Case 1:19-cv-11586-IT Document 73-4 Filed 06/05/20 Page 1 of 20
`Case 1:19-cv-11586—IT Document 73-4 Filed 06/05/20 Page 1 of 20
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`EXHIBIT 4
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`EXHIBIT 4
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`Case 1:19-cv-11586-IT Document 73-4 Filed 06/05/20 Page 2 of 20
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`US008277377B2
`
`(12) United States Patent
`Quy
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8,277,377 B2
`Oct. 2, 2012
`
`(54) METHOD AND APPARATUS FOR
`MONITORING EXERCISE WITH WIRELESS
`INTERNET CONNECTIVITY
`
`(75) Inventor: Roger J. Quy, Mill Valley, CA (US)
`
`(73) Assignee: Q-Tec Systems LLC, Wilmington, DE
`(US)
`
`(*) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 32 days.
`
`(21) Appl. No.: 12/211,033
`
`(22) Filed:
`
`Sep.15, 2008
`
`(65)
`
`Prior Publication Data
`US 2009/OO69643 A1
`Mar. 12, 2009
`
`Related U.S. Application Data
`(63) Continuation of application No. 1 1/649,703, filed on
`Jan. 3, 2007, now abandoned, which is a continuation
`of application No. 1 1/184,274, filed on Jul. 18, 2005,
`now Pat. No. 7,156,808, which is a continuation of
`application No. 10/418,845, filed on Apr. 18, 2003,
`now Pat. No. 6,936,007, which is a continuation of
`application No. 09/738,270, filed on Dec. 15, 2000,
`now Pat. No. 6,602,191.
`(60) Provisional application No. 60/172,486, filed on Dec.
`17, 1999.
`
`(51) Int. Cl.
`(2006.01)
`A6 IB5/00
`(52) U.S. Cl. ......... 600/300; 600/301; 128/903; 128/920
`(58) Field of Classification Search ........................ None
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`4,282,883. A
`8/1981 Yerushalmy
`5,012,814 A
`5/1991 Mills et al.
`5,307,263. A
`4, 1994 Brown
`5,357.427 A 10/1994 Langen et al.
`5,410,471 A * 4/1995 Alyfuku et al. ............... 600/300
`5.434,611 A
`7/1995 Tamura
`5,441,047 A
`8, 1995 David et al.
`5,474,090
`* 12/1995 Begun et al. .................. 600,520
`A
`(Continued)
`
`JP
`
`FOREIGN PATENT DOCUMENTS
`92.24917
`9, 1997
`(Continued)
`OTHER PUBLICATIONS
`U.S. Appl. No. 60/264,739, filed Jan. 2011, Posa et al.
`(Continued)
`Primary Examiner — Sam Yao
`Assistant Examiner — Shirley Jian
`(74) Attorney, Agent, or Firm — Mark D. Wieczorek:
`Mayer & Williams PC.
`(57)
`ABSTRACT
`A method and apparatus are provided for wireless monitoring
`of exercise, fitness, or nutrition by connecting a web-enabled
`wireless phone to a device which provides exercise-related
`information, including physiological data and data indicating
`an amount of exercise performed. The connection may be by
`way of a wireless connection using protocols such as Blue
`tooth R) or 802.11, or by way of a wired connection. An
`optional adaptor may be included if necessary. An application
`for receiving the exercise-related information and providing a
`user interface may be downloaded to the web-enabled wire
`less phone from an internet server. The exercise-related infor
`mation may be transmitted to an internet server, and the server
`may calculate and return a response.
`19 Claims, 8 Drawing Sheets
`
`
`
`O
`
`

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`Case 1:19-cv-11586-IT Document 73-4 Filed 06/05/20 Page 3 of 20
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`US 8,277.377 B2
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`U.S. PATENT DOCUMENTS
`5,544,649 A
`8, 1996 David et al.
`5,544,661 A
`8, 1996 Davis et al.
`5,549,117 A
`8, 1996 Tacklind et al.
`5,553,609 A
`9, 1996 Chen et al.
`5,576,952 A 11/1996 Stutman et al.
`5,601.435 A
`2/1997 Quy
`5,626,144 A
`5, 1997 Tacklind et al.
`5,678,562 A 10, 1997 Sellers
`5,701,904 A 12/1997 Simmons et al.
`5,704,366 A
`1/1998 Tacklind et al.
