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`
`Joint Claim Construction Chart Of Agreed And Disputed Terms
`
`Disputed
`Term
`
`[1] data
`acquisition
`unit
`
`Claim Language
`
`1. An exercise monitoring
`system, comprising:
`(a) a [1] data acquisition unit
`comprising an [2] electronic
`positioning device and a [3]
`physiological monitor, said
`data acquisition unit configured
`to be worn by a subject
`performing a physical activity;
`and
`
`Paragon’s Proposed Construction
`
`Timex’s Proposed Construction
`
`[1] The terminology “data acquisition unit”
`means an assemblage of inter-related
`components that unify the function of
`acquiring data from an electronic positioning
`device and a physiological monitor. (col. 3,
`lines 16-18 and lines 20-22; col. 7, lines 55-61;
`col. 8, lines 6-8 and lines 37-40; col. 17, lines
`18-19; Figs. 4, 6, 8, and 15.)
`
`[1] “data acquisition unit” means one structure
`that includes the electronic positioning device and
`the physiological monitor.
`
`(Specification, Col. 8, Line 66 to Col. 9, Line 6;
`Figure 5; and the Prosecution History, including
`the: (1) Feb. 12, 2003 Office Action, and (2) July
`14, 2003 Response).
`
`[2] electronic
`positioning
`device
`
`[2] The parties agree that “electronic
`positioning device” means a device for using
`electromagnetic signals to provide data
`indicative of one or more of a subject’s
`location, altitude, velocity, pace and/or
`distance traveled.
`
`[2] The parties agree that “electronic positioning
`device” means a device for using electromagnetic
`signals to provide data indicative of one or more
`of a subject’s location, altitude, velocity, pace
`and/or distance traveled.
`
`[3]
`physiological
`monitor
`
`[3] The parties agree that “physiological
`monitor” means a device for detecting a
`physiological condition, function or parameter.
`
`[3] The parties agree that “physiological
`monitor” means a device for detecting a
`physiological condition, function or
`parameter
`
`[4] subject
`
`[4] The parties agree that “subject” means
`
`[4] The parties agree that “subject” means a
`
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`Joint Claim Construction Chart Of Agreed And Disputed Terms
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`
`(b) [5] a display unit
`configured [6] for [7]
`displaying real-time data
`provided by said electronic
`positioning device and said
`physiological monitor, said
`display unit separate from said
`data acquisition unit;
`
`person or animal.
`
`
`
`[5] The terminology “ a display unit” means an
`assemblage of inter-related components that
`unify the function of displaying data from the
`electronic positioning device and the
`physiological monitor. (col. 7, lines 61-62;
`col. 8, lines 4-5.)
`
`
`
`
`
`[6] The terminology “ for” denotes a function
`for which the display unit is configured. (col.
`6, line 55; col. 7, line 66 to col. 8, line 5; col.
`22, lines 26-67; col. 10, lines 55-61.)
`
`
`
`
`
`
`[7] The terminology “ displaying real-time
`data” means displaying data substantially
`immediately without contextually meaningful
`delay so that the information is displayed in
`substantially in a time frame experienced by
`people. (col. 6, lines 40-42; Microsoft,
`
`
`[5] a display
`unit
`
`
`
`
`
`
`
`
`
`[6] for
`
`
`
`
`
`
`
`
`
`[7] displaying
`real-time
`data
`
`
`
`
`person or animal.
`
`
`[5] “ display unit” means a unit for displaying real-
`time data provided by the data acquisition unit.
`
`(Specification, Col. 21, Lines 13-18; and Claims,
`Col. 27, Line 64 to Col. 28, Line 17; Col. 30,
`Lines 11-28)
`
`
`
`
`
`[6] “ for” means the sole function for which the
`display unit is configured.
`
`(Abstract, Specification, Col. 6, Lines 40-42; Col.
`6, Lines 49-55; Col. 7, Lines 35-39; Col. 7, Lines
`46-48; Col. 10, Lines 14-20; Col. 11, Lines 31-38;
`Col. 13, Lines 4-9 and 16-19; Col. 14; Lines 46-
`48; Col. 21, Line 11 to Col. 23, Line 27).
`
`
`[7] “ displaying real-time data” means displaying
`the measured parameter at the given moment in
`time that the measurement of the parameter
`occurs.
`
`(Specification, Col. 1, Lines 16-30; Col. 6, Lines
`
`
`
`
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`Joint Claim Construction Chart Of Agreed And Disputed Terms
`
`
`
`
`
`
`
`
`
`[8] separate
`from said
`data
`acquisition
`unit
`
`Microsoft Computer Dictionary 375 (4th ed.
`1999).)
