Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 1 of 15 Page ID #:1968
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 1 of 15 Page ID #:1968
`
`EXHIBIT 8
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 2 of 15 Page ID #:1969
`Case 2:19-cv-06301-AB-KS Document 77-9l llmmmflfllflmfllllmmfll ”Inflmnlmflfim |mm1969
`
`US009314192B2
`
`(12) United States Patent
`Us 9,314,192 132
`(10) Patent N0.:
`Goris et al.
`
`(45) Date of Patent: Apr. 19, 2016
`
`(54) DETECTION AND COMPENSATION
`METHOD FOR MONITORING THE PLACE
`OF ACTIVITY ON THE BODY
`
`(75)
`
`Inventors: Annelies Goris, Eindhoven (NL);
`Maarten Peter Bodlaender, Eindhoven
`(NL)
`
`ss1 nee:
`73 A 'g
`
`1n
`.,
`.
`11 s
`e
`onln 1
`K ' kl'jk Ph'l'p NV E' dh
`(NL)
`
`oven
`
`*
`
`ot1ce:
`N ‘
`
`s
`1sc a1mer,t etermot
`u ect to an
`s bj
`yd'
`1
`‘
`h
`f hi
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 1352 days.
`
`(21) Appl.No.:
`
`12/097,121
`
`(22) PCT Filed:
`
`Dec. 5, 2006
`
`(58) Field of Classification Search
`CPC
`A61B 5/065; A61B 5/1118; A61B 5/1123;
`A61B 5/6802; A61B 5/681; A61B 5/7278;
`A61B 2560/0223; A61B 2562/0219
`USPC ........................................... 600/595; 702/160
`See application file for complete search history.
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`5,111,826 A
`5,573,013 A
`
`5/1992 Nasiff
`11/1996 Conlan
`
`(Continued)
`
`FOREIGN PATENT DOCUMENTS
`
`EP
`JP
`WO
`
`1254629 A1
`2003102692 A
`W02005070289 A1
`
`11/2002
`4/2003
`8/2005
`
`(86) PCTNo.:
`
`PCT/IB2006/054599
`
`OTHER PUBLICATIONS
`
`§ 371 (0X1),
`(2), (4) Date:
`
`Jun. 12, 2008
`
`(87) PCT Pub. No.: W02007/069127
`
`PCT Pub. Date: Jun. 21, 2007
`
`(65)
`
`(30)
`
`Prior Publication Data
`
`US 2008/0281234 A1
`
`NOV. 13, 2008
`
`Foreign Application Priority Data
`
`Dec. 15, 2005
`
`(EP) ..................................... 05112250
`
`(51)
`
`(2006.01)
`(2006.01)
`(2006.01)
`
`Int. Cl.
`A613 5/11
`A613 5/06
`A613 5/00
`(52) U.S. Cl.
`CPC ............... A613 5/1118 (2013.01); A613 5/061
`(2013.01); A613 5/065 (2013.01); A613 5/681
`(2013.01); A613 2560/0223 (2013.01); A613
`2562/0219 (2013.01)
`
`Plasqui, G.: “Daily Physical Activity, Energy Expenditure and Physi-
`cal Fitness: Assessment and Implications”; Doctoral Thesis,
`Maastricht University, 2004, 134 page Document.
`
`Primary Examiner 7 Lee S Cohen
`Assistant Examiner 7 Emily Lloyd
`
`(57)
`
`ABSTRACT
`
`A measuring system comprises a sensor arranged to be
`attached to a subject for obtaining a measured value repre-
`senting a physical or a physiological quantity of the subject.
`The measuring system further comprises a microprocessor
`for deriving a subj ect-related value from the measured value.
`The sensor is arranged to be attached at one of a plurality of
`positions on the subject. The measuring system further com-
`prises a microprocessor for establishing the position of the
`sensor on the subject. The microprocessor for deriving the
`subject-related value is arranged for deriving the subject-
`related value also in dependence on the position ofthe sensor
`on the subject.
`
`20 Claims, 5 Drawing Sheets
`
`
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 3 of 15 Page ID #:1970
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 3 of 15 Page ID #:1970
`
`US 9,314,192 132
` Page 2
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`2003/0065257 A1
`2003/0226695 A1
`2004/0102931 A1 *
`2007/0032981 A1 *
`
`4/2003 Mault et a1.