`5,724,025 A
`3, 1998 Tavori
`5,732,709 A
`3, 1998 Tacklind et al.
`5,735,285 A
`4, 1998 Albert et al.
`5,752,917 A
`5, 1998 Fuchs
`5,772.586 A
`6, 1998 Heinonen et al.
`5,791,342 A
`8, 1998 Woodard
`5,931,791 A
`8, 1999 SaltZStein et al.
`5,933,136 A
`8, 1999 Brown
`5,935,060 A
`8, 1999 Iliff
`5,941,829 A
`8, 1999 SaltZStein et al.
`5,951,300 A
`9, 1999 Brown
`5,959,533 A
`9/1999 Layson et al.
`5,964,701 A 10, 1999 Asada et al.
`5,967,975 A 10/1999 Ridgeway
`5,987,352 A 11/1999 Klein et al.
`5,987,519 A 11/1999 Peifer et al.
`5,997.476 A 12, 1999 Brown .......................... 600/300
`6,013,007 A
`1/2000 Root et al. ........................ 482/8
`6,022,315 A
`2, 2000 Iliff
`6,024,699 A
`2/2000 Surwit et al.
`6,050,940 A
`4/2000 Braun et al.
`6,055,506 A
`4/2000 Frasca, Jr.
`6,057,758 A
`5/2000 Dempsey et al.
`6,059,692 A *
`5/2000 Hickman .......................... 4828
`6,083,156 A
`7/2000 Leseicki
`6,093,146 A
`7/2000 Filangeri
`6, 101478 A
`8, 2000 Brown
`6,139,494 A 10/2000 Cairnes ......................... 600/300
`6,144,837 A 1 1/2000 Quy
`6, 160,478 A 12/2000 Jacobsen et al.
`6,168,563 B1
`1/2001 Brown
`6,190.324 B1
`2/2001 Kieval et al.
`6,266,645 B1
`7/2001 Simpson
`6,309.342 B1 * 10/2001 Blazey et al. ................... 600/26
`6,319,199 B1
`1 1/2001 Sheehan et al.
`6,336,900 B1
`1, 2002 Alleckson et al.
`6,353,839 B1
`3/2002 King et al. .................... T15,236
`6,375,614 B1
`4/2002 Braun et al.
`6,386,882 B1
`5/2002 Linberg
`6,416.471 B1
`7/2002 Kumar et al.
`6,418,346 B1
`7/2002 Nelson et al.
`6,440,068 B1
`8, 2002 Brown et al.
`3. R 838. E. al
`6478,736 B1
`11, 2002 RE Ca
`6,524, 189 B1
`2/2003 Rautila ........................... 463/40
`6,529,771 B1
`3/2003 Kieval et al.
`6,602,191 B2
`8/2003 Quy
`6,610,012 B2
`8, 2003 Mault
`6,736,759 B1
`5, 2004 Stubbs et al.
`6,790, 178 B1
`9/2004 Mault et al. ................... 600/300
`6,856,832 B 1
`2/2005 Matsumura et al.
`6,936,007 B2
`8/2005 Quy
`6,976,958 B2 12/2005 Quy
`2001/000583.0 A1
`6/2001 Kuroyanagi ...................... 705/2
`2002fOO16719 A1
`2/2002 Nemeth et al.
`2002fOO19584 A1
`2/2002 Schultze et al.
`2002fOO26223 A1
`2, 2002 Riff et al.
`2002fOO72785 A1
`6, 2002 Nelson et al.
`2002fOO82480 A1
`6, 2002 Riff et al.
`2002/O12031.0 A1
`8, 2002 Linden et al.
`2003,0004554 A1
`1, 2003 Riff et al.
`2003, OO72424 A1
`4/2003 Evans et al.
`2003/O139785 A1
`7, 2003 Riff et al.
`2003/0204413 A1 10, 2003 Riff
`
`
`
`JP
`JP
`JP
`JP
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`WO
`
`FOREIGN PATENT DOCUMENTS
`110471.01
`2, 1999
`11122369
`4f1999
`11259.783
`9, 1999
`2002,344660 A 11, 2002
`WO95/3248O
`11, 1995
`WO 97.28736
`8, 1997
`WO 97.28.737
`8, 1997
`WO 98.24358
`6, 1998
`WO 98,38909
`9, 1998
`WO99,04687
`2, 1999
`WO99,14882
`3, 1999
`WO99/41682
`8, 1999
`WO99/44494
`9, 1999
`WO99/46718
`9, 1999
`WOOO,36900
`6, 2000
`WOOOf 4014.5
`T 2000
`WOOO,542.05
`9, 2000
`WOOO,542O6
`9, 2000
`WOOOf 62.662
`10, 2000
`WOO1/24038
`4/2001
`
`OTHER PUBLICATIONS
`U.S. Appl. No. 60/264,739, filed Jan. 2001, Posa et al.