`
`
`
`
`
`
`[8] The terminology “ separate from the data
`acquisition unit” means the display unit is
`physically distinct from the data acquisition
`unit. (col. 28, lines 5-6.)
`
`
`
`[9] or
`
`
`
`
`
`
`
`
`[10] attached
`to an
`apparatus
`associated
`with the
`physical
`activity being
`
`The terminology “ or” indicates possible
`alternative configurations for the display unit.
`(col. 28, lines 8-9.)
`
`
`
`
`
`
`[10] The terminology “ attached to an apparatus
`associated with the physical activity being
`performed by the subject so as to be visible to
`the subject while performing the physical
`activity” means attached to equipment used
`with the physical activity at a location where
`the person performing the activity can see the
`
`40-42; Col. 13, Lines 4-9 and 11-33; Col. 23,
`Lines 40-53; and Prosecution History, including
`the: (1) Feb. 12, 2003 Office Action, and (2) July
`14, 2003 Response).
`
`
`
`
`[8] Timex believes that only “ separate” needs to
`be construed. “ Separate” means contained in a
`physically distinct structure.
`
`(Specification, Col. 8, Lines 49-58; Fig. 3; and
`Prosecution History, including the: (1) Feb. 12,
`2003 Office Action (2) July 14, 2003 Response).
`“ or” means possible alternative configurations.
`Timex believes that the phrase “ for the display
`unit is not necessary as it is a repeat of the plain
`language of the claims.
`
`(The American Heritage Dictionary)
`
`
`[10] Timex believes that this phrase does not
`require construction as its meaning is clear and
`unambiguous on its face.
`
`
`wherein said display unit is
`configured to be worn by the
`subject, worn by someone other
`than the subject, [9] or
`attached to an apparatus
`associated with the physical
`activity being performed by the
`subject so as to be visible to the
`subject while performing the
`physical activity, and
`
`
`
`
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`Joint Claim Construction Chart Of Agreed And Disputed Terms
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`performed by
`the subject so
`as to be
`visible to the
`subject while
`performing
`the physical
`activity
`
`[11] at least
`one of and
`and
`
`
`[12] velocity
`
`display unit.
`
`[11] The parties agree that “ at least one of”
`and “ and” means one or more of the listed
`terms.
`
`
`[12] The parties agree “ velocity” means rate
`of change of position, which is generally
`equivalent to speed.
`
`Disputed Term
`[13] determine
`at least one of
`and and
`
`
`
`
`[14] velocity
`
`Paragon’ s Proposed Construction
`[13] The terminology “ determine at least one
`of” and “ and” means to determine any one or
`more of the listed items. (col. 28, lines 20-
`22.)
`
`
`
`[14] The parties agree “ velocity” means rate
`of change of position, which is generally
`equivalent to speed.
`
`{W1543645}4
`
`further wherein said system is
`configured such that said
`display unit displays real-time
`data comprising at least one of
`a subject's location, altitude,
`velocity, pace, and distance
`traveled.
`
`Claim Language
`2. The exercise monitoring
`system of claim 1, wherein
`said electronic positioning
`device is configured to receive
`electromagnetic signals from
`three or more sources so that
`said monitoring system can
`determine at least one of a
`subject's location, altitude,
`velocity, pace, and distance
`traveled.
`
`
`
`
`
`[11] The parties agree that “ at least one of” and
`“ and” means one or more of the listed items.
`
`
`
`[12] The parties agree “ velocity” means rate of
`change of position, which is generally equivalent
`to speed.
`
`Timex’ s Proposed Construction
`[13] Timex believes that “ determine” does not
`need to be included in the construction. Timex’ s
`proposed construction of “ at least one of” and
`“ and” is the same as above: one or more of the
`listed items.
`
`
`[14] The parties agree “ velocity” means rate of
`change of position, which is generally equivalent
`to speed..
`
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`Joint Claim Construction Chart Of Agreed And Disputed Terms
`
`
`Claim Language
`6. The system of claim 1,
`wherein said electronic
`positioning device comprises a
`GPS device, and further
`wherein said data acquisition
`unit further comprises a [15]
`support member, and said GPS
`device and said physiological
`monitor are provided on said
`support member.
`
`Claim Language
`7. The system of claim 6,
`wherein said GPS device and
`said physiological monitor are
`[16] removably secured to said
`support member.
`
`
`
`Claim Language
`12. The system of claim 1,
`wherein said physiological
`monitor includes a [17] probe
`configured for acquiring
`physiological data from a user.
`
`Disputed Term
`[15] support
`member
`
`Paragon’ s Proposed Construction
`[15] The terminology “ support member”
`means any structure that supports against the
`influence of gravity or other external force.
