/258
`5,828,943 A
`11/1998 Brown .
`..... 705/2
`5,832,448 A
`
`11/1998 bloore u
`u 128/897
`5,836,312 [X
`11/1998 Shepley ......
`.. 235/375
`5,841,115 A
`
`.
`12/1998 Camalsa et al.
`705/27
`5,845,263 A
`3/1999 Rohde .....
`.. 600/523
`5,876,351 A
`.
`
`3/1999 Dlaz et al.
`705/2
`5,890,128 A
`.. 600/301
`5/1999 Brown
`5,899,855 A
`6/1999 Lutz ..
`.. 434/236
`5,908,301 A
`6/1999 Brown .
`.. 128/897
`5,913,310 A
`7/1999 Brown .
`.. 128/897
`5,918,603 A
`9/1999 Brown
`.. 434/236
`5,951,300 A
`.
`.
`9/1999 Merrlll et al.
`434/236
`5,954,510 A
`
`
`.......
`11/1999 Rangan et al.
`709/105
`5,987,493 A
`.
`........ 600/300
`11/1999 Blrkhoelzer et al.
`5,989,188 A
`.
`5,989,200 A * 11/1999 Yosh1mura et al.
`..
`600/587
`
`12/1999 Brown .............
`.. 600/300
`5,997,476 A
`..
`6,013,007 A
`1/2000 Root et al.
`428/8
`.
`
`.. 600/350
`6,014,578 A
`1/2000 M1noz .....
`.. 235/375
`6,024,281 A
`2/2000 Shepley
`.
`
`2/2000 SurWlt et al.
`.....
`6,024,699 A
`600/300
`2/2000 Amano et al.
`.. 600/301
`6,030,342 A
`
`2/2000 Brown et al.
`..
`6,032,119 A
`705/2
`.. 128/898
`6,032,676 A
`3/2000 Moore .....
`
`............. 600/300
`3/2000 Douglas et al.
`6,039,688 A
`.
`3/2000 Mlller—Kovach et al.
`177/25.16
`6,040,531 A
`3/2000 Herron
`6,042,383 A
`.. 434/238
`6,045,513 A
`4/2000 Stone et al.
`. 600/508
`
`6,077,193 A
`6/2000 Buhler et al.
`482/8
`7/2000 Coffman ..
`.. 434/127
`6,083,006 A
`.
`
`8/2000 Aral ................ 482/4
`6,095,949 A
`8/2000 Raymond et al
`. 600/513
`6,095,985 A
`
`. 705/2
`6,101,478 A
`8/2000 Brown .
`10/2000 Adams .......
`.. 600/300
`6,135,950 A
`
`.
`10/2000 Rlchardson et al.
`........ 600/300
`6,135,951 A
`6 139 494 A
`10 2000 C .
`600300
`,
`,
`/
`“mes """""""""""
`/
`
`* cited by examiner
`
`IPR2017—00321
`CONDITIONAL MOTION TO AMEND
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`EXHIBIT 2136 — PAGE 3
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`

`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 1 0f 8
`
`US 6,513,532 B2
`
`FIG-1
`
`Remote Server
`
`26
`
` Computer
`
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`US. Patent
`
`Feb. 4, 2003
`
`Sheet 2 0f 8
`
`US 6,513,532 B2
`
`FIG-2
`
`34
`
`BODY
`ACTIVITY
`MONITOR
`32
`
`TIMER
`
`
`
`MODE
`CONTROL
`38
`
`CPU
`
`30
`
`MEMORY
`
`42
`
`DISPLAY
`
`4o
`
`CONSUMPTION
`NOTATION
`CONTROL
`36
`
`44
`
`COMMUNICATION
`TRANSCEIVER
`
`IPR2017—00321
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`

