(12) United States Patent
`(10) Patent N0.:
`US 6,513,532 B2
`Mault et al.
`(45) Date of Patent:
`Feb. 4, 2003
`
`U5006513532B2
`
`...................................... .. 128/921; 600/595
`(52) U.S. Cl.
`(58) Field of Search ............................... .. 600/595, 587,
`600/300, 301; 128/920—921
`
`(56)
`
`References Cited
`
`(54)
`
`(75>
`
`DIET AND ACTIVITY-MONITORING
`DEVICE
`
`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); Andrzej
`Skoskiewicz, Menlo Park; Neil
`Grimmer, San Francisco, both of CA
`(us)
`
`Assignee: Healthetech, Inc., Golden, CO (US)
`
`Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(6) by 0 days.
`
`Appl. N0.: 09/745,373
`
`Filed:
`
`Dec. 23, 2000
`Prior Publication Data
`
`US 2001/0049470 A1 Dec. 6, 2001
`
`U.S. Patent No. 8,923,94
`
`Related U.S. 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. (JO/178,979, filed
`on Jan. 28, 2000, and provisional application No. 60/177,
`016, filed on Jan. 19, 2000.
`
`U.S. PATENT DOCUMENTS
`Fletcher et al.
`..
`340/189 M
`Tutt et al.
`235/92 T
`235/92 M'l'
`Brejnik et al.
`McPartland et al.
`. 128/2 S
`235/92 MT
`Brejnik et al.
`Lipsey .................. .. 364/415
`Segar et al.
`.............. .. 364/900
`Sessier
`Sidorenko et al.
`Ratcliff ......... ..
`Krames et al.
`Colburn et al.
`Segar et al.
`
`3,972,038
`4,100.401
`4,101,071
`4,117,834
`4,159,416
`4,192,000
`4,212.079
`4,221,959
`4,224,952
`4,244,020
`4,321,674
`4,353.375
`4,380,802
`4,387,777
`
`>>>>>>>>>>>>>>
`
`7/1976
`7/1978
`7/1978
`10/1978
`6/1979
`3/1980
`7/1980
`9/1980
`9/1980
`1/1981
`3/1982
`10/1982
`4/1983
`6/1983
`
`128/782
`.. 364/413
`.. 364/413
`.. 128/782
`.. 364/900
`. 177/43
`
`(List continued on next page.)
`
`Primary Examiner—Kevin Shaver
`Assistant Exmniner—Naviu Natnithithadha
`(74) Atmrney, Agent, or 1"irm—Giiford, Krass, Groh,
`Sprinkle, Anderson & Citkowsld, 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. A11 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
`ACTIVITY
`MONUOR
`32
`
`
`
`
`
`TIMER
`34
`
`
`
`MODE
`CONTROL
`3B
`
`
`
`MEMORY
`
`42
`
`
`
`
`
`
`
`CONSUMPTION
`NOTATION
`CONTROL
`313
`
`
`
`COMMUNICATlON
`TRANSCEIVER
`4“
`
`
`
`DISPLAY
`4o
`
`
`
`APLlOS
`
`Apple Inc.
`APL1057
`U.S. Patent No. 8,923,941
`
`0001
`
`FITBIT, Ex. 1057
`
`

