DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt of Applicant’s Amendment filed September 2, 2025, is acknowledged.
Response to Amendment
Claims 24-26 and 33-35 have been amended. Claims 1-23, 27, and 36 have been canceled. Claims 24-26, 28-35, and 37-40 are pending and are provided to be examined upon their merits.
Response to Arguments
Applicant’s arguments with respect to claims 24-26, 28-35, and 37-40 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A response is provided below in bold where appropriate.
Regarding 35 USC §101 Rejection, pg. 6 of Remarks:
Based on the claim amendments and further consideration, the rejection is withdrawn. The smart food tray comprising scales and camera are integrated into the claims and provide a practical application and significantly more.
Regarding 35 USC §112 Rejection, pg. 6 of Remarks:
The rejection is withdrawn based on the claim amendments. However, the new amendments have caused a new 112(a) rejection.
Regarding 35 USC §103 Rejection, pg. 7 of Remarks:
The amended claims have caused new prior art to be cited, rendering Applicant’s arguments moot.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 24-26, 28-35, and 37-40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 24 recites “receive sensor information from the plurality of sensors and determine a known metabolic equivalent task based on the sensor information” where no teaching of determine known metabolic equivalent task based on sensor information can be found in the specification.
Paragraphs [0042] - [0043] of the specification teaches “
“Once the activity type is determined, a conversion into an activity measure may be computed to assist in calculating the activity data 212. Depending on the activity type, a compendium of exercises may be utilized to convert from activities to metabolic expenditure, also known as metabolic equivalent of task (MET). This conversion may allow different activities of various types to be compared on the same or similar relative scale. Finally, this activity measure may be personalized for the user. For example, the activity measure can account for the age, weight, gender, and basal metabolic rate of the user to contribute into the health score 210. The activity data may be defined with the equation below:” [0042]
“activity data = function(activity type, duration, intensity, METs, pulse rate, SpO2)” [0043]
Therefore, a compendium of exercises is used to convert from activities to MET, where the conversion to MET allows for comparison of different activities on a same or relative scale. Therefore, MET is some type of relative value (scale). This does not teach determine a known MET based on sensor information. Rather, this just teaches converting a determined activity type into a MET. Activity data itself is based on MET and pulse rate, SpO2 (sensor data). Claim 33 has a similar problem.
Claims 25, 26, 28-32, 34, 35, and 37-40 are further rejected as they depend from their respective independent clam.
Examiner Request
The Applicant is requested to indicate where in the specification there is support for amendments to claims should Applicant amend. The purpose of this is to reduce potential 35 U.S.C. §112(a) or §112 1st paragraph issues that can arise when claims are amended without support in the specification. The Examiner thanks the Applicant in advance.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 24-26, 28-30, 32-35, 37-38, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Pub. No. US 20200152312 to Connor in view of Pub. No. US 2013/0035208 to Dalebout et al. and in view of Pub. No. US 2022/0310264 to Kaput et al.
Regarding claims 24 and 33
(claim 24) A system for dynamic meal planning, the system comprising:
a plurality of sensors configured to measure a plurality of physiological data, the sensors including at least an accelerometer, a gyroscope, and altimeter, a pulse rate sensor, and a thermistor;
{
From Applicant’s specification on sensors…
“The activity data 212 can be generated from sensor data, user-inputted data, or a health data repository, for example. Such sensor data may include accelerometers, gyroscopes, altimeters, thermistors, pulse oximeters, continuous glucose monitors, blood analyte monitors, etc…” [0040]
Thermistors are used in thermometers, measure body temperature.