`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 3 0f 8
`
`US 6,513,532 B2
`
`FIG - 3A
`
`
`
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`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 4 0f 8
`
`US 6,513,532 B2
`
`FIG-4
`
`84
`
`86
`
`AudioNideo
`95
`Input
`
`CONSUMPTION
`NOTATION
`
`(Button)
`
`CONTROL
`
`l
`
`|| |
`
`
`
`110
`Manual Input
`I
`'
`
`MODE106
`
`CONTROL
`
`I
`I
`
`92
`
`MEMORY
`
`GPS 82
`ANTENNA
`
`Exercise
`
`Equipment
`Monitoring
`
`TIMER
`
`Device 108
`
`GPS-BASED
`BODY
`QCNII'OE
`
`
`a
`
`Respiration
`
`Sensor
`105
`
`
`
`80
`
`Heart Rate
`Sensor
`
`109
`
`‘.
`
`.
`
`1
`|__.__ _ __
`I
`‘--r-
`
`
`
`
`
`
`
`CACULATOR
`
`CONSUMPTION
`CALCULATOR
`96
`
`CPU
`
`
`COMMUNICATION
`TRANSCEIVER
`
`
`98
`
`
`DISPLAY
`
`112
`
`IPR2017—00321
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`

`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 5 0f 8
`
`US 6,513,532 B2
`
`
`
`
`
`389$00502xo__o_xomcwEofiso
`
`
`
`$80.$00620.2.8E290
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`
`IPR2017—00321
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`

`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 6 0f 8
`
`US 6,513,532 B2
`
`FIG-6
`
`
`
`Running
`Shoes
`126
`
`
`
`
`Stationary
`Bike
`128
`
`
`Road Bike
`130
`
`
`
`
`
`POSITION 122
`ACTIVITY
`DISCRIMINATOR
`
`
`
`
`
`Heart Rate
`Senso1r38
`
`Motion Sensor
`_\ L O
`
` BODY 124
`
`ACTIVITY
`MONnOR
`
`
`
`
`
`
`CONSUMPTION
`
`
`CONSUMPTION
`A
`EBLTTFQT
`CALCULATOR
`
`
`
`(Button)
`
`I
`I
`I ______0.P9
`
`'
`
`
`
`
`
`DISPLAY
`
`
`MEMORY
`
`COMMUNICATION
`TRANSCEIVER
`
`84
`
`IPR2017—00321
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`EXHIBIT 2136 — PAGE 9
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`0008
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`

`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 7 0f 8
`
`US 6,513,532 B2
`
` \
`
`Granger Ave
`
`B ooklan Ave
`.filedEl
`
`
`Sycamore PI
`—'
`
`
`FIG - 8
`
`IPR2017—00321
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`0009
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`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 8 0f 8
`
`US 6,513,532 B2
`
`FIG-9
`
`
`
`IPR2017—00321
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`0010
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`

