throbber
(12) United States Patent
`Mault et al.
`
`111111
`
`1111111111111111111111111111111111111111111111111111111111111
`US006513532B2
`US 6,513,532 B2
`Feb.4,2003
`
`(10) Patent No.:
`(45) Date of Patent:
`
`(54)
`
`DIET AND ACTIVITY-MONITORING
`DEVICE
`
`(75)
`
`Inventors: James R. Mault, Evergreen, CO (US);
`Edwin Pearce, San Francisco, CA
`(US); David Gilmore, San Francisco,
`CA (US); Roshi Givechi, San
`Francisco, CA (US); Jeanne Ragan,
`Plymouth, MI (US); Andrzej
`Skoskiewicz, Menlo Park; Neil
`Grimmer, San Francisco, both of CA
`(US)
`
`(73)
`
`Assignee: Healthetech, Inc., Golden, CO (US)
`
`( *)
`
`Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21)
`
`Appl. No.: 09/745,373
`
`(22) Filed:
`
`Dec. 23, 2000
`
`(65)
`
`Prior Publication Data
`
`US 2001/0049470 A1 Dec. 6, 2001
`
`Related U.S. Application Data
`(60) Provisional application No. 60/251,179, filed on Dec. 5,
`2000, provisional application No. 60/243,621, filed on Oct.
`26, 2000, provisional application No. 60/240,185, filed on
`Oct. 13, 2000, provisional application No. 60/230,860, filed
`on Oct. 7, 2000, provisional application No. 60/234,866,
`filed on Sep. 22, 2000, provisional application No. 60/212,
`319, filed on Jun. 16, 2000, provisional application No.
`60/209,921, filed on Jun. 7, 2000, provisional application
`No. 60/207,051, filed on May 25, 2000, provisional appli(cid:173)
`cation No. 60/207,089, filed on May 2'\, 2000, provisional
`application No. 60/201,902, filed on May 4, 2000, provi(cid:173)
`sional application No. 60/200,428, filed on Apr. 28, 2000,
`provisional application No. 60/195,779, filed on Apr. 10,
`2000, provisional application No. 60/194,126, filed on Apr.
`3, 2000, provisional application No. 60/179,882, filed on
`Feb. 2, 2000, provisional application No. 60/178,979, filed
`on Jan. 28, 2000, and provisional application No. 60/177,
`016, filed on Jan. 19, 2000.
`Int. Cl? ......................... G06F 17/00; A61B 5/103;
`A61B 5/112
`
`(51)
`
`(52)
`(58)
`
`(56)
`
`U.S. Cl. ........................................ 128/921; 600/595
`Field of Search ................................. 600/595, 587,
`600/300, 301; 128/920-921
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`3,972,038 A
`4,100,401 A
`4,101,071 A
`4,117,834 A
`4,159,416 A
`4,192,000 A
`4,212,079 A
`4,221,959 A
`4,224,952 A
`4,244,020 A
`4,321,674 A
`4,353,375 A
`4,380,802 A
`4,387,777 A
`
`7/1976 Fletcher et al. ........ 340/189 M
`7/1978 Tutt et al. ................. 235!92 T
`7/1978 Brejnik et al. ......... 235!92 MT
`10/1978 McPartland et al. ........ 128/2 S
`6/1979 Brejnik et al. ......... 235/92 MT
`3/1980 Lipsey ....................... 364/415
`................ 364/900
`7/1980 Segar et al.
`9/1980 Sessier
`9/1980 Sidorenko et al. .......... 128/782
`111981 Ratcliff ....................... 364/413
`............. 364/413
`3/1982 Krames et al.
`10/1982 Colburn et al. ............. 128/782
`4/1983 Segar et al.
`. . . . . . . . . . . .. . .. 364/900
`6/1983 Ash ............................ 177/43
`
`(List continued on next page.)
`
`Primary Examiner~evin Shaver
`Assistant Examiner-Navin Natnithithadha
`(74) Attorney, Agent, or Firm-Gifford, Krass, Groh,
`Sprinkle, Anderson & Citkowski, P.C.
`
`(57)
`
`ABSTRACT
`
`A diet and activity-monitoring device includes a timer which
`outputs a time-indicative signal. A body activity monitor
`monitors the body activity of a subject and outputs a signal
`indicative of the body activity. A consumption notation
`control is provided which the subject may operate to indicate
`when they consume food. An activity calculator receives the
`body activity signal and determines a body activity level for
`the subject. A consumption calculator communicates with
`the consumption notation control and receives the time(cid:173)
`indicative signal. The consumption calculator determines
`and stores the times when the consumption location control
`is operated.
