Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 1 of 274 Page ID #:2566
`Case 2:19-cv-06301—AB-KS Document 87-3 Filed 07/31/20 Page 1 of 274 Page ID #:2566
`
`EXHIBIT 2
`
`HISTORY
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`EUROPEAN APPLICATION FILE
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`EXHIBIT 2
`EUROPEAN APPLICATION FILE
`HISTORY
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`vom Absender auszuf0llen / A remplir par l'exp~diteur / Completed by the sender
`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 5 of 274 Page ID #:2570
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`Art der Sendung /Nature de l'envoi/Type
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`Sendungsnummer I No de l'envoi /Item number
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`r · -RG 55 254 200 SOE
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`I
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`3e:Jit'"10 ~ Brief/ Lettre / Letter
`Paket / Colis / Parcel
`;t2,{0~
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`... - .. " - , ..
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`' ,_.Einschreiben / Recommande 1 Registered Mail
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`Wertangabe I Valeur declaree / Value :
`..
`Gewohnliche Anweisung/ Mandat ordinaire /
`Advice of inscription : ....
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`- -- - - -
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`Zahlkarte / de versement I Advice. of payment
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`Auslieferungsnachweis / Cheque d' assignation /
`Proof of delivery
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`~ ,.t ,o l-t , 2..o .{ -r
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`Empfiinger der Sendung / Destinatairede l'envoi / Article adresse_d to
`~,'e;ps //i_.-k-{,-rcdu0-C lf~rtJ f?Shr,e/o/dS; 2o,.2cx- 220
`S-bOO A£ £ t>rf.h_q v;,ck )l)1~S - '4'1S
`• • • • • • • .
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`Am Besttmmungsort'lluszufOllen/ Adbmplettr a detl:ination/Cl!lmpleted attlestinatione
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`O.g. Sendung/Betrag wurde ordnungsgernaB-11.'tnvoi mentionne ~delsus a ~e damentll1'te article ffl@fltionedebtlvet.,'1; duly
`.
`t
`□ ausgehandigt □ ausgezahlt · □ dem Postbankko. nto gutgesdtrieben
`paye
`remis
`delivered
`·
`paid
`credited to bank account
`• Dlese(r) Schein/Anzeige kann vom ~pfanger oder w en n _ die Vorschriften_ des Bestimmungslandes dies vorsehen.
`von elnem Beauftragten oder vom Mitarbeiter des Postuntemehmens Im Bestimmungsland urrterschrieben werdeni
`• Cet avis pourra etre signe par le destinataire ou. si les rfg!ements du pays de destination le prevoienf. par une
`autrepersonneautoriseeauparl'agentdu bureau de destination.
`• Thisrea,ipt must be signed by the adrasseema peison authorized to sign unde,theregulatlonsoftheaiun1Jyol
`clestihation cir If those regulations so pirMde. by the employee of the offi<e of destilation,
`
`..
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`•
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`. \~
`1- 0 APR 2n 1~
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`1
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`- - - -~~ - - - - - - - - - - . - - - - - - - - - · --· - - -
`Datum und nterschrift• / Date et signature•/ Date and signature*
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`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 8 of 274 Page ID #:2573
`
`.. PHILIPS
`
`• European Patent Office
`Patentlaan 2
`2288 EE RIJSWIJK
`
`Philips Intellectual Prope.rty. & Standards
`
`~6~l~~,gi~~hoven EP· . "" ~JG 2
`The Netherlands
`· · . ~...
`"'.
`-
`0 9. 04. 2015
`
`. ·
`
`Ref: NVERW/MDUIN
`
`Ema i I: pc1tent.adm i nistration@phHips.com
`Tel: +3140 27 40607
`
`Date: 7 April 2015 ·
`
`Subject: European Patent Applications (attached list)
`
`1 .CQh_ditional withdra'Aicil _ (SORA) of Applications
`2. Unconditional withdrawal of automatic debit order (DECA)
`3. Unconditional Withdrawal of (auxiliary) request for oral proceedings ..