`

`US 6,513,532 B2
`
`Page 2
`
`U.S. PATENT DOCUMENTS
`
`.
`.
`
`
`
`4 ,566,461
`4 ,571,682
`4 ,575,804
`a ,629,015
`4 ,650,218
`a ,686,624
`4 ,796,182
`4 803,625
`a ,807,169
`4 ,823,808
`a ,853,854
`4 ,855,942
`4 855,945
`4 ,891,756
`4 894,793
`a ,911,256
`4 ,924,389
`4 ,951,197
`a ,954,954
`4 ,966,155
`5,012,411
`5,033,561
`5,173,588
`5,233,520
`5,263,491
`5,307,263
`5,387,164
`5,388,043
`5,398,688
`5,412,560
`5,412,564
`5,454,721
`5,478,989
`5,485,402
`5,542,420
`5,640,774
`5,673,691
`5,678,562
`5,691,927
`5,704,350
`5,722,418
`
`>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
`
`986
`1/
`986
`2/
`986
`3/
`' 986
`' 987
`‘ 987
`' 989
`' 989
`' 989
`' 989
`‘ 989
`' 989
`' 989
`' 990
`' 990
`‘ 990
`' 990
`" 990
`' 990
`' 990
`‘ 991
`' 991
`" 992
`' 993
`' 993
`‘ 994
`' 995
`" 995
`' 995
`' 995
`‘ 995
`' 995
`" 995
`' 996
`' 996
`‘ 997
`' 997
`" 997
`' 997
`' 998
`‘ 998
`
`
`
`Lubcll ct al.
`128/668
`.
`Silverman el al.
`364/413
`Ratcliff ............... ..
`364/715
`Fried et al.
`......... ..
`177/25
`Hawke
`. 283/67
`364/415
`......... ..
`Blum et al.
`Dubofl
`................ .. 364/41329
`Fu et al.
`. 364/1 13.03
`Overbeek .
`. 364/715.01
`Clegg et al.
`.... .. 128/773
`Behar et al.
`. 364/4 13.01
`Bianco ..
`364/561
`Sakai
`364/709.02
`Williams, III ........ .. 364/4 13.29
`Ikemoto et al.
`...... .. 364/709.03
`Attikiouzel
`177/2516
`GerbauleL eL al.
`364/4 13.29
`Mellinger
`.............. .. 364/4132
`Madsen et al.
`.
`. 364/4 13.29
`Jackson .................... .. 128/671
`l’olicastro et al.
`364/4 13.04
`Hettinger
`177/2516
`Hurrah
`235/114
`.
`Kretsch et al.
`. 364/4 13.29
`Thornton .................. .. 128/774
`13.09
`482/9
`13.29
`128/66002
`
`Brown, Jr.
`Hettinger ............. ..
`Laniado ............... ..
`Dennison
`beer ......................... .. 364/413
`Kuch
`434/127
`Shepley
`235/375
`.
`Smith et al.
`364/566
`Goldman et al.
`128/630
`Goldman ...... ..
`. 33/15 D
`Abrams el al.
`.
`128/630
`128/710
`Gnnrp ................. .. 364/709.01
`Williams. III ....... ..
`128/630
`Bro .................... ..
`128/732
`
`
`
`3/1998
`8/1998
`10/1998
`10/1998
`10/1998
`1 1/1998
`1 1/1998
`1 1/1998
`12/1998
`3/1999
`3/1 999
`5/1999
`6/1999
`6/1999
`7/1999
`9/1 999
`9/1999
`1 1/1999
`1 1/1999
`1 1/1999
`12/1999
`1/2000
`1/20 '
`'
`2/200
`2/200
`2/20
`2/200
`3/20 '
`3/200
`3/200
`3/20
`4/200
`6/20 '
`7/200
`8/200
`8/20
`8/200
`10/20 ' 0
`10/2000
`10/2000
`
`OOOOGOOOOGOOOOC
`
`
`
`>x<
`
`5,729,479
`5,788,655
`5,819,735
`5,827,179
`5,828,943
`5,832,448
`5,836,312
`5,841,115
`5,845,263
`5,876,351
`5,890,128
`5,899,855
`5,908,301
`5,913,310
`5,918,603
`5,951,300
`5,954,510
`5,987,493
`5,989,188
`5,989,200
`5,997,476
`6,013,007
`6,014,578
`6,024,281
`6,024,699
`6,030,342
`6,032,119
`6,032,676
`6,039,688
`6,040,531
`6,042,383
`6,045,513
`6,077,193
`6,083,006
`6,095,949
`6,095,985
`6,101,478
`6,135,950
`6,135,951
`6,139,494
`
`>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>39>>>>
`
`* cited by examiner
`
`Moore ......... ..
`Shepley
`Canlaisa et al.
`Rohde ...... ..
`Diaz et al.
`Brown .
`Lutz
`
`..
`
`Richardson et al.
`
`...... ..
`
`Golan
`................. .. 364/709.02
`Yoshimura et al.
`..
`. 600/587
`Mansfield et al.
`. 128/630
`Lichter et al.
`. 600/300
`Brown
`434/258
`705/2
`.. 128/897
`235/375
`705/27
`600/523
`. 705/2
`.. 600/301
`.. 434/236
`.. 128/897
`.. 128/897
`_. 434/236
`434/236
`Merrill et a1.
`............ .. 709/105
`Rangan ct al.
`Birkhoelzer et al.
`.
`(300/300
`Yoshimura et al.
`. 600/587
`.. 600/300
`Root et al.
`. 428/8
`Minoz ..
`.. 600/350
`.. 235/375
`Shepley
`600/300
`Surwit et al.
`............ .. 600/301
`Amano et al.
`705/2
`Brown et al.
`1281898
`Moorc ............ ..
`(300/300
`Douglas et al.
`........... ..
`MilleriKovach et al.
`177/2516
`llerron ..................... .. 434/238
`Stone et al.
`.............. .. 600/508
`Buhlcr ct al.
`. 482/8
`Coffnlan .,
`434/127
`Arai
`......... ..
`.. 482/4
`. 600/513
`Raymond et al.
`Brown .
`.. 705/2
`600/300
`(300/300
`
`Cairnes .................... .. 600/300
`
`0002
`
`FITBIT, Ex. 1057
`
`