`
`39 Claims, 8 Drawing Sheets
`
`ACTIVITY
`MON!TOR
`32
`
`4
`
`BODY 9
`
`~
`
`MODE
`
`38
`
`CPU
`
`30
`
`~
`CONTROL -
`r-
`
`CONSUMPTION
`~ NOTATION
`CONTROL
`36
`
`COMMUNICATION
`TRANSCEIVER
`
`44
`
`I
`
`DISPLAY
`4()
`
`I
`
`MEMORY
`
`42
`
`UA-1004.001
`
`

`
`US 6,513,532 B2
`Page 2
`
`U.S. PATENT DOCUMENTS
`1/1986 Lubell et al. ............... 128/668
`..........
`364/413
`2/1986 Silverman et al.
`3/1986 Ratcliff ....................... 364/715
`...................
`12/1986 Fried et al.
`177/25
`........................
`3/1987 Hawke
`283/67
`.................
`8/1987 Blum et al.
`364/415
`1/1989 Duboff .................. 364/413.29
`2/1989 Fu et al. ................ 364/413.03
`2/1989 Overbeck .............. 364/715.01
`4/1989 Clegg et al. ................ 128/773
`8/1989 Behar et al. ........... 364/413.01
`8/1989 Bianco ....................... 364/561
`8/1989 Sakai .................... 364/709.02
`1/1990 Williams, III .......... 364/413.29
`1/1990 Ikemoto et al. ........ 364/709.03
`3/1990 Attikiouzel .............. 177/25.16
`5/1990 Gerbaulet et al. ..... 364/413.29
`8/1990 Mellinger ................ 364/413.2
`........
`9/1990 Madsen et al.
`364/413.29
`10/1990 Jackson ...................... 128/671
`4/1991 Policastro et al. ..... 364/413.04
`7/1991 Hettinger ................. 177/25.16
`12/1992 Harrah ....................... 235/114
`8/1993 Kretsch et al. ........ 364/413.29
`11/1993 Thornton .................... 128/774
`4/1994 Brown .................. 364/413.09
`2/1995 Brown. Jr. ..................... 482/9
`2/1995 Hettinger ............... 364/413.29
`3/1995 Laniado ................. 128/660.02
`5/1995 Dennison ............... 364/413.01
`5!1995 Ecer ........................... 364/413
`10/1995 Kuch ......................... 434/127
`12/1995 Shepley ...................... 235/375
`1/1996 Smith et al. ................ 364/566
`...........
`8/1996 Goldman et al.
`128/630
`6/1997 Goldman ................... 33/15 D
`10/1997 Abrams et al. ............. 128/630
`10/1997 Sellers ....................... 128/710
`11/1997 Gump ................... 364/709.01
`1/1998 Williams, III ............... 128/630
`3/1998 Bro ............................ 128/732
`
`4,566,461 A
`4,571,682 A
`4,575,804 A
`4,629,015 A
`4,650,218 A
`4,686,624 A
`4,796,182 A
`4,803,625 A
`4,807,169 A
`4,823,808 A
`4,853,854 A
`4,855,942 A
`4,855,945 A
`4,891,756 A
`4,894,793 A
`4,911,256 A
`4,924,389 A
`4,951,197 A
`4,954,954 A
`4,966,155 A
`5,012,411 A
`5,033,561 A
`5,173,588 A
`5,233,520 A
`5,263,491 A
`5,307,263 A
`5,387,164 A
`5,388,043 A
`5,398,688 A
`5,412,560 A
`5,412,564 A
`5,454,721 A
`5,478,989 A
`5,485,402 A
`5,542,420 A
`5,640,774 A
`5,673,691 A
`5,678,562 A
`5,691,927 A
`5,704,350 A
`5,722,418 A
`
`5,729,479 A
`5,788,655 A *
`5,819,735 A
`5,827,179 A
`5,828,943 A
`5,832,448 A
`5,836,312 A
`5,841,115 A
`5,845,263 A
`5,876,351 A
`5,890,128 A
`5,899,855 A
`5,908,301 A
`5,913,310 A
`5,918,603 A
`5,951,300 A
`5,954,510 A
`5,987,493 A
`5,989,188 A
`5,989,200 A *
`5,997,476 A
`6,013,007 A
`6,014,578 A
`6,024,281 A
`6,024,699 A
`6,030,342 A
`6,032,119 A
`6,032,676 A
`6,039,688 A
`6,040,531 A
`6,042,383 A
`6,045,513 A
`6,077,193 A
`6,083,006 A
`6,095,949 A
`6,095,985 A
`6,101,478 A
`6,135,950 A
`6,135,951 A
`6,139,494 A
`
`3/1998
`8/1998
`10/1998
`10/1998
`10/1998
`11/1998
`11/1998
`11/1998
`12/1998
`3/1999
`3/1999
`5/1999
`6/1999
`6/1999
`7/1999
`9/1999
`9/1999
`11/1999
`11/1999
`11/1999
`12/1999
`1/2000
`1!2000
`2/2000
`2/2000
`2/2000
`2/2000
`3/2000
`3/2000
`3/2000
`3/2000
`4/2000
`6/2000
`7/2000
`8/2000
`8/2000
`8/2000
`10/2000
`10/2000
`10/2000
`
`Golan ..... ... ... ... .. ... 364/709.02
`Yoshimura et al. ......... 600/587
`Mansfield et al.