`
`I hereby vvithc1raw the EP Patent Applications iridica,ted in the attached list, on the
`condition that any fee is .refunded.. It is understoqd that ff no refund is possible, the ·
`applicc:ition is not withdrawn.
`.
`.
`
`• The automatic debit order from deposit accounf28090021 is herewith unconditionally
`revoked.
`
`If, for any of these Applications, an(auxiliary) request for oral proceedings is pending,
`said request is herewith withdravvri. lh case summons to oral proceedings have
`already been issued, the European patent office is hereby informed that the AppliCant
`
`will hot attend the oral proceedings, aild. requested to take a decision on the state of
`
`. the file.
`
`The Professional Hepresent9tive,
`
`,..
`
`P.O. Verweij
`
`Philips International B.V.
`Commercial Register Eindhoven
`No. 17047664
`
`Office address: High Tech Campus 5
`5656 AE Eindhoven, The Netherlands
`Tel. +3140 279 1111
`Fax. +31 40 274 34 89
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 9 of 274 Page ID #:2574
`
`Internal file
`number
`1999P01232WE 01
`2001P01182WE
`2002P03137WE 01
`2003P03094WE
`2004P01497WE
`2004P03255WE
`2005P00364WE
`
`Application
`number
`Filing date
`2000-feb-28 Gii__1J.984A.~~ J
`2002-apr-02
`02722552.3
`2003-dec-05
`07113171.8
`2004-sep-02
`04782897.5
`2005-jun-21
`05747664.0
`2005-aug-02
`05779421.6
`2006-mrt-06
`06711025.4
`
`2005P02656WE
`2005P03215WE
`2006P00408WE
`2006P00588WE
`2006P02742WE
`2008P01421WE
`
`2009P00342WE
`2009P00594WE
`2009P00750WE
`2010P00184WE
`2010P00214WE
`
`2006-dec-05
`2006-apr-04
`2007-feb-15
`2007-jun-13
`2007-apr-02
`2009-dec-07
`
`06832085.2
`06749403.9
`07705893.1
`07798500.0
`07759975.1
`09793600.9
`
`2010-mrt-24
`2010-j un-10
`2010-sep-17
`2011-feb-24
`2011-feb-04
`
`10712982.7
`10728352.5
`10775889.8
`11709497.9
`11706356.0
`
`2010P00292\NE
`
`2011-jan-28
`
`11706015:2
`
`2010P00591WE
`2010P00728WE
`2010P01069WE
`2011P00983WE
`2011P01017WE
`2011P01134WE
`
`2011-jul-08
`2011-jun-21
`2011-nov-16
`2012-aug-17
`2012-sep-14
`2012-okt-03
`
`11744080.0
`11734182.6
`11799322.0
`12778793.5
`12783662.5
`12787881.7
`
`2011P01803WE
`2011P01820WE
`
`2012-nov-15
`2013-feb-08
`
`12818813.3
`13713237.9
`
`2012P00498WE
`
`2013-mrt-20
`
`13722831.8
`
`2012P00714WE
`
`2013-aug-13
`
`13783988:2
`
`Applicant / Name
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`RIC Investments, LLC
`Koninklijke Philips N.V.
`Discus Dental, LLC
`Koninklijke P,hilips N.V.;
`Philips Intellectual. Property & Standards GmbH
`Koninklijke Philips N.V.
`Respironics Oxytec, Inc.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Respironics, Inc
`Koninklijke Philips N.V.;
`P~ilips Intellectual Property & Standards GmbH
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.;
`Philips Intellectual Property & Standard,!; Gr'libH .
`Koninklijke Philips I\J.V.;
`Philips Intellectual .Property&. StandardsGmbH
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.
`Philips Deutschland GmbH
`Koninklijke Philips N.V.
`Koninklijke Philips N.V.;
`University Hospitals Medical Group, Inc.;
`Case Western Reserve University (CWRU)
`Koninklijke Philips N.V.
`Philips Deutschland GmbH
`Koninklijke Philips N.V.