}
Connor teaches:
Pulse oximeter…
“In an example, a system for nutritional monitoring and management can include a device (e.g. earware or “hearable”) which is worn in (or on) a person's ear. In an example, this device can include a smart ear ring. In an example, a smart ear ring can include a camera, a pulse oximeter, and/or a glucose sensor. In an example, this device can include an ear bud. In an example, a smart ear-worn device can encircle at least two-thirds of the perimeter of a person's outer ear. In an example, a smart ear-worn device can encircle at least two-thirds of the perimeter of a person's outer ear and have an extension (e.g. arm or prong) which extends from the perimeter of the ear onto a portion of a person's temple and/or forehead. In an example, this extension can include an electromagnetic energy sensor (such as an EEG sensor) whose data is also used by the system to: detect food consumption by a person; and/or evaluate the types and quantities of food consumed by the person.” [0049]
Sensor for temperature (thermistor) and heart (pulse) rate…
“In an example, a system for nutritional monitoring and management can include a biometric sensor which measures a person's blood pressure. In an example, a system can further comprise a biometric sensor which measures a person's blood glucose level. In an example, a system can further comprise a biometric sensor which measures a person's tissue oxygenation level. In an example, a system can further comprise a biometric sensor which measures a person's blood temperature. In an example, a system can further comprise a biometric sensor which measures a person's heart rate. In an example, a system can further comprise a biometric sensor which measures a person's lactic acid level. In an example, a system can further comprise a biometric sensor which measures a person's body hydration level.” [0133]
Accelerometer, gyroscope
“In an example, a system for nutritional monitoring and management can include a wearable device with a motion sensor which is worn on a person's arm, wrist, hand, and/or finger. In an example, a system can include a wearable device with a motion sensor which is worn on a person's neck, face, ear, and/or head. In an example, a motion sensor can comprise an accelerometer and a gyroscope. In an example, a system can have a motion sensor which is selected from the group consisting of: bubble accelerometer, dual-axial accelerometer, electrogoniometer, gyroscope, inclinometer, inertial sensor, multi-axis accelerometer, piezoelectric sensor, piezo-mechanical sensor, pressure sensor, proximity detector, single-axis accelerometer, strain gauge, stretch sensor, and tri-axial accelerometer. In an example, a system can have a wearable device with a motion sensor which is used to: detect when a person is eating (and optionally trigger advanced sensor monitoring); identify the type of food that the person is eating; and/or estimate the quantity of food that the person is eating.” [0131]
Heart rate and temperature sensor…
“In an example, a system for nutritional monitoring and management can include one or more sensors selected from the group consisting of: accelerometer, inclinometer, motion sensor, pedometer, sound sensor, smell sensor, blood pressure sensor, heart rate sensor, EEG sensor, ECG sensor, EMG sensor, electrochemical sensor, gastric activity sensor, GPS sensor, location sensor, image sensor, optical sensor, piezoelectric sensor, respiration sensor, strain gauge, electrogoniometer, chewing sensor, swallow sensor, temperature sensor, and pressure sensor. In an example, data from one or more of these sensors can be combined in multivariate analysis to identify food item types and estimate food item quantities. In an example, data from one or more of these sensors can be combined in multivariate analysis to determine the types and quantities of food and/or nutrients consumed by a person.” [0177]
Altimeter…
“In an example, a system for nutritional monitoring and management can comprise: a handheld or wearable device; a camera in the handheld or wearable device which captures images of food; a spectroscopic sensor in the handheld or wearable device which emits light beams toward food and receives the light beams after the light beams have been reflected from (or passed through) food; wherein food images captured by the camera and changes in the spectra of the light beams caused by reflection from (or passage through) food are analyzed to identify food type, composition (e.g. nutritional composition), and/or quantity; and one or more other components selected from the group consisting of—accelerometer, altimeter, ambient light sensor, electromagnetic energy sensor, filter, GPS module, gyroscope, lens array, magnetometer, MEMS, microphone, parabolic reflector, temperature sensor, and vibrator.” [0450]
See Sensors below.