`. . . . . . . . .. 128/630
`.............. 600/300
`Lichter et al.
`Brown ....................... 434/258
`Brown .... ... ... ... ........ ... .. 705/2
`Moore ........................ 128/897
`Shepley ...................... 235/375
`Camaisa et al. . .. . . . . . . . .. . . 705/27
`Rohde ........................ 600/523
`Diaz et al. ..................... 705/2
`Brown ....................... 600/301
`Lutz ........................... 434/236
`Brown . . . . .. . ... . .. . . . . . . . . .. 128/897
`Brown ....................... 128/897
`Brown ....................... 434/236
`Merrill et al.
`.............. 434/236
`Rangan et al. .............. 709/105
`Birkhoelzer et al. . . . . . . .. 600/300
`Yoshimura et al. ......... 600/587
`Brown ....................... 600/300
`Root et al. . . . . . . . .. . . . . . . . .. . . . 428/8
`Minoz ........................ 600/350
`Shepley ...................... 235/375
`Surwit et al. . . . . .. . . . . . . . .. 600/300
`Amano et al. . . . . . . . . . .. . .. 600/301
`Brown et al. .................. 705/2
`Moore ........................ 128/898
`Douglas et al. ............. 600/300
`Miller-Kovach et al. 177/25.16
`Herron ....................... 434/238
`Stone et al.
`. . . . . . . . . . . .. . .. 600/508
`Buhler et al. . . . . . . . . . . .. . .. . . . 482/8
`Coffman ..................... 434/127
`Arai .............................. 482/4
`Raymond et al. ........... 600/513
`Brown .......................... 705/2
`Adams ....................... 600/300
`Richardson et al. . ....... 600/300
`Caimes ...................... 600/300
`
`* cited by examiner
`
`UA-1004.002
`
`

`
`U.S. Patent
`
`Feb.4,2003
`
`Sheet 1 of 8
`
`US 6,513,532 B2
`
`FIG- 1
`
`Remote Server
`
`26
`
`Computer
`
`22
`
`24
`
`UA-1004.003
`
`

`
`U.S. Patent
`
`Feb.4,2003
`
`Sheet 2 of 8
`
`US 6,513,532 B2
`
`FIG- 2
`
`BODY
`ACTIVITY
`MONITOR
`32
`
`TIMER
`
`34
`
`MODE
`CONTROL
`38
`
`....
`
`...
`
`CPU
`
`30
`
`CONSUMPTION
`M-...t---t NOTATION
`CONTROL
`36
`
`MEMORY
`
`42
`
`,,
`
`'---------~---~ COMMUNICATION
`....
`TRANSCEIVER
`
`44
`
`DISPLAY
`40
`
`UA-1004.004
`
`

`
`U.S. Patent
`
`Feb.4,2003
`
`Sheet 3 of 8
`
`US 6,513,532 B2
`
`FIG- 3A
`
`68
`
`50
`
`s
`
`FIG- 38
`
`0
`
`78
`
`54
`
`UA-1004.005
`
`

`
`U.S. Patent
`
`Feb.4,2003
`
`Sheet 4 of 8
`
`US 6,513,532 B2
`
`GPS 82
`ANTENNA
`
`Exercise
`Equipment
`Monitoring
`Device 108
`
`FIG- 4
`
`GPS-BASED
`BODY
`ACTIVITY
`MONITOR 80
`
`L__ ___ __, - - - - - -
`
`TIMER
`
`86
`
`l
`
`\
`
`1
`
`,,
`
`110
`Manual Input t -
`
`1
`
`Respiration
`Sensor
`105
`-------.--
`------. __ ...._ __ -_ ----.