`

`Feb. 4, 2003
`
`Sheet 1 0f 8
`
`Remote Server
`
`US. Patent
`
`US 6,513,532 B2
`
`Computer
`
`0003
`
`FITBIT, Ex. 1057
`
`

`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 2 0f 8
`
`US 6,513,532 B2
`
`BODY
`ACTIVITY
`MONITOR
`
`32
`
`MODE
`CONTROL
`38
`
`4O
`
`CONSUMPTION
`NOTATION
`CONTROL
`36
`
`MEMORY
`
`42
`
`DISPLAY
`
`COMMUNICATION
`TRANSCEIVER
`
`44
`
`0004
`
`FITBIT, Ex. 1057
`
`

`

`Feb. 4, 2003
`
`Sheet 3 0f 8
`
`US. Patent
`
`US 6,513,532 B2
`
`0005
`
`FITBIT, Ex. 1057
`
`

`

`US. Patent
`
`Feb. 4, 2003
`
`Sheet 4 0f 8
`
`US 6,513,532 B2
`
`GPS 82
`ANTENNA
`
`Exercise
`
`Equipment
`Monitoring
`Device 108
`
`.
`.
`Respiration
`
`105
`
`Heart Rate
`Sensor109
`
`GPS-BASED
`BODY
`ACTIVITY
`
`I__T'
`I
`.__r_
`I
`
`DISPLAY
`
`CONSUMPTION
`NOTATION
`CONTROL
`(Button)
`
`“4
`110
`Manual Input
`
`106
`
`MODE
`CONTROL
`
`|
`I
`
`'
`I
`
`CACULATOR
`
`CONSUMPTION
`CALCULATOR
`96
`
`CPU
`
`AudioNideo
`95
`Input
`
`92
`
`MEMORY
`
`94
`
`COMMUNICATION
`TRANSCEIVER
`
`98
`
`112
`
`0006
`
`FITBIT, Ex. 1057
`
`

`

`US. Patent
`
`Feb. 4, 2003
`
`8f05teehS
`
`US 6,513,532 132
`
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`FITBIT, Ex. 1057
`
`

`

`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
`
`TRANSCEIVER
`
`CONSUMPTION
`NOTATION
`CONTROL
`(Button)
`
`POSITION 122
`ACTIVITY
`DISCRIMINATOR
`
`124
`
`BODY
`ACTIVITY
`MONITOR
`
`Heart Rate
`Sensor
`138
`
`M0
`
`COMMUNICATION
`
`0008
`
`FITBIT, Ex. 1057
`
`

`

`US 6,513,532 132
`
`FIG-8
`
`9
`
`Woodlawn Ave
`
`\
`
`Granger Ave
`
`Sycamore Pl
`
`B ooklan Ave
`
`"
`
`US. Patent
`
`Feb. 4, 2003
`
`Sheet 7 0f 8
`
`gE:
`
`r9
`
`.m5CL
`
`0009
`
`FITBIT, Ex. 1057
`
`

`

`Feb. 4, 2003
`
`Sheet 8 0f 8
`
`US. Patent
`
`US 6,513,532 B2
`
`FIG-9
`
`0010
`
`FITBIT, Ex. 1057
`
`