`

`US 6,513,532 B2
`
`1
`DIET AND ACTIVITY-MONITORING
`DEVICE
`
`This application claims priority from US. provisional
`patent applications Ser. Nos. 60/177,016, filed Jan. 19, 2000;
`60/178,979, filed Jan. 28, 2000; 60/179,882, filed Feb. 2,
`2000, 60/195,779, filed Apr. 10, 2000; 60/194,126, filed Apr.
`3, 2000; 60/209,921, filed Jun. 7, 2000; 60/200,428, filed
`Apr. 28, 2000; 60/201,902, filed May 4, 2000; 60/207,089,
`filed May 25, 2000; 60/207,051, filed May 25, 2000; 60/212,
`319, filed Jun. 16, 2000; 60/234,866, filed Sep. 22,2000;
`60/230,860, filed Sep. 7, 2000; 60/240,185, filed Oct. 13,
`2000; 60/243,621, filed Oct. 26, 2000 and 60/251,179, filed
`Dec. 5, 2000, all of which are incorporated herein in their
`entirety by reference. This application also claims priority
`from US. patent application Ser. Nos. 09/685,625, filed Oct.
`10, 2000; 09/630,398, filed Aug. 2, 2000; 09/669,125 filed
`Sep. 25, 2000; 09/684,440 filed Oct. 10, 2000; and 09/721,
`382 filed Nov. 22, 2000, are also incorporated herein in their
`entirety by reference.
`
`FIELD OF THE INVENTION
`
`The present invention relates generally to activity moni-
`tors and diet monitors and, more specifically, to a device that
`combines both diet and activity monitoring.
`
`BACKGROUND OF THE INVENTION
`
`Management of diet, health, and fitness has drawn
`increasing amounts of attention as their importance has been
`recognized, and as consumers around the world have
`struggled to balance busy lives with fitness and proper diet.
`Despite the recognized importance of good health,
`consumers, on average, are becoming increasingly obese.
`This has resulted in a strong demand for devices and
`methods that assist
`individuals in setting and reaching
`dietary and fitness goals. Currently available devices and
`methods fail to meet the needs of average consumers.
`There are serious problems with conventional weight loss
`programs. Weight change is related to the user’s net caloric
`balance, the difference between caloric intake and caloric
`expenditure. However, determination of caloric intake and
`caloric expenditure are both problematic.
`There are numerous difliculties in accurately determining
`caloric intake. In some diet programs printed or electronic
`lists are used that provide the nutrition content of a wide
`variety of food. The consumer keeps a diet log of all foods
`consumed each day in order to determine their total nutri-
`tional intake. These systems typically are laborious to use
`and only the most dedicated consumer will accurately use
`these approaches. For example, a consumer must take the
`time to accurately record the foods consumed each day.
`Obviously, recognition of foods consumed is most accurate
`if done at the time the foods are consumed. However, many
`individuals feel too rushed to record the foods consumed at
`
`the time and postpone recording for later in the day or week.
`Also, some consumers are embarrassed to be observed
`recording food intake during or following a meal. This also
`motivates the user to wait to record their consumption until
`later. Obviously, accuracy suffers the more time passes
`between consumption and recordation. An individual may
`entirely forget that they had a snack or two earlier in the day
`or week, leading to undercounting of consumption.
`Determining total energy expenditure is also diflicult. The
`total energy expenditure of a person comprises a resting
`metabolic component and a physical activity component.
`Total energy expenditure (TEE) is the sum of resting energy
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`expenditure (REE) and activity energy expenditure (AEE),
`i.e. TEE=AEE+REE. Weight
`loss occurs if total energy
`expenditure (TEE) exceeds total caloric intake over a given
`time period. As discussed by Remmereit in US. Pat. No.
`6,034,132, 70 percent of total energy expenditure for a