`
`

`

`

`

`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 12 of 274 Page ID
` #:2577
`
`AMENDED SET OF CLAIMS:
`
`16
`
`22.12.2010
`
`1.
`
`A measuring system (1) comprising
`
`- a sensor (6) arranged to be attached at a plurality of body parts of a subject
`
`for obtaining a measured value representing a physical or a physiological quantity of the
`
`subject at a body part to which the sensor is attached,
`
`5
`
`- means for deriving a subject-related value from the measured value in
`
`dependence on which body part the sensor is attached to,
`
`characterized in the measuring system further comprising
`
`- means for determining on which body part of the subject the sensor is
`
`attached to.
`
`10
`
`2.
`
`The measuring system (1) according to claim 1, wherein the plurality of body
`
`parts 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.
`
`15
`
`3.
`
`The measuring system (1) according to claim 1, wherein the derived value
`
`comprises an activity parameter of the subject,
`
`the activity parameter comprising energy expenditure.
`
`4.
`
`The measuring system ( 1) according to claim 1, wherein the activity parameter
`
`20
`
`represents a degree of activity of the body part the sensor is attached to.
`
`5.
`
`The measuring system ( 1) according to claim 1, wherein the measured value .
`
`comprises at least one of temperature, ECG, or accel~ration, in particular tri-axial
`
`acceleration.
`
`25
`
`6.
`
`The measuring system (1) according to claim 1, further comprising means for
`
`selecting a subset of a predefined set of farther physical-and/or physiological quantities of the
`
`subject in dependence on which body part of the subjectthe sensor is attached to, and the
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 13 of 274 Page ID
` #:2578
`
`sensor is arranged for generating a further measured value for each quantity in the selected
`
`17
`
`22.12.2010 -
`
`subset.
`
`7.
`
`5
`
`The measuring system(!) according to claim 1, further comprising
`
`- means for converting the measured value into an estimated measured value
`
`related to a reference position on the subject, and
`
`- means for derivi~g the subject-related value from the estimated measured
`
`value.
`
`10
`
`8.
`
`The measuring system (1) according to claim 1, wherein the means for
`
`determining to which body part the sensor is attached is arranged for performing the
`
`determining in dependence on the measured value.
`
`9 ..
`
`The measuring system (1) according to claim 8, further comprising means for
`
`15
`
`obtaining from the sensor (6) a plurality of measured values measured during a time interval,
`.
`and wherein the means for determining to which body part the sensor is attached is arranged
`for performing the determining in dependence on the measured values measured during the
`
`.
`
`time interval.
`
`20
`
`10.
`
`The measuring system (1) according to claim 8 or 9, wherein the means for
`
`determining to whif;h body part the sensor ( 6) .is attached is arranged for performing the
`
`.
`
`.
`
`determining on the basis of a predefined set of rules related to the measured value or
`
`measured valuesmeasuredduring the time interval, respectively.
`
`25
`
`11.
`
`The measuring system ( 1) according to claim 9, wherein the means for
`
`determining to which body part the sensor ( 6) is attached comprises means for performing a
`
`pattern recognition of a signal derived from the measured values measured during the time
`
`interval.
`
`30
`
`The measuring system ( 1) according to claim 8 or 9, further comprising means
`12.
`for determining that the user is performing a standardized activity, and wherein the means for
`determining to which body partthe sensor is attached is arranged for using at le_ast one
`
`measured value obtained from the sensor (6), the measured value relating to a time the user is
`
`performing the standardized activity.
`
`

`

`. .,
`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 14 of 274 Page ID
`irl~}i'tf~~'.~~j~~?Q[QJE.P2. - -Main request
` #:2579
`
`18
`
`22.12.2010
`
`13.
`
`The measuring .system ( 1) according to claim· 1, further comprising a us~r
`
`interface for receiving input from a user related to which body part of the subject the sensor
`
`is attached to.
`
`5
`
`14.