`Jyrki Oraskari; “Bluetooth versus WLAN IEEE 802.11X”; Helsinki
`University of Technology (Department of Computer Science and
`Engineering) Nov. 2000.
`Jack Smith ; Your Personal Health Buddy; ABCNews.com: http:/
`abcnews.go.com/sections/tech/CuttingEdgefcuttingedge990225.
`html: 3 pages (Nov. 24, 2000).
`The Health Hero Communications Platform; The Health Hero Net
`A re.
`work Online Services; http:/www.hhn.com/products/Index.html; 2
`pages (Nov. 24, 2000).
`“Cell Phones Cameras Put Doctors in the Picture', Feb. 21, 2005, 1
`page,
`http://news.healingwell.com/index.php?p=
`mewS1&id=5241 18.
`Painless Blood-Glucose Monitoring; Kumertrix Technology Over
`view; http:/www.kumertrix.com/technology.html; 2 pages; Nov. 24.
`2000.
`Technology & Clinical Results-Simple Solutions Through Technol
`ogy-Progression of Glucose Monitoring Technology; Amira ; http:/
`amira.com/tech/tc tech.htm: 2 pages; Nov. 24, 2000.
`Wired for Wellness : LifeChart.com: http:/www.lifechart.com ; 2
`pages; Nov. 24, 2000.
`About Data Critical Corporation; Yahoo-Data Critical to Provide
`Mallincrodt with Wireless Connectivity for Ventilators : http:/biz.
`yahoo.com/prnews/001012/mo mallinc.html; 1 page; Nov. 24.
`2000.
`Bluetooth wireless technology-bridging the gap between computing
`and communication; Bluetooth Technology; http://www.intell.com
`mobile/bluetooth?; 2 pages; Nov. 28, 2000.
`Bluetooth resource center; What is Bluetooth ?: pallowireless.com;
`www.patowireles.com infooth waisap. 3 pages; Nov. 28.
`Bluetooth Tutorial ; pallowireless.com bluetooth resource center;
`http://www.palowireless.com/infortooth? tutorial.asp; 4 pages; Nov
`28, 2000 p
`.asp; 4 pages; NOV.
`Bluetooth Profiles; palowireless.com bluetooth resource center,
`http://www.palowireless.com/infortooth tutorial/profiles/asp;
`4
`pages; Nov. 28, 2000.
`Nick Hunt; Bluetooth Venus 802.11; TDK Systems; http://www.
`cellular.com.za/bluetooth versus 802.htm;4 pages; Nov. 28, 2000.
`Bluetooth vs. Airport (802.11 Network); pallowireless.com—
`Bluetooth resource center; http://www.palowireless.com/infotooth
`knowbase/othernetworks, 15.asp; 3 pages; Nov. 28, 2000.
`Personal Digital Assistants; A2 Anytime/Anywhere—A Weekly on
`Wireless Infrastructure and Data Services; Thomas Weisel Partners
`(Merchant Banking); 5 pages; Nov. 29, 2000.
`Ashlee Vance; Ericsson and Intel Make Bluetooth Pact; InfoWorld.
`COm,
`http://www.infoWorld.com/articles/hn/xml/00/12/04/
`001204hnericintel.xml?T...?printarticle.htm; 1 page; Dec. 4, 2000.
`Personal Portable Office; Nokia 9000il digital; http://www.nokiausa.
`com/9000il; 4 pages; Dec. 7, 2000.
`
`

`

`Case 1:19-cv-11586-IT Document 73-4 Filed 06/05/20 Page 4 of 20
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`US 8,277.377 B2
`Page 3
`
`Pui-Wing Tam; Handspring Homes; Article from the Wall Street
`Journal; Section B; Nov. 2000.
`Author unknown; Articles on Phones and New Technologies; Article
`from the Wail Street Journal; Nov. 2000.
`David Pringle; Sagen to Launch Hand-held Computer that Doubles
`as Top-End Mobile Phone; Article from the Wall Street Journal; Nov.