`12/2003 Mault
`..................... 702/188
`5/2004 Ellis et al.
`2/2007 Merkel et al.
`................. 702/160
`
`9/2005 Unuma et al.
`6,941,239 B2
`2001/0049470 A1* 12/2001 Mault et al.
`2002/0109600 A1
`8/2002 Mault et a1.
`
`................... 600/595
`
`* cited by examiner
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 4 of 15 Page ID #:1971
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 4 of 15 Page ID #:1971
`
`US. Patent
`
`Apr. 19, 2016
`
`Sheet 1 015
`
`US 9,314,192 B2
`
`
`
`
`
`
`FIG. 1D
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 5 of 15 Page ID #:1972
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 5 of 15 Page ID #:1972
`
`US. Patent
`
`Apr. 19, 2016
`
`Sheet 2 015
`
`US 9,314,192 132
`
`20
`—
`
`24\
`
`23
`
`III’I
`
`21
`
`22
`
`FIG. 2
`
`E\,
`
`33
`
`I \
`
`32 _\
`\
`
`FIG. 3
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 6 of 15 Page ID #:1973
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 6 of 15 Page ID #:1973
`
`US. Patent
`
`Apr. 19, 2016
`
`Sheet 3 of5
`
`US 9,314,192 B2
`
`100
`
`
` 101
`
`
`
`
`
`MEAS VAL
`
`
`
`COMP ACT PAR
`
`FIG. 4
`
`106
`
`
`
`
`
`MEAS VAL
`
`COMP VAL
`
`
`
`
`105
`
`
`
`
`
`108
`
`<-
`
`
`
`COMP DB
`
`107
`
`
`
`
`
`
`
`112
`
`MEAS VAL
`
`
`
`
`COMP ACT PAR
`
`COMP ACT PAR
`
`FIG. 5A
`
`110
`
`
`
`111
`
`
`
`
`
`-
`COMP DB
`
`113
`
`FIG. SB
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 7 of 15 Page ID #:1974
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 7 of 15 Page ID #:1974
`
`US. Patent
`
`Apr. 19, 2016
`
`Sheet 4 015
`
`US 9,314,192 B2
`
`MEAS VAL
`
`
`
`115
`
`
`
`
`FEAT DB
`
`117
`
`DET POS
`
`
`
`
`
`118
`
`120
`
`- C
`
`OMP DB
`
`Y 123
`
`COMP VAL
`
`
`
`COMP ACT PAR
`
`121
`
`FIG. 6
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 8 of 15 Page ID #:1975
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 8 of 15 Page ID #:1975
`
`US. Patent
`
`Apr. 19, 2016
`
`Sheet 5 of5
`
`US 9,314,192 B2
`
`
`
`a: 1,j= 1
`
`
`
`130
`
`SEL ACTi
`
`131
`
`PER? ACT i
`
`MEAS VAL POSj
`
`‘
`
`133
`
`
`N145
`
`POSjIS
`REFPOS?
`
`132
`
`
`
`,
`
`,
`COM?DB
`
`Em
`COMP
`PAR
`
`138
`
`FEATDB
`
`135
`
`140
`
`141
`
`- 1
`
`4
`
`®,
`
`
`
`FIG. 7
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 9 of 15 Page ID #:1976
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 9 of 15 Page ID #:1976
`
`US 9,314,192 B2
`
`1
`DETECTION AND COMPENSATION
`METHOD FOR MONITORING THE PLACE
`OF ACTIVITY ON THE BODY
`
`FIELD OF THE INVENTION
`
`The invention relates to a measuring system comprising
`a sensor arranged to be attached to a subject for obtaining
`a measured value representing a physical or a physi-
`ological quantity of the subject, and
`means for deriving a subject-related value from the mea-
`sured value.
`
`The invention also relates to a system for determining the
`calorie balance of a subject, and to a method of estimating a
`subject-related derived value.
`
`BACKGROUND OF THE INVENTION
`
`for
`Overweight and obesity are growing problems;
`example over 60% of the American population can be classi-
`fied as overweight or obese. Weight gain occurs when a
`human has a higher energy intake (food) than energy expen-
`diture (resting metabolic rate+activity). Since this unbalance
`causes the weight gain problem, many weight loss programs
`require that users log the food consumed and activities done
`in order to estimate the calorie balance.