`typical person is due to their resting metabolic rate (RMR).
`In a conventional diet program, RMR is estimated from the
`height, weight, age, and gender of the person, for example
`using the Harris-Benedict equation. This equation, well
`known to those skilled in the nutritional arts, is given in US.
`Pat. No. 5,839,901 to Karkanen, and in US. Pat. No.
`5,639,471 to Chait et al. There are serious inadequacies in
`using the Harris-Benedict equation (or any similar equation)
`in a weight loss program. The Harris-Benedict equation
`provides only an estimated RMR, which is an average value
`for people of similar height, weight, age, and gender.
`However, due to natural variations in physiology, the equa-
`tion may not be accurate for a specific individual.
`Conventional weight loss programs use an estimated total
`energy expenditure (TEE) based on estimates of activity
`levels, and estimates of resting energy expenditure (REE)
`from the Harris-Benedict equation. However, unless the
`resting energy expenditure (REE) and the activity energy
`expenditure (AEE) are estimated accurately,
`the person’s
`caloric balance cannot be known accurately, and the out-
`come of a weight loss program is likely to be unsatisfactory.
`Some users attempt to track their activity energy expen-
`diture (AEE), either for weight
`loss or general
`fitness
`purposes. In the simplest approach the individual maintains
`an exercise log of activities conducted, such as distances
`walked or jogged. Various graphs and tables can then
`provide an estimate of the calories burned during these
`activities. As with recording consumption, an individual
`may fail
`to accurately record the type and duration of
`activity undertaken leading to inaccurate recordation. Also,
`an individual may not know how far or fast they ran or
`walked. Avariety of pedometers are available to assist with
`this task. Pedometers include some type of stride counter in
`order to count the number of strides or paces taken by the
`individual. The devices may be calibrated to allow them to
`determine the distance traveled with reasonable accuracy.
`Through the use of timers,
`they may also be able to
`determine the speed and duration of activity. Pedometers
`typically fail to take into consideration changes of elevation,
`changes in length of stride and changes in intensity. For
`example, a runner may combine slow walking with brisk
`running during an exercise session. By combining total
`number of strides and duration of activity, the pedometer
`may only determine average speed, not instantaneous speed.
`US. Pat. Nos. 6,002,982 and 6,148,262 to Fry; US. Pat.
`No. 6,013,007 to Root et al; US. Pat. Nos. 6,009,138 to
`Slusky; and US. Pat. Nos. 6,032,108 to Seiple et al each
`disclose improved activity monitors utilizing a global posi-
`tioning system (GPS). The devices track an individual’s
`position over time, using the GPS network. By periodically
`or instantaneously comparing position and time, such a
`device is capable of determining a performance profile with
`better accuracy than a typical pedometer.
`Devices are also available for monitoring and tracking
`heart rate. The most popular of these devices are sold by
`Polar Electro Oy of Finland. These heart rate monitors
`includes a wristwatch-style display unit and a chest strap
`with a heart rate sensor. The chest strap and display unit
`communicate wirelessly. The devices are capable of accu-
`rately monitoring heart rate, which correlates reasonably
`well with exercise intensity. Advanced devices include the
`ability to track heart rate over time so that a heart rate profile
`may be produced.
`
`IPR2017—00321
`
`CONDITIONAL MOTION TO AMEND
`
`0011
`
`VALENCELL, INC.
`EXHIBIT 2136 — PAGE 12
`
`0011
`
`IPR2017-00321
`CONDITIONAL MOTION TO AMEND
`
`VALENCELL, INC.
`EXHIBIT 2136 - PAGE 12
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`