`2000.
`Svensson, Peter; "Cisco Launches WiFi Phone' Article from Austra
`lian IT; Apr. 29, 2003.
`“Breakthrough Devices Shown At ADA'published in Diabetes News
`for Jul. 1, 2001 at http://www.diabetesnet.com/news/news070101.
`php.
`"iMetrikus' published at http://www.qualcomm.com/qwbs/re
`Source/resourcelib casestdy.shtml.
`"Applications of MedStar” published on Apr. 27, 2003 by Cybernet
`Medical, 16 pages.
`“HIPAA & WiFi. Regulatory Tangles for Wireless Health CareNet
`works Analyzed” published at http://www.hipaadvisory.com/tech/
`wireless.htm.
`“Medtronic CareLink Network. How it Works' published at http://
`www.medtronic.com/carelink/features.html.
`“FDA Approves Medtronic CareLinkTM Monitor and Software,
`Opening a New Chapter in Patient Management Using Internet Tech
`nology”. Medtronic News Release dated Jan. 2, 2002.
`
`“The MedStar System. How the MedStar System Works” brochure
`published by Cybernet Medical.
`"iMetrikus Mobile Solutions' brochure by iMetrikus, Inc.
`“Instromedix Products' published at www.instromedix.com/
`pages/products.asp. 7 Pages.
`Joseph Finkelstein, el al., “Web-Based Monitoring of Asthma Sever
`ity: A New Approach to Ambulatory Management”. Proc. 1998 IEEE
`Int’l Conf. on Info Tech. Applications in Biomedicine, 1998, pp.
`139-143.
`Yan Xiao, PhD. et al., “Design and Evaluation of a Real-Time Mobile
`Telemedicine System for Ambulance Transport', Proceedings of the
`1998 American Medical Informatics Association Annual Fall Sym
`posium, 1998, pp. 1102-1 103.
`Yan Xiao, PhD. et al., “Design and Evaluation of a Real-Time Mobile
`Telemedicine System for Ambulance Transport'. The Journal of
`High Speed Networks, 2000, vol. 9 (1), pp. 47-56.
`EFI Framework Draft Version 0.8 (Jun. 3, 2000); External Function
`ality Interface Framework; pp. 1-35.
`Internet Press Release: New York Business Wire (Sep. 25, 2000);
`MedSearch Technologies, Inc. Develops a Revolutionary Home
`Care Wireless Technology Utilizing PSA's-Personal Organizers-as
`Patient Monitors.
`* cited by examiner
`
`

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`1.
`METHOD AND APPARATUS FOR
`MONITORNG EXERCISE WITH WIRELESS
`INTERNET CONNECTIVITY
`
`CROSS-REFERENCE TO RELATED
`APPLICATIONS
`
`This is a continuation of U.S. patent application Ser. No.
`1 1/649,703, filed Jan. 3, 2007, entitled “Method and Appara
`tus for Health and Disease Management Combining Patient
`Data Monitoring with Wireless Internet Connectivity, which
`is a continuation of U.S. patent application Ser. No. 1 1/184,
`274, filed Jul. 18, 2005, entitled “Method and Apparatus for
`Health and Disease Management Combining Patient Data
`Monitoring with Wireless Internet Connectivity, now U.S.
`Pat. No. 7,156,808, which is a continuation of U.S. patent
`application Ser. No. 10/418,845, filed Apr. 18, 2003, now
`U.S. Pat. No. 6,936,007, which is a continuation of U.S.
`patent application Ser. No. 09/738,270, filed Dec. 15, 2000,
`now U.S. Pat. No. 6,602,191, which is a conversion of U.S.
`Provisional Application Ser. No. 60/172,486, filed Dec. 17,
`1999. The disclosure of each of the prior applications is
`incorporated herein by reference in its entirety.
`
`10
`
`15
`
`REFERENCE TO GOVERNMENTAL SUPPORT
`
`25
`
`(none)
`
`REFERENCE TO MICROFICHEAPPENDIX
`
`(none)
`
`FIELD OF THE INVENTION
`
`The present invention relates to monitoring of living Sub
`jects, and more particularly to health-monitoring of persons
`where measured or input health data is communicated by a
`wireless device to and from a software application running on
`an internet-connected server and where the same may be
`studied and processed by the Software application, a health
`professional, or the Subject.