`(col. 17, lines 35-56; col. 20, lines 23-28 and
`lines 39-44; Fig. 15.)
`
`Disputed Term
`[16] removably
`secured
`
`Paragon’ s Proposed Construction
`[16] The terminology “ removably secured”
`means the GPS device and the physiological
`monitor are modular components that can
`secured to the support member in a manner
`that facilitates removal and reattachment.
`(col. 18, lines 9-14; col. 28, lines 35-37; col.
`30, lines 33-34.)
`
`Disputed Term
`[17] probe
`
`Paragon’ s Proposed Construction
`[17] The terminology “ probe” means a device
`used to obtain physiological information.
`(col. 3, lines 38-39; col. 8, lines 21-22; col.
`12, lines 46-48.)
`
`Timex’ s Proposed Construction
`[15] “ support member” means an
`elongate member which attaches to a
`subject’ s body independent of the data
`acquisition unit.
`
`(Specification, Col. 17, Lines 29-46; Col.
`20, Lines 23-28; Figures 4, 6 and 15 and
`Claims, Col. 28, Lines 30-37; Col. 30,
`Lines 31-34).
`
`Timex’ s Proposed Construction
`[16] “ removably secured” means attached
`in a way that provides for removal and
`reattachment.
`
`(Specification, Col. 18, Lines 11-13)
`
`Timex’ s Proposed Construction
`[17] “ probe” means a sensor configured
`for acquiring physiological data from a
`user.
`
`(Specification, Col. 3, Lines 37-39; Col. 8,
`Lines 21-24)
`
`
`
`
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`Joint Claim Construction Chart Of Agreed And Disputed Terms
`
`
`
`Claim Language
`15. The system of claim 1,
`wherein said system further
`comprises an alarm which is
`activated when data provided
`by [18] at least one of said
`electronic positioning device
`and said physiological monitor
`does not meet a predetermined
`target.
`
`
`
`Claim Language
`18. The exercise monitoring
`system of claim 1, wherein
`said system is configured such
`that the display unit [19]
`simultaneously displays: at
`least one of a subject's
`velocity, pace and distance
`traveled; and physiological
`data provided by said
`physiological monitor.
`
`
`Claim Language
`24. The exercise monitoring
`system of claim 1, wherein
`
`Disputed Term
`[18] “at least
`one of” and
`“and”
`
`Paragon’ s Proposed Construction
`[18] The parties agree “ at least one of” and
`“ and” means one or more of the listed items.
`
`Timex’ s Proposed Construction
`[18] The parties agree “ at least one of”
`and “ and” means one or more of the
`listed items.
`
`Disputed Term
`[19]
`simultaneously
`displays
`
`Paragon’ s Proposed Construction
`[19] The terminology “ simultaneously
`displays” means that visual information about
`both the physiological data and the
`performance data (that is, data about either
`the velocity, the pace or the distance traveled)
`appears on the display unit at the same time.
`
`Timex’ s Proposed Construction
`[19] “ simultaneously displays” means
`displaying real-time physiological data at
`the same time as displaying the subject’ s
`real-time velocity, real-time pace, or real-
`time distance traveled.
`
`(Specification, Col. 1, Lines 29-31; Col.
`13, Lines 16-33).
`
`Disputed Term
`[20] computing
`a subject's
`
`Paragon’ s Proposed Construction
`[20] The terminology “ computing a subject's
`workload based on the subject's velocity and
`
`Timex’ s Proposed Construction
`[20] “ computing a subject's workload
`based on the subject's velocity and
`
`
`
`
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`said system is configured for
`[20] computing a subject's
`workload based on the
`subject's velocity and altitude
`changes, and displaying the
`computed workload.
`
`workload
`based on the
`subject's
`velocity and
`altitude
`changes
`
`altitude changes” means using a subject’ s
`velocity and altitude changes to calculate the
`amount of energy expended by an activity.
`(col. 29, lines 29-32.)
`
`altitude changes” means computing the
`amount of energy expended by a subject
`using the subject’ s velocity and altitude
`changes.
`
`(Specification, Col. 25, Lines 54-56; and
`The American Heritage Dictionary).
`
`
`
`
`
`Claim Language
`29. An exercise monitoring
`system, comprising:
`(a) an electronic positioning
`device configured to receive
`electromagnetic signals from
`three or more sources so that
`said monitoring system can
`determine at least one of a
`subject's [23] velocity or pace,
`wherein said electronic
`positioning device is provided
`as part of a data acquisition
`unit;
`
`Disputed Term
`
`
`Paragon’ s Proposed Construction
`
`
`Timex’ s Proposed Construction
`
`
`[21] velocity
`
`
`
`
`[22] data
`acquisition
`unit
`
`[21] The parties agree “ velocity” means rate
`of change of position, which is generally
`speed.