a user device;
Smart phone, smart watch (user device), etc…
“FIG. 1 shows an example of a system for nutritional monitoring and management comprising: (a) a camera which records images of food items, wherein the images are analyzed to help identify food item types and/or estimate food item quantities, wherein food includes beverages as well as solid food, and wherein the camera is part of a device selected from the group consisting of: smart phone, smart watch or other wrist-worn device, smart finger ring, smart eyewear, electronic tablet, smart earwear, smart necklace or pendant, smart button, and dedicated handheld food identification device; (b) a spectroscopic sensor which collects spectral data concerning light reflected from or absorbed by food items;…” [0022]
a smart food tray comprising one or more scales configured to measure a weight of the user’s food and one or more camera configured to image the user’s food; and
Camera part of smart dish/plate (tray)…
“FIG. 1 shows an example of a system for nutritional monitoring and management comprising: (a) a camera which records images of food items, wherein the images are analyzed to help identify food item types and/or estimate food item quantities, wherein food includes beverages as well as solid food, and wherein the camera is part of a device selected from the group consisting of: … (e) a smart utensil, dish, plate, or beverage holder which collects data concerning food item quantities consumed by a person; wherein the smart utensil, dish, plate, or beverage holder collects data by one or more means selected from the group consisting of: measuring the number of forkfulls, spoonfulls, bites and/or sips taken by a person based on motion (e.g. upward and tilting motion) of a smart utensil or beverage holder; estimating the weight of forkfulls, spoonfulls, bites and/or sips taken by a person based on motion and/or force exerted by food on a smart utensil or beverage holder; estimating the cumulative quantity of food items consumed by a person (e.g. during a particular meal) by measuring changes in the weight of food on a disk or plate; and using chemical analysis to help to identify the type and/or composition of food in contact with the smart utensil, dish, plate, or beverage holder;..” [0022]
Dish (tray) with scale…
“In an example, a system for nutritional monitoring and management can include a food scale which helps to measure the quantity of nearby food and/or the amount of that food that a person actually consumes. In an example, a system can include a stand-alone food scale (which is in electromagnetic communication with other components of the system). In an example, a system can include a dish (e.g. a plate, bowl, glass, or cup), a place mat, a beverage coaster, or a food utensil rest which includes a scale to measure the weight of food on (or in) it. In an example, a plate or bowl can have different sections for holding different food items, wherein each section has a separate scale so that the weights of different food items can be individually (and independently) measured. In an example, the weight of food items on one or more scales can be measured at different times (e.g. before and after a meal) in order to estimate how much food a person actually consumes during a period of time. In an example, a plate or bowl can have different sections for holding different food items, wherein different sections of the plate or bowl are separated by ridges, undulations, or walls, and wherein each section has a separate scale. In an example, a plate or bowl can have different sections for holding different food items, wherein each section of the plate or bowl has a separate (built in) spectroscopic sensor so that the compositions of different food items can be individually (and independently) analyzed.” [0148]
Example of collect information using smart dish/plate and including using a food scale and recording images…
“In an example, a system for nutritional monitoring and management can prompt a person to collect and/or provide food information though one or more mechanisms selected from the group consisting of: using a smart utensil for food consumption; using a set of smart place-setting components (dish, plate, utensils, glass, etc) to record information about types and quantities of food; using a food scale; inserting a food probe into food; recording images (e.g. taking pictures) of food from different angles; recording a video of food from different angles; directing light energy toward (or into) food and recording the results of interaction between this energy and food; taking a spectroscopic scan of food; directing electromagnetic energy toward (or into) food and recording the results of interaction between this energy and food; and directing sound energy toward (or into) food and recording the results of interaction between this energy and food.” [0216]
one or more processors configured to:
receive a signal from the smart food tray, the signal indicative of the weight of the food the user consumes and indicative of the imaging by the one or more camera;
Example of collect (receive) information using smart dish/plate and including using a food scale (weight) and recording images and electromagnetic energy (signal)…
“In an example, a system for nutritional monitoring and management can prompt a person to collect and/or provide food information though one or more mechanisms selected from the group consisting of: using a smart utensil for food consumption; using a set of smart place-setting components (dish, plate, utensils, glass, etc) to record information about types and quantities of food; using a food scale; inserting a food probe into food; recording images (e.g. taking pictures) of food from different angles; recording a video of food from different angles; directing light energy toward (or into) food and recording the results of interaction between this energy and food; taking a spectroscopic scan of food; directing electromagnetic energy toward (or into) food and recording the results of interaction between this energy and food; and directing sound energy toward (or into) food and recording the results of interaction between this energy and food.” [0216]
determine a type and quantity of food consumed based at least in part on the imaging by the one or more camera and the weight measured by the one or more scales;
Types and quantity of food using a scale and images (camera)…
“In an example, a system for nutritional monitoring and management can prompt a person to collect and/or provide food information though one or more mechanisms selected from the group consisting of: using a smart utensil for food consumption; using a set of smart place-setting components (dish, plate, utensils, glass, etc) to record information about types and quantities of food; using a food scale; inserting a food probe into food; recording images (e.g. taking pictures) of food from different angles; recording a video of food from different angles; directing light energy toward (or into) food and recording the results of interaction between this energy and food; taking a spectroscopic scan of food; directing electromagnetic energy toward (or into) food and recording the results of interaction between this energy and food; and directing sound energy toward (or into) food and recording the results of interaction between this energy and food.” [0216]
receive sensor information from the plurality of sensors and determine a known metabolic equivalent task based on the sensor information;
{
From Applicant’s specification on “metabolic equivalent task” (MET)…
“Once the activity type is determined, a conversion into an activity measure may be computed to assist in calculating the activity data 212. Depending on the activity type, a compendium of exercises may be utilized to convert from activities to metabolic expenditure, also known as metabolic equivalent of task (MET). This conversion may allow different activities of various types to be compared on the same or similar relative scale. Finally, this activity measure may be personalized for the user. For example, the activity measure can account for the age, weight, gender, and basal metabolic rate of the user to contribute into the health score 210. The activity data may be defined with the equation below:” [0042]
“activity data = function(activity type, duration, intensity, METs, pulse rate, SpO2)” [0043]
Therefore, a compendium of exercises is used to convert activities to MET, where the conversion to MET allows for comparison of different activities on a same or relative scale. Therefore, MET is some type of relative value (scale) based on conversion of activities.