`
`The measuring system ( 1) according to claim 1, further comprising
`
`- means for establishing that the subjectis p~rforming a predetermined
`
`activity,
`
`- storage means for storing at least one pattern related to performing the
`
`) 0
`
`predetermined activity in a predetermined manner,
`
`- means for determining a similarity measure relating to a signal representing
`
`the derived value and the stored pattern, and
`
`- means for providing feedback in dependence on the similarity measure.
`
`15
`
`15.
`
`A system for determining the calorie balance of a subject, the system
`
`comprising the measuring system (1) according to claim 4, means for monitoring food
`
`consumption, and mean.s for deriving the calorie balance using the derived energy
`
`expenditure.
`
`20
`
`16.
`
`comprising
`
`Amethod of estimating a derived value relating to a subject, the method
`
`- obtaining at least one measurnd value from a sensor (6) attached to a body
`
`part of the subject, the measured value represent1ng a physical or a physiological quantity of
`
`the subject at the body part to which the sensor is attacheq, and
`
`25
`
`- determining which body part the sensor is attached to, and
`
`- deriving the subject-related value from the measured value also in
`
`dependence on which body part the sensor is attached to.
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 15 of 274 Page ID
` #:2580
`
`AMENDED SET OF CLAIMS:
`
`16
`
`22.12.2010
`
`1.
`
`A measuring system (1) comprising
`
`- an accelerometer (6) arranged to be attached at a plurality of body parts of a
`
`subject for obtaining a measured value represehtihg a physical or a physiological quantity of
`
`the subject at a body part to which the accelerometer is attached,
`
`5
`
`- means for deriving a subject-related value from the measured value in
`
`dependence on which body part the accelerometer is attached to,
`
`characterized in the measuring system further comprisin~
`
`- means for determining on which body part of the subject the accelerometer is
`
`attached to.
`
`2.
`
`The measuring system (1) according to claim 1, wherein the plurality ofbody
`
`parts 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.
`
`15
`
`3.
`
`The measuring system (1) accordllig to claim 1, wherein the derived value
`
`comprises an activity parameter of the subject,
`
`the activity parameter comprising energy expenditure ..
`
`4.
`
`The measuring system ( 1) according to claim l, wherein the activity parameter
`
`20
`
`represents a degree of activity of the.body part the accelerometer is attached to.
`
`5.
`
`The measuring system (1) according to claim 1, wherein the measured value
`
`comprises at least one of temperature, ECG, or acceleration, in particular tri-axial
`
`acceleration.
`
`25
`
`. 6.
`
`The measuring system (1) according to claim 1, further comprising means for
`
`selecting a subset of a predefined set of further physical and/or physiological quantities of the
`
`subject in dependence on which body part of the subject the accelerometer is attached to, and
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 16 of 274 Page ID
` #:2581
`
`the accelerometer is arranged for generating a further measured value for each quantity in the
`
`17
`
`22.12.2010
`
`selected subset.
`
`7.
`
`5
`
`The measuring system ( 1) according to claim 1, further corn.prising
`
`- means for converting the measured value into an estimated measured value
`
`related to a reference position on the subject, and
`
`- means for deriving the subject-related value from the estimated measured
`
`value.
`
`10
`
`8.
`
`The measuring system ( 1) according to claim 1, wherein the means for
`
`determining to which body part the accelerometer is attached is arranged for performing the
`
`determining in dependence on the measured value.
`
`9.
`
`The measuring system (1) according to claim 8, further comprising means for
`
`15
`
`obtaining from the accelerometer (6) a plurality of measured values measured during a time
`
`interval, and wherein the means for determining to which body part the accelerometer is
`
`attached is arranged for performing the determining in dependence on the measured values
`
`measured during t~e _time interval.
`
`20
`
`10.
`
`The measuring system ( 1) according to claim 8 or 9, wherein the means for
`
`determining to which body part the accelerometer ( 6) is attached is arranged for performi~g
`
`the determining on the basis of a predefined set of rules related to the nieasured·value or
`
`measured values measured during thetime interval, respectively.
`
`11.