`,.....-Heart Rate
`--- -'-
`......... .
`Sensor
`109
`r-f- -- -------1
`l ,
`I
`I
`'--r~
`ACTIVITY 90
`Motion Sensor
`:
`114 1----'--1.,
`AudioNideo
`~------~ ~ CACULATOR
`I
`I
`I
`Input
`95
`I
`I
`: __ CONSUMPTION ~ J
`~~ CALCULATOR ~1~----~
`~-~~~~~~==~~
`96
`MODE106
`CONSUMPTION
`.__ ______ ___.
`:
`I
`CONTROL ~~
`CPU
`NOTATION
`I
`CONTROL
`88
`.-----~~~:
`(Button)
`:
`'--------------.t
`
`94
`
`92
`
`MEMORY
`
`COMMUNICATION
`L----~ TRANSCEIVER
`
`112
`
`DISPLAY
`
`98
`
`UA-1004.006
`
`

`
`I Activity Level vs. Time I
`
`Activity
`Level
`
`6 8 1 0 noon 2 4 6 8 1 0 12
`I Food Flags I
`
`Time
`
`)150
`
`~ •
`\J).
`•
`
`FIG· 5
`
`Time
`
`Consumption Log
`
`# Time Duration
`7:20 0:20
`
`Location Log
`
`Time
`
`Location
`
`- 6:30
`6:30 - 7:15
`7:15 - 8:00
`8:00 - 8:28
`8:28 - 11:50
`11:50- 1:00
`1:00 - 5:32
`5:32 - 6:00
`6:00 - 6:15
`6:18 - 7:10
`7:10 - 8:30
`8:30 - 10:00
`
`Home
`Running Route A: 4.3 miles@ 5.7 mph
`Home
`Commuting
`Office
`Gym
`Office
`Commuting
`Home
`Tony's Pizzeria
`Unknown Location [click to view map]
`Home
`
`2 12:50 0:10
`
`Gym
`
`3 3:58 0:05
`
`Office
`
`4 6:25 0:35
`
`Tonny's
`Pizzeria
`
`5 9:55 0:05
`
`Home
`
`Location
`
`Food Choices
`
`Home
`
`Breakfast A Bran Flakes, Skim Milk, OJ)
`Breakfast B (Grapefruit, Bagel, Skim Milk)
`Custom [Click to choose foods]
`Lunch A (Chocolate/Banana Power Shake)
`Lunch B (Turkey wrap, Diet Coke)
`Custom [Click to choose foods]
`Snack A (Apple)
`Snack B (Orange)
`Snack C (Fig Newtons)
`Custom [Click to choose foods]
`Dinner T1 (2 Slices Veggie Pizza, Diet Coke)
`Dinner T2 (Salad Bar, Diet Coke)
`Custom [Click to view menu]
`Snack C (Fig Newtons)
`Snack D (Banana, skim milk)
`Custom Snack [Click to choose foods]
`
`UA-1004.007
`
`

`
`U.S. Patent
`
`Feb.4,2003
`
`Sheet 6 of 8
`
`US 6,513,532 B2
`
`FIG- 6
`
`POSITION 122
`ACTIVITY
`DISCRIMINATOR
`
`------
`
`Gym
`142
`
`---
`
`Cross
`Country
`132 Skis
`
`TIMER
`
`I
`
`I
`1
`I
`I
`
`~-~----·-----~
`ACTIVITY 134
`CACULATOR
`
`Heart Rate
`Sensof
`
`38
`
`Motion Sensor
`140
`
`MODE
`CONTROL
`
`BODY 124
`ACTIVITY
`MONITOR
`.
`
`---- ..
`
`I
`1
`:
`I
`
`f-i CONSUMPTION ~
`
`CALCULATOR
`
`...
`
`1
`I
`I
`CPU
`I
`l--------- ----
`~--~----~
`l
`
`1
`
`.....
`
`CONSUMPTION
`NOTATION
`CONTROL
`(Button)
`
`MEMORY
`
`COMMUNICATION
`' - - - - - - - l ... ~ TRANSCEIVER
`
`DISPLAY
`
`~84
`
`UA-1004.008
`
`

`
`U.S. Patent
`
`Feb.4,2003
`
`Sheet 7 of 8
`
`US 6,513,532 B2
`
`z
`
`WW iam St
`
`FIG -7
`
`..................