`
`BACKGROUND OF THE INVENTION
`
`30
`
`35
`
`40
`
`2
`Previous patents by the Inventor addressed both of these
`disadvantages, as well as the need to reduce health care costs
`through providing educational health care information and
`interactive physiological monitoring in the home environ
`ment by means of a user-friendly, interactive system (see,
`e.g., U.S. Pat. Nos. 5,601,435, 6,144,837, and continuations
`thereof).
`These previous patents were based on a video game con
`sole, or a multimedia player using a conventional television
`screen as the display device to achieve a system which is
`simpler to use than systems based on a personal computer. An
`initial embodiment of the previous patents utilized a compact
`disc to provide interactive information for disease manage
`ment.
`Even with the advantages provided, these systems limited
`the user to location in which the device was located. Even
`where devices are portable, as in the case of a laptop computer
`with a modem, an ordinary POTS phone line must be found
`and used. Where the user's computer employs a broadband
`connection, such as DSL or satellite, the choices of location
`are even more limited.
`Attempts have been made to remedy this deficiency. For
`example, many telemetry systems allow a “wireless' distance
`to be placed between a health measuring unit and a remote
`monitoring system. However, such systems are limited in
`their range.
`Other systems have used cellular telephone technology to
`increase the wireless health monitoring range. However,
`these systems have several deficiencies, such as requiring
`significant modification of the mobile phone. For example,
`U.S. Pat. No. 5,772,586, issued Jun. 30, 1998 to Heinononet
`al., discloses a method for monitoring the health of a patient.
`This system uses a specialized connection between the
`patient health measuring unit and the cellular phone, how
`ever. The patient health measuring unit is located in the bat
`tery space of the mobile phone and is connected to a commu
`nication bus of the mobile phone. Other systems have been
`proposed, but these suffer from similar deficiencies in that
`they are not designed to be used with “off-the-shelf wireless
`devices or health measuring equipment.
`The deployment of the above systems also currently lacks
`employment of fullback-end server functionality with which
`to provide a wide range of interactive communication with
`the patient. Instead, Such systems, if internet-enabled, are
`often limited to mere one-way non-interactive data transfer
`via a modem. While Some systems are more enhanced,
`including that disclosed in U.S. Pat. No. 5,357,427, issued
`Oct. 18, 1994 to Langen, et al., and entitled “Remote Moni
`toring of High-Risk Patients using Artificial Intelligence'.
`these systems are limited by the wired telecommunications
`infrastructure.
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`Several attempts have been made in the past to achieve
`efficient interactive communication of medical or health
`information between a subject or patient and a reviewer or
`provider of that information. In particular, communication of
`consumer physiological information has been a Subject of
`such attempts. It is noted that in this regard the “reviewer or
`provider of medical or health information' is understood to
`include not only a physician but also a software application or
`algorithm that may analyze the information.
`Medical or health information has been made available on
`a D-ROM accessible by a home computer system. This pas
`sive approach had certain disadvantages. First, although the
`personal computer is prevalent is the United States, it is
`generally too expensive for a consumer physiological moni
`toring system and there are many people who find it too
`complicated to set up and use for that purpose. High-risk,
`chronically ill patients, responsible for more than half of
`health care costs in the United States and forming the fastest
`growing segment of those requiring health care, are indeed
`the most likely not to be able to afford or use a system built
`around a personal computer. In addition, Such systems are
`limited in their interactivity to the information stored on the
`CD.
`
`SUMMARY OF THE INVENTION
`
`Embodiments of the present invention overcome one or
`more of the disadvantages of the prior art by providing a
`full-feature health-monitoring system that may wirelessly
`connect to a back-end server application via the internet. The
`invention allows wireless access to and from a wide variety of
`present medical or health-related instruments and devices,
`while maintaining the capability of connecting to future Such
`devices.
`In particular, the invention may be embodied in several
`systems. Two complementary Such systems are described
`herein, although extensions to other such systems can be
`envisioned. First, an embodiment of the invention may be
`employed to manage the disease state or condition of a
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`US 8,277,377 B2
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`the WWD. The adaptor allows connection of the WWD to a
`medical device, exercise machine or other variety of health
`care equipment, and the connection may be made via several
`techniques. As for wired techniques, a standard parallel bus or
`serial cable may be used if the input/output ports between the
`HMD and the WWD are appropriate. Otherwise, a suitable
`separate adaptor may be employed.
`The connection may also be an input such as a disk drive or
`other media input for input of data, a USB port or phone jack
`or other Such wired input, again employing an adaptor if
`required.