`
`The measuring system ( 1) according to claim 9 ~ wh~rein the means for
`
`determining to which body part the accelerometer ( 6) is attached comprises means for
`
`performing a pattern recognition of a signal derived from th~ measured values measured
`
`during the time interval.
`
`30
`
`12.
`
`The measu~ng system (1) according to claim 8 or 9, further comprising means
`
`for determining that the user is performing a standardized activity, and wherein the II1eans for
`
`determining to which body part the accelerometer isattached is arranged for using at least
`
`one measured value obtained from the accelerometer (6), the measured value relating to a
`
`time the user is performing the standardized activity.
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 17 of 274 Page ID
` #:2582
`
`18
`
`22.12.2010
`
`13.
`
`The measuring system (1) according to claim 1, further comprising a user
`
`interface for receiving input from a user related to which body part of the subject the
`
`accelerometer is attached to.
`
`5
`
`14.
`
`The measuring system ( 1) according to claim I, further comprising
`
`- 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 predetermined manner,
`
`- means for determining a similarity measure relating to a signal representing ·
`
`the derived value and the stored pattern, and
`
`- means for providing feedback in dependence on the similarity measure.
`
`15
`
`15.
`
`A system for determining the calorie balance of a subject, the system
`
`comprising the measuring system ( 1) according to claim 4, means for monitoring food
`
`consumption, and means for deriving the calorie balance using the derived energy
`
`expenditure.
`
`20
`
`16.
`
`A method of estimating a derived value relating to a subject, the method
`
`comprising
`
`Q
`
`- obtaining at least one measured value from an accelerometer ( 6) attached to a
`
`body part of the subject; the measured value representing a physical or a physiological
`
`quantity of the subject at the body part to which the accelerometer is attached, and
`
`25
`
`- determining which body part the accelerometer is attached to,.and
`
`- deriving the subject-related value from the measured value also in
`
`dependence on which body part the accelerometer is attached to.
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 18 of 274 Page ID
` #:2583
`
`AMENDED SET OF CLAIMS:
`
`16
`
`22.12.2010
`
`1.
`
`A measuring system (1) comprising
`
`- a sensor (6) arranged to be attached at a plurality of body parts of a subject
`
`for obtaining a measured value representing a physical or a physiological quantity of the
`
`subject at a body part to which the sensor is attached,
`
`5
`
`- means for deriving a subject-related value from the measured value ir1.
`
`dependence on which body part the sensor is attached to,
`
`characterized in the measuring system further comprising
`
`- means for determining on which body part of the subject the sensor is
`
`attached to by analyzing qn the basis of a predefined set of rules related to the me·asured
`
`10
`
`value a signal from the sensor for features that are position dependent.
`
`2.
`The measuring system (1) according to claim 1, wherein the plurality of body
`.
`.
`parts 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.
`
`15
`
`3.
`
`The measuring system ( 1) according to claim 1, • wherein the derived value
`
`comprises an activity parameter of the subject,
`
`the activity parameter comprising energy expenditure.
`
`20
`
`4.
`
`The measuring system (1) according to claim 1, wherein the activity parameter
`
`represents a degree of activity of the body part the sensor is attached to.
`
`5.
`
`The measuring system (1) according to claim 1, wherein the measured value
`
`comprises at least one of temperature, ECG, or acceleration, in particular tri-axial
`
`25
`
`acceleration:
`
`6.
`
`The measuring system ( 1) according to claim 1, further comprising means for
`
`selecting a subset of a predefined set of further physical and/or physiological quantities of the
`
`subject in dependence on which body part of the subject the sensor is attached to, and the
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 19 of 274 Page ID
` #:2584
`
`sensor is arranged for generating a further measured value for each quantity in the selected
`
`17
`
`22.12.2010
`
`subset.
`
`7.
`
`The measuring system ( 1) according to claim 1, further comprising
`
`5
`
`- means for converting the measured value into an estimated measured. value
`
`related to a reference position on the subject, and
`
`- means for deriving the subject-related value from the estimated measured
`
`value.
`
`8.
`
`The measuring system ( 1) according to claim 1, wherein the means for
`
`determining to which body part the sensor is attached is arranged for performing the
`
`determining in dependence on the measured value.