`

`US 6,513,532 B2
`
`3
`Each of the above-discussed activity monitors fails to
`consider the dietary intake portion of total health manage-
`ment. Instead, they are directed merely to activity monitor-
`ing. In light of this, there remains a need for a device that
`combines activity monitoring and diet monitoring, that is
`easy to use and provides accurate results.
`SUMMARY OF THE INVENTION
`
`The present invention improves on the prior art by pro-
`viding a combination diet and activity monitoring device for
`monitoring both the consumption and activity of the subject.
`The effectiveness of weight management programs may be
`improved through a more accurate determination of caloric
`balance. Improved determination of caloric balance may be
`obtained by more accurate determinations of total energy
`expenditure, (the sum of resting energy expenditure and
`activity energy expenditure) and caloric intake. The present
`invention focuses on improving the determination of activity
`energy expenditure and caloric intake. Resting energy
`expenditure, the energy expended by an individual at rest,
`may be accurately determined using an indirect calorimeter,
`such as described in co-pending patent application Ser. No.
`09/630,398, incorporated herein by reference. As discussed
`in this application, resting energy expenditure is based on
`resting metabolic rate. Resting metabolic rate changes over
`time, especially when the subject changes their diet or
`exercise patterns. Therefore, it is preferable to periodically
`measure resting metabolic rate so that accurate determina-
`tions of resting energy expenditure are available during a
`weight management program.
`Determination of activity energy expenditure, which com-
`bined with resting energy expenditure provides total energy
`expenditure, may be obtained by monitoring a subject’s
`activity on a regular basis. The monitoring device according
`to the present invention includes a body activity monitor for
`monitoring the body activity of the subject. The body
`activity monitor is operable to output a signal indicative of
`the subject’s body activity. An activity calculator may also
`be provided, which receives the activity; indicative signal
`and determines a body activity level and/or energy expen-
`diture for the subject. The body activity monitor may be
`integral with the monitoring device, or may be part of an
`auxiliary device. For example,
`the monitoring device
`according to the present invention may take the form factor
`of a wristwatch-style device or a belt or clothing-mounted
`monitor. In a wristwatch-style device,
`the body activity
`monitor may comprise a heart rate monitor, monitoring the
`heart rate of the subject. The heart rate of the subject
`increases with activity and decreases when the subject is
`resting. By calibrating the activity monitor, the subject’s
`activity level and activity related energy expenditure may be
`determined. The activity monitor may be calibrated using an
`indirect calorimeter, as described in co-pending patent appli-
`cation Ser. No. 09/684,440, incorporated herein by refer-
`ence. The heart
`rate monitor may form part of the
`wristwatch-style monitoring device and sense heart rate in
`the subject’s wrist or other appendage. Alternatively, a
`separate heart rate sensor may be provided such as a chest
`strap, that communicates with the monitoring device, pref-
`erably using a wireless link. A belt or clothing mounted
`monitoring device may also include a heart rate monitor as
`the body activity monitoring portion.
`The body activity monitor which forms part of the moni-
`toring device according to the present invention may alter-
`natively comprise a motion sensor such as a mechanical
`pendulum or a single or multi axis accelerometer. An accel-
`erometer is preferred as it may provide information on body
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`movement as well as the direction and intensity of the
`movement. The motion sensor may form part of the wrist-
`watch or belt or clothing mounted monitoring device or may
`be part of a separate accessory that communicates with the
`monitoring device. For example, if the monitoring device
`according to the present invention takes the form of a belt or
`clothing mounted housing, the accelerometer may be dis-
`posed in the housing and sense motion of the housing.
`Because the housing is attached to the subject’s belt or
`clothing, motion of the housing correlates with movement of
`the subject. Once again, the body activity monitor may be
`calibrated to determine activity related energy expenditure
`using an indirect calorimeter.
`As another alternative,
`the body activity monitor may
`include multiple modes for recording of variety of activities,
`such as swimming, biking, and use of stationary exercise
`equipment. The body activity monitor may then be placed in
`the mode corresponding to an activity that
`the subject
`undertakes. The subject presses a start button and the body
`activity monitor will record the duration of the activity. The
`monitoring device may then determine an activity level
`based on the duration of the activity and the estimated
`intensity. The activity level may be adjusted by the user to
`increase the accuracy of the estimate. Alternatively, the body
`activity monitor portion of the monitoring device may
`communicate with the exercise equipment or system of
`equipment being used by the subject to allow transfer of
`accurate data related to exercise. As one simple alternative,
`the body activity monitor may allow the subject to create
`time-stamped exercise flags, corresponding to when exercise
`is undertaken. To create an exercise flag, the subject manipu-
`lates a control on the monitoring device at the time of the
`activity. Later, the time or the duration of the activity may be
`recalled and an actual activity level be entered for tracking
`purposes.
`It is preferred that the monitoring device according to the
`present invention forms part of the system including a local
`remote computing device to which data from the monitoring
`device may be downloaded for further manipulation. For
`example, at the end of the day, the subject may download
`data from the monitoring device to a home PC. The subject
`may then view the activity and consumption data and have
`it during the day. The subject may then be prompted to
`provide additional information about events such as exercise
`and food flags. This data may be used as part of a determi-
`nation of total caloric balance and as part of a weight loss
`program.
`The monitoring device according to the present invention
`also preferably includes a consumption notation control for
`use by the subject to indicate when the subject consumes
`food. This consumption notation control preferably provides
`a very simple means for the subject to note when consump-
`tion occurs and avoids the embarrassment and difliculty of
`recording the actual foods consumed during or immediately
`following consumption of the foods. In one embodiment of
`the present invention, the subject manipulate a control on the
`monitoring device each time they consume food, whether
`the food is a snack or a meal. The monitoring device records
`the time the control was manipulated and creates a “food
`flag”. Later, the subject may use the food flags to help them
`recall what
`they ate. Software on the local or remote
`computing device may assist in theses determinations by
`presenting options on what was consumed based on past
`behavior and software settings. Alternatively, food flags may
`also have a duration component. For example, a subject may
`manipulate the consumption notation control once at the
`beginning of the consumption event and again at the end of
`
`IPR2017—00321
`
`CONDITIONAL MOTION TO AMEND
`
`0012
`
`VALENCELL, INC.
`EXHIBIT 2136 — PAGE 13
`
`0012
`
`IPR2017-00321
`CONDITIONAL MOTION TO AMEND
`
`VALENCELL, INC.
`EXHIBIT 2136 - PAGE 13
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`

