Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 1 of 18 Page ID #:1468
`Case 2:19-cv-06301—AB-KS Document 76-14 Filed 06/26/20 Page 1 of 18 Page ID #: 1468
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`EXHIBIT N
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`EXHIBIT N
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 2 of 18 Page ID #:1469
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 2 of 18 Page ID #:1469
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`Attorney Docket No.1 003603 US]
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`IN THE UNITED STATES PATENT AND TRADEMAM OFFICE
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`Goris et a1.
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`12/097,121
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`June 12, 2008
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`Detection and Compensation Method for
`Monitoring the Place of Activity on the Body
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`3736
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`Emily M. Lloyd
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`8272
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`Applicant(s)
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`Serial No.
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`Filed
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`For
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`Group Art Unit
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`Examiner
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`Continuation N0,
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`Mail Stop: Amendments
`Commissioner for Patents
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`PO. Box 1450
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`Alexandria, VA 22313-1450
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`AMENDMENT
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`In response to the Non-Final Office Action mailed November 15, 2010, in the
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`above-identified application, please enter the following amendments and consider the
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`following remarks:
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`PA00028875
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`PA00028875
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 3 of 18 Page ID #:1470
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 3 of 18 Page ID #:1470
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`Attorney Docket No.: 003 603 USl
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`IN THE DRAWINGS
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`The attached sheet contains changes to Figure 7. In Figure 7, the symbol in step 142 has
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`been changed. This sheet, which contains Figure 7, replaces the original sheet containing
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`this figure.
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`Attachments: Replacement Sheet
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`Annotated Sheet showing changes
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`PA00028876
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`PA00028876
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 4 of 18 Page ID #:1471
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 4 of 18 Page ID #:1471
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`Attorney Docket No.: 003603 USl
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`IN THE SPECIFICATION
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`Please replace the paragraph at page 9, lines 15-22 with the following amended
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`paragraph:
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`Figure 3 shows an activity monitor comprising a device 30 with a sensor 33. The device
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`30 does not have any buttons or display. The device 30 has means to communicate with a
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`separate unit 31, preferably using a wireless link 32 such as WIFI or Blueteeth
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`BLUETOOTH. The separate unit 31 is used to control the device 30. The separate unit
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`31, for example a personal computer or a personal digital assistant, comprises a
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`microprocessor (not shown) for processing the information gathered by the device 30 by
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`means of sensor 33. The separate unit 31 further comprises means for receiving user
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`input and communicating the processed information to a user.
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`Please replace the paragraph at page 9, lines 23-35 with the following amended
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`paragraph:
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`Figure 4 shows an embodiment of the method according to the invention for activity
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`monitoring applicable to the case where the sensor 6 is attached at a reference position. In
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`step 1002 the sensor 6 delivers a measurement value at the reference position. Preferably,
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`the sensor 6 is a tri-axial accelerometer, and the measurement value is a triple containing
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`acceleration information in X, Y, and Z—directions. In step 101, the activity monitor
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`computes the corresponding activity parameter, for example energy expenditure. For a
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`tri—axial accelerometer attached to the back of the waist, a method to compute the
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`corresponding energy expenditure is disclosed in “Daily physical activity, energy
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`expenditure and physical fitness; assessment and implications” by Guy Plasqui, Ph.D.
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`thesis, Maastricht University, 2004, {meerperated—hereirkbweferenee) referred to
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`hereinafter as “Plasqui”. The back of the waist is near the center of the body and a tri-
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`axial accelerometer attached thereto provides a good estimation of overall movements.
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`PA00028877
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`PA00028877
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 5 of 18 Page ID #:1472
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 5 of 18 Page ID #:1472
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`Attorney Docket No: 003603 USJ
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`Please replace the paragraph at page 13, lines 9-18 with the following amended
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`paragraph:
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`In general, this sequence could be paralleled further, for example by using a plurality of
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`sensors 6 to measure the [[value]] values at a plurality of positions on the subject
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`simultaneously. in this embodiment, the steps of extracting compensation parameters and
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`extracting essential signal features are performed in parallel. However, they can also be
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`performed sequentially. In an alternative embodiment, the activity parameter is computed
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`after the sensor 6 has delivered the signal in step 133, and before extracting essential
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`features in step 134 and determining compensation parameters in step 137. It is also
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`possible to compute at least one derived quantity from the values measured by the sensor
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`6, and perform the steps of extracting essential features and determining compensation
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`parameters based on the derived quantity.
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`PA00028878
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`PA00028878
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 6 of 18 Page ID #:1473
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 6 of 18 Page ID #:1473
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`Attorney Docket No.: 003603 USl
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`IN THE CLAIMS
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`Please amend the claims as follows:
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`1. (Previously Presented) A measuring system comprising;
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`a sensor arranged to be attached at one of a plurality of positions on a subject for
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`obtaining a measured value representing a physical or a physiological quantity of the
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`subject,
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`means for establishing which of the plurality of subject positions the sensor is
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`attached to, and
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`means for deriving a subj ect—related value from the measured value also in
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`dependence on the position of the sensor on the subject.
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`2. (Currently Amended) The measuring system according to claim 1, wherein the
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`plurality of positions includes at least two of the following: a wrist, a lower arm, an upper
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`arm, a lower leg, an upper leg, a waist, a chest, a neck, and a head.
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`3. (Previously Presented) The measuring system according to claim 1, wherein the
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`derived value comprises an activity parameter of the subject.
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`4. (Previously Presented) The measuring system according to claim 3, wherein the
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`activity parameter comprises energy expenditure.
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`5. (Currently Amended) The measuring system according to claim [[1]] i, wherein the
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`activity parameter represents a degree of activity of the body part the sensor is attached
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`to.
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`6. (Previously Presented) The measuring system according to claim 1, wherein the
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`measured value comprises at least one of temperature, ECG, or acceleration.
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`PA00028879
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`PA00028879
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 7 of 18 Page ID #:1474
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 7 of 18 Page ID #:1474
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`Attorney Docket No.: 003603 US]
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`7. (Previously Presented) The measuring system according to claim 1, further comprising
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`means for selecting a subset of a predefined set of further physical and/or physiological
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`quantities of the subject in dependence on the position of the sensor on the subject, and
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`the sensor is arranged for generating a further measured value for each quantity in the
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`selected subset.
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`8. (Previously Presented) The measuring system according to claim 1, further
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`comprising;
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`means for converting the measured value into an estimated measured value
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`related to a reference position on the subject, and
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`means for deriving the subject—related value from the estimated measured value.
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`9. (Currently Amended) The measuring system according to claim 1, wherein the means
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`for determining—the—pesitien—ef—ihe—senser—en—the—subieet establishing which of the
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`plurality of subject positions the sensor is attached to is arranged for performing the
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`determining in dependence on the measured value.
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`10. (Currently Amended) The measuring system according to claim 9, further comprising
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`means for obtaining from the sensor a plurality of measured values measured during a
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`time interval, and wherein the means for detenaeining—the—pesitien—ef—the—senser—en—ihe
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`subject establishingwhich of the plurality of subject positions the sensor is attached to is
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`arranged for performing the determining establishing in dependence on the measured
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`values measured during the time interval.
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`11. (Currently Amended) The measuring system according to claim 10, wherein the
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`means for determimng—flee—pesmeikef—the—seflser—ea—the—subjeet establishing which of the
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`plurality of subiect positions the sensor is attached to is arranged for performing the
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`determining establishing on the basis of a predefined set of rules related to the measured
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`value or measured values measured during the time interval, respectively.
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`12. (Currently Amended) The measuring system according to claim 10, wherein the
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`PA00028880
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`PA00028880
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 8 of 18 Page ID #:1475
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 8 of 18 Page ID #:1475
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`Attorney Docket No.: 003603 USl
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`means for determrmng—the—pesmeaef—thesenserveathe—subjeet establishing which of the
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`plurality of subject positions the sensor is attached to comprises means for performing a
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`pattern recognition of a signal derived from the measured values measured during the
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`time interval.
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`13. (Currently Amended) The measuring system according to claim 9, further comprising
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`means for determining that the subject is performing a standardized activity, and wherein
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`the means for deternnmngAhepesrtrea—ef—the—se—nsei—en—the—subjeet establishing which of
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`the plurality of subject positions the sensor is attached to is arranged for using at least one
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`measured value obtained from the sensor, the at least one measured value relating to a
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`time the subject is performing the standardized activity.
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`14. (Currently Amended) The measuring system according to claim 13, wherein the
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`means for determining that the subject is performing a standardized activity is arranged
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`for performing the determining in dependence on at least one measured value during the
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`time the subject is performing the standardized activity.
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`15‘ (Previously Presented) The measuring system according to claim 13, further
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`comprising a user interface for receiving input from the subject to indicate when the
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`subject is performing the standardized activity.
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`16. (Previously Presented) The measuring system according to claim 1, further
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`comprising a user interface for receiving input from the subject related to the position of
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`the sensor on the subject.
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`17. (Previously Presented) The measuring system according to claim 1, further
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`comprising;
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`means for establishing that the subject is performing a predetermined activity,
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`storage means for storing at least one pattern related to performing the
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`predetermined activity in a predetermined manner,
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`PA00028881
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`PA00028881
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 9 of 18 Page ID #:1476
`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 9 of 18 Page ID #:1476
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`Attorney Docket No.: 003603 US]
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`means for determining a similarity measure relating to a signal representing the
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`derived value and the stored pattern, and
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`means for providing feedback in dependence on the similarity measure.
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`18. (Previously Presented) The measuring system according to claim 17, wherein the
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`means for establishing that the subject is performing the predetermined activity is
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`arranged for establishing that the subject is performing at least one of a predetermined
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`number of predetermined activities.
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`19. (Previously Presented) A measuring system according to claim 1, further comprising
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`a further sensor arranged to be attached to the subject for obtaining a further measured
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`value representing a further physical or physiological quantity of the subject, and wherein
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`the means for deriving the subj ect-related value is arranged for deriving the measured
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`value also in dependence on the further measured value.
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`20. (Previously Presented) A system for determining the calorie balance of a subject, the
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`system comprising the measuring system according to claim 4, means for monitoring
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`food consumption, and means for deriving the calorie balance using the derived energy
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`expenditure.
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`21. (Currently Amended) A method of deriving a estimating—sewed value relating to a
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`subject, the method comprising:
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`obtaining at least one measured value from a sensor attached to the subject, the
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`measured value representing a physical or a physiological quantity of the subject, [[and]]
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`establishing which of a plurality of subject positions the sensor is attached to, and
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`deriving the subject-related value from the measured value [[also]] in dependence
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`on the position of the sensor on the subject.
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`22. (Previously Presented) The measuring system according to claim 6, wherein the
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`acceleration is a tri—axial acceleration.
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`PA00028882
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`PA00028882
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 10 of 18 Page ID
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`PA00028883
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 11 of 18 Page ID
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`PA00028884
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 12 of 18 Page ID
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`PA00028885
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 13 of 18 Page ID
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`PA00028886
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 14 of 18 Page ID
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`PA00028887
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 15 of 18 Page ID
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`PA00028888
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 16 of 18 Page ID
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`PA00028889
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 17 of 18 Page ID
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`PA00028890
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`Case 2:19-cv-06301-AB-KS Document 76-14 Filed 06/26/20 Page 18 of 18 Page ID
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`PA00028891
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