From Applicant’s specification on activity…
“The health score 210 can be generated based on a number of inputs. For example, in some cases, the health score 210 can be generated based at least in part on activity data 212 and meal data 214. The activity data 212 can vary across embodiments. For example, the activity data 212 can include, but is not limited to, fitness-related metrics such as distance walked or run, calories burned, active calories, distance, active time, type of exercise, exercise history, exercise plan, fitness goals, etc. The meal data 214 can vary across embodiments. For example, the meal data 214 can include, but is not limited to, food or beverage intake-related metrics such as calories consumed, carbohydrate quantity, food type, macronutrients, micronutrients, carbohydrate type, glycemic indexes, timing of intake, ingredients such as caffeine, alcohol, hydration status, etc.” [0039]
Therefore, activity data can be fitness, exercise, calories burned, etc.
}
Exercise patterns and caloric expenditure (calories burned, therefore using metabolic task to determine calories)…
“In an example, a system for nutritional monitoring and management can classify a type or quantity of a food or nutrient as being unhealthy based on one or more factors selected from the group consisting of: the type of food or nutrient; the speed or pace of food or nutrient consumption; a person's age, gender, and/or weight; changes in a person's weight; a person's diagnosed health conditions; one or more general health status indicators; the magnitude and/or certainty of the effects of past consumption of the selected nutrient on a person's health; achievement of a person's health goals; a person's exercise patterns and/or caloric expenditure; a person's physical location; the time of day; the day of the week; occurrence of a holiday or other occasion involving special meals; input from a social network and/or behavioral support group; input from a virtual health coach; the cost of food; financial payments, constraints, and/or incentives; health insurance copay and/or health insurance premium; the amount and/or duration of a person's consumption of healthy food or nutrients; a dietary plan created for a person by a health care provider; and the severity of a food allergy.” [0271]
See Metabolic Equivalent Task below.
determine a health score based on the metabolic equivalent task determination and the type and quantity of food consumed, and adjusting the health score based on nutrients consumed as determined by the determined type of food;
{
“The health score 210 can be generated based on a number of inputs. For example, in some cases, the health score 210 can be generated based at least in part on activity data 212 and meal data 214. The activity data 212 can vary across embodiments. For example, the activity data 212 can include, but is not limited to, fitness-related metrics such as distance walked or run, calories burned, active calories, distance, active time, type of exercise, exercise history, exercise plan, fitness goals, etc. The meal data 214 can vary across embodiments. For example, the meal data 214 can include, but is not limited to, food or beverage intake-related metrics such as calories consumed, carbohydrate quantity, food type, macronutrients, micronutrients, carbohydrate type, glycemic indexes, timing of intake, ingredients such as caffeine, alcohol, hydration status, etc.” [0039]
Therefore, health score is based on activity and meal data, which includes calories consumed (quantity) and food type.
From Applicant’s specification on health score and “metabolic equivalent task” (MET) and type and quantity of food consumed…
“Once the activity type is determined, a conversion into an activity measure may be computed to assist in calculating the activity data 212. Depending on the activity type, a compendium of exercises may be utilized to convert from activities to metabolic expenditure, also known as metabolic equivalent of task (MET). This conversion may allow different activities of various types to be compared on the same or similar relative scale. Finally, this activity measure may be personalized for the user. For example, the activity measure can account for the age, weight, gender, and basal metabolic rate of the user to contribute into the health score 210. The activity data may be defined with the equation below:” [0042]
“activity data = function(activity type, duration, intensity, METs, pulse rate, SpO2)” [0043]
Therefore, health score based on activity data, which is based on MET.