`As for wireless techniques, infrared (IR), microwaves,
`radio frequency (RF), e.g., Bluetooth R) or IEEE 802.11 pro
`tocols, optical techniques including lasers, and other Such
`techniques may be used. The patientor Subject may also input
`data manually, such as by a stylus, keypad, synchronization
`from a PC, or by various other techniques discussed below.
`A major advantage of the invention is that by use of an
`optional adaptor, the system is compatible with current and
`prior HMDs as well as maintaining a capability of adapting to
`future Such systems.
`Other advantages of the invention may include one or more
`of the following. An embodiment of the invention may be
`used when a patient is traveling or otherwise away from their
`"wired” means of communication. The invention allows
`wireless health-monitoring to the level of accuracy previ
`ously achieved only by desktop so-called “wired computer
`systems. The invention is protocol-independent.
`The interaction between a WWD and a back-end server
`may provide a major additional advantage in certain embodi
`ments of the invention. In particular, the relatively small
`amount of memory currently provided on a WWD as com
`pared to a back-end server severely limits the functionality of
`applications running on the WWD, especially in terms of
`computing capacity, processing power, and user interface. By
`providing significant application functionality on the back
`end, less memory and processing capabilities become neces
`sary on the WWD (i.e., on the “front-end'). Thus, memory
`may be used in the WWD for an enhanced user interface or for
`other purposes, according to the user requirements.
`In a method according to an embodiment of the invention,
`the patient connects to a specific Internet site and a Software
`program, resident on a remote server located on the Internet,
`downloads an interactive user interface for that patient and an
`application for the measurement of the physiological data.
`The software may also be downloaded to the WWD from a
`personal computer via a synchronization operation in known
`fashion. The software provides a personalized display for the
`user and configures the WWD to control and monitor devices
`connected via a generic input/output port to the WWD. The
`Software may be designed to Suit the constraints of the Small
`display screens of WWDs. The software, as well as inputs
`from the patient or other inputs, can control the manner,
`content, and display of information presented to the patient,
`and measured or input data can be stored for review by a
`healthcare provider or by a software algorithm or application.
`The algorithm may be of varying complexity, from a simple
`program that merely acknowledges receipt of information to
`an artificial intelligence algorithm, such as an expert System,
`collaborative filtering system, rules based system, case-based
`reasoning system, or other such artificial intelligence appli
`cation.
`Further information may be provided to or from the patient,
`including information entered manually. The patient may
`input this information via a personal computer, which then
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`patient. In this embodiment, the patient may employ a health
`monitoring device (“HMD), in particular a medical device,
`and a wireless connection provides data from the medical
`device for processing via the internet including a review by a
`physician or other health care professional if required.
`In the second embodiment, a health or lifestyle manage
`ment plan may be implemented. Various health parameters,
`Such as those relating to nutrition or exercise, may be entered
`into a health monitoring device, in this instance termed an
`“exercise machine', and the same may be wireless commu
`nicated to a server. An application may process and store the
`health parameters, and a health specialist may optionally
`review the same.
`Wireless internet connectivity has many advantages. For
`example, in the first embodiment, a diabetic could connect a
`blood glucose meter to an internet-enabled wireless web
`device (“WWD) away from home and download data to a
`Diabetes Management Company's server and, in response,
`receive guidance displayed on the screen (or by Voice) about
`choices for the next meal.
`Alternatively, in the second embodiment, a person inter
`ested in tracking an exercise program may take the WWD to
`the local health club and attach the same to an exercise
`machine, send data output from various exercise machines
`over the Internet, and receive a personalized response from
`the server of a company specializing in Health & Lifestyle
`Management. The individual may input caloric content of
`foods eaten, and may further input caloric content of exercise
`performed. In this way, e.g., a person in a weight-loss pro
`gram may see in great detail whether they are expending more
`calories in the form of exercise than the same individual is
`consuming in the form of food.
`In general, in the health management embodiment, the
`system may be employed to monitor the physiologic status of
`a healthy Subject while eating, exercising, or performing
`other activities. For clarity, such devices are termed herein
`“exercise machines”. These may include an electronic body
`weight scale, a body fat gauge, biofeedback devices, physio
`therapy or chiropractic equipment, blood pressure recorders,
`or the like, or any type of exercise machine or monitor, includ
`ing a heart rate monitor, treadmill, rowing machine, stepper,
`or the like.