`

`US 6,513,532 B2
`
`5
`the consumption event. The duration of the event provides
`additional data for use in determining what foods were
`consumed. As another alternative, the consumption notation
`control may include and audio and/or video recording
`device, allowing the subject to make audio and/or video
`notations as to what was consumed. For example,
`the
`monitoring device may include a recording mechanism such
`as a digital recording means. In addition to or alternatively
`to the food flags,
`the subject may make a brief audio
`recording as to what was consumed. Alternatively, or addi-
`tionally the monitoring device may include a video record-
`ing system such as a miniaturized camera. The subject may
`then photograph what was consumed to allow an accurate
`determination of consumption at a later time. The use of
`audio or video recording allows additional functionality. For
`example,
`the local or remote computing device may be
`operable to provide voice recognition on downloaded audio
`files from the monitoring device. Then, the subject’s audi-
`tory notes may be transcribed into written text for later
`reference by the user. Alternatively, the software may deter-
`mine what foods were consumed based on the auditory
`notation. Similar functionality may be provided with video
`recordings such as digital pictures. The digital pictures may
`be transmitted to a remote site where an administrative
`
`person reviews the picture and records what was consumed
`and transmits this recording back to the subject. This may be
`provided on a subscription basis. Alternatively, software
`could be provided which performs an image analysis on the
`digital picture to assist in determining the foods consumed.
`As another alternative, the monitoring device according to
`the present invention may include a scanning device to allow
`it to scan and record bar codes and similar coded markings.
`This functionality may be incorporated into the digital
`camera or may be separate. Also, the scanner may form a
`separate unit from the remainder of the monitoring device
`and communicate with the monitoring device through a wire
`or wireless connection. The bar code scanning may be used
`to scan foods to be consumed as well as other information
`
`such as data concerning exercise.
`The monitoring device according to the present invention
`preferably also includes a timer that outputs a time indica-
`tive signal for use in time stamping food flags and exercise
`flags and for use in tracking activity during the day.
`The diet and activity monitoring device may communi-
`cate with local and remote computers using a wired or
`wireless connection, as well as through transfer of memory
`modules. The local or remote computers may allow addi-
`tional or easier access to advance functions, such as diet and
`activity tracking over longer periods of time.
`BRIEF DESCRIPTION OF THE DRAWINGS
`FIG. 1 is a view of a first embodiment of a diet and
`
`activity monitoring device and system schematically illus-
`trating communication between the device and local and
`remote computers;
`FIG. 2 is a schematic for a diet and activity monitoring
`device according to the present invention;
`FIG. 3A is a front elevational view of a second embodi-
`
`ment of a diet and activity monitoring device according to
`the present invention;
`FIG. 3B is a rear elevational view of the strap portion of
`the diet and activity monitoring device of FIG. 3A;
`FIG. 4 is a schematic of another embodiment of a moni-
`
`toring device according to the present invention;
`FIG. 5 is a sample screen view of a local or remote
`computing device showing one version of a display of diet-
`and activity-related data;
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`FIG. 6 is a schematic of yet another embodiment of a
`monitoring device according to the present invention;
`FIG. 7 is a view of a street level map illustrating a running
`route as tracked by the activity monitoring portion of one
`embodiment of the present invention;
`FIG. 8 is a view of a street level map illustrating a location
`indicator to assist a subject in locating where activity and/or
`consumption took place;
`FIG. 9 is a perspective view of an additional embodiment
`of a diet activity monitoring device according to the present
`invention mounted on the belt of a subject and illustrating
`wireless communication with a personal digital assistant;
`and
`FIG. 10 is a front elevational view of an additional
`
`embodiment of a monitoring device according to the present
`invention.
`
`DETAILED DESCRIPTION OF THE
`PREFERRED EMBODIMENTS
`
`FIG. 1 illustrates a wrist-mounted embodiment of a diet
`
`and activity monitoring device 10 according to the present
`invention. Communication with remote and local computing
`devices is also shown schematically. The monitoring device
`10 includes a case or housing 12 which connects to the wrist
`of a subject using a wristband 14. A display 16 is arranged
`on the front of the case 12 so that it can be periodically
`viewed by the subject. At least one control, such as button
`18, is provided for controlling functions of the monitor