`
`Tables and equations exist for converting nutrition values
`and activities into calorie intake and expenditure, respec-
`tively. However, manual calorie counting is a cumbersome
`process requiring knowledge, time, effort, recording and dis-
`cipline. Thus, calorie logging is a problem for many people
`and hence it is a challenge for researchers to find a solution
`therefore.
`
`In US patent application publication US2003/0065257, a
`combination of a diet and activity-monitoring device is
`described for monitoring both the consumption and activity
`of the subject. Such a monitoring device includes a body
`activity monitor for monitoring the body activity of the sub-
`ject. The body activity monitor is operable to output a signal
`indicative ofthe subject’ s body activity. An activity calculator
`may also be provided, which receives the activity indicative
`signal and determines body activity level and/or energy
`expenditure for the subject. The monitoring device may take
`the form of a wristwatch-style device or a belt or clothing-
`mounted monitor. The monitoring device may comprise a
`heart rate monitor. The heart rate ofthe subject increases with
`activity and decreases when the subject is resting. The activity
`monitor may be calibrated using an indirect calorimeter. The
`heart rate sensor may be part of the wristwatch-style activity
`monitor, or it may be provided as a separate unit, for example
`in the form of a chest-strap, which communicates with the
`activity monitor.
`The activity monitor may alternatively comprise a motion
`sensor such as a mechanical pendulum or a single or multi-
`axis accelerometer. An accelerometer is preferred since it
`may provide information on body movement as well as the
`direction and intensity of the movement. The motion sensor
`may form part of the wristwatch or belt or clothing-mounted
`monitoring device or may be part of a separate accessory that
`communicates with the monitoring device. 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 a variety of activities,
`such as swimming, biking, and use of stationary exercise
`equipment. The subject presses a start button and the body
`activity monitor will record the duration of the activity.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`
`the monitoring device also preferably
`Furthermore,
`includes a consumption notation control for use by the subject
`to indicate when the subject consumes food. The body activ-
`ity monitor and the consumption notation control may take a
`variety of forms. It may include a GPS antenna to determine
`the position ofthe subject using GPS signals. It may combine
`a time-indicative signal with the GPS signals to determine
`changes in position ofthe subject as well as the rate of change
`in position. This allows determination of movement or body
`activity. The device may be calibrated to determine caloric
`expenditure from the measured body activity.
`Moreover, a position and/or activity discriminator may be
`included in or communicating with the body activity monitor.
`The discriminator functions to determine the position and/or
`activity of the subject by determining the proximity of the
`subject to various devices and locations, such as exercise
`equipment and buildings. For example, it may be determined
`that the subject is close to running shoes to discriminate the
`activity of running. In a more advanced configuration, prox-
`imity to running shoes may be combined with GPS signals,
`heart rate sensor and/or motion sensor output to allow the
`activity calculator to determine the type of activity being
`performed, the duration ofthe activity, and the intensity ofthe
`activity.
`When the user uses the system for the first time, he or she
`may designate certain movement patterns as correlating with
`certain activities. This will aid to calibrate the activity moni-
`tor.
`
`Each of the described activity monitors and sensors is
`designed to be placed on a single position on the body. Bodily
`signals such as acceleration and ECG signals, are measured
`local to the position where the sensor is attached to the object.
`For example, acceleration measured by an accelerometer on
`the wrist includes motion ofthe arm, which is not detected by
`an accelerometer mounted on the waist.
`
`The existing activity monitors, including for example a
`wrist strap or a waist belt, are often designed to be worn on
`one place on the body. The existing activity monitor is cali-
`brated such that it provides accurate results if it is attached at
`a predefined location on the body. If the activity monitor is
`attached at a different location, the measured activity may be
`less accurate. If the activity monitor is not attached at the
`reference position, errors exceeding 5% in the estimation of
`energy expenditure may occur. This amounts to an error
`exceeding approximately 100 kilocalories per day.
`
`SUMMARY OF THE INVENTION
`
`It is an object of the invention to provide a measuring
`system that yields a more accurate estimate of a parameter
`relating to a subject.
`According to the invention, this object is achieved in that
`the sensor is arranged to be attached at one of a plurality of
`positions on the subject,
`the measuring system further comprises means for estab-
`lishing the position of the sensor on the subject, and
`the means for deriving the subj ect-related value is arranged
`for deriving the subj ect-related value also in dependence
`on the position of the sensor on the subject.