`In more detail, the present invention provides a method and
`system for assisting patients to manage a disease or maintain
`healthy lifestyle by collecting health-related data and provid
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`ing information in response to those data by means of a WWD
`designed to display interactive information through a connec
`tion to the Internet. The present invention may be connected
`to various HMDs, both medical and exercise-related in
`nature, and may communicate information via a wireless
`connection Such as a wireless Internet connection.
`A major advantage of embodiments of the invention is that
`the same frees the patient from the constraints of wired sys
`tems. The same allows users with consumer "off-the-shelf
`wireless devices to significantly extend the range of connec
`tivity over that of wired computer, television, or even wireless
`telemetry systems.
`In a first embodiment of the present invention, the WWD is
`a web-enabled cellular phone. Here it is noted that the term
`“web' or “internet” are used interchangeably to refer to the
`internet in general. In a second embodiment, the WWD is a
`palm, handheld, or laptop computer, or a PDA, equipped with
`a wireless modem. In a third embodiment, the WWD may be
`a hybrid device that combines the functions of a computer,
`PDA and telephone.
`An adaptor is used if necessary to convert the output signal
`of the medical monitoring device to a suitable input signal for
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`US 8,277,377 B2
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`cisers, or a monitor, include monitors for temperature, heart
`rate, blood pressure, amount of work or rate of work per
`formed, etc.
`The term “subject’ as used herein primarily indicates a
`human Subject. The same may be a medical patient under
`physician care, a person interested in maintaining health via
`accurate recording of nutrition and exercise, and so on. The
`term “user is generally used to refer to the user of the device,
`which may be synonymous with the Subject or may alterna
`tively be a caregiver of the subject, etc. The term “patient' is
`used, in addition to a person under the care of a physician, to
`also refer to a “normal” or healthy individual who is inter
`ested in maintaining a healthy physiologic balance.
`The term “signal communication' is used to mean any type
`of connection between components where the connection is,
`e.g., electromagnetic, and where the connection allows infor
`mation to be passed from one component to another. This
`term may be used in a similar fashion as “coupled”, “con
`nected, “information communication”, “data communica
`tion', etc. The following are examples of signal communica
`tion schemes. As for wired techniques, a standard bus or serial
`cable may be used if the input/output ports are compatible and
`an optional adaptor may be employed if they are not. As for
`wireless techniques, IR, microwaves, RF, e.g., Bluetooth R) or
`IEEE 802.11 protocols, optical techniques including lasers,
`and other Such techniques may be used. The patientor Subject
`may even input data manually, such as by a stylus or keypad
`or by various other techniques discussed above and below.
`The term “generic input/output port is used to mean any
`type of convention, standard, universal, stock, consumer, or
`“off-the-shelf type of port for data input and output. These
`may include both wired and wireless ports. A further descrip
`tion is given below.
`Various embodiments of the invention are now described in
`more detail.
`Referring to FIG. 1, a system of the present invention is
`shown for monitoring health data from a patient or subject38.
`The system includes a wireless health-monitoring apparatus
`(“WHMA) 10 described in further detail below. WHMA 10
`is linked in a wireless fashion to a wireless connection point
`of presence (“POP”) 19, the same including at least a base
`station antenna 15 coupled to a server 17. Server 17 is in turn
`connected to the wired, or even a wireless (not shown) Inter
`net 21, which may include the World WideWeb.
`Referring to FIG. 2, an first embodiment of WHMA 10 is
`shown. WHMA 10 includes an HMD 11, which may include
`an optional monitor screen 40, coupled via an optional adap
`tor 42 to a WWD 12. WWD 12 connects wirelessly via an
`antenna 60 to base station 15 (see FIG. 1). One function of
`WWD12 is to provide the user interface; other functions are
`described below.
`As noted above, HMD 11 may include a physiologic sensor
`24 or may include a manual system 36 for input of physi
`ologic data via a connection 34. Manual system 36 may also
`be used to input data directly into WWD 12 via a connection
`32. Manual system 36 may include, e.g., a keyboard 30, a
`mouse 26, a pen-type device 28, and may also employ a
`separate monitor (not shown). Of course, the user may also
`view information on monitor 40 or on a screen 41 of WWD
`12. In many embodiments, the stylus-based system employed
`by many current PDAs, such as the PalmR), may be preferred
`for Such manual data input.
`Data may also be input via entry on a computer 37. This
`data may th