`
`
`[22] The terminology “ data acquisition unit”
`means an assemblage of inter-related
`components that unify the function of
`acquiring data from an electronic positioning
`device. (col. 3, lines 16-18 and lines 20-22;
`col. 7, lines 55-61; col. 8, lines 6-8 and lines
`37-40; col. 17, lines 18-19; Figs. 4, 6, 8, and
`15.)
`
`[21] The parties agree that “ velocity
`means rate of change of position which
`is generally equivalent to speed.
`
`
`[22] “ data acquisition unit” means one
`structure that includes the electronic
`positioning device and the physiological
`monitor.
`
`(Specification, Col. 8, Line 66 to Col. 9,
`Line 6; Figure 5; and the Prosecution
`History, including the: (1) Feb. 12, 2003
`Office Action, and (2) July 14, 2003
`Response).
`
`
`
`
`
`
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`(b) a physiological monitor;
`(c) [25] a display unit
`configured to be worn by a
`user and for [26]
`simultaneously displaying
`real-time data provided by said
`electronic positioning device
`and said physiological
`monitor, wherein said display
`unit is [27] separate from said
`electronic positioning device;
`and
`
`
`[23] a display
`unit
`
`
`
`
`
`
`
`
`
`[24]
`simultaneously
`displaying
`
`
`
`
`
`
`
`[25] separate
`from said
`electronic
`positioning
`device
`
`
`[23] The terminology “ a display unit” means
`an assemblage of components that unify the
`function of displaying data from the
`electronic positioning device and the
`physiological monitor. (col. 7, lines 61-62;
`col. 8, lines 4-5.)
`
`
`
`
`
`[24] The terminology “ simultaneously
`displaying” means that visual information
`about both the physiological data and the
`performance data (that is, data about either
`the velocity, the pace or the distance traveled)
`appears on the display unit at the same time.
`
`
`
`
`[25] The terminology “ separate from said
`electronic positioning device” means the
`display unit is physically distinct from the
`electronic positioning device. (col. 28, lines
`5-6.)
`
`
`
`
`
`
`[23] “ display unit” means a unit for
`displaying real-time data provided by the
`data acquisition unit.
`
`(Specification, Col. 21, Lines 13-18; Col.
`27, Line 64 to Col. 28, Line 17; Col. 30,
`Lines 11-28).
`
`
`
`
`[24] ] “ simultaneously displaying” means
`displaying real-time data provided by the
`electronic positioning device at the same
`time as displaying real-time data
`provided by the physiological monitor.
`
`(Specification, Col. 1, Lines 29-31; Col.
`13, Lines 16-33).
`
`
`[25] Timex believes that only “ separate”
`needs to be construed.
`“ separate” means contained in a
`physically distinct structure.
`
`(Specification, Col. 8, Lines 49-58; Fig.
`3; and Prosecution History, including the:
`(1) Feb. 12, 2003 Office Action, and (2)
`July 14, 2003 Response).
`
`
`
`
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`(d) an alarm, wherein said
`alarm is activated when a
`subject's velocity or pace does
`not meet a predetermined
`target.
`
`
`
`
`Claim Language
`31. The exercise monitoring
`system of claim 30, wherein
`said data acquisition unit
`further comprises a support
`member, and said GPS device
`is removably secured to said
`support member.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Disputed Term
`[26] support
`member
`
`
`
`
`
`
`
`
`
`[27] removably
`secured
`
`Paragon’ s Proposed Construction
`[26] The terminology “ support member”
`means any structure that supports against the
`influence of gravity or other external force.
`(col. 17, lines 35-56; col. 20, lines 23-28 and
`lines 39-44; Fig. 15.)
`
`
`
`
`
`
`[27] The terminology “ removably secured”
`means the GPS device and the physiological
`monitor are modular components that can be
`secured to the support member in a manner
`that facilitates removal and reattachment.
`(col. 18, lines 9-14; col. 28, lines 35-37; col.
`30, lines 33-34.)
`
`Timex’ s Proposed Construction
`[26] “ support member” means an
`elongate member which attaches to a
`subject’ s body independent of the data
`acquisition unit.
`
`(Specification, Col. 17, Lines 29-46;
`Col. 20, Lines 23-28; Figures 4, 6 and 15
`and Claims, Col. 28, Lines 30-37; Col.
`30, Lines 31-34).
`
`
`[27] “ removably secured” means attached
`in a way that provides for removal and
`reattachment
`
`(Specification, Col. 18, Lines 11-13)
`
`
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