`. :::::::::::::::::::::: :::::.\'::::::
`.....................
`. ~ ~ ~ ........................... ...
`·: .-:~: _.:_.:_.: ~:::::_.:_.: :::: _.: _.: _.: ::
`-~-~-~-----------
`~ . " ............. .
`:::::::::: :.::::.: :_: :.: :.: :.: :.=:.: :.:::
`.... ......... .
`.................
`
`Woodlawn Ave
`
`Sycamore PI
`
`FIG- 8
`
`UA-1004.009
`
`

`
`U.S. Patent
`
`Feb.4,2003
`
`Sheet 8 of 8
`
`US 6,513,532 B2
`
`FIG- 9
`
`FIG- 10
`
`10:23 AM
`
`UA-1004.010
`
`

`
`US 6,513,532 B2
`
`1
`DIET AND ACTIVITY-MONITORING
`DEVICE
`
`This application claims priority from U.S. provisional
`patent applications Ser. Nos. 60/177,016, filed Jan. 19, 2000;
`60/178,979, filed Jan. 28, 2000; 60/179,882, filed Feb. 2,
`2000,60/195,779, filed Apr. 10, 2000; 60/194,126, filed Apr.
`3, 2000; 60/209,921, filed Jun. 7, 2000; 60/200,428, filed
`Apr. 28, 2000; 60/201,902, filed May 4, 2000; 60/207,089,
`filed May 25, 2000; 60/207,051, filed May 25, 2000; 60/212,
`319, filed Jun. 16, 2000; 60/234,866, filed Sep. 22,2000;
`60/230,860, filed Sep. 7, 2000; 60/240,185, filed Oct. 13,
`2000; 60/243,621, filed Oct. 26, 2000 and 60/251,179, filed
`Dec. 5, 2000, all of which are incorporated herein in their
`entirety by reference. This application also claims priority
`from U.S. patent application Ser. Nos. 09/685,625, filed Oct.
`10, 2000; 09/630,398, filed Aug. 2, 2000; 09/669,125 filed
`Sep. 25, 2000; 09i684,440 filed Oct. 10, 2000; and 09/721,
`382 filed Nov. 22, 2000, are also incorporated herein in their
`entirety by reference.
`
`FIELD OF TilE INVENTION
`
`The present invention relates generally to activity moni(cid:173)
`tors and diet monitors and, more specifically, to a device that
`combines both diet and activity monitoring.
`
`BACKGROUND OF THE INVENTION
`
`Management of diet, health, and fitness has drawn
`increasing amounts of attention as their importance has been
`recognized, and as consumers around the world have
`struggled to balance busy lives with fitness and proper diet.
`Despite the recognized importance of good health,
`consumers, on average, are becoming increasingly obese.
`This has resulted in a strong demand for devices and
`methods that assist individuals in setting and reaching
`dietary and fitness goals. Currently available devices and
`methods fail to meet the needs of average consumers.
`There are serious problems with conventional weight loss
`programs. Weight change is related to the user's net caloric
`balance, the difference between caloric intake and caloric
`expenditure. However, determination of caloric intake and
`caloric expenditure are both problematic.
`There are numerous difficulties in accurately determining
`caloric intake. In some diet programs printed or electronic
`lists are used that provide the nutrition content of a wide
`variety of food. The consumer keeps a diet log of all foods
`consumed each day in order to determine their total nutri(cid:173)
`tional intake. These systems typically are laborious to use
`and only the most dedicated consumer will accurately use
`these approaches. For example, a consumer must take the
`time to accurately record the foods consumed each day.
`Obviously, recognition of foods consumed is most accurate
`if done at the time the foods are consumed. However, many
`individuals feel too rushed to record the foods consumed at
`the time and postpone recording for later in the day or week.
`Also, some consumers are embarrassed to be observed
`recording food intake during or following a meal. This also
`motivates the user to wait to record their consumption until
`later. Obviously, accuracy suffers the more time passes
`between consumption and recordation. An individual may
`entirely forget that they had a snack or two earlier in the day
`or week, leading to undercounting of consumption.
`Determining total energy expenditure is also difficult. The
`total energy expenditure of a person comprises a resting
`metabolic component and a physical activity component.
`Total energy expenditure (TEE) is the sum of resting energy
`
`10
`
`2
`expenditure (REE) and activity energy expenditure (AEE),
`i.e. TEE=AEE+REE. Weight loss occurs if total energy
`expenditure (TEE) exceeds total caloric intake over a given
`time period. As discussed by Remmereit in U.S. Pat. No.