`With these provisions, the accuracy of the derived value is
`guaranteed for any of a plurality ofpositions on the body. The
`subject may attach the sensor at any preferred position on the
`body, and can preferably attach it at a different position when-
`ever he or she desires to do so.
`
`Subjects may have different preferences where they prefer
`wearing the sensor, and the same subject may prefer wearing
`the sensor at different locations, depending on for example
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 10 of 15 Page ID #:1977
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 10 of 15 Page ID #:1977
`
`US 9,314,192 B2
`
`3
`the location of the subject, the local weather, or the activity
`the subject is performing at any given time. Advantageously,
`a plurality of sensors are attached at different positions on the
`subject and the means for deriving the subj ect—related value is
`arranged for combining the respective obtained measured
`values in order to increase the accuracy of the derived value.
`The invention is particularly suitable for determining a
`derived value relating to a human or an animal.
`According to an aspect of the invention, the plurality of
`positions includes at least two of the following: a wrist, a
`lower arm, an upper arm, a lower leg, an upper leg, a waist, a
`chest, a neck, a head. This allows for an especially flexible use
`of the activity monitor, because the positions mentioned are
`especially well suited for measuring the activity of the sub-
`ject, and they are particularly convenient for wearing a sensor
`device.
`
`According to another aspect of the invention, the derived
`value comprises an activity parameter ofthe subject. With this
`aspect, the measuring system becomes an activity monitor
`that enables to monitor the degree of activity performed by
`the subject. Other possible derived values include a tempera-
`ture value or an ECG value that is automatically compensated
`for by the location ofthe sensor. Advantageously, the position
`ofthe sensor on the subject is established in dependence on an
`accelerometer measurement and a temperature or ECG value
`is compensated for in dependence on the established position.
`According to an aspect ofthe invention, the activity param-
`eter comprises energy expenditure. This makes the activity
`monitor particularly suitable for use in weight management.
`According to another aspect of the invention, the activity
`parameter represents the degree of activity of the body part
`the sensor is attached to. When the position of the sensor on
`the subject is known, it becomes possible to monitor activity
`parameters related to a specific body part. For example, if the
`sensor is attached to the arm, the activity monitor can track
`energy expenditure, and in addition can track local accelera-
`tion of the arm. For example, with additional information
`provided by fitness equipment, the forces applied to the arm
`canbe estimated and combined with acceleration information
`
`provided by the sensor to obtain local energy expenditure.
`This enables subjects to optimize a training schedule to train
`a specific body part. Also, if a predefined safety limit is
`exceeded, this can be provided as feedback to the user to avoid
`potentially dangerous situations.
`According to an aspect of the invention, the measured
`value comprises at least one of temperature, ECG, or accel-
`eration, in particular tri -axial acceleration. These examples of
`measured values are correlated with activity.
`According to another aspect of the invention, the system
`further comprises means for selecting a subset ofa predefined
`set of further physical and/or physiological quantities of the
`subject in dependence on the position of the sensor on the
`subject, and the sensor is arranged for generating a further
`measured value for each quantity in the selected subset. The
`subset may contain zero or more further physical and/or
`physiological quantities of the subject, for example tempera-
`ture, ECG, or acceleration. This aspect allows the system to
`generate measurements that are particularly relevant to the
`body part the sensor is attached to. For example, a tempera-
`ture measurement may provide relevant information when the
`temperature sensor is attached to the trunk of the body, and
`not when it is attached to, for example, an ankle. The system
`can take this into account for example by disregarding, or
`compensating,
`temperature measurement if the sensor is
`attached to an ankle. Further physical and/or physiological
`
`5
`
`15
`
`20
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`4
`
`quantities, such as heart rate or temperature, can be used
`alongside for example a derived activity parameter in various
`health applications.
`According to another aspect of the invention, the system
`further comprises
`means for converting the measured value into an estimated
`measured value related to a reference position on the
`subject, and
`means for deriving the subj ect-related value from the esti-
`mated measured value.