`
`9.
`
`The measufing system ( 1) according to claim 8, further comprising means for
`
`15
`
`obtaining from the sensor (6) a plurality of measured values measured during a time interval,
`
`and wherein the means for determining to which body part the sensor is attl:lched is arranged
`
`for performing the determining in dependence on the measured values measured during the
`
`time interval.
`
`The measuring system ( 1) according to claim 9, wherein the means for
`
`determining to which bodypartthe.sensor(6) is attached is arranged for.performing the
`
`determining on the basis of a predefined set of rules related to the measured values measured
`
`during the time interval.
`
`25
`
`11.
`
`The measuring system ( 1) according to claim 9, wherein the means for
`
`determining to which body part the sensor ( 6) is attached comprises means for performing a
`
`pattern recognition of a signal derived from the measured values measureq during the time
`
`· interval.
`
`30
`
`12.
`
`The measuring system (1) according to claim 8 or 9, further comprising means
`
`for determining that the user is performing a standardized activity, and wherein the means for
`
`determining to which body part the sensor is attached is arranged for using at least one
`
`measured value obtained from the sensor ( 6), the measure<i value relating to a time the user is
`
`performing the standardized activity.
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 20 of 274 Page ID
` #:2585
`
`18
`
`22.12.2010
`
`13.
`
`The measuring system ( 1) according to claim 1,. further comprising a user
`
`interface for receiving input from a user related to which body part of the subject the sensor .
`
`is attached to.
`
`5
`
`14.
`
`The measuring system ( 1) according to claim 1, further comprising
`
`- means for establishing that the subject is performing a predetermined
`
`activity,
`
`- storage means for storing at least one pattern related to performing the
`
`10
`
`predetermined activity in a predetermined manner,
`
`- means for determining a s1milarity measure relating to a signal representing
`
`the derived value and the stored pattern, and
`
`- means for providing feedback in dependence on the similarity measure.
`
`15
`
`15.
`comprising the measuring system (1) according to claim 4, means for monitoring food
`
`A system for determining the calorie balance of a subject, the system
`
`consumption, and means for deriving the calorie balance using the derived energy
`
`expenditure.
`
`20
`
`16.
`
`A method of estimating a derived value relating to a subject, the method
`
`comprising
`
`- ,obtaining at ieast one measured value from a sensor (6) attached to a body
`
`part of the subject, the measured value representing a physical or a physiological quantity of
`
`the subject at the body part to which the sensor is attached, and
`
`25
`
`- determining which body part the sensor is attached to by analyzing on the
`
`basis of a predefined set of rules related to the measured value a signal from the sensor for
`
`features that are position dependent, and
`
`- deriving the subject-related value from the measured value also in
`
`dependence on which body part the sensor is attached to.
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 21 of 274 Page ID
` #:2586
`
`AMENDED SET OF CLAIMS:
`
`16
`
`22.12.2010
`
`1.
`
`A measuring system (1) comprising
`
`- an accelerometer ( 6) arranged to be attached at a plurality of body parts of a .
`
`subject for obtaining a measured value representing a physical or a physiological q\lantity of
`. .
`
`.
`
`the subject at a body part to which the accelerometer is attached,
`
`5
`
`- means for deriving a subject-related value from the measured·value in
`
`dependence on which body part the accelerometer is attached to,
`
`characterized in the measuring system further comprising
`
`- means for determining on which body part of the subject the accelerom~ter is
`
`attached to by analyzing on the basis of a predefined set of rules related to the measured.
`
`10
`
`value a signal from the accelerometer for features that are position dependent.
`
`2.
`
`The measuring system (1) according to claim 1, wherein the phirality of body
`
`parts 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.
`
`15
`
`3.
`
`The measuring system (1) according to claim 1, whereinthe c,lerived val.ue
`
`comprises an activity parameter of the subject,
`
`the activity parameter comprising energy expenditure.
`
`20
`
`4.