`5 6,034,132, 70 percent of total energy expenditure for a
`typical person is due to their resting metabolic rate (RMR).
`In a conventional diet program, RMR is estimated from the
`height, weight, age, and gender of the person, for example
`using the Harris-Benedict equation. This equation, well
`known to those skilled in the nutritional arts, is given in U.S.
`Pat. No. 5,839,901 to Karkanen, and in U.S. Pat. No.
`5,639,471 to Chait et al. There are serious inadequacies in
`using the Harris-Benedict equation (or any similar equation)
`in a weight loss program. The Harris-Benedict equation
`provides only an estimated RMR, which is an average value
`15 for people of similar height, weight, age, and gender.
`However, due to natural variations in physiology, the equa(cid:173)
`tion may not be accurate for a specific individual.
`Conventional weight loss programs use an estimated total
`energy expenditure (TEE) based on estimates of activity
`20 levels, and estimates of resting energy expenditure (REE)
`from the Harris-Benedict equation. However, unless the
`resting energy expenditure (REE) and the activity energy
`expenditure (AEE) are estimated accurately, the person's
`caloric balance cannot be known accurately, and the out-
`2s come of a weight loss program is likely to be unsatisfactory.
`Some users attempt to track their activity energy expen(cid:173)
`diture (AEE), either for weight loss or general fitness
`purposes. In the simplest approach the individual maintains
`an exercise log of activities conducted, such as distances
`30 walked or jogged. Various graphs and tables can then
`provide an estimate of the calories burned during these
`activities. As with recording consumption, an individual
`may fail to accurately record the type and duration of
`activity undertaken leading to inaccurate recordation. Also,
`35 an individual may not know how far or fast they ran or
`walked. A variety of pedometers are available to assist with
`this task. Pedometers include some type of stride counter in
`order to count the number of strides or paces taken by the
`individual. The devices may be calibrated to allow them to
`40 determine the distance traveled with reasonable accuracy.
`Through the use of timers, they may also be able to
`determine the speed and duration of activity. Pedometers
`typically fail to take into consideration changes of elevation,
`changes in length of stride and changes in intensity. For
`45 example, a runner may combine slow walking with brisk
`running during an exercise session. By combining total
`number of strides and duration of activity, the pedometer
`may only determine average speed, not instantaneous speed.
`U.S. Pat. Nos. 6,002,982 and 6,148,262 to Fry; U.S. Pat.
`50 No. 6,013,007 to Root et al; U.S. Pat. Nos. 6,009,138 to
`Slusky; and U.S. Pat. Nos. 6,032,108 to Seiple et al each
`disclose improved activity monitors utilizing a global posi(cid:173)
`tioning system (GPS). The devices track an individual's
`position over time, using the GPS network. By periodically
`55 or instantaneously comparing position and time, such a
`device is capable of determining a performance profile with
`better accuracy than a typical pedometer.
`Devices are also available for monitoring and tracking
`heart rate. The most popular of these devices are sold by
`60 Polar Electro Oy of Finland. These heart rate monitors
`includes a wristwatch-style display unit and a chest strap
`with a heart rate sensor. The chest strap and display unit
`communicate wirelessly. The devices are capable of accu(cid:173)
`rately monitoring heart rate, which correlates reasonably
`65 well with exercise intensity. Advanced devices include the
`ability to track heart rate over time so that a heart rate profile
`may be produced.
`
`UA-1004.011
`
`

`
`US 6,513,532 B2
`
`3
`Each of the above-discussed activity monitors fails to
`consider the dietary intake portion of total health manage(cid:173)
`ment. Instead, they are directed merely to activity monitor(cid:173)
`ing. In light of this, there remains a need for a device that
`combines activity monitoring and diet monitoring, that is
`easy to use and provides accurate results.
`
`SUMMARY OF THE INVENTION
`The present invention improves on the prior art by pro(cid:173)
`viding a combination diet and activity monitoring device for
`monitoring both the consumption and activity of the subject.
`The effectiveness of weight management programs may be
`improved through a more accurate determination of caloric
`balance. Improved determination of caloric balance may be
`obtained by more accurate determinations of total energy
`expenditure, (the sum of resting energy expenditure and
`activity energy expenditure) and caloric intake. The present
`invention focuses on improving the determination of activity
`energy expenditure and caloric intake. Resting energy
`expenditure, the energy expended by an individual at rest,
`may be accurately determined using an indirect calorimeter,
`such as described in co-pending patent application Ser. No.