`
`This aspect allows the measuring system to accurately
`measure, for example, an activity parameter with the sensor at
`one of a plurality of positions on the subject, even if the
`measuring system is calibrated for only a single reference
`position, because the deviation of the measured value caused
`by wearing the activity monitor at a different position is
`compensated for. The accuracy may be increased even further
`by calibrating a plurality of reference positions. In case a
`plurality ofreference positions is calibrated, and the sensor is
`attached at a position that is not a reference position, the
`means for converting can compensate the measured value
`with respect to the nearest reference position or with respect
`to a weighted average ofreference positions, thereby increas-
`ing the accuracy further.
`Another aspect of the invention is characterized in that the
`means for determining the position of the sensor on the sub-
`ject is arranged for determining the position in dependence on
`the measured value. This allows the sensor to be attached at
`
`different positions on the subject, without any additional user
`interaction to indicate the actual position of the device.
`According to another aspect of the invention, it further
`comprises means for obtaining from the sensor a plurality of
`measured values measured during a time interval, and
`wherein the means for determining the position of the sensor
`on the subject is arranged for determining the position in
`dependence on the measured values measured during the time
`interval. This allows the position of the sensor to be deter-
`mined in an especially reliable manner.
`According to another aspect ofthe invention, the means for
`determining the position of the sensor on the subject is
`arranged for determining the position on the basis of a pre-
`defined set ofrules related to the measured value or measured
`
`values measured during the time interval, respectively. A set
`of rules, preferably part of a rule-based system, possibly
`making use of fuzzy logic, is particularly suited for determin-
`ing the position of the sensor.
`According to another aspect ofthe invention, the means for
`determining the position of the sensor on the subject com-
`prises means for performing a pattern recognition of a signal
`derived from the measured values measured during the time
`interval. A pattern recognition means is especially favorable
`to achieve a high reliability in establishing the position of the
`sensor on the subject.
`According to an aspect of the invention, it further com-
`prises means for determining that the user is performing a
`standardized activity, and the means for determining the posi-
`tion of the sensor on the subject is arranged for using at least
`one measured value obtained from the sensor, the measured
`value relating to a time the user is performing the standard-
`ized activity. This allows the activity monitor to determine the
`position of the device on the body with greater certainty.
`Preferably, the standardized activity has a repetition pattern
`with a cycle time of, for example,
`1 to 2 seconds and the
`standardized activity is performed for at least five cycles.
`According to another aspect ofthe invention, the means for
`establishing that the user is performing a standardized activity
`is arranged for establishing the activity in dependence on at
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 11 of 15 Page ID #:1978
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 11 of 15 Page ID #:1978
`
`US 9,314,192 B2
`
`5
`least one measured value. This increases the accuracy and
`reduces the amount of required user interaction.
`Another aspect of the invention further comprises a user
`interface for receiving input from a user for indicating when
`the subject is performing the standardized activity. This
`allows a very economical implementation of the activity
`monitor.
`
`Another aspect of the invention further comprises a user
`interface for receiving input from a user related to the position
`of the sensor on the subject. This allows a very economical
`implementation of the activity monitor.
`Another aspect of the invention further comprises
`means for establishing that the subject is performing a
`predetermined activity,
`storage means for storing at least one pattern related to
`performing the predetermined activity in a predeter-
`mined manner,
`means for determining a similarity measure relating to a
`signal representing the derived value and the stored pat-
`tern, and
`means for providing feedback in dependence on the simi-
`larity measure.
`Ifthe sensor position and the type ofactivity are known, the
`actual body movements can be compared to movements that
`are “optimal” for that particular activity. This translates into a
`measure of efficiency and proficiency in the selected activity.
`For example, inexperienced runners have a larger vertical
`acceleration component than experienced runners. Optimal
`movement patterns can be looked up in a database with key
`(desired activity, body part), and a pattem-matching tech-
`nique can be used to determine how the actual pattern com-
`pares to the optimal pattern. Moreover, suggestions to change
`movement patterns of the specific body part can be given,
`such as for example, “when striking a ball with a racket, try to
`move in a continuous circular motion, and do not stop the
`motion after impact, to maximize acceleration of the ball
`upon impact”. Alternatively, movements associated with
`health problems such as a baseball-arm, can be detected and
`feedback can be provided about the undesired movements.
`According to another aspect ofthe invention, the means for
`establishing that the subject is performing the predetermined
`activity is arranged for establishing that the subject is per-
`forming at least one of a predetermined number of predeter-
`mined activities. This allows the activity monitor to distin-
`guish between a plurality of activities of the subject, so that
`feedback can be provided in relation to the established activ-
`ity.