`

`US 6,513,532 B2
`
`1
`DIET AND ACTIV IT Y-MON ITORING
`DEVICE
`
`This application claims priority from U.S. 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; (10/234,866, 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
`
`may be produced.
`
`2
`expenditure (REE) and activity energy expenditure (AEE),
`i.e. TEE=AEE+REE. Weight
`loss occurs if total energy
`expenditure
`exceeds total caloric intake over a given
`time period. As discussed by Remmereit in U.S. 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 U.S.
`Pat. No. 5,839,901 to Karkanen, and in U.S. 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. A variety 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.
`U.S. Pat. Nos. 6,002,982 and 6,148,262 to Fry; U.S. Pat.
`No. 6,013,007 to Root et al; U.S. Pat. Nos. 6,009,138 to
`Slusky; and U.S. 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
`
`>
`
`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 di erence between caloric intake and caloric
`expenditure. However, determination of caloric intake and
`caloric expenditure are both problematic.
`There are numerous difficulties 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 difficult. The
`total energy expenditure of a person comprises a resting
`metabolic component and a physical activity component.
`Total energy expenditure
`is the sum of resting energy
`
`
`
`
`>
`
`0011
`
`FITBIT, Ex. 1057
`
`

`

`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
`
`beginning of the consumption event and again at the end of
`
`4
`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 difficulty 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
`
`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 e ectiveness 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
`expenciture, (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
`expenciture, the energy expended by an individual at rest, H
`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
`ime, especially when the subject changes their diet or
`exercise patterns. Therefore, it is preferable to periodically
`measure resting metabolic rate so that accurate determina-
`ions of resting energy expenditure are available during a
`weight management program.
`Determination of activity energy expenditure, which com-
`3ined 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
`o 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
`he subject’s body activity. An activity calculator may also
`3e 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 H
`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
`
`
`
`
`
`0012
`
`FITBIT, Ex. 1057
`
`

`

`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 dcter-
`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
`
`5
`
`0
`
`65
`
`device 10 allows the subject to conveniently carry the device
`
`person reviews the picture and records what was consumed q
`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 H
`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;
`
`US 6,513,532 B2
`
`6
`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 monitoring
`device 10. Additional controls, such as button 20, may also
`be provided. The monitoring device 12 is designed to be
`worn or carried by the subject during their daily activity to
`allow convenient and continuous monitoring of their daily
`activities and dietary consumption. The monitoring device
`10 preferably includes the capability to communicate with
`local and remote computers using any of a variety of wired
`and wireless approaches. For example,
`the monitoring
`device 10 may communicate with local computer 22 by
`interconnecting a wire between the computer 22 and the
`device 10, or by “docking” the monitoring device 10 into a
`communications dock associated with computer 22. The
`monitoring device 10 may communicate with a personal
`digital assistant (PDA) 24 by docking therewith, or by
`wireless communication, such as infrared communication or
`with a wired connection.
`
`For purposes of this disclosure, local computer 22 and
`PDA 24 are defined to include all computing devices,
`whether portable or stationary. This definition includes, but
`is not limited to, electronic books,
`laptop and handheld
`computers, cellular phones, pagers, desktop computers, and
`wearable computers. Communication may be provided
`between the monitoring device 10 and the PDA 24, with the
`PDA 24 later communicating with the local computer 22, or
`vice versa. The monitoring device 10 may also interconnect
`with remote server 26. For example, the monitoring device
`10 may communicate with a web page running on a remote
`server via the Internet. The monitoring device 10 may
`include cellular or other wireless or wired communication
`capability so as to interconnect with the Internet either
`continuously or periodically. Communication with a remote
`server 26 may be via the local computer 22 or PDA 24. The
`monitoring device 10 may also include some type of
`memory chip or memory module that may be removed from
`the monitoring device 10 and inserted into the local com—
`puter 22 or the PDA 24 for transfer of data.
`The compact size and wearability of the monitoring
`
`0013
`
`FITBIT, Ex. 1057
`
`

`

`US 6,513,532 B2
`
`8
`determine the body activity level for the subject. The CPU
`also serves as a consumption calculator by communicating
`with the consumption notation control and the timer to
`determine and store the times of the notation control as
`operated. The CPU 30 provides the data to display 40 for
`viewing by the subject. The memory 42 is interconnected
`with the CPU 30 and allows storage of data. Some form of
`communication is provided for the device, such as commu-
`nication transceiver 44. This may be a wired or wireless
`transceiver.
`
`patent application Ser. No. 09/684,440, incorporated herein
`
`Referring now to FIGS. 3A and SE, a second embodiment
`of a wrist-mountable diet and activity monitoring device
`according to the present invention is generally shown at 50.
`The device 50 includes a case 52 with a strap 54 for
`interconnecting th