`09/630,398, incorporated herein by reference. A-s discussed
`in this application, resting energy expenditure is based on
`resting metabolic rate. Resting metabolic rate changes over
`time, especially when the subject changes their diet or
`exercise patterns. Therefore, it is preferable to periodically
`mea-sure resting metabolic rate so that accurate determina(cid:173)
`tions of resting energy expenditure are available during a
`weight management program.
`Determination of activity energy expenditure, which com(cid:173)
`bined with resting energy expenditure provides total energy
`expenditure, may be obtained by monitoring a subject's
`activity on a regular basis. The monitoring device according
`to the present invention includes a body activity monitor for 35
`monitoring the body activity of the subject. The body
`activity monitor is operable to output a signal indicative of
`the subject's body activity. An activity calculator may also
`be provided, which receives the activity; indicative signal
`and determines a body activity level and/or energy expen- 40
`diture for the subject. The body activity monitor may be
`integral with the monitoring device, or may be part of an
`auxiliary device. For example, the monitoring device
`according to the present invention may take the form factor
`of a wristwatch-style device or a belt or clothing-mounted 45
`monitor. In a wristwatch-style device, the body activity
`monitor may comprise a heart rate monitor, monitoring the
`heart rate of the subject. The heart rate of the subject
`increases with activity and decreases when the subject is
`resting. By calibrating the activity monitor, the subject's 50
`activity level and activity related energy expenditure may be
`determined. The activity monitor may be calibrated using an
`indirect calorimeter, as described in co-pending patent appli(cid:173)
`cation Ser. No. 09/684,440, incorporated herein by refer(cid:173)
`ence. The heart rate monitor may form part of the 55
`wTistwatch-style monitoring device and sense heart rate in
`the subject's wTist or other appendage. Alternatively, a
`separate heart rate sensor may be provided such as a chest
`strap, that communicates with the monitoring device, pref(cid:173)
`erably using a wireless link. A belt or clothing mounted 60
`monitoring device may also include a heart rate monitor as
`the body activity monitoring portion.
`The body activity monitor which forms part of the moni(cid:173)
`toring device according to the present invention may alter(cid:173)
`natively comprise a motion sensor such as a mechanical 65
`pendulum or a single or multi axis accelerometer. An accel(cid:173)
`erometer is preferred as it may provide information on body
`
`4
`movement as well as the direction and intensity of the
`movement. The motion sensor may form part of the wrist(cid:173)
`watch or belt or clothing mounted monitoring device or may
`be part of a separate accessory that communicates with the
`5 monitoring device. For example, if the monitoring device
`according to the present invention takes the form of a belt or
`clothing mounted housing, the accelerometer may be dis(cid:173)
`posed in the housing and sense motion of the housing.
`Because the housing is attached to the subject's belt or
`10 clothing, motion of the housing correlates with movement of
`the subject. Once again, 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
`15 include multiple modes for recording of variety of activities,
`such as swimming, biking, and use of stationary exercise
`equipment. The body activity monitor may then be placed in
`the mode corresponding to an activity that the subject
`undertakes. The subject presses a start button and the body
`20 activity monitor will record the duration of the activity. The
`monitoring device may then determine an activity level
`based on the duration of the activity and the estimated
`intensity. The activity level may be adjusted by the user to
`increase the accuracy of the estimate. Alternatively, the body
`25 activity monitor portion of the monitoring device may
`communicate with the exercise equipment or system of
`equipment being used by the subject to allow transfer of
`accurate data related to exercise. As one simple alternative,
`the body activity monitor may allow the subject to create
`30 time-stamped exercise flags, corresponding to when exercise
`is undertaken. To create an exercise flag, the subject manipu(cid:173)
`lates a control on the monitoring device at the time of the
`activity. Later, the time or the duration of the activity may be
`recalled and an actual activity level be entered for tracking
`purposes.
`It is preferred that the monitoring device according to the
`present invention forms part of the system including a local
`remote computing device to which data from the monitoring
`device may be downloaded for further manipulation. For
`example, at the end of the day, the subject may download
`data from the monitoring device to a home PC. The subject
`may then view the activity and consumption data and have
`it during the day. The subject may then be prompted to
`provide additional information about events such as exercise
`and food flags. This data may be used as part of a determi(cid:173)
`nation of total caloric balance and as part of a weight loss
`program.