}
Multivariate analysis using physical exercise (metabolic equivalent task), type and quantity of food…
“In an example, a system for nutritional monitoring and management can use multivariate analysis which including factors selected from the group consisting of: voice or sound-related variables (e.g. verbal descriptions of food items or meals; number of chews based on sound; number of swallows based on sound; sound spectrum of chews and/or swallows); person-specific biometric parameters or health-related variables (e.g. person's acute illness or chronic condition, person's age, person's blood pressure, person's body temperature, person's body weight, person's eating pace, person's fatigue level, person's gender, person's glucose level, person's heart rate, person's historical eating patterns, person's past biometric parameter changes in response to consumption of specific types or quantities of food, person's sleep level or pattern, person's socioeconomic status, and person's stress level); scale-related variables (e.g. food weight as measured by a scale integrated into a food dish or container); energy balance variables (e.g. person's amount of exercise and/or physical activity during a period of time, person's cumulative food consumption during a period of time); and environmental variables (e.g. geolocation, ambient humidity, ambient light level, ambient temperature, altitude, restaurant type or name, grocery store type or name, food source).” [0286]
Dietary or budget (health) goal (score) and meal with energy expenditure (metabolic equivalent task)…
“In an example, a system for nutritional monitoring and management can provide information to a person concerning the cumulative quantity of food (or of a particular nutrient) which the person has consumed during a meal or during a period of time. In an example, quantity of food consumed can be compared with a dietary goal or budget for a meal or a period of time. In an example, a system can provide an alert, alarm, or warning when a person is approaching or exceeding a dietary goal or budget for quantity of food (or a particular nutrient) during a meal or during a period of time. In an example, a goal or budget for a quantity of food (or a particular nutrient) can be based at least in part on a person's dietary goals, energy balance goals, body weight goals, and/or energy expenditure during a period of time. In an example, a system can provide recommendations concerning goals for a person's nutritional intake, exercise level, and the relationship between them. In an example, the recommend amount of calories that a system recommends for a person to consume during a period of time can depend on the amount of calories that the person has expended during a period of time. In an example, a person's caloric expenditure can be monitored by a schlep tracker. For example, if a person schleps groceries home from the store and schleps books to class, then their recommended caloric intake increases; but if they are a foyler, then their recommended caloric intake decreases. In an example, a system can track whether a person is consuming too little of a selected food or nutrient. For example, a system can remind a person to drink more water to avoid dehydration if the person has consumed too little water during a period of time. In an example, the amount of water which a person should drink can be determined in part by their activities and environmental factors.” [0335]
See Health Score below.
communicate, to the user device, a prospective health score based on a plurality of prospective food options in order to promote consumption of healthy foods;
[No Patentable Weight is given to an intended result of “in order to promote consumption of healthy foods” as this may not happen.]
Provide an alert (communicate) to person…
“In an example, a system for nutritional monitoring and management can provide information to a person concerning the cumulative quantity of food (or of a particular nutrient) which the person has consumed during a meal or during a period of time. In an example, quantity of food consumed can be compared with a dietary goal or budget for a meal or a period of time. In an example, a system can provide an alert, alarm, or warning when a person is approaching or exceeding a dietary goal or budget for quantity of food (or a particular nutrient) during a meal or during a period of time. In an example, a goal or budget for a quantity of food (or a particular nutrient) can be based at least in part on a person's dietary goals, energy balance goals, body weight goals, and/or energy expenditure during a period of time. In an example, a system can provide recommendations concerning goals for a person's nutritional intake, exercise level, and the relationship between them. In an example, the recommend amount of calories that a system recommends for a person to consume during a period of time can depend on the amount of calories that the person has expended during a period of time. In an example, a person's caloric expenditure can be monitored by a schlep tracker. For example, if a person schleps groceries home from the store and schleps books to class, then their recommended caloric intake increases; but if they are a foyler, then their recommended caloric intake decreases. In an example, a system can track whether a person is consuming too little of a selected food or nutrient. For example, a system can remind a person to drink more water to avoid dehydration if the person has consumed too little water during a period of time. In an example, the amount of water which a person should drink can be determined in part by their activities and environmental factors.” [0335]
dynamically adjusting, in real time, contents of an individualized meal kit based on the determined food.
{
From Applicant’s specification on adjusting meal kit…
“The meal planning system of the preceding paragraph may also include any combination of the following features described in this paragraph, among others described herein. The one or more processors can be configured to obtain information relating to daily food and beverage intake, activity, physiological parameters. The one or more processors can be configured to obtain information relating to underlying health conditions, allergies, age, weight, historic meal logging, fitness goals, family customizations/info, etc. The one or more processors can be configured to generate a nutrition and exercise score (sometimes referred to as a health score) based on meal inputs and exercise inputs. The user-specific meal kit can be generated based on real-time feedback and/or continuous adjustments.” [0004]
Therefore, meal kit can be adjusted continuously (dynamically)
“The meal planning system of any of the preceding paragraphs may also include any combination of the following features described in this paragraph, among others described herein. The meal planning system can further include or communicate with one or more restaurants. A restaurant can communicate information to or from meal planning system, such as to receive the user-specific meal kit, allergies, foods to avoid, etc. Meals based on the user specific meal kit can be delivered, for example via a delivery service.” [0007]
Therefore, a meal kit can be an order of food from a restaurant.
}
Make recommendations and refine future food types…
“In an example, the effects of consumption of specific types of food on one or more biometric parameters can be analyzed. In an example, causal associations between consumption of specific types of food and subsequent changes in one or more of these biometric parameters can be identified and used to make fod consumption recommendations. In an example, causal associations between consumption of specific types of food and subsequent changes in one or more biometric parameters can be identified for a specific person and used to refine future measurements of food types and/or quantities for that person.” [0117]
Recommendations in real time of lists (individualized meal kit) based on food consumption decisions…
“In an example, a system for nutritional monitoring and management can provide a person with dietary recommendations and coaching. In an example, recommendations and coaching can be in real-time as a person is making food consumption decisions or can be with respect to planning future meals. In an example, a system can provide lists of generally healthy vs. unhealthy foods, meals, recipes, and/or restaurants. In an example, a system can provide information about the nutritional composition of particular foods, meals, recipes, and/or (meals at selected) restaurants. In an example, a system can provide health rankings or reviews of foods, meals, recipes, and/or restaurants. In an example, dietary recommendations and coaching by a system can be at least partially based on results reported in scientific and medical literature. In an example, dietary recommendations and coaching by a system can be at least partially based on previously-identified correlations between consumption of particular types and quantities of food items by a person and subsequent changes in that person's biometric parameters and/or health status.” [0336]
Another example of system automatically (dynamically in real time) order healthy foods (meal kit), and substitute for unhealthy foods (dynamically adjusting in real time an order)…
“In an example, a system for nutritional monitoring and management can recommend less consumption of foods or meals which are identified as unhealthy for a specific person or as generally unhealthy for people. For example, a system can recommend more consumption of foods or meals which are identified as healthy for a specific person or as generally healthy for people. In an example, a system can recommend (nearby) stores where healthy foods can be bought and/or (nearby) restaurants where healthy meals can be consumed. In an example, a system can provide shopping lists to help a person purchase healthy foods. In an example, a system can automatically order healthy foods for delivery to a person's home. In an example, a system can plan healthy meals for a person. In an example, a system can recommend healthy foods which can be substituted for unhealthy foods in a recipe or in a meal. In an example, a system can recommend restaurants which tend to serve healthy food as substitutes for a restaurant which tends to serve unhealthy food. In an example, a system can recommend amounts of (particular types of) food to be consumed in a given meal or during a period of time. In an example, a system can recommend that a person eat a particularly healthy food item on a periodic (e.g. daily) basis. For example, each day a system can say—“It's Hummus Time!” On the other hand, if a person is looking at unhealthy food, then the system can say—“U Can't Touch This!”” [0337]
“In an example, a system for nutritional monitoring and management can send a communication or message to a person who is wearing a device. In an example, a system can send nutritional information concerning food that a person is near, food that the person is purchasing, food that the person is ordering, and/or food that the person is eating. This nutritional information can include food ingredients, nutrients, and/or calories. In an example, a system can send information concerning the likely health effects of consuming food that a person is near, food that the person is purchasing, food that the person is ordering, and/or food that the person has already starting consuming. In an example, a system can communicate food information in text form. In an example, a communication can recommend a healthier substitute for unhealthy food which a person is considering purchasing, ordering, and/or consuming.” [0353]
Sensors
Connor teaches sensors. They also teach pulse oximeter, temperature and heart rate. They do not teach details of pulse rate and thermistor.
Dalebout et al. also in the business of sensors teaches:
Pulse oximeter (sensor) and measure pulse by recognizing spikes (pulse rate)…
“In other embodiments, a user's pulse may be sensed by a pulse oximeter. Typically, pulse oximeters have a pair of small light-emitting diodes (LEDs) facing a photodiode through a translucent part of the body, usually a fingertip or an earlobe. One LED may be red (with a first wavelength) and the other may be infrared (with a second, different wavelength). Blood absorbs the wavelengths produced by these lights differently depending on the oxygenation level of the blood. Thus, a pulse oximeter may measure pulse by recognizing spikes in blood oxygen levels.” [0031]
“A user's pulse may also be sensed through an EKG band or strap that the user wears while he or she exercises. For example, FIG. 2 illustrates treadmill 100 with a person performing an exercise thereon. An EKG chest strap pulse monitor 152 is secured around the chest of the user. EKG chest strap pulse monitor 152 includes a conductive material (not shown) that is in direct contact with the user's skin. Through this contact, the user's pulse can be measured in much the same way as EKG hand grip pulse monitor 150. As described in more detail hereafter, EKG chest strap pulse monitor 152 communicates the pulse data through a connection 154. Connection 154 may be a wire or a wireless signal sent by EKG chest strap pulse monitor 152.” [0032]
Thermistor sensor…
“In another embodiment, fan speed can be determined by a user's skin or body temperature. In this embodiment, the sensing mechanism could be a thermistor-based sensor or a thermometer attached to the body of a person performing an exercise or another device that senses temperature. Data from the temperature sensing mechanism could be communicated to a processing unit via a wire or wireless connection. In one application, the processing unit could be programmed such that as the user's temperature increases, the speed of air flow created by the fan also increases. As a user's temperature decreases, the speed of air flow created by the fan could also decrease.” [0044]
It would have been obvious to one of ordinary skill in the art before the effective filing date to include in the method and system of Connor the ability to use various sensors including pulse and thermistor sensors as taught by Dalebout et al. since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Further motivation is provided by Connor who teaches measuring temperature and heart rate. It would be obvious to measure using thermistor, which are used in thermometers, and pulse rate sensors for similar information.
Metabolic Equivalent Task
The combined references teach exercises and caloric expenditure. They do not literally teach a metabolic equivalent task.
Dalebout et al. also in the business of exercise and caloric expenditure teaches:
Caloric expenditure…
“In another embodiment, fan speed can be determined by a user's caloric expenditure. Caloric expenditure can be measured directly, which requires the measurement of the heat released by the body, or indirectly be measuring ventilation and the exchange of oxygen and carbon dioxide by the body. Devices for measuring caloric expenditure directly (also termed "direct calorimetry") and indirectly (also termed "indirect calorimetry") are known in the art. Data from the caloric expenditure sensing mechanism could be communicated to a processing unit via a wire or wireless connection. In one application, the processing unit could be programmed such that as the user's rate of caloric expenditure increases, the speed of the air flow created by fan also increases. As a user's rate of caloric expenditure decreases, the speed of air flow created by the fan could also decrease. In another application, the processing unit could be programmed such that speed of air flow created by the fan increases as the user achieves different numbers of total calories burned. For example, every two hundred calories burned, the fan could be stepped up to a higher speed.” [0041]
Sensing mechanism (sensor) that measures (determines) metabolic equivalent task (MET)…
“In another embodiment, fan speed can be determined by a user's metabolic equivalent of task (MET). In this embodiment, the sensing mechanism could be a mask that measures oxygen consumption and carbon dioxide exhalation or another device that senses a user's MET level. Data from the MET sensing mechanism could be communicated to a processing unit via a wire or wireless connection. In one application, the processing unit could be programmed such that as the user's MET increases, the speed of air flow created by the fan also increases. As a user's MET decreases, the speed of air flow created by the fan could also decrease.” [0046]
Example of walk or run as a known task…
“Treadmill 100 also includes movable elements, including a belt 120. Belt 120 is operably associated with base frame portion 112 and moves during a user's performance of an exercise on exercise device 100. Specifically, belt 120 provides a surface upon which a person using exercise device 100 may walk or run. A movable element need not be a belt, but can be any piece or portion of an exercise device that moves during performance of an exercise. For example, a movable element could include pedals on exercise bikes, foot and/or arm linkages on Nordic style ski devices, steppers, ellipticals, and striders. A movable element could also include a seat and/or handle members on a rower.” [0021]
It would have been obvious to one of ordinary skill in the art before the effective filing date to include in the method and system of the combined references the ability to use metabolic equivalent task as taught by Dalebout et al. since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Further motivation is provided by Dalebout et al. who teaches the advantages of measuring such parameters associated with activities and Connor benefits as the teach measuring activities.
Health Score
The combined references teach metabolic equivalent task, food type and quantity. They also teach meal and energy goals. They do not specifically teach health score.
Kaput et al. also in the business of equivalent task, food types and quantity teach:
User health score based on user characteristics…
“A personal health system, method and device that maintains a health knowledge base, inputs user characteristics, generates health scores based on the user characteristics and provides recommendations based on the user characteristics, health scores and knowledge base, wherein the recommendations are indicated by the knowledge base to be likely to improve the user's health scores.” [0004]
Physical activity characteristics and metabolic equivalent and nutrition intake (quantity) and type…
“In some embodiments, the physical activity characteristics comprise a life stage of the user, a first amount of time spent by the user doing a first level of physical activity within a predetermined period, a second amount of time spent by the user doing a second level of physical activity within the predetermined period, a third amount of time spent by the user doing a third level of physical activity within the predetermined period and a number of resistance training sessions during the predetermined period, wherein the third level of physical activity is more strenuous than the second level of physical activity which is more strenuous than the first level of physical activity. In some embodiments, the first level of physical activity is non-sedentary waking behavior that requires less than 3.0 metabolic equivalent of tasks (MET), the second level of physical activity is behavior that requires 3.0-6.0 METs, and the third level of physical activity is behavior that requires greater than 6.0 METs. In some embodiments, the nutrition characteristics comprise intake values for a plurality of food types over a predetermined period, the intake values including a vegetable intake value, a fruit intake value, a dairy intake value, a whole grain intake value, a refined grain intake value, a meat/egg intake value, a seafood intake value and an oil intake value, and the food types including vegetables, fruit, dairy, whole grain, refined grain, meat/eggs, seafood and oil, the personal characteristics of the user further including an alcohol intake value and a caffeine intake value. In some embodiments, the sleep characteristics comprise an average nightly sleep duration and a daytime tiredness value, wherein the daytime tiredness value indicates how tired the user feels during daytime as evaluated by the user.” [0006]
Example of update food data…
“The nutrition module provides a user interface that prompts users with and enables the users to submit responses to nutrition questions such that users are to submit their nutrition data to the platform 99 (see FIG. 7A). The nutrition module is then able to determine and present to the user a food score value for the user based on the submitted responses and the user's characteristic data (e.g. calorie needs as determined by the personal characteristics module). This nutrition data and/or score is then able to be added to the user profile of the user and/or be dynamically updated by the module based on newly submitted data by the user and/or data measured/input from one or more coupled devices (e.g. smart phone, smart watches). As a result, the nutrition module provides the benefit of helping users improve their eating habits and nutrition levels by using the right nutritional behavior for each food category depending on their life stage.” [0106]
Lifestyle score and updating…
“The lifestyle module determines and presents to the user a lifestyle score value for the user based on one or more of the physical activity score, the social activity score, the nutrition score and/or the sleep score. This lifestyle score is then able to be added to the user profile of the user and/or be dynamically updated by the module based on newly submitted data by the user and/or data measured/input from one or more coupled devices (e.g. smart phone, smart watches). As a result, the lifestyle module provides the benefit of helping users determine an overall ranking of their current lifestyle including each of the various factors of their life. In other words, the module provides the benefit of instead of merely focusing on individual aspects of the user's life, it provides a holistic view of the lifestyle by integrating diet habits, sleep, physical activity and/or social participation.” [0130]
It would have been obvious to one of ordinary skill in the art before the effective filing date to include in the method and system of the combined references the ability to determine a health score as taught by Kaput et al. since the claimed invention is merely a combination of old elements and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. Further motivation is provided by Kaput et al. who teaches the advantages of determining a health score for users and the combined references benefit as they also measure exercise and food quantity and type for health purposes.
Regarding claims 25 and 34
(claim 25) The system of claim 24, wherein the system is further configured to dynamically adjust contents of an individualized meal kit based on physiological data.
Connor teaches:
Classify food as unhealthy based on person’s age, weight, exercise patterns (physiological data)…
“In an example, a system for nutritional monitoring and management can classify a