`it further
`According to another aspect of the invention,
`comprises a further sensor arranged to be attached to the
`subject for obtaining a further measured value representing a
`further physical or physiological quantity of the subject, and
`wherein the means for deriving the subject-related value is
`arranged for deriving the measured value also in dependence
`on the further measured value. Advantageously, a plurality of
`sensors are attached at different positions on the subject and
`the means for deriving the subject-related value is arranged
`for combining the respective obtained measured values in
`order to increase the accuracy of the derived value. Advanta-
`geously, the sensors communicate with each other or with a
`central unit, for example by means of a wireless or wired
`connection, for coordinated processing of the obtained mea-
`sured values.
`
`The system for determining the calorie balance of a subject
`according to the invention is characterized in that it comprises
`the activity monitor set forth, means for monitoring food
`consumption, and means for deriving the calorie balance
`using the derived energy expenditure. This system can pro-
`
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`vide accurate calorie balance because the activity parameter
`is determined with a high degree of accuracy.
`The method according to the invention is characterized in
`that
`
`the method further comprises the step of determining the
`position of the sensor on the subject, and
`the step of deriving the subject-related value is performed
`also in dependence on the position of the sensor on the
`subject.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`These and other aspects ofthe method ofthe invention will
`be further elucidated and described with reference to the
`
`drawing, in which:
`FIGS. 1 A,B,C,D show sketches of a device with attach-
`ment means that can be attached at several positions on a
`subject.
`FIG. 2 shows an activity monitor with user interface.
`FIG. 3 shows an activity monitor comprising a device with
`a sensor connected to a separate unit by means of a wireless
`link.
`
`FIG. 4 shows a diagram of an embodiment of the method
`according to the invention.
`FIGS. 5 A,B show diagrams of embodiments of the mea-
`suring method according to the invention including the com-
`pensation method according to the invention.
`FIG. 6 shows a diagram of an embodiment of the method
`according to the invention including the method according to
`the invention to determine the position of the sensor on the
`subject.
`FIG. 7 shows a diagram of an embodiment of the method
`according to the invention including the compensation ini-
`tialization method according to the invention.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`FIG. 1A shows an activity monitor 1 comprising a sensor 6
`(shown in dotted lines), a display 10, and strap attachment
`means 5. The activity monitor 1 further comprises a micro-
`processor (not shown) for computing and displaying an activ-
`ity parameter. The sensor 6 can comprise a single-axial or
`multi-axial accelerometer, a temperature sensor, an electrical
`sensor for measuring electrical body signals such as the ECG
`signal, a heart rate sensor, a pedometer, a global or local
`positioning system, or any other type of sensor. Such sensors
`are known to the skilled artisan. FIG. 1B shows the activity
`monitor 1, fixed to a short strap 2 with a buckle 4, and FIG. 1C
`shows the activity monitor 1 fixed to a long strap 3. The short
`strap 2 is suitable for attaching the activity monitor to a wrist
`or ankle, while the long strap 3 is suitable for attaching the
`activity monitor to a waist or chest. FIG. 1D shows a side view
`ofthe activity monitor illustrating a clip 9 fixed to the back of
`the activity monitor, making it possible to attach the activity
`monitor to clothing. The activity monitor with accessories as
`shown can be attached at one of a plurality of positions on a
`subject. The display 10 can be a touch-screen display for
`having a subject provide input to the activity monitor.
`FIG. 2 shows an activity monitor 20 with at least one button
`21,22, a display 23, and a sensor 24. The button can be used
`for receiving input from a user. Preferably, more buttons are
`provided to make it easier for the subject to provide different
`kinds of input to the activity monitor.
`FIG. 3 shows an activity monitor comprising a device 30
`with a sensor 33. The device 30 does not have any buttons or
`display. The device 30 has means to communicate with a
`separate unit 31, preferably using a wireless link 32 such as
`
`

`

`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 12 of 15 Page ID #:1979
`Case 2:19-cv-06301-AB-KS Document 77-9 Filed 06/26/20 Page 12 of 15 Page ID #:1979
`
`US 9,314,192 B2
`
`7
`WIFI or BLUETOOTH. The separate unit 31 is used to con-
`trol the device 30. The separate unit 31, for example a per-
`sonal computer or a personal digital assistant, comprises a
`microprocessor (not shown) for processing the information
`gathered by the device 30 by means of sensor 33. The separate
`unit 31 further comprises means for receiving user input and
`communicating the processed information to a user.