`The monitoring device according to the present invention
`also preferably includes a consumption notation control for
`use by the subject to indicate when the subject consumes
`food. This consumption notation control preferably provides
`a very simple means for the subject to note when consump(cid:173)
`tion occurs and avoids the embarrassment and difficulty of
`recording the actual foods consumed during or immediately
`following consumption of the foods. In one embodiment of
`the present invention, the subject manipulate a control on the
`monitoring device each time they consume food, whether
`the food is a snack or a meal. The monitoring device records
`the time the control was manipulated and creates a "food
`flag". Later, the subject may use the food flags to help them
`recall what they ate. Software on the local or remote
`computing device may assist in theses determinations by
`presenting options on what was consumed based on past
`behavior and software settings. Alternatively, food flags may
`also have a duration component. For example, a subject may
`manipulate the consumption notation control once at the
`beginning of the consumption event and again at the end of
`
`UA-1004.012
`
`

`
`US 6,513,532 B2
`
`5
`the consumption event. The duration of the event provides
`additional data for use in determining what foods were
`consumed. As another alternative, the consumption notation
`control may include and audio and/or video recording
`device, allowing the subject to make audio and/or video
`notations as to what was consumed. For example, the
`monitoring device may include a recording mechanism such
`as a digital recording means. In addition to or alternatively
`to the food flags, the subject may make a brief audio
`recording as to what was consumed. Alternatively, or addi(cid:173)
`tionally the monitoring device may include a video record(cid:173)
`ing system such as a miniaturized camera. The subject may
`then photograph what was consumed to allow an accurate
`determination of consumption at a later time. The use of
`audio or video recording allows additional functionality. For
`example, the local or remote computing device may be
`operable to provide voice recognition on downloaded audio
`files from the monitoring device. Then, the subject's audi(cid:173)
`tory notes may be transcribed into written text for later
`reference by the user. Alternatively, the software may deter-
`mine what foods were consumed based on the auditory
`notation. Similar functionality may be provided with video
`recordings such as digital pictures. The digital pictures may
`be transmitted to a remote site where an administrative
`person reviews the picture and records what was consumed
`and transmits this recording back to the subject. This may be
`provided on a subscription basis. Alternatively, software
`could be provided which performs an image analysis on the
`digital picture to assist in determining the foods consumed.
`As another alternative, the monitoring device according to
`the present invention may include a scanning device to allow
`it to scan and record bar codes and similar coded markings.
`Thi<> functionality may be incorporated into the digital
`camera or may be separate. Also, the scanner may form a
`separate unit from the remainder of the monitoring device
`and communicate with the monitoring device through a wire
`or wireless connection. The bar code scanning may be used
`to scan foods to be consumed as well as other information
`such as data concerning exercise.
`The monitoring device according to the present invention
`preferably also includes a timer that outputs a time indica(cid:173)
`tive signal for use in time stamping food flags and exercise
`flags and for use in tracking activity during the day.
`The diet and activity monitoring device may communi(cid:173)
`cate with local and remote computers using a v.rired or
`wireless connection, as well as through transfer of memory
`modules. The local or remote computers may allow addi(cid:173)
`tional or easier access to advance functions, such as diet and
`activity tracking over longer periods of time.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`FIG. 1 is a view of a first embodiment of a diet and
`activity monitoring device and system schematically illus(cid:173)
`trating communication between the device and local and
`remote computers;
`FIG. 2 is a schematic for a diet and activity monitoring
`device according to the present invention;
`FIG. 3A is a front elevational view of a second embodi(cid:173)
`ment of a diet and activity monitoring device according to
`the present invention;
`FIG. 3B is a rear elevational view of the strap portion of
`the diet and activity monitoring device of FIG. 3A;
`FIG. 4 is a schematic of another embodiment of a moni(cid:173)
`toring device according to the present invention;
`FIG. 5 is a sample screen view of a local or remote
`computing device showing one version of a display of diet(cid:173)
`and activity-related data;
`
`6
`FIG. 6 is a schematic of yet another embodiment of a
`monitoring device according to the present invention;
`FIG. 7 is a view of a street level map illustrating a running
`route as tracked by the activity monitoring portion of one
`5 embodiment of the present invention;
`FIG. 8 is a view of a street level map illustrating a location
`indicator to assist a subject in locating where activity and/or
`consumption took place;
`FIG. 9 is a perspective view of an additional embodiment
`10 of a diet activity monitoring device according to the present
`invention mounted on the belt of a subject and illustrating

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket