DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
2. This communication is in response to the communication filed 6/16/2025. Claims 1-20 are currently pending.
Claim Rejections - 35 USC § 102
3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
3.1. Claims 1=2- are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Connor (US 2014/0349256).
CLAIM 1
Connor teaches a processor-implemented method (Connor: abstract) comprising:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event (Connor: abstract; ¶¶ [0189] “a wearable device can prompt a person to collect information concerning food consumption using a smart phone application”, [0329]-[0332] “the wearable food-consumption monitor component of the device is a smart watch 201” and “smart watch 201 includes four operational components: a communication unit 202; a motion sensor 203; a data processing unit 204; and a power supply and/or transducer 205”, [0333] “Motion sensor 203 can continuously monitor a person's wrist movements to identify times when this pattern occurs to detect when the person is probably eating”; FIGS. 1-22);
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event (Connor: abstract; ¶¶ [0189] “a wearable device can automatically trigger a smart phone or other portable electronic device to start recording audio information using the smart phone's microphone when the wearable device detects that the person is probably eating. In an example, a wearable device can automatically trigger a smart phone or other portable electronic device to start recording visual information using the smart phone's camera when the wearable device detects that the person is probably eating”; FIGS. 1-22); and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event (Connor: abstract; ¶¶ [0159] “a device can collect food images that are used to extract a vector of food parameters (such as color, texture, shape, and size) that are automatically associated with vectors of food parameters in a database of such parameters for food identification”, [0335], [0346], [0368]-[0369]; FIGS. 1-22).
CLAIM 2
Connor teaches the processor-implemented method of claim 1, further comprising deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event (Connor: abstract; ¶¶ [258] “In an example, primary data is collected continuously, but secondary data is only collected when primary data indicates that a person is probably eating food. In an example, a primary data collection component operates continuously, but a secondary data collection component only operates when primary data indicates that a person is probably eating food”; FIGS. 1-22).
CLAIM 3
Connor teaches the processor-implemented method of claim 1, wherein the sensor input includes motion data, temperature, heart rate, pulse, galvanic skin response, blood or body chemistry, audio or video recording, or a combination thereof (Connor: abstract; ¶¶ [0189] “a wearable device can automatically trigger a smart phone or other portable electronic device to start recording audio information using the smart phone's microphone when the wearable device detects that the person is probably eating. In an example, a wearable device can automatically trigger a smart phone or other portable electronic device to start recording visual information using the smart phone's camera when the wearable device detects that the person is probably eating”, [0335] “can monitor for possible food consumption using one or more sensors selected from the group consisting of: electrogoniometer or strain gauge; optical sensor, miniature still picture camera, miniature video camera, miniature spectroscopy sensor; sound sensor, miniature microphone, speech recognition software, pulse sensor, ultrasound sensor; electromagnetic sensor, skin galvanic response (Galvanic Skin Response) sensor, EMG sensor, chewing sensor, swallowing sensor; and temperature sensor, thermometer, or infrared senso”).
CLAIM 4
Connor teaches the processor-implemented method of claim 1, wherein the one or more event-specific parameters include a timestamp relative to the start of the food intake event, a timestamp relative to an end of the food intake event, a duration of the food intake event, a bite count, a sip count, a pace of eating related to the food intake event, a pace of drinking related to the food intake event, a measure of an amount consumed during the food intake event, or a combination thereof (Connor: abstract; ¶¶ [0054] “generally count the number of mouthfuls of food that a person consumes”, [0352] “a smart watch device can be used to measure the types and amounts of food, ingredients, and/or nutrients that a person consumes as well as the types and durations”; FIGS. 1-22).
CLAIM 5
Connor teaches the processor-implemented method of claim 1, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event (Connor: abstract; ¶¶ [0189] “a wearable device can automatically trigger a smart phone or other portable electronic device to start recording audio information using the smart phone's microphone when the wearable device detects that the person is probably eating. In an example, a wearable device can automatically trigger a smart phone or other portable electronic device to start recording visual information using the smart phone's camera when the wearable device detects that the person is probably eating”; FIGS. 1-22).
CLAIM 6
Connor teaches the processor-implemented method of claim 5, further comprising analyzing the captured image content to identify at least one of food items, food content, nutritional information, portion size, eating behaviors, eating patterns, food categories, pace of eating, pace of drinking, meal type, or an amount of food consumed (Connor: abstract; ¶¶ [0237]-[0256]; FIGS. 1-22).
CLAIM 7
Connor teaches the processor-implemented method of claim 5, further comprising enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera (Connor: abstract; ¶¶ [0163]-[0165], [0363] “camera 502, …can project light beams within the field of vision”; FIGS. 1-22).
CLAIM 8
Connor teaches the processor-implemented method of claim 7, further comprising controlling operation of the projecting light source to communicate image capturing information to a user (Connor: abstract; ¶¶ [0163]-[0165], [0363] “camera 502, …can project light beams within the field of vision”; FIGS. 1-22).
CLAIM 9
Connor teaches the processor-implemented method of claim 1, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices (Connor: abstract; ¶¶ [0189] “a wearable device can automatically trigger a smart phone or other portable electronic device to start recording audio information using the smart phone's microphone when the wearable device detects that the person is probably eating. In an example, a wearable device can automatically trigger a smart phone or other portable electronic device to start recording visual information using the smart phone's camera when the wearable device detects that the person is probably eating”; FIGS. 1-22).
CLAIM 10
Connor teaches the processor-implemented method of claim 1, further comprising: storing at least the sensor data from the second set of one or more sensors, wherein determining the one or more event-specific parameters for the food intake event includes analyzing at least the stored sensor data from the second set of one or more sensors in non-real time (Connor: abstract; ¶¶ [0231] “a wearable and/or hand-held member of a device for measuring a person's consumption of at least one selected type of food, ingredient, or nutrient can comprise multiple components selected from the group consisting of: a food-consumption monitor or food-identifying sensor; a central processing unit (CPU) such as a microprocessor; a database of different types of food and food attributes; a memory to store, record, and retrieve data such as the cumulative amount consumed for at least one selected type of food, ingredient, or nutrient; a communications member to transmit data to from external sources and to receive data from external sources”; FIGS. 1-22).
CLAIM 11
Connor teaches the processor-implemented method of claim 1, further comprising determining, based on at least one of the user input or the sensor input from the first set of one or more sensors, a time for activating the second set of one or more sensors during the food intake event (Connor: abstract; ¶¶ [0189] “a wearable device can automatically trigger a smart phone or other portable electronic device to start recording audio information using the smart phone's microphone when the wearable device detects that the person is probably eating. In an example, a wearable device can automatically trigger a smart phone or other portable electronic device to start recording visual information using the smart phone's camera when the wearable device detects that the person is probably eating”; FIGS. 1-22).
CLAIM 12
Connor teaches the processor-implemented method of claim 1, further comprising providing feedback to a user, the feedback including a haptic feedback signal, a sound alarm, a display message, a notification, or a combination thereof (Connor: abstract; ¶¶ [0226]-[0230] “can provide feedback to the person”, [0339]; FIGS. 1-22).
CLAIM 13
Connor teaches the processor-implemented method of claim 1, further comprising, in response to detecting the start of the food intake event, changing at least one sensor of the first set of one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode (Connor: abstract; ¶¶ [0135] “food-identifying sensor can be triggered by the results of a general food-consumption monitor. In an example, a general food-consumption monitor with low privacy intrusion (but low food identification accuracy) can operate continually and trigger the operation of a food-identifying sensor with high privacy intrusion (but high food identification accuracy) when the person is eating. In an example, a general food-consumption monitor with low privacy intrusion (but low power or resource requirements) can operate continually and trigger the operation of a food-identifying sensor with high privacy intrusion (but high power or resource requirements) when the person is eating”; FIGS. 1-22).
CLAIM 14
Connor teaches the processor-implemented method of claim 13, wherein the high performance mode is associated with a reduced latency, an increased sampling rate, an increased data processing speed, additional data processing, or a combination thereof (Connor: abstract; ¶¶ [0135] “food-identifying sensor can be triggered by the results of a general food-consumption monitor. In an example, a general food-consumption monitor with low privacy intrusion (but low food identification accuracy) can operate continually and trigger the operation of a food-identifying sensor with high privacy intrusion (but high food identification accuracy) when the person is eating. In an example, a general food-consumption monitor with low privacy intrusion (but low power or resource requirements) can operate continually and trigger the operation of a food-identifying sensor with high privacy intrusion (but high power or resource requirements) when the person is eating”; FIGS. 1-22).
CLAIM 15
Connor teaches a system comprising: one or more processors; and one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of: (Connor: abstract; ¶¶ [0199] “a wearable device for measuring food consumption can be in wireless communication with an external device selected from the group consisting of: a cell phone, an electronic tablet, electronically-functional eyewear, a home electronics portal, an internet portal, a laptop computer, a mobile phone, a remote computer, a remote control unit, a smart phone, a smart utensil, a television set, and a virtual menu system”; FIGS. 1-22).
The remainder of claim 15 repeats substantially the same limitations as those in claim 1. As such, claim 15 is rejected for substantially the same reasons given for claim 1 and are incorporated herein.
CLAIM 16-20
Claims 16-20 repeat substantially the same limitations as those in claims 2, 5, 7, 9 and 13. As such, claims 16-20 are rejected for substantially the same reasons given for claims 2, 5, 7, 9 and 13 and are incorporated herein.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
4.1. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 8-12 and 19 of U.S. Patent No. 12,374,455 and secondary reference Connor (US 2014/0349256). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-20 of instant pending patent application 18/239255 correspond to limitations recited in claims 1, 6, 8-12 and 19 of U.S. Patent 12,374,455 and secondary reference Connor (US 2014/0349256). The difference between the instant application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of the patent claims is in effect a “species” of the “generic” invention of the instant application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). As such, because instant application claims are anticipated by the patent claims, the instant application claims are not patentably distinct from the patent claims. Moreover, any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (18/239255)
US PATENT 12,374,455
CLAIM 1
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 1
A method of sensing user activity, the method comprising:
obtaining sensor readings associated with movement of a body part of a user of an electronic device;
determining a gesture indicative of a start of a food intake event based on the sensor readings and on a confidence level associated with the gesture exceeding a threshold;
obtaining an image related to the food intake event, the image captured using an image capture capability that is activated responsive to determining the gesture indicative of the start of the food intake event;
determining a sequence of gestures related to the food intake event based on the sensor readings;
determining, from the sequence of gestures, one or more parameters for the food intake event; and
storing the one or more parameters in association with the image.
CLAIM 2
The processor-implemented method of claim 1, further comprising deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 3
The processor-implemented method of claim 1, wherein the sensor input includes motion data, temperature, heart rate, pulse, galvanic skin response, blood or body chemistry, audio or video recording, or a combination thereof.
CLAIM 1
A method of sensing user activity, the method comprising:
obtaining sensor readings associated with movement of a body part of a user of an electronic device;
determining a gesture indicative of a start of a food intake event based on the sensor readings and on a confidence level associated with the gesture exceeding a threshold;
obtaining an image related to the food intake event, the image captured using an image capture capability that is activated responsive to determining the gesture indicative of the start of the food intake event;
determining a sequence of gestures related to the food intake event based on the sensor readings;
determining, from the sequence of gestures, one or more parameters for the food intake event; and
storing the one or more parameters in association with the image.
CLAIM 4
The processor-implemented method of claim 1, wherein the one or more event-specific parameters include a timestamp relative to the start of the food intake event, a timestamp relative to an end of the food intake event, a duration of the food intake event, a bite count, a sip count, a pace of eating related to the food intake event, a pace of drinking related to the food intake event, a measure of an amount consumed during the food intake event, or a combination thereof.
CLAIM 8
The method of claim 1, wherein the one or more parameters associated with the food intake event include a pace of eating or drinking related to the food intake event, an amount consumed during the food intake event, or a combination thereof.
CLAIM 9
The method of claim 1, further comprising estimating a duration of the food intake event, a bite count, a sip count, an eating pace, a drinking pace, or a combination thereof.
CLAIM 5
The processor-implemented method of claim 1, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
CLAIM 10
The method of claim 1, wherein: the electronic device comprises a camera, the camera comprising the image capture capability; and obtaining the image related to the food intake event further comprises activating the image capture capability of the camera.
CLAIM 6
The processor-implemented method of claim 5, further comprising analyzing the captured image content to identify at least one of food items, food content, nutritional information, portion size, eating behaviors, eating patterns, food categories, pace of eating, pace of drinking, meal type, or an amount of food consumed.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 7
The processor-implemented method of claim 5, further comprising enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
CLAIM 11
The method of claim 10, further comprising: enabling a projecting light source of the electronic device, in response to determining the start of the food intake event; and projecting visible light from the projecting light source to indicate an area within view of the camera.
CLAIM 8
The processor-implemented method of claim 7, further comprising controlling operation of the projecting light source to communicate image capturing information to a user.
CLAIM 12
The method of claim 11, further comprising: controlling operation of the projecting light source to communicate image capturing information to the user of the electronic device.
CLAIM 9
The processor-implemented method of claim 1, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 1
A method of sensing user activity, the method comprising:
obtaining sensor readings associated with movement of a body part of a user of an electronic device;
determining a gesture indicative of a start of a food intake event based on the sensor readings and on a confidence level associated with the gesture exceeding a threshold;
obtaining an image related to the food intake event, the image captured using an image capture capability that is activated responsive to determining the gesture indicative of the start of the food intake event;
determining a sequence of gestures related to the food intake event based on the sensor readings;
determining, from the sequence of gestures, one or more parameters for the food intake event; and
storing the one or more parameters in association with the image.
CLAIM 10
The processor-implemented method of claim 1, further comprising: storing at least the sensor data from the second set of one or more sensors, wherein determining the one or more event-specific parameters for the food intake event includes analyzing at least the stored sensor data from the second set of one or more sensors in non-real time.
CLAIM 1
A method of sensing user activity, the method comprising:
obtaining sensor readings associated with movement of a body part of a user of an electronic device;
determining a gesture indicative of a start of a food intake event based on the sensor readings and on a confidence level associated with the gesture exceeding a threshold;
obtaining an image related to the food intake event, the image captured using an image capture capability that is activated responsive to determining the gesture indicative of the start of the food intake event;
determining a sequence of gestures related to the food intake event based on the sensor readings;
determining, from the sequence of gestures, one or more parameters for the food intake event; and
storing the one or more parameters in association with the image.
CLAIM 5
The method of claim 1, wherein determining the gesture indicative of the start of the food intake event includes comparing the sensor readings with a plurality of gesture patterns stored in a database.
CLAIM 11
The processor-implemented method of claim 1, further comprising determining, based on at least one of the user input or the sensor input from the first set of one or more sensors, a time for activating the second set of one or more sensors during the food intake event.
CLAIM 1
A method of sensing user activity, the method comprising:
obtaining sensor readings associated with movement of a body part of a user of an electronic device;
determining a gesture indicative of a start of a food intake event based on the sensor readings and on a confidence level associated with the gesture exceeding a threshold;
obtaining an image related to the food intake event, the image captured using an image capture capability that is activated responsive to determining the gesture indicative of the start of the food intake event;
determining a sequence of gestures related to the food intake event based on the sensor readings;
determining, from the sequence of gestures, one or more parameters for the food intake event; and
storing the one or more parameters in association with the image.
CLAIM 12
The processor-implemented method of claim 1, further comprising providing feedback to a user, the feedback including a haptic feedback signal, a sound alarm, a display message, a notification, or a combination thereof.
CLAIM 6
The method of claim 1, further comprising providing feedback to the user, wherein the feedback comprises periodic haptic feedback signals, sound alarms, display messages, notifications, or any combination thereof.
CLAIM 13
The processor-implemented method of claim 1, further comprising, in response to detecting the start of the food intake event, changing at least one sensor of the first set of one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 14
The processor-implemented method of claim 13, wherein the high performance mode is associated with a reduced latency, an increased sampling rate, an increased data processing speed, additional data processing, or a combination thereof.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 15
A system comprising:
one or more processors; and
one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 19
A system for sensing user activity, the system comprising:
one or more transceivers;
one or more memories; and
one or more processors communicatively coupled with the one or more transceivers and the one or more memories, wherein the one or more processors are configured to:
obtain sensor readings associated with movement of a body part of a user of an electronic device;
determine a gesture indicative of a start of a food intake event based on the sensor readings and on a confidence level associated with the gesture exceeding a threshold;
obtain an image related to the food intake event, the image captured using an image capture capability that is activated responsive to determining the gesture indicative of the start of the food intake event;
determine a sequence of gestures related to the food intake event based on the sensor readings;
determine, from the sequence of gestures, one or more parameters for the food intake event; and
store the one or more parameters in association with the image in the one or more memories.
CLAIM 16
The system of claim 15, wherein the instructions further cause performance of deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 17
The system of claim 15, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
CLAIM 10
The method of claim 1, wherein: the electronic device comprises a camera, the camera comprising the image capture capability; and obtaining the image related to the food intake event further comprises activating the image capture capability of the camera.
CLAIM 18
The system of claim 17, wherein the instructions further cause performance of enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
CLAIM 11
The method of claim 10, further comprising: enabling a projecting light source of the electronic device, in response to determining the start of the food intake event; and projecting visible light from the projecting light source to indicate an area within view of the camera.
CLAIM 19
The system of claim 15, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 19
A system for sensing user activity, the system comprising:
one or more transceivers;
one or more memories; and
one or more processors communicatively coupled with the one or more transceivers and the one or more memories, wherein the one or more processors are configured to:
obtain sensor readings associated with movement of a body part of a user of an electronic device;
determine a gesture indicative of a start of a food intake event based on the sensor readings and on a confidence level associated with the gesture exceeding a threshold;
obtain an image related to the food intake event, the image captured using an image capture capability that is activated responsive to determining the gesture indicative of the start of the food intake event;
determine a sequence of gestures related to the food intake event based on the sensor readings;
determine, from the sequence of gestures, one or more parameters for the food intake event; and
store the one or more parameters in association with the image in the one or more memories.
CLAIM 20
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from one or more sensors, a start of a food intake event;
changing, in response to detecting the start of the food intake event, at least one sensor of the one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode; and
determining, based on at least sensor data from the at least one sensor in the high performance mode, one or more event-specific parameters for the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
4.2. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 15-17 of U.S. Patent No. 11,929,167 and secondary reference Connor (US 2014/0349256). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-20 of instant pending patent application 18/239255 correspond to limitations recited in claims 1-6 and 15-17 of U.S. Patent 11,929,167 and secondary reference Connor (US 2014/0349256). The difference between the instant application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of the patent claims is in effect a “species” of the “generic” invention of the instant application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). As such, because instant application claims are anticipated by the patent claims, the instant application claims are not patentably distinct from the patent claims. Moreover, any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (18/239255)
US PATENT 11,929,167
CLAIM 1
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one wearable electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from a sensor of the at least one wearable electronic device that measures movement of a body part of the wearer;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 2
The processor-implemented method of claim 1, further comprising deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 3
The processor-implemented method of claim 1, wherein the sensor input includes motion data, temperature, heart rate, pulse, galvanic skin response, blood or body chemistry, audio or video recording, or a combination thereof.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one wearable electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from a sensor of the at least one wearable electronic device that measures movement of a body part of the wearer;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 4
The processor-implemented method of claim 1, wherein the one or more event-specific parameters include a timestamp relative to the start of the food intake event, a timestamp relative to an end of the food intake event, a duration of the food intake event, a bite count, a sip count, a pace of eating related to the food intake event, a pace of drinking related to the food intake event, a measure of an amount consumed during the food intake event, or a combination thereof.
CLAIM 2
The method of claim 1, wherein the event-specific parameters include one or more of: a timestamp relative to a start of the food intake event, a timestamp relative to an end of the food intake event, a pace of eating related to the food intake event, a pace of drinking related to the food intake event, and a measure of an amount consumed during the food intake event.
CLAIM 3
The method of claim 1, further comprising estimating one or more of: a duration of the food intake event, a bite count, a sip count, an eating pace, or a drinking pace.
CLAIM 5
The processor-implemented method of claim 1, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
CLAIM 4
The method of claim 1, wherein: the at least one wearable electronic device comprises a camera; the activating step activates the image capture function of the camera; and the camera of the at least one wearable electronic device captures the image content related to the food intake event.
CLAIM 6
The processor-implemented method of claim 5, further comprising analyzing the captured image content to identify at least one of food items, food content, nutritional information, portion size, eating behaviors, eating patterns, food categories, pace of eating, pace of drinking, meal type, or an amount of food consumed.
CLAIM 15
The method of claim 1, further comprising: analyzing at least some of the captured image content to identify food items, identify food content, identify or retrieve nutritional information, estimate portion size, identify or infer eating behaviors, identify or infer eating patterns, identify food categories, identify or infer pace of eating, identify or infer pace of drinking, identify meal type, or estimate an amount of food consumed.
CLAIM 7
The processor-implemented method of claim 5, further comprising enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
CLAIM 5
The method of claim 4, further comprising: enabling a projecting light source of the at least one wearable electronic device, in response to determining the start of the food intake event; and projecting visible light from the projecting light source to indicate an area within view of the camera.
CLAIM 8
The processor-implemented method of claim 7, further comprising controlling operation of the projecting light source to communicate image capturing information to a user.
CLAIM 6
The method of claim 5, further comprising: controlling operation of the projecting light source to communicate image capturing information to the wearer of the at least one wearable electronic device.
CLAIM 9
The processor-implemented method of claim 1, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one wearable electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from a sensor of the at least one wearable electronic device that measures movement of a body part of the wearer;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 10
The processor-implemented method of claim 1, further comprising: storing at least the sensor data from the second set of one or more sensors, wherein determining the one or more event-specific parameters for the food intake event includes analyzing at least the stored sensor data from the second set of one or more sensors in non-real time.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one wearable electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from a sensor of the at least one wearable electronic device that measures movement of a body part of the wearer;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 11
The processor-implemented method of claim 1, further comprising determining, based on at least one of the user input or the sensor input from the first set of one or more sensors, a time for activating the second set of one or more sensors during the food intake event.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one wearable electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from a sensor of the at least one wearable electronic device that measures movement of a body part of the wearer;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 12
The processor-implemented method of claim 1, further comprising providing feedback to a user, the feedback including a haptic feedback signal, a sound alarm, a display message, a notification, or a combination thereof.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 13
The processor-implemented method of claim 1, further comprising, in response to detecting the start of the food intake event, changing at least one sensor of the first set of one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 14
The processor-implemented method of claim 13, wherein the high performance mode is associated with a reduced latency, an increased sampling rate, an increased data processing speed, additional data processing, or a combination thereof.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 15
A system comprising:
one or more processors; and
one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 16
A system for sensing wearer activity, the system comprising:
at least one wearable electronic device comprising a sensor that measures movement of a body part of a wearer of the at least one wearable electronic device;
a camera to capture image content; at least one processor; and
at least one non-transitory computer-readable storage medium comprising program instructions configurable to be executed by the at least one processor to perform a method of sensing activity of the wearer, the method comprising:
determining sensor readings, wherein at least one sensor reading is from the sensor of the at least one wearable electronic device;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function of the camera to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 16
The system of claim 15, wherein the instructions further cause performance of deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 17
The system of claim 15, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
CLAIM 16
A system for sensing wearer activity, the system comprising:
at least one wearable electronic device comprising a sensor that measures movement of a body part of a wearer of the at least one wearable electronic device;
a camera to capture image content;
at least one processor; and
at least one non-transitory computer-readable storage medium comprising program instructions configurable to be executed by the at least one processor to perform a method of sensing activity of the wearer, the method comprising:
determining sensor readings, wherein at least one sensor reading is from the sensor of the at least one wearable electronic device;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function of the camera to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 18
The system of claim 17, wherein the instructions further cause performance of enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
CLAIM 17
The system of claim 16, wherein the at least one wearable electronic device comprises a projecting light source, and wherein the method performed by the at least one processor further comprises: enabling the projecting light source in response to determining the start of the food intake event; and projecting visible light from the projecting light source to indicate an area within view of the camera.
CLAIM 19
The system of claim 15, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 16
A system for sensing wearer activity, the system comprising:
at least one wearable electronic device comprising a sensor that measures movement of a body part of a wearer of the at least one wearable electronic device;
a camera to capture image content;
at least one processor; and
at least one non-transitory computer-readable storage medium comprising program instructions configurable to be executed by the at least one processor to perform a method of sensing activity of the wearer, the method comprising:
determining sensor readings, wherein at least one sensor reading is from the sensor of the at least one wearable electronic device;
determining, from the sensor readings, at least one gesture indicative of a start of a food intake event;
activating, upon determining the start of the food intake event, an image capture function of the camera to facilitate capture of image content related to the food intake event;
collecting, after activating the image capture function, at least one captured image or at least one captured video related to the food intake event;
determining, from the sensor readings, a sequence of gestures related to the food intake event;
deriving, from the sequence of gestures, event-specific parameters for the food intake event; and
storing the derived event-specific parameters in association with the at least one captured image or the at least one captured video related to the food intake event.
CLAIM 20
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from one or more sensors, a start of a food intake event;
changing, in response to detecting the start of the food intake event, at least one sensor of the one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode; and
determining, based on at least sensor data from the at least one sensor in the high performance mode, one or more event-specific parameters for the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
4.3. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 9, 22 and 24 of U.S. Patent No. 11,069,443 and secondary reference Connor (US 2014/0349256). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-20 of instant pending patent application 18/239255 correspond to limitations recited in claims 1-2, 9, 22 and 24 of U.S. Patent 11,069,443 and secondary reference Connor (US 2014/0349256). The difference between the instant application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of the patent claims is in effect a “species” of the “generic” invention of the instant application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). As such, because instant application claims are anticipated by the patent claims, the instant application claims are not patentably distinct from the patent claims. Moreover, any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (18/239255)
US PATENT 11,069,443
CLAIM 1
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of a body part of the wearer;
determining a first gesture indicative of a potential behavior event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of at least one behavior event corresponding to the potential behavior event, based on detection of a single event with a confidence level above a predetermined confidence level or based on a sequence of two or more sensed gestures;
activating, upon determining the start of the at least one behavior event, at least one sensor or component of a food intake tracking system;
collecting, from the at least one sensor or component after activation, data or information related to the at least one behavior event; providing storage for event-specific parameters, initialized for the at least one behavior event;
determining, when in the in-event state, a sequence of gestures related to the at least one behavior event; and
deriving the event-specific parameters about the at least one behavior event from the sequence of gestures.
CLAIM 9
The method of claim 1, wherein the at least one behavior event is a food intake event.
CLAIM 2
The processor-implemented method of claim 1, further comprising deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 3
The processor-implemented method of claim 1, wherein the sensor input includes motion data, temperature, heart rate, pulse, galvanic skin response, blood or body chemistry, audio or video recording, or a combination thereof.
CLAIM 24
A method of sensing wearer activity, including at least one behavior event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
determining, using the processor and based on the first gesture, a start of the at least one behavior event;
sending, upon detection of the start of the at least one behavior event, an activation signal to an image capture device to perform an action related to facilitating a capture of an image related to the at least one behavior event;
collecting, from the image capture device after activation, a captured image related to the at least one behavior event;
providing storage for event-specific parameters, initialized for the behavior event;
determining, when in the in-event state, a sequence of gestures related to the behavior event, using the processor; and
deriving the event-specific parameters about the behavior event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the behavior event.
CLAIM 4
The processor-implemented method of claim 1, wherein the one or more event-specific parameters include a timestamp relative to the start of the food intake event, a timestamp relative to an end of the food intake event, a duration of the food intake event, a bite count, a sip count, a pace of eating related to the food intake event, a pace of drinking related to the food intake event, a measure of an amount consumed during the food intake event, or a combination thereof.
CLAIM 2
The method of claim 1, wherein the event-specific parameters include one or more of a timestamp relative to a start of the at least one behavior event, a pace related to the at least one behavior event, and/or a measure of an amount of an activity associated with the at least one behavior event.
CLAIM 22
The method of claim 10, further comprising estimating one or more of a duration of the identified food intake event, a bite count, a sip count, an eating pace, or a drinking pace.
CLAIM 5
The processor-implemented method of claim 1, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
CLAIM 24
A method of sensing wearer activity, including at least one behavior event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
determining, using the processor and based on the first gesture, a start of the at least one behavior event;
sending, upon detection of the start of the at least one behavior event, an activation signal to an image capture device to perform an action related to facilitating a capture of an image related to the at least one behavior event;
collecting, from the image capture device after activation, a captured image related to the at least one behavior event;
providing storage for event-specific parameters, initialized for the behavior event;
determining, when in the in-event state, a sequence of gestures related to the behavior event, using the processor; and
deriving the event-specific parameters about the behavior event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the behavior event.
CLAIM 6
The processor-implemented method of claim 5, further comprising analyzing the captured image content to identify at least one of food items, food content, nutritional information, portion size, eating behaviors, eating patterns, food categories, pace of eating, pace of drinking, meal type, or an amount of food consumed.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 7
The processor-implemented method of claim 5, further comprising enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 8
The processor-implemented method of claim 7, further comprising controlling operation of the projecting light source to communicate image capturing information to a user.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 9
The processor-implemented method of claim 1, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of a body part of the wearer;
determining a first gesture indicative of a potential behavior event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of at least one behavior event corresponding to the potential behavior event, based on detection of a single event with a confidence level above a predetermined confidence level or based on a sequence of two or more sensed gestures;
activating, upon determining the start of the at least one behavior event, at least one sensor or component of a food intake tracking system;
collecting, from the at least one sensor or component after activation, data or information related to the at least one behavior event; providing storage for event-specific parameters, initialized for the at least one behavior event;
determining, when in the in-event state, a sequence of gestures related to the at least one behavior event; and
deriving the event-specific parameters about the at least one behavior event from the sequence of gestures.
CLAIM 10
The processor-implemented method of claim 1, further comprising: storing at least the sensor data from the second set of one or more sensors, wherein determining the one or more event-specific parameters for the food intake event includes analyzing at least the stored sensor data from the second set of one or more sensors in non-real time.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of a body part of the wearer;
determining a first gesture indicative of a potential behavior event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of at least one behavior event corresponding to the potential behavior event, based on detection of a single event with a confidence level above a predetermined confidence level or based on a sequence of two or more sensed gestures;
activating, upon determining the start of the at least one behavior event, at least one sensor or component of a food intake tracking system;
collecting, from the at least one sensor or component after activation, data or information related to the at least one behavior event;
providing storage for event-specific parameters, initialized for the at least one behavior event;
determining, when in the in-event state, a sequence of gestures related to the at least one behavior event; and
deriving the event-specific parameters about the at least one behavior event from the sequence of gestures.
CLAIM 11
The processor-implemented method of claim 1, further comprising determining, based on at least one of the user input or the sensor input from the first set of one or more sensors, a time for activating the second set of one or more sensors during the food intake event.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of a body part of the wearer;
determining a first gesture indicative of a potential behavior event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of at least one behavior event corresponding to the potential behavior event, based on detection of a single event with a confidence level above a predetermined confidence level or based on a sequence of two or more sensed gestures;
activating, upon determining the start of the at least one behavior event, at least one sensor or component of a food intake tracking system;
collecting, from the at least one sensor or component after activation, data or information related to the at least one behavior event; providing storage for event-specific parameters, initialized for the at least one behavior event;
determining, when in the in-event state, a sequence of gestures related to the at least one behavior event; and
deriving the event-specific parameters about the at least one behavior event from the sequence of gestures.
CLAIM 12
The processor-implemented method of claim 1, further comprising providing feedback to a user, the feedback including a haptic feedback signal, a sound alarm, a display message, a notification, or a combination thereof.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 13
The processor-implemented method of claim 1, further comprising, in response to detecting the start of the food intake event, changing at least one sensor of the first set of one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 14
The processor-implemented method of claim 13, wherein the high performance mode is associated with a reduced latency, an increased sampling rate, an increased data processing speed, additional data processing, or a combination thereof.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 15
A system comprising:
one or more processors; and
one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of a body part of the wearer;
determining a first gesture indicative of a potential behavior event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of at least one behavior event corresponding to the potential behavior event, based on detection of a single event with a confidence level above a predetermined confidence level or based on a sequence of two or more sensed gestures;
activating, upon determining the start of the at least one behavior event, at least one sensor or component of a food intake tracking system;
collecting, from the at least one sensor or component after activation, data or information related to the at least one behavior event; providing storage for event-specific parameters, initialized for the at least one behavior event;
determining, when in the in-event state, a sequence of gestures related to the at least one behavior event; and
deriving the event-specific parameters about the at least one behavior event from the sequence of gestures.
CLAIM 9
The method of claim 1, wherein the at least one behavior event is a food intake event.
CLAIM 16
The system of claim 15, wherein the instructions further cause performance of deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 17
The system of claim 15, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
CLAIM 24
A method of sensing wearer activity, including at least one behavior event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
determining, using the processor and based on the first gesture, a start of the at least one behavior event;
sending, upon detection of the start of the at least one behavior event, an activation signal to an image capture device to perform an action related to facilitating a capture of an image related to the at least one behavior event;
collecting, from the image capture device after activation, a captured image related to the at least one behavior event;
providing storage for event-specific parameters, initialized for the behavior event;
determining, when in the in-event state, a sequence of gestures related to the behavior event, using the processor; and
deriving the event-specific parameters about the behavior event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the behavior event.
CLAIM 18
The system of claim 17, wherein the instructions further cause performance of enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 19
The system of claim 15, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of a body part of the wearer;
determining a first gesture indicative of a potential behavior event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of at least one behavior event corresponding to the potential behavior event, based on detection of a single event with a confidence level above a predetermined confidence level or based on a sequence of two or more sensed gestures;
activating, upon determining the start of the at least one behavior event, at least one sensor or component of a food intake tracking system;
collecting, from the at least one sensor or component after activation, data or information related to the at least one behavior event; providing storage for event-specific parameters, initialized for the at least one behavior event;
determining, when in the in-event state, a sequence of gestures related to the at least one behavior event; and
deriving the event-specific parameters about the at least one behavior event from the sequence of gestures.
CLAIM 20
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from one or more sensors, a start of a food intake event;
changing, in response to detecting the start of the food intake event, at least one sensor of the one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode; and
determining, based on at least sensor data from the at least one sensor in the high performance mode, one or more event-specific parameters for the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
4.4. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9 and 13 of U.S. Patent No. 10,373,716 and secondary reference Connor (US 2014/0349256). Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-20 of instant pending patent application 18/239255 correspond to limitations recited in claims 1, 9 and 13 of U.S. Patent 10,373,716 and secondary reference Connor (US 2014/0349256). The difference between the instant application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of the patent claims is in effect a “species” of the “generic” invention of the instant application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). As such, because instant application claims are anticipated by the patent claims, the instant application claims are not patentably distinct from the patent claims. Moreover, any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (18/239255)
US PATENT 10,373,716
CLAIM 1
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 1
A method of sensing wearer activity, including at least one food intake event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of the at least one food intake event;
providing storage for event-specific parameters, initialized for the food intake event;
determining, when in the in-event state, a sequence of gestures related to the food intake event, using the processor, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
changing, using the processor, the electronic device to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more of the event-specific parameters; and
deriving the event-specific parameters about the food intake event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the food intake event.
CLAIM 2
The processor-implemented method of claim 1, further comprising deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 3
The processor-implemented method of claim 1, wherein the sensor input includes motion data, temperature, heart rate, pulse, galvanic skin response, blood or body chemistry, audio or video recording, or a combination thereof.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 4
The processor-implemented method of claim 1, wherein the one or more event-specific parameters include a timestamp relative to the start of the food intake event, a timestamp relative to an end of the food intake event, a duration of the food intake event, a bite count, a sip count, a pace of eating related to the food intake event, a pace of drinking related to the food intake event, a measure of an amount consumed during the food intake event, or a combination thereof.
CLAIM 1
A method of sensing wearer activity, including at least one food intake event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of the at least one food intake event;
providing storage for event-specific parameters, initialized for the food intake event;
determining, when in the in-event state, a sequence of gestures related to the food intake event, using the processor, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
changing, using the processor, the electronic device to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more of the event-specific parameters; and
deriving the event-specific parameters about the food intake event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the food intake event.
CLAIM 9
The method of claim 6, wherein the behavior event is an eating event or a drinking event, the method further comprising estimating one or more of a duration of the behavior event, a bite count, a sip count, an eating pace, or a drinking pace.
CLAIM 5
The processor-implemented method of claim 1, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 6
The processor-implemented method of claim 5, further comprising analyzing the captured image content to identify at least one of food items, food content, nutritional information, portion size, eating behaviors, eating patterns, food categories, pace of eating, pace of drinking, meal type, or an amount of food consumed.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 7
The processor-implemented method of claim 5, further comprising enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 8
The processor-implemented method of claim 7, further comprising controlling operation of the projecting light source to communicate image capturing information to a user.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 9
The processor-implemented method of claim 1, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 1
A method of sensing wearer activity, including at least one food intake event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of the at least one food intake event;
providing storage for event-specific parameters, initialized for the food intake event;
determining, when in the in-event state, a sequence of gestures related to the food intake event, using the processor, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
changing, using the processor, the electronic device to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more of the event-specific parameters; and
deriving the event-specific parameters about the food intake event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the food intake event.
CLAIM 10
The processor-implemented method of claim 1, further comprising: storing at least the sensor data from the second set of one or more sensors, wherein determining the one or more event-specific parameters for the food intake event includes analyzing at least the stored sensor data from the second set of one or more sensors in non-real time.
CLAIM 1
A method of sensing wearer activity, including at least one food intake event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of the at least one food intake event;
providing storage for event-specific parameters, initialized for the food intake event;
determining, when in the in-event state, a sequence of gestures related to the food intake event, using the processor, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
changing, using the processor, the electronic device to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more of the event-specific parameters; and
deriving the event-specific parameters about the food intake event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the food intake event.
CLAIM 11
The processor-implemented method of claim 1, further comprising determining, based on at least one of the user input or the sensor input from the first set of one or more sensors, a time for activating the second set of one or more sensors during the food intake event.
CLAIM 1
A method of sensing wearer activity, including at least one food intake event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of the at least one food intake event;
providing storage for event-specific parameters, initialized for the food intake event;
determining, when in the in-event state, a sequence of gestures related to the food intake event, using the processor, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
changing, using the processor, the electronic device to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more of the event-specific parameters; and
deriving the event-specific parameters about the food intake event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the food intake event.
CLAIM 12
The processor-implemented method of claim 1, further comprising providing feedback to a user, the feedback including a haptic feedback signal, a sound alarm, a display message, a notification, or a combination thereof.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 13
The processor-implemented method of claim 1, further comprising, in response to detecting the start of the food intake event, changing at least one sensor of the first set of one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode.
CLAIM 1
A method of sensing wearer activity, including at least one food intake event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of the at least one food intake event;
providing storage for event-specific parameters, initialized for the food intake event;
determining, when in the in-event state, a sequence of gestures related to the food intake event, using the processor, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
changing, using the processor, the electronic device to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more of the event-specific parameters; and
deriving the event-specific parameters about the food intake event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the food intake event.
CLAIM 14
The processor-implemented method of claim 13, wherein the high performance mode is associated with a reduced latency, an increased sampling rate, an increased data processing speed, additional data processing, or a combination thereof.
CLAIM 1
A method of sensing wearer activity, including at least one food intake event, using at least one electronic device worn by a wearer, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of an arm of the wearer;
determining a first gesture indicative of a potential event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of the at least one food intake event;
providing storage for event-specific parameters, initialized for the food intake event;
determining, when in the in-event state, a sequence of gestures related to the food intake event, using the processor, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
changing, using the processor, the electronic device to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more of the event-specific parameters; and
deriving the event-specific parameters about the food intake event from the sequence of gestures, the event-specific parameters including a timestamp relative to the start of the food intake event.
CLAIM 15
A system comprising:
one or more processors; and
one or more processor-readable media storing instructions which, when executed by the one or more processors, cause performance of:
detecting, based on at least one of user input or sensor input from a first set of one or more sensors, a start of a food intake event;
activating, in response to detecting the start of the food intake event, a second set of one or more sensors for tracking the food intake event; and
determining, based on at least sensor data from the second set of one or more sensors, one or more event-specific parameters for the food intake event.
CLAIM 13
An electronic system for sensing user activity, including at least one behavior event of a user, comprising:
a wearable device having an accelerometer that measures movement of an arm of the user when the wearable device is being worn by the user;
one or more additional sensors that, when the wearable device is being worn by the user, sense parameters about movement of the user;
a processor capable of reading sensor readings of the parameters, wherein at least one sensor reading is from the accelerometer;
memory storage for a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
program code executable by the processor for determining, when in the out-of-event state, based on at least some of the sensor readings, a first gesture indicative of a potential start of the at least one behavior event and a confidence level for the first gesture;
program code executable by the processor for determining, when in the in-event state, a sequence of gestures, using sensor readings, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
program code executable by the processor for changing to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more event-specific parameters; and
program code for deriving the event-specific parameters about the behavior event from the sequence of gestures, the event-specific parameters including a timestamp for the potential start of the behavior event.
CLAIM 16
The system of claim 15, wherein the instructions further cause performance of deactivating at least one sensor of the second set of one or more sensors in response to detecting an end of the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 17
The system of claim 15, wherein: the second set of one or more sensors comprises a camera; and activating the second set of one or more sensors includes activating an image capture function of the camera to capture image content related to the food intake event.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 18
The system of claim 17, wherein the instructions further cause performance of enabling, in response to detecting the start of the food intake event, a projecting light source to project visible light to an area within a field of view of the camera.
It is submitted that this claim would be rendered obvious via a secondary reference (e.g., Connor: US 2014/0349256) and thus, is rejected under double patenting.
CLAIM 19
The system of claim 15, wherein the first set of one or more sensors and the second set of one or more sensors are on one or more electronic devices.
CLAIM 13
An electronic system for sensing user activity, including at least one behavior event of a user, comprising:
a wearable device having an accelerometer that measures movement of an arm of the user when the wearable device is being worn by the user;
one or more additional sensors that, when the wearable device is being worn by the user, sense parameters about movement of the user;
a processor capable of reading sensor readings of the parameters, wherein at least one sensor reading is from the accelerometer;
memory storage for a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state;
program code executable by the processor for determining, when in the out-of-event state, based on at least some of the sensor readings, a first gesture indicative of a potential start of the at least one behavior event and a confidence level for the first gesture;
program code executable by the processor for determining, when in the in-event state, a sequence of gestures, using sensor readings, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
program code executable by the processor for changing to a higher performance state in response to the stored state being modified from the out-of-event state to the in-event state, wherein the higher performance state comprises one or more of additional power supplied to sensors, additional power being drawn by the sensors, a reduced latency of a communications channel, an increased sensor sampling rate of the sensors, additional computations performed by the processor, activation of a data recorder, and/or sending a signal to an external device indicating one or more event-specific parameters; and
program code for deriving the event-specific parameters about the behavior event from the sequence of gestures, the event-specific parameters including a timestamp for the potential start of the behavior event.
CLAIM 20
A processor-implemented method comprising:
detecting, based on at least one of user input or sensor input from one or more sensors, a start of a food intake event;
changing, in response to detecting the start of the food intake event, at least one sensor of the one or more sensors from a low power mode to a high performance mode that consumes more power than the low power mode; and
determining, based on at least sensor data from the at least one sensor in the high performance mode, one or more event-specific parameters for the food intake event.
CLAIM 1
A method of sensing wearer activity, including behavior events of a wearer of at least one electronic device, the method comprising:
determining, using a processor, sensor readings, wherein at least one sensor reading is from an accelerometer of the at least one electronic device that measures movement of a body part of the wearer;
determining a first gesture indicative of a potential behavior event from the sensor readings;
determining, using the processor, a stored state, the stored state being a state from a set of states that includes an in-event state and an out-of-event state, wherein the processor processes gesture indications differently in the in-event state and in the out-of-event state;
when in the out-of-event state, determining, using the processor and based on the first gesture, a start of at least one behavior event corresponding to the potential behavior event, based on detection of a single event with a confidence level above a predetermined confidence level or based on a sequence of two or more sensed gestures;
activating, upon determining the start of the at least one behavior event, at least one sensor or component of a food intake tracking system;
collecting, from the at least one sensor or component after activation, data or information related to the at least one behavior event; providing storage for event-specific parameters, initialized for the at least one behavior event;
determining, when in the in-event state, a sequence of gestures related to the at least one behavior event; and
deriving the event-specific parameters about the at least one behavior event from the sequence of gestures.
CLAIM 9
The method of claim 1, wherein the at least one behavior event is a food intake event.
Relevant Non-Cited Prior Art
6. The following discovered prior art was not cited in this rejection but may be relevant:
Connor (US 2016/0073886) – Wearable Spectroscopic Sensor To Measure Food Consumption Based On Interaction Between Light And The Human Body
Connor (US 9254099) – Smart Watch And Food-Imaging Member For Monitoring Food Consumption
Karnieli (US 2002/0022774) – Method For Monitoring Food Intake
Fernstrom et al. (US 2009/0012433) – Method, Apparatus And System For Food Intake And Physical Activity Assessment
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681