`FIG. 4 shows an embodiment of the method according to
`the invention for activity monitoring applicable to the case
`where the sensor 6 is attached at a reference position. In step
`100, the sensor 6 delivers a measurement value at the refer-
`ence position. Preferably, the sensor 6 is a tri-axial acceler-
`ometer, and the measurement value is a triple containing
`acceleration information in X, Y, and Z-directions. In step
`101, the activity monitor computes the corresponding activity
`parameter, for example energy expenditure. For a tri-axial
`accelerometer attached to the back of the waist, a method to
`compute the corresponding energy expenditure is disclosed
`in “Daily physical activity, energy expenditure and physical
`fitness; assessment and implications” by Guy Plasqui, PhD.
`thesis, Maastricht University, 2004, referred to hereinafter as
`“Plasqui”. The back ofthe waist is near the center of the body
`and a tri -axial accelerometer attached thereto provides a good
`estimation of overall movements.
`
`FIG. 5A shows an example of embodiment of the method
`according to the invention for activity monitoring applicable
`to the case where the sensor 6 is attached at a position on the
`subject that is not a reference position. In step 105, the sensor
`6 delivers a measurement value measured at the position
`where the sensor is attached. After this, in step 106, the
`measurement value is compensated for the difference of the
`value at the position the sensor 6 is attached and the corre-
`sponding value at the reference position. After this, in step
`108, the activity parameter, in this case energy expenditure, is
`computed using the method of computing the corresponding
`energy expenditure disclosed in Plasqui. The compensation
`method of step 106, in a very simple version, in this embodi-
`ment can be expressed as:
`
`xcorrmefwbxmw,
`
`where me represents the measured value at the position
`where the sensor 6 is attached, xcommd is the corrected mea-
`sured value, and a and b are compensation constants that have
`been stored in a compensation database 107 as part of an
`initialization procedure. In a multivariate system, where the
`measurement value comprises a tuple, for example the X, Y,
`and Z-components measured by a tri-axial accelerometer, the
`compensation method can be expressed as:
`
`xcorrectedj:ai+bi,lxraw,1+bi,2xraw,2+ -
`
`-
`
`- +bi,ermA/,N>
`
`, mew represent the N components
`.
`.
`where me, 1, Xraw,23 .
`of the measurement value tuple; xcommd’i represents the i-th
`component of the corrected measurement value tuple
`(Xcorrected,15 Xcorrectedgs '
`'
`'
`s Xcorrectedfl)’ and at and by: for is
`j:1, 2,
`.
`.
`.
`, N, are compensation constants that have been
`stored in a compensation database 107 as part of an initial-
`ization procedure. This example of a compensation method is
`particularly easy to implement. Other, potentially more flex-
`ible compensation methods are easily conceivable. Such
`methods include higher order polynomials, generalized linear
`models, other statistical methods, artificial neural networks,
`and fuzzy logic methods.
`FIG. 5B shows an alternative embodiment of the method
`
`according to the invention for activity monitoring applicable
`to the case where the sensor 6 is attached at a position on the
`subject that is not a reference position. In step 110, the sensor
`6 delivers a measurement value measured at the position
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`where it is attached. After this, in step 111, the activity param-
`eter, in this case energy expenditure, is computed using the
`method of computing the corresponding energy expenditure
`disclosed in Plasqui. Finally, in step 112 the computed energy
`expenditure is compensated for the difference of the energy
`expenditure as computed from the value measured at the
`position where the sensor 6 is attached and the “real” energy
`expenditure that would have been obtained if the sensor had
`been attached at the reference position. The compensation
`method, which is similarto the compensation method appear-
`ing in the embodiment according to FIG. 5A, makes use ofthe
`information stored in the compensation database 113.
`FIG. 6 shows a diagram of an embodiment of a method of
`determining the position on the subject where the sensor 6 is
`attached and of computing the activity parameter, regardless
`of where the sensor was attached. In step 115, the measured
`value or a sequence of measured values is obtained from the
`sensor 6. Next, the position on the body is determined in step
`116, usin