`
`Th~ measuring system ( 1) according to claim 1, wherein the activity parameter
`
`represents a degree of activity of the body part the accelerometer is attached to.
`
`5.
`
`The measuring system (1) according to claim 1, wherein the measured value
`
`comprises at least one of temperature, ECG, or acceleration, in particular tri-axial
`
`25
`
`acceleration.
`
`6.
`
`The measuring system ( 1) according to claim 1, further comprising means for
`
`selecting a subset of a predefined set of further physical and/or physiological quantities of the
`
`subject in dependence on which body part of the subject the accelerometer is attached to, and
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 22 of 274 Page ID
` #:2587
`
`the accelerometer is arranged for generating a further measured value for each quantity in the
`
`17
`
`22.12.2010
`
`selected subset.
`
`7.
`
`The measuring system ( 1) according to claim 1, further comprising
`
`5
`
`- means for converting the measured value into an estimated measured value
`
`related to a reference position on the subject, and
`
`- means for deriving the subject-related value from the estimated measured
`
`value.
`
`8.
`
`The measuring system (1) according to claim 1, wherein the means for
`
`determining to which body part the accelerometer is attached is arranged for performing the
`
`determining in dependence on the measured value.
`
`9.
`
`The measuring system (1) according to claim 8, further comprising means for•
`obtaining from the accelerometer(6) a plurality of measured values measured during a time
`
`15
`
`interval, and wherein the means for determining to which body part the accelerometer is
`
`attached is arranged for performing the determining in dependence on the measured values
`
`measured during the time interval.
`
`20
`
`10.
`
`The measuririgsystem (1) according to Claim 8 or 9, wherein the means for
`
`determining to which body part the accelerometer (6) is attached is arranged for performing
`
`the determining on the basis of a predefined set of rules related to the measured value or
`
`measured values measured. during the time interval, respectively.
`
`25
`
`11.
`
`The measuring system (1) according to claim 9, wherein the means for
`
`determining to which body part the accelerometer ( 6) is attached comprises means for
`
`performing a pattern recognition of a signal derived from the measured values measured
`
`during the time interval.
`
`30
`
`12.
`
`The measuring system (1) according to claim 8 or 9, further comprising means
`
`for determining that the user is performing a standardized activity, and wherein the means for
`
`determining to which body part the accelerometer is attached is arranged for using at least
`
`one measured value obtained from the accelerometer (6), the measured value relating to a
`
`time the user is performing the standardized activity.
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 23 of 274 Page ID
` #:2588
`
`18
`
`22.12.2010
`
`13.
`
`The measuring system (1) according to claim 1; further comprising a user
`
`interface for receiving input from a user related to which body part-of the subject the
`
`accelerometer is attached to.
`
`5
`
`14.
`
`The measuring system (1) according to claim 1, further comprising
`
`- means for establishing that the subject is performing a predetermined
`
`activity,
`
`- storage means for storing at least one pattern related to performing the
`
`10
`
`predetermined activity in a predetermined manner,
`
`- means for determining a similarity measure relating to a signal representing.
`
`the derived value and the stored pattern, and
`
`- means for providing feedback in dependence on the similarity measure,
`
`15
`
`15.
`
`A system for determining the calorie balance of a subject, the system
`
`comprising the measuring system (1) according to claim 4, means for monitoringfood
`
`consumption, and means for deriving the calorie balance using the derived· energy
`
`expenditure.
`
`20
`
`16.
`
`A method of estimating a derived value relating to a subject, the method
`
`comprising
`
`- obtaining at least one measured value from an accelerometer ( 6) attached to a
`
`bocly part of the-subject, the measured value representing a physical or a physiological
`
`quantity of the subject at the body part to which the sensor is attached, arid
`
`25
`
`- determining which body part the accelerometer is attached to, and
`
`- derivii:ig the subject-related value from the measured value also in
`
`dependence on which body part the accelerometer is attached to.
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 24 of 274 Page ID
` #:2589
`Blatt
`Sheet
`Feuille
`
`Anmelde-Nr:
`Application No: 0 6 8 3 2 0 8 5 . 2
`Demande n°:
`
`Datum
`Date
`Date
`
`01.04.2015
`
`1
`
`The objections raised in the summons were discussed.
`
`EPO Form 2906 01.91 TRI
`
`

`

`

`

`

`

`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 28 of 274 Page ID
` #:2593
`Blatt
`1
`Sheet
`Feuille
`
`Anmelde-Nr:
`Application No: 0 6 8 3 2 0 8 5 . 2
`Demande n°:
`
`Datum
`D~e
`Date
`
`01.04.2015
`
`Summary of Facts and Submissions
`
`1
`
`European patent application No. 06 832 085.2 having the title "DETECTION
`AND COMPENSATION METHOD FOR MONITORING THE PLACE OF
`ACTIVITY ON THE BODY" was filed on 05-12-2006 as PCT 2006 IB 05499. It
`claims priority of EP 05112250 filed on 15-12-2005. The applicant is
`Koninklijke Philips N.V.
`High Tech Campus 5
`5656 AE Eindhoven
`NL.
`
`2
`
`The first communication of the examining division made reference to the
`documents
`
`D1
`
`D2
`
`D3
`
`US 5 111 826 A (NASIFF ROGER E [US]) 12 May 1992
`(1992-05-12)
`
`EP 1 254 629 A1 (OMRON TATEISI ELECTRONICS CO [JP]
`OMRON HEALTHCARE CO LTD [JP]) 6 November 2002
`(2002-11-06)
`
`US 2003/065257 A 1 (MAUL T JAMES R [US] ET AL) 3 April 2003
`(2003-04-03)
`
`and raised objections i.a. under Articles 123(2), 52(1 ), 54(1) and (2) and 56
`EPC.
`
`3
`
`4
`
`In the response received on 27-01-2010 the applicant requested further
`examination on an amended set of claims and provided arguments in support
`of the patentability of these claims.
`
`In a communication under Article 94(3) EPC issued by the examining division
`on 19-08-2009, objections i.a. under Articles 123(2), 52(1 ), 54(1) and (2), 83
`and 84 EPC were raised.
`
`EPO Form 2916 01.91 TRI
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 29 of 274 Page ID
` #:2594
`Blatt
`Sheet
`Feuille
`
`Anmelde-Nr:
`Application No: 0 6 8 3 2 0 8 5 . 2
`Demande n°:
`
`Datum
`Date
`Date
`
`01.04.2015
`
`2
`
`5
`
`6
`
`7
`
`In the response received on 22-12-2010 the applicant requested further
`examination and provided arguments in support of the patentability of
`amended sets of claims.
`
`On 30-06-2014 the examining division issued a summons to attend oral
`proceedings on 18.03.2015. In the annex to the summons, objections i.a.
`under Articles 52(1 ), 54(1) and (2), 83 and 84 EPC were raised.
`
`The following documents were cited:
`
`D4
`
`D5
`
`US 2006/112754 A1 (YAMAMOTO HIROSHI [JP] ET AL) 1 June
`2006 (2006-06-01)
`
`WO 2004/091400 A1 (MATSUSHITA ELECTRIC IND CO LTD) 28
`October 2004 (2004-10-28)
`
`8
`
`On 18.03.2015, oral proceedings were held in applicant's absence. During the
`oral proceedings, the objections raised in the summons were discussed.
`
`Since there is no allowable set of claims on file, the application was refused
`(Art. 97(2)).
`
`9
`
`The decision is based on the following request(s):
`
`Main Request
`
`Description, Pages
`
`1, 2, 4, 5, 7,
`9-15
`
`filed on
`
`3, 6,6a,8
`
`filed on
`
`Claims, Numbers
`
`1-16
`
`filed on
`
`Drawings, Sheets
`
`EPO Form 2916 01.91 TRI
`
`27-01-2010
`
`22-12-2010
`
`22-12-2010
`
`

`

`Case 2:19-cv-06301-AB-KS Document 87-3 Filed 07/31/20 Page 30