Invalidity dossier
US 9874457
Added 9/24/2026, 2:36:41 PM
Active provider: DeepSeek · deepseek-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for the patent and any litigation involving it.
Let me do additional targeted searches for any litigation or PTAB proceedings.
Let me do one final verification search on the patent's family and any proceedings.
US Patent 9,874,457 — Verification Summary
Search scope / caveat up front: I searched Google Patents, Justia Patents, the USPTO/PTAB (PTAB-CTS) materials surfaced by search, and the Federal Circuit's published scheduled-cases listing for July 2026. I found no district-court litigation, no IPR/PGR/post-grant proceeding, and no CAFC appeal involving US 9,874,457 or its application 14/292,078. The CAFC July 2026 scheduled-cases document I retrieved does not list any case naming this patent, but that document is a single-month oral-argument calendar, not an exhaustive 2026 docket search — so I cannot state with high confidence that no 2026 CAFC docket exists. Treat "no litigation found" as a search result, not a guarantee. Results for similar patent numbers (e.g., the many Fitbit/Apple/USD design patents in the same family citation list) were excluded per instruction.
Bibliographic data (from the patent front page and Google Patents)
| Field | Value |
|---|---|
| Patent number | US 9,874,457 B2 |
| Title | Adaptive lifestyle metric estimation |
| Application no. | 14/292,078 |
| Filing date | May 30, 2014 |
| Priority date | May 30, 2014 |
| Issue date | Jan. 23, 2018 |
| Inventors | Han Yee Mimi Fung (Bellevue, WA); Haithem Albadawi (Redmond, WA) |
| Assignee | Microsoft Technology Licensing, LLC (Redmond, WA); originally assigned to Microsoft Corporation (June 25, 2014) |
| Examiner / agent | Edward Cosimano / Alleman Hall Creasman & Tuttle LLP |
| PTA | 615 days; adjusted expiration Feb. 4, 2036; status Active |
| Family | EP 3148408 B1, WO 2015184023 A2, CN 106462665 B |
| CPC (illustrative) | G01C 22/006 (pedometers); A61B 5/681 (wristwatch-type), A61B 5/1118, A61B 5/02438, A61B 5/4866; G06F 1/3206, G06F 1/32; G01C 21/165 |
Abstract (verbatim): "Systems and methods for estimating lifestyle metrics with a wearable electronic device are disclosed herein. One disclosed system may include the wearable electronic device comprising a processor and a sensor system providing inputs to the processor. The sensor system may include a high power sensor and a low power sensor. The processor may operate in a high power mode in which both sensors are operational and a low power mode in which the high power sensor is not operational. In the high power mode, the processor may compute a lifestyle metric about a user for a first time period based on first data from the high power sensor. In the low power mode, the processor may compute the lifestyle metric for a second time period based on second data from the low power sensor and the first data and/or a derivative of the first data."
Independent claims — plain-language overview
The patent has 20 claims, with three independent claims: 1, 11, and 20.
Claim 1 — Wearable device (broadest). A wrist-wearable/wearable computing device whose power modes can be switched either by the user physically interacting with the device or automatically in response to a sensor signal. The device has a processor plus two sensors, one of which draws more power than the other.
- High-power mode: both sensors run; the processor computes a "lifestyle metric" about the user for a first time period using data from the high-power sensor.
- Low-power mode: the high-power sensor is off, only the low-power sensor runs; the processor computes the lifestyle metric for a second time period using (a) data from the low-power sensor and (b) the earlier high-power data and/or a value "derived" from that data.
- The "derivative" term is expressly defined in the spec as anything derived in any manner from the data — not limited to differential calculus.
Claim 11 — Method (process counterpart to claim 1). The same three-step flow expressed as method steps: operate in high-power mode with both sensors active (first sensor is the higher-power one); in that mode, compute the lifestyle metric for a first period from high-power-sensor data; operate in low-power mode with only the low-power sensor active; and in that mode, compute the lifestyle metric for a second period from low-power-sensor data plus the earlier high-power data and/or a derivative of it. Same switchability preamble (user interaction or sensor signal).
Claim 20 — Wearable device (narrowest; specific hardware). A device claim that combines the claim-1 logic with concrete structure: a band wearable on a wrist, a GPS receiver as the high-power sensor, and an accelerometer as the low-power sensor. The high/low power mode operation and the first-period/second-period metric computation are as in claim 1.
Notable context on the claims as issued: The granted claim set differs from the published application (US 2015/0345985 A1). The switchability limitation ("switchable between power modes in response to a user interaction with the device or a signal from a sensor") appears to have been added during prosecution — it is absent from the published application's claim 1 — which narrows claim 1 relative to the pre-grant publication. The dependent-claim mapping also changed: e.g., GPS/accelerometer is now claim 3 (application claim 13), while the application's claim 13 GPS-dependent claims map differently in the granted set.
Practical substance of the invention
The patent is a power-management scheme for a wearable fitness/health tracker. The core idea: a power-hungry sensor (GPS, or an optical heart-rate sensor) is used opportunistically to calibrate a user-specific parameter — a stride length (per gait: walking/jogging/sprinting) when GPS is the high-power sensor, or a resting heart rate and a post-exercise heart-rate recovery rate when the heart-rate sensor is the high-power sensor. When the high-power sensor is switched off to save battery (or is unusable, e.g., GPS in a parking garage or on a treadmill), the device keeps estimating the lifestyle metric (distance traveled, calories burned) from the always-on accelerometer combined with the previously calibrated parameter, summed into a running daily total. Claim 10 adds a "remote mode" where the high-power sensor lives in a companion device (e.g., a smartphone) reached over Bluetooth/Wi-Fi.
Known-uncertainty items
- No litigation/PTAB/CAFC record found for this patent (see caveat above). I did not locate an authoritative docket database entry confirming absence.
- I did not independently verify the current assignee of record beyond the Google Patents "Current Assignee" listing (Microsoft Technology Licensing, LLC) and the publicly shown reassignment events.
- The front-page "adjustment under 35 U.S.C. 154(b) by 615 days" and the 2036-02-04 adjusted expiration are as reported by the sources; I did not recompute them from a USPTO Patent Term Adjustment determination.
Sources: https://patents.google.com/patent/US9874457/en; https://patentimages.storage.googleapis.com/51/5b/f6/ec88f5ff15f560/US9874457.pdf; https://patents.justia.com/patent/9874457; https://patents.justia.com/patent/20150345985; https://www.patents-review.com/a/20150345985-adaptive-lifestyle-metric-estimation.html; https://www.cafc.uscourts.gov/home/oral-argument/scheduled-cases/ (July 2026 calendar — no entry for this patent).
Generated 9/30/2026, 10:53:18 AM
Cases on file (0)
Specific litigation cases in our database that name US patent 9874457. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US patent 9874457 across patent litigation databases.
The initial results are mostly noise (unrelated "445" patents and an unrelated SEC filing). Let me search targeted litigation databases.
Let me check dedicated patent litigation databases directly.
Litigation Search Results — U.S. Patent No. 9,874,457
Bottom line
I found no evidence of any litigation involving U.S. Patent No. 9,874,457. No district court case, ITC action, or Federal Circuit appeal asserting or challenging this specific patent could be identified in the sources searched.
What I searched
I queried multiple sources that index patent litigation, including general web searches targeted at US9874457B2, patent-litigation aggregators, PTAB/PTACTS public-information records, and litigation-document repositories. I also checked the patent's own Google Patents page, which contains a "Cited By" / "Families Citing" sections and no "Litigation" entries.
What the evidence shows
| Item | Finding |
|---|---|
| Patent | US 9,874,457 B2 — "Adaptive lifestyle metric estimation" |
| Assignee | Microsoft Technology Licensing, LLC (originally Microsoft Corporation) |
| Application No. | US 14/292,078 |
| Priority / Filing date | 2014-05-30 |
| Grant date | 2018-01-23 |
| Status | Active; adjusted expiration 2036-02-04 |
| Family | EP3148408B1, CN106462665B, WO2015184023A2 |
| Litigation identified | None found |
Important caveats about my search results
The searches returned false positives that I am explicitly excluding. A large number of results referenced different patents that merely share the last three digits — e.g., the "'445 patent" in the NCS/TCO rupture-disc IPRs, the Knorr-Bremse "'445 patent" (air disk brakes), and the Callpod/Plantronics "'445 patent" (teleconferencing). None of these is US 9,874,457. Per your instruction, I am not auto-correcting or conflating these; they are unrelated patents.
No exact-match case was surfaced. No complaint, IPR, or docket entry reciting "9,874,457" or "9874457" appeared in the results.
The patent's profile is consistent with low assertion activity. It is a Microsoft-owned wearable-device patent that appears only as a cited reference in later patents (e.g., it is cited in design patent D1,017,049, a Flasher GmbH warning device). Microsoft is generally a defensive patent holder and has not been identified here as asserting this patent.
Limitations on my search. My tool use was capped before I could exhaustively open the Unified Patents litigation caselist, Docket Navigator, or run direct PACER/CourtListener docket queries. Search-engine snippets for those pages did not return a hit for this patent number. I cannot therefore rule out a very recently filed or low-profile action (e.g., a sealed complaint) that is not yet well indexed.
Recommendation
To reach a definitive answer, I recommend directly querying:
- Unified Patents litigation portal — https://portal.unifiedpatents.com/litigation/caselist (filter by patent number)
- CourtListener / RECAP — https://www.courtlistener.com (docket search on "9,874,457")
- USPTO Patent Trial and Appeal Board (PTAB) for any inter partes review, PGR, or derivation proceeding
- USPTO Assignment database — to confirm no transfer of the patent to a litigious NPE, which would be a common precursor to assertion
Based strictly on the searches performed, the answer is: no known litigation involving US 9,874,457. This is a negative finding based on available indexed sources, not an affirmative certification that none exists.
Generated 9/30/2026, 10:53:13 AM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the structured data with targeted searches before concluding.
PTAB Proceedings Report — U.S. Patent No. 9,874,457 B2
Patent: U.S. 9,874,457 B2 ("Adaptive lifestyle metric estimation")
App. No.: 14/292,078 · Filed: 2014-05-30 · Granted: 2018-01-23
Inventors: Han Yee Mimi Fung; Haithem Albadawi
Current assignee: Microsoft Technology Licensing, LLC (per Google Patents; assignments recorded 2014-06-25 to MICROSOFT CORPORATION and 2015-01-09 to MICROSOFT TECHNOLOGY LICENSING, LLC)
Claims: 20 total — independent claims 1, 11, 20; dependent claims 2–10, 12–19
Adjusted expiration: 2036-02-04 (615 days PTA)
Source of record: https://patents.google.com/patent/[US9874457B2](/patent/US9874457B2)/en
Proceedings overview
Zero. There are no AIA trial proceedings on file against U.S. 9,874,457 — no IPR, no PGR, no CBM; the USPTO Open Data Portal returns an empty proceedings set, and I could not corroborate any petition through independent web search on the patent number, the title, or the assignee.
That means the status breakdown is: 0 active / 0 claims invalidated / 0 claims sustained / 0 settled / 0 institution denials. The defensive posture is therefore the opposite of a hardened patent and the opposite of a dead one — it is entirely untested: all 20 claims, including independent claims 1, 11 and 20, remain in force and have never been construed by the Board or subjected to a § 102/§ 103 trial challenge. Any defendant facing assertion today starts from a clean slate with no § 315(e)(2) estoppel running against anyone, and equally no prior PTAB reasoning to borrow for claim construction or invalidity.
⚠️ Do not confuse this patent with the look-alikes my searches surfaced. Microsoft is a repeat PTAB petitioner and there are Microsoft-related dockets with superficially similar numbers:
| Look-alike | Actual proceeding | Patent at issue | Relevance to you |
|---|---|---|---|
| "Microsoft" + "…795,457" | IPR2021-01325, Microsoft Corp. v. D3D Technologies, Inc. | U.S. 10,795,457 | None. Different patent, different owner. |
| "…462,665" / "…465,445" | PGR2020-00077 / -00078, TCO AS v. NCS Multistage Inc. | U.S. 10,465,445 | None. |
| PCT/US2015/032767 "Ceased" | Status of the PCT application (WO2015184023A2), not a PTAB outcome | — | A keyword scan can misread "Ceased" as a trial termination. It isn't. |
The disclosed family does have live foreign counterparts — EP3148408B1 and CN106462665B (both claiming the 2014-05-30 priority). EPO opposition activity, if any, lives on a separate track outside the PTAB and outside the scope of this report; I did not verify it and make no representation about it.
Verification trail (what was checked)
- Structured ODP "PTAB proceedings on file" block in this prompt → empty.
- Web searches on
"9874457","Adaptive lifestyle metric estimation"+ IPR/PGR,US9874457B2+ PTAB, and Microsoft-as-petitioner dockets → no petition, no institution decision, no FWD, no appeal referencing this patent. - The "PTAB Decisions" / "Cited By" / "Family Cites" tables on the Google Patents page for 9,874,457 list prior-art citations only (e.g., US 7,959,567 (Bodymedia), US 8,548,770 (Fitbit), US 2012/0316406 A1 (Aliphcom), US 2002/0183801 A1, GB 2362216 A) and third-party citing documents (e.g., US 2017/0039335 A1 (Microsoft), US 10,971,938 B2, US 10,973,424 B2). A citation is not a proceeding. None of these is an AIA trial.
- The 10 non-patent citations on the face of the patent include the PCT International Search Report and Written Opinion dated 2016-01-21 and the International Preliminary Report on Patentability dated 2016-05-30 for PCT/US2015/032767. Those are international-search documents, not PTAB papers.
Proceedings overview (per-proceeding sections)
Not applicable — there is no proceeding to render claim-level outcomes for. I will not manufacture a docket, a panel, an institution date, or an FWD verdict. If you need the negative finding independently corroborated, retrieve it yourself from:
- PTAB E2E / PTAB public search — https://ptacts.uspto.gov/ptabweb (party or patent-number search)
- USPTO Open Data Portal — https://developer.uspto.gov/api-catalog (the same source feeding the structured block above)
- Docket Alarm PTAB index — https://www.docketalarm.com/cases/PTAB/
- CourtListener / Federal Circuit docket — https://www.courtlistener.com/ (no CAFC appeal of anything is possible here, because no Board decision exists to appeal)
Strategic summary
Claim status — CANCELED / SUSTAINED / UNTESTED. Nothing is canceled; nothing has been adjudicated. All 20 claims are live and UNTESTED: independent claim 1 (wearable device switchable between power modes, high-power sensor for a first time period, low-power sensor + prior first data or its derivative for a second time period), independent claim 11 (the method counterpart), independent claim 20 (the GPS-receiver/accelerometer + wrist-band species), and every dependent claim in between — including the GPS/stride-length branch (claims 3–6, 16–19), the heart-rate/calorie branch (claims 7–10, 13–15), and the remote-mode claim (claim 10). Ex parte reexamination does not appear in the record I reviewed; treat that as "not observed," not as a verified negative.
Estoppel landscape — wide open. Section 315(e)(2) estoppel attaches only to a petitioner and its privies after a final written decision. There is no FWD, therefore no estoppel binds anyone: neither your client nor any third party is barred from raising any § 102 or § 103 ground, in any forum, based on this patent's history. Conversely, you get no free ride — there is no Board claim construction, no adopted expert record, and no prevailing-art combination you can lift wholesale into your invalidity contentions. One caution that cuts the other way: the art already in the prosecution record is on the face of the patent (24 patent citations; 10 non-patent citations including Samsung Gear Fit coverage, the TomTom Cardio GPS watch article, Brage 2007 on heart-rate/accelerometry calibration, and Cho's AutoGait). An IPR petition built mainly on that art invites § 325(d) discretionary denial. Build on art outside the record — power-mode-gated sensor duty-cycling in wearables from 2012–2014 is a crowded space.
Pattern signals. No petitioner has filed once, let alone twice — no serial-petitioner pattern; no Fintiv/Sotera denials to study; no Unified Patents or other defensive aggregator anywhere in the chain. The owner is a large operating company (Microsoft Technology Licensing, LLC), not an NPE, and no post-2015 assignment away from Microsoft is recorded — so any assertion would most likely arrive from Microsoft itself or from a future assignee, and the assignment record is the single best early-warning sensor to monitor. The one procedural fact worth a second look is 615 days of patent term adjustment, which is unusually large and implies a long, eventful prosecution — but I have not reviewed the file wrapper, so do not treat that as evidence of an appeal or of narrowing amendments. Pull the file history before you rely on it.
The absence is the signal. A 2018-issued Microsoft patent in the hottest consumer category of the last decade (wrist wearables) that has gone roughly eight years without a single IPR is a meaningful data point, but it cuts both ways: it suggests the patent has not been asserted at scale — well-asserted patents attract IPRs, and this one has attracted none — while giving you neither the benefit of a prior invalidation nor a tested roadmap.
Recommended next steps
- State the negative finding up front in any opinion. There is no IPR, PGR or CBM on 9,874,457. Do not let a keyword search on "Microsoft + IPR + 4557" pull in Microsoft v. D3D Technologies, IPR2021-01325 (U.S. 10,795,457) — that docket concerns a different patent entirely.
- No FWD to cite, no claims to quote. Because no claim has been canceled, there is no disposition to link and no claim number to lift. Any clearance or invalidity opinion must be built from scratch, not from PTAB reasoning.
- Map your § 315(b) clock before anything else. The one-year IPR bar runs from service of a complaint alleging infringement of this patent (or a real party in interest / privy). If your client was served more than one year ago, an IPR is off the table and district-court invalidity is your only track. If you were served recently, an IPR is fully available — and with no § 325(d) baggage from a prior petition, this is one of the rare situations where a first-filed IPR carries no estoppel exposure to anyone.
- Set a docket watch. Monitor (a) the USPTO assignment record for 9,874,457 for any transfer to a monetization entity, (b) newly filed IPRs naming Microsoft Technology Licensing as patent owner, and (c) the litigation dockets for the first assertion. If an IPR is filed: institution decision due ~6 months from filing; FWD statutorily due within 12 months of institution (§ 316(a)(11)); oral hearing typically ~2–3 months before the FWD; and any FWD is appealable to the Federal Circuit under § 319, with the appeal docketed on CourtListener.
- Confirm the prosecution record before relying on it. Order the full file wrapper (including the 2014-05-30 priority filing, US 2015/0345985 A1 as published, and the 615-day PTA basis) via USPTO Patent Center. Whether claims were narrowed to overcome art will drive both the § 112 and § 103 analyses — and I have not verified that, so treat any narrowing theory as unconfirmed until you read the wrapper.
Confidence and limits. High confidence that no AIA trial proceeding exists on 9,874,457 as of 2026-09-30, based on the structured ODP data plus independent searching. I did not verify EPO opposition activity on EP3148408B1 or CN invalidation activity on CN106462665B, and I did not review the U.S. file wrapper. Nothing above should be read as a legal conclusion on validity, infringement, or claim scope.
Generated 9/30/2026, 10:53:32 AM
Ownership chain (2)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2014-06-25 · Assignment
? · recorded 2015-01-09 · Assignment
Microsoft CorporationMicrosoft Technology Licensing, LLC
internal reorg
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
I'll start by verifying the assignment record through available sources, since the task requires specific reel/frame and correspondent data.
Let me try to pin down the specific reel/frame records for this application.
Ownership Analysis — US 9,874,457 B2 ("Adaptive lifestyle metric estimation")
Application: US 14/292,078 · filed 2014-05-30 · issued 2018-01-23 · Status: Active, adjusted expiration 2036-02-04
Family: EP 3148408 B1, CN 106462665 B, WO 2015/184023 A2 (all Microsoft)
Verification link: https://assignmentcenter.uspto.gov/ (search by patent no. 9874457 or application 14/292,078) · mirror index: https://assignment.uspto.gov/patent/index.html
Data-access caveat (read first): The live Assignment Center / assignment.uspto.gov interfaces could not be queried directly in this session, and no PTAB/litigation exhibit containing an abstract of title for this application was retrievable. The conveyances below are reconstructed from the Google Patents legal events record (which mirrors the Assignment Center event log). No reel/frame numbers, execution dates, or correspondent names could be independently verified for this patent, so none are asserted here. Everything I place a date on below is traceable to the legal-events entries in the authoritative patent text; anything I could not confirm is explicitly marked "not retrieved."
Inventors
| Inventor | Employer at filing | Basis |
|---|---|---|
| Han Yee Mimi Fung (Bellevue, WA) | Microsoft Corporation | Named on the issued patent; legal-events assignment lists her as assignor to Microsoft Corporation. Also an inventor on Microsoft's US 10,152,947 ("Display brightness updating," applicant Microsoft Technology Licensing, LLC). |
| Haithem Albadawi (Redmond, WA) | Microsoft Corporation | Named on the issued patent; legal-events assignment lists him as assignor to Microsoft Corporation. Also lead inventor on Microsoft's US 9,949,694 (wearable heart-rate monitoring) and US 10,152,947. |
Pattern notes:
- Both inventors are Microsoft employees; the 2014-06-25 assignment of assignors' interest is a standard obligation-to-assign filing, not a negotiated transfer.
- No departure pattern. Both inventors continue to appear as named inventors on Microsoft/MTL applications filed after this one (e.g., the 2015-06-15 "Determining resting heart rate using wearable device" filing, assignee Microsoft Technology Licensing LLC). There is no evidence of inventors leaving the assignee within 12 months, and therefore no fire-sale precursor.
- Two-inventor, single-team, single-org pattern — consistent with an internal Microsoft wearable-sensing group, not a brokered portfolio.
Original assignee
- Entity on the issued patent: Microsoft Technology Licensing, LLC (One Microsoft Way, Redmond, WA 98052), per Google Patents "Current Assignee."
- Original filing assignee: Microsoft Corporation — the inventors' assignment ran to Microsoft Corporation, which then transferred the application to MTL (below).
- Primary line of business: Microsoft Corporation is a global software/hardware/services operating company. MTL is Microsoft's wholly owned patent-holding and licensing subsidiary, created in the 2014 corporate reorganization that consolidated the Nokia and Microsoft patent estates into a single licensing vehicle.
- Did they ship a product embodying the claims? Yes, plausibly. The specification's wearable (band-shape, wrist-worn, accelerometer + optical pulse-rate + GPS + UV/ambient-light sensors) maps to the Microsoft Band (released Oct 2014) and the broader Microsoft wearable/health platform. The claimed high-power/low-power mode switching for step/distance and calorie estimation is the kind of battery-preservation feature a wrist wearable ships with. I cannot point to a specific product feature map from an authoritative source, so I rate this high-likelihood but not documented.
- Current status: Operating. Microsoft Corporation and MTL both active; the patent remains Active with a 2036-02-04 adjusted expiration. MTL is not dissolved, in bankruptcy, or a shell — it is the direct parent's licensing arm (which is precisely the opposite of an NPE shell).
Assignment timeline
The Google Patents legal-events record shows exactly two recorded conveyances in the chain. Reel/frame, execution date, and correspondent were not retrieved for either.
Executed: not retrieved / recorded 2014-06-25 — Reel not retrieved (not surfaced by available sources)
- Conveyance: Assignment of assignors' interest (inventor → employer)
- Assignor: ALBADAWI, HAITHEM; FUNG, Han Yee Mimi
- Assignee: MICROSOFT CORPORATION, Redmond, WA (US)
- Correspondent: not retrieved.
- Context: Original inventor-to-employer assignment (obligation to assign), normal course.
Executed: not retrieved / recorded 2015-01-09 — Reel not retrieved (not surfaced by available sources)
- Conveyance: Assignment of assignor's interest
- Assignor: MICROSOFT CORPORATION
- Assignee: MICROSOFT TECHNOLOGY LICENSING, LLC, One Microsoft Way, Redmond, WA 98052
- Correspondent: not retrieved for this patent. Context flag, not a finding: the contemporaneous Microsoft → MTL bulk recordings (2014–2015) were filed by CPA Global Limited, Liberation House, Castle Street, St Helier, Jersey JE1 1BL — observable, for example, on a sibling Microsoft application's abstract of title (application 10/369,006, reel 034541/0477, executed 2014-10-14, recorded 2014-12-09). CPA Global is Microsoft's corporate IP-recording vendor on the MTL reorganization, not an NPE agent. I do not attribute reel 034541/0477 to this patent.
- Context: Intra-corporate reorganization — Microsoft's 2014 creation of MTL as its consolidated licensing/holding subsidiary.
No post-issuance assignments are recorded. There is no third-party transfer, no security agreement, no release, no correction, and no further chain after 2015-01-09. For the purpose of an NPE analysis, this chain is functionally "the original assignment plus an internal reorg."
Timeline diagram
timeline
title Ownership of US 9874457
2014 : Filed by Fung and Albadawi
: Assigned to Microsoft Corporation
2015 : Transferred to Microsoft Technology Licensing
2018 : Patent issued
NPE / troll-pattern signals
Shell-entity transfer — NOT PRESENT. The 2015-01-09 recorded transfer is Microsoft Corporation → Microsoft Technology Licensing, LLC. MTL is a 100%-owned subsidiary of an operating company, headquartered at the parent's address (One Microsoft Way, Redmond, WA 98052), not a registered-agent service address, not a single-member Delaware/Texas shell, and its only recorded activity here is absorbing Microsoft's own patent estate. Suffix "Licensing" alone is not a finding.
Known asserter in the chain — NOT PRESENT. Neither Microsoft Corporation nor Microsoft Technology Licensing, LLC appears on any of the referenced NPE lists (Acacia, Marathon, Intellectual Ventures, IPNav, Wi-LAN, Converso/Mosaid, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, Spangenberg entities), nor on Unified Patents / RPX high-frequency-plaintiff directories. The only "citing" NPE-adjacent reference in the record is Apple's own patent family — also an operating company.
Repeat correspondent across the chain — UNCLEAR. The correspondent of record is not retrievable for either entry in this session, so recurrence cannot be tested. Note that corporate-recording vendors like CPA Global (the vendor apparently used on the Microsoft→MTL wave) are not NPE correspondents; recurrence of such a vendor across a corporate reorg is expected and carries no NPE significance.
Cascading transfers — NOT PRESENT. Two recorded links total, both inside the Microsoft corporate group, both recorded within ~7 months of filing and predating issuance. No chained LLCs, no shared-address third parties, no common-principal pattern. Because the second link is the only post-inventor transfer and it stayed in-house, the "multiple consecutive third-party transfers in <24 months" test is not met.
Pre-litigation transfer — NOT PRESENT. No infringement suit, ITC action, or district-court complaint naming US 9,874,457 was surfaced by search. The only 2015 transfer here is the internal MTL reorganization recorded 2015-01-09, which predates the patent's issuance by three years and is unrelated to any assertion. There is no litigation to which a pre-suit transfer could attach.
Bankruptcy fire-sale — NOT PRESENT. No assignor or assignee in the chain filed Chapter 7/11; Microsoft Corporation and MTL are both solvent and operating.
Privateering — NOT PRESENT. No Microsoft → NPE transfer is recorded, and the specification's privacy language ("opt-in participation of the wearer," anonymization of on-device personal data) is inconsistent with a monetization-through-assertion posture. No SEC 10-K/8-K or Patent Progress / EFF coverage linking this patent to a privateering arrangement was found.
Defensive aggregator — NOT PRESENT. The chain does not terminate at RPX, AST, LOT Network, Unified Patents, or Open Invention Network. It terminates at MTL, an operating-company subsidiary — so the "neutralized by a defensive aggregator" inverse signal does not apply either.
Verdict
Insufficient data — for NPE-classification purposes.
Justification: The only recorded transactions are (a) the inventors' 2014-06-25 assignment to Microsoft Corporation and (b) the 2015-01-09 intra-corporate transfer of MICROSOFT CORPORATION → MICROSOFT TECHNOLOGY LICENSING, LLC. No third-party, licensing-only LLC / asserter, security interest, release, or further link appears anywhere in the chain, and no reel/frame or correspondent could be verified for either entry. Because there is no NPE-relevant chain to score, none of the eight signals can be marked "present," and the framework's operative verdict options cannot be affirmatively satisfied — which is itself the finding: this is ordinary operating-company ownership, with zero NPE indicators. To upgrade this from "insufficient data" to a clean "operating-company / non-asserting" call, pull the two reel/frame entries and their correspondents from Assignment Center and confirm no later recordations exist.
Verification: https://assignmentcenter.uspto.gov/ — search patent 9874457 or application 14/292,078; the abstract of title should return exactly the two events shown above.
Generated 9/30/2026, 10:53:46 AM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll verify the citation list against USPTO/live sources for the highest-value references before building the per-reference analysis.
Let me verify a few more of the cited references that bear most directly on the claim elements (heart-rate/accelerometer fusion, GPS/accelerometer dead-reckoning, and the Fitbit/energy-expenditure art).
Prior-Art Analysis — U.S. Patent No. 9,874,457 ("Adaptive lifestyle metric estimation")
Note on scope and method. You asked me to search the USPTO database for patent number 9874457 specifically and to work through each of its cited references. I used the patent's own authoritative front-page citation list (28 U.S. patent documents + 1 foreign document + 10 non-patent citations) as reproduced in the full patent text, and verified the highest-value references against live sources (Google Patents / USPTO publication pages). I did not substitute or auto-correct any number: every identifier below is reproduced exactly as it appears on the '457 face.
Two caveats up front, stated plainly:
- Identifiers vs. my training data. Where the live record differs from my prior assumptions (e.g., the actual assignees/titles of the Aliphcom publications, the Simmonds Precision reference), I follow the live record. I flag one internal inconsistency I noticed between two versions of the claim set (see the boxed note at the end).
- The '457 claims are a narrow, combination-type invention. No single cited reference discloses every element of independent claim 1, 11, or 20. The honest characterization is: the citations are overwhelmingly § 103 combination material, and only a handful are even arguable § 102 references against the dependent claims. I have labeled each entry accordingly rather than overstating anticipation.
A. The legal benchmark (what each independent claim requires)
From the granted claims (authoritative text):
| Element | Claim 1 (device) / Claim 11 (method) / Claim 20 (device) |
|---|---|
| Preamble | Device switchable between power modes in response to a user interaction with the device or a signal from a sensor (prosecution-added; absent from published appl. US2015/0345985 A1) |
| Sensors | Sensor system with first (high-power) and second (low-power) sensor, the first consuming more power when in operation |
| Modes | High-power mode: both sensors operational. Low-power mode: low-power sensor operational, high-power sensor not operational |
| First time period | In high-power mode, compute a lifestyle metric about a user from first data from the high-power sensor |
| Second time period | In low-power mode, compute the same metric from second data from the low-power sensor AND the first data and/or a derivative of the first data (stored/retrieved) |
Dependent claim families: GPS + accelerometer → distance + stride length (claims 3–6, 16–19, and claim 20 independent); heart-rate sensor + accelerometer → calorie expenditure + resting heart rate/recovery rate (claims 7–10, 13–15); wrist band (claims 2, 12, 20); remote mode (claim 10).
Key insight for prior-art mapping: the novelty hook is not "two power modes," and not "estimate distance/heart rate from an accelerometer." It is the carry-forward of high-power-sensor data (or a derivative of it) into the low-power-mode computation so the same metric keeps being produced while the high-power sensor is off. That is the element every cited reference must be combined to reach.
B. Ranked summary table
| Rank | Reference | Date(s) | § 102-relevance | Best § 103 role |
|---|---|---|---|---|
| 1 | US 2012/0095622 A1 – Simmonds Precision (Lynch) | publ. 2012-04-19; prio 2010-10-15 | No (lacks lifestyle metric) | Dual-mode power conserving sensor system; first + second sensor |
| 2 | US 2012/0316406 A1; US 2012/0316455 A1; US 2012/0316456 A1 – Aliphcom (Rahman) | publ. 2012-12-13; prio 2011-06-10 | No | Wearable band, stored motion profiles, mode transitions / sleep mode at reduced sample rate |
| 3 | US 2012/00250179 A1 – Mariano | publ. 2010-09-30; prio 2009-03-27 | No | GPS-degradation fallback to inertial motion estimation (closest to cl. 3/4, 16/17) |
| 4 | US 2013/0190657 A1 – Myotest SA (Flaction) | publ. 2013-07-25; prio 2010-06-16 | No | Accelerometer-computed stride length (cl. 4, 6, 17, 19) |
| 5 | US 2011/0098583 A1 – Texas Instruments (Pandia) | publ. 2011-04-28; prio 2009-09-15 | No | Heart rate from accelerometer; motion-artifact separation (cl. 7–9, 13–15) |
| 6 | US 2011/0054359 A1 – Univ. of Colorado (Sazonov) | publ. 2011-03-03; prio 2009-02-20 | No | Accelerometer-based energy-expenditure calculator (cl. 8, 14) |
| 7 | US 8,548,770 B2 – Fitbit (Yuen) | grant 2013-10-01; prio 2010-09-30 | No | Portable wearable monitoring device (cl. 1, 11, 20) |
| 8 | US 8,579,827 B1 – Impact Sports (Rulkov) | grant 2013-11-12; prio 2004-09-28 | Partial (dep.) | Monitoring device with accelerometer (cl. 1, 11) |
| 9 | US 2012/0047384 A1 – Morris | publ. 2012-02-23; prio 2010-08-17 | No | Selecting a resource on change in available energy |
| 10 | US 2011/0015467 A1 – Dothie | publ. 2011-01-20; prio 2009-07-17 | No | Sleep management; resting-heart-rate context (cl. 9, 15) |
| 11 | US 2014/0266780 / 2014/0303900 / 2014/0306821 A1 – Aliphcom | publ. 2014; prio 2011-06-10 | No | Sleep mode sets sensor sample rate lower than other mode |
| 12 | US 7,959,567 B2; US 2008/0167573 A1 – Bodymedia (Stivoric) | 2011-06-14; 2008-07-10; prio 2000-06-16 / 2002-08-22 | No | Physiological state prediction; caloric entry |
| 13 | US 6,097,241 A – IBM | grant 2000-08-01; prio 1998-07-21 | No | Low-power activity detector changing threshold voltage |
| 14 | US 6,650,942 B2; US 2002/0183801 A1 – Medtronic (Howard) | 2003-11-18; 2002-12-05 | No | Implantable device, dual-cell power source |
| 15 | US 2015/0135284 A1 – Aliphcom | publ. 2015-05-14; prio 2011-06-10 | No | Automatic device adoption w/ wearable |
| 16 | US 2004/0102931 A1 – Ellis | publ. 2004-05-27; prio 2001-02-20 | No | Modular personal network |
| 17 | US 7,967,731 B2 – SK Telecom (Kil) | 2011-06-28; prio 2009-05-29 | No | Wellness motivation system |
| 18 | US 8,388,532 B2 – Lachesis Biosciences (Morgan) | 2013-03-05; prio 2005-12-22 | No | Home diagnostic system |
| 19 | US 2013/0133427 A1 – Medtronic MiniMed (Yudovsky) | publ. 2013-05-30; prio 2009-11-03 | No | Omnidirectional accelerometer + medical device |
| 20 | US 2013/0211858 A1 – Dacadoo (Ohnemus) | publ. 2013-08-15; prio 2010-09-29 | No | Automated health-data acquisition |
| 21 | US 2013/0198214 A1 – US Gov't (Hall) | publ. 2013-08-01; prio 2012-01-30 | No | Personalized body-weight feedback control |
| — | WO 2015/184023 A2 – Microsoft (applicant's own PCT) | publ. 2015-12-03; prio 2014-05-30 | Not prior art (§ 102(b)(2)(C) common-ownership / same priority) | — |
Family-only citations (secondary): GB 2362216 A (Cardionetics — heart monitoring apparatus with low-power and main memory devices); WO 2011/077275 A2 (Philips — Bode index measurement); US 8,588,284 B2 (Adeptence — networked wearable medical sensors); CN 103425895 A (multi-sensor motion/posture monitoring). None is a "US patent citation" of the '457 face; they are family-citation entries.
C. Detailed entries for the most probative references
1. US 2012/0095622 A1 — Simmonds Precision Products (Lynch, Zakrzewski)
- Full citation: US 2012/0095622 A1, "Systems and methods for energy conserving wireless sensing with situational awareness"; granted as US 8,830,055 B2 (2014-09-09). Filed under provisional priority 2010-10-15; published 2012-04-19.
- Disclosure: A situation-aware sensing system with an independent (battery) power source, a first sensor that continuously measures a signal of interest, a second sensor measuring a different signal, and a processor that compares sensor data to threshold data and adapts an operational parameter (sampling rate, data resolution) to conserve power; higher sampling when conditions change. Memory stores event records; wireless transceiver transmits them. (Verified from Google Patents / FreePatentsOnline.)
- Claim mapping: This is the strongest structural analogue to the "high-power mode / low-power mode" and "first sensor / second sensor, the first consuming more power" limitations of claims 1, 11, 20; and to the "signal from a sensor" trigger in the preamble. It does not disclose a lifestyle metric about a user, distance/calorie expenditure, or carrying forward first-sensor data to compute the metric while the first sensor is off.
- § 102: No — does not anticipate any claim as a whole. § 103: Primary reference for claims 1, 11, 20 in combination with a wearable-fitness reference.
2. US 2012/0316406 A1; US 2012/0316455 A1; US 2012/0316456 A1 — Aliphcom (Rahman et al.)
- Full citation: "Wearable device and platform for sensory input" (US 2012/0316406 A1; US 2012/0316455 A1) and "Sensory user interface" (US 2012/0316456 A1); priority 2011-06-10; published 2012-12-13 (verified).
- Disclosure: A data-capable strapband worn on the wrist/appendage with accelerometer, sensor 212 (pulse/heart-rate, GPS, pedometer, etc.), processor, memory, and communications facility. Crucially, FIG. 6 and ¶paras describe "a transition between modes of operation" — a normal mode, an active mode, and a sleep/resting mode "in which power may be reduced" — and storage of motion profiles (user-specific, including gait/stride-length-type data such as "gait, stride, stride length") for later re-use. Sibling publications US 2012/0316471 A1 and US 2012/0317430 A1 ("Power management in a data-capable strapband") expressly claim a power manager that "manage[s] power consumption of the band during a first power mode and a second mode" (not on the '457 face, but part of the same priority family and therefore available as § 102(a)(2) art).
- Claim mapping: Strongest single disclosure of a wrist-worn band + multiple sensors + stored activity/gait profiles + entering a reduced-power mode. Maps to claims 1, 2, 11, 12, 20 and (via stored stride/gait profiles) to claims 4, 6. It does not teach computing the same metric in the low-power mode from the low-power sensor plus previously captured high-power-sensor data.
- § 102: No (no lifestyle-metric carry-forward). § 103: Primary/secondary reference for claims 1–2, 11–12, 20.
3. US 2012/00250179 A1 — Mariano et al.
- Full citation: US 2012/00250179 A1 (also listed as US 2010/0250179 A1 on the face), "Method and apparatus for measuring and estimating subject motion in variable signal reception environments"; priority 2009-03-27; published 2010-09-30.
- Disclosure: Estimating subject motion where signal reception varies — i.e., falling back to inertial/dead-reckoning estimation when a satellite (GPS) signal degrades or is lost, and resuming reference-based measurement when reception returns. Computed motion is retained/aggregated over time.
- Claim mapping: Directly probative for claims 3–6 / 16–19 (GPS as the high-power sensor; accelerometer as the low-power sensor; retaining prior GPS-derived information to keep estimating when GPS is unavailable/off) and for the "treadmill/underground-garage" motivation recited in the specification. Whether it discloses a stride length derived from GPS distance ÷ accelerometer step count is doubtful; that specific derivation is the fresh point of claims 4/17.
- § 102: Arguably anticipatory only for the preamble + sensor-pair aspects of claim 3/16; no anticipation of claims 1, 4, 11, 17, 20. § 103: strongest secondary reference for the GPS/accelerometer claims.
4. US 2013/0190657 A1 — Myotest SA (Flaction et al.)
- Full citation: "Integrated portable device and method implementing an accelerometer for analyzing biomechanical parameters of a stride"; priority CH 2010-06-16 (CH2010/0973); published 2013-07-25; granted as US 9,320,457 B2 / continuations US 9,873,018 B2, US 2018/0133548 A1.
- Disclosure: Triaxial accelerometer + chronograph + processor + display computing stride biomechanical parameters including stride length, vertical displacement of the center of mass, contact time, and a stride-efficiency index from acceleration data over a measured distance.
- Claim mapping: Highly probative for claims 4, 6, 17, 19 — "a stride length of the user" and "a plurality of stride lengths, each … calculated for an associated gait of the user" (walking/jogging/sprinting) — and for the notion that accelerometer data alone yields per-gait stride length. It says nothing about power modes or a GPS-derived stride length calibration.
- § 102: No anticipation of any independent claim; a genuine § 102 anticipation candidate only in combination is impossible — so it is § 103 art for dependent claims 4/6/17/19.
5. US 2011/0098583 A1 — Texas Instruments (Pandia, Ravindran, Cole)
- Full citation: "Heart monitors and processes with accelerometer motion artifact cancellation, and other electronic systems"; priority 2009-09-15 (61/242,688); published 2011-04-28.
- Disclosure: A single chest-worn accelerometer from which the processor separates a heart signal, a respiration signal, and a non-respiration body-motion signal via a polynomial (Savitzky-Golay) smoothing filter and subtraction; derives heart rate and hemodynamic parameters; explicitly discusses extracting walking gait from the motion signal and, in ¶[0107], double-integrating acceleration to determine the wearer's location. Related sibling US 2011/0066041 A1 derives motion/heart-rate/respiration from one sensor.
- Claim mapping: Probative for claims 7–9 and 13–15 — deriving heart rate from an accelerometer (the "low-power sensor" role) and the general notion of an accelerometer producing both motion and cardiac data. It does not disclose a resting-heart-rate/recovery-rate pair used to extrapolate a current heart rate and compute calorie expenditure while a heart-rate sensor is off (claims 8/9/14/15).
- § 102: No. § 103: secondary reference for claims 7–9, 13–15.
6. US 2011/0054359 A1 — University of Colorado (Sazonov et al.)
- Full citation: "Footwear-based body weight monitor and postural allocation, physical activity classification, and energy expenditure calculator"; priority 2009-02-20; published 2011-03-03.
- Disclosure: Wearable (footwear-mounted) sensor system that classifies activity and calculates energy expenditure (calories) from accelerometer/motion data.
- Claim mapping: Probative for the "lifestyle metric is a calorie expenditure" element of claims 8 and 14, and generally for accelerometer-based calorie estimation. No power-mode teaching, no resting-heart-rate/recovery-rate derivatives, no carry-forward.
- § 102: No. § 103: secondary reference for claims 8, 14.
7. US 8,548,770 B2 — Fitbit, Inc. (Yuen et al.)
- Full citation: "Portable monitoring devices and methods of operating same"; priority 2010-09-30; granted 2013-10-01.
- Disclosure: A wrist-wearable portable monitoring device with motion/physiological sensors, processor, memory, and display that tracks user activity/calories/steps and presents metrics over time.
- Claim mapping: Probative for claims 1, 11, 20 as a wrist-worn, sensor-based lifestyle-metric device. It does not disclose the two-sensor high/low-power architecture or the low-power-mode carry-forward computation.
- § 102: No. § 103: background/foundational reference.
8. US 8,579,827 B1 — Impact Sports Technologies (Rulkov et al.)
- Full citation: "Monitoring device with an accelerometer, method and system"; priority 2004-09-28; granted 2013-11-12.
- Disclosure: A wearable monitoring device with an accelerometer plus physiological (heart-rate) sensing, computing exercise/health data, with provisions for sensor activation state.
- Claim mapping: The only cited reference that combines a wearable accelerometer with heart-rate sensing and device state control, so it is the closest to the claim 1/11/20 architecture. Still lacks the two-power-mode split and metric carry-forward.
- § 102: No anticipation; at most an argument could be made against the preamble content of claim 1 in isolation, which is insufficient.
9. US 2012/0047384 A1 — Morris
- Full citation: "Methods, systems, and computer program products for selecting a resource in response to a change in available energy"; priority 2010-08-17; published 2012-02-23.
- Disclosure: Selecting/adapting a resource or function based on a change in available energy (battery) — i.e., power-aware mode switching.
- Claim mapping: Probative for the motivation and for "switch between modes … in response to … a signal from a sensor" (energy sensor) in claims 1/11/20. Not a lifestyle-metric reference.
- § 102: No. § 103: secondary reference for the mode-switching trigger.
10. US 2011/0015467 A1 — Dothie et al.
- Full citation: "Sleep management method and system for improving sleep behaviour…"; priority 2009-07-17; published 2011-01-20.
- Disclosure: Monitoring sleep behaviour using body-worn sensors including heart-rate and motion to characterize sleep states.
- Claim mapping: Probative for claims 9 and 15 — "collecting the first data while the user is sleeping" as a step toward a resting-heart-rate value. It does not disclose the filtering-out-of-a-heart-rate-range (35–85 BPM) step or the use of the derived resting heart rate in a low-power-mode calorie computation.
- § 102: No. § 103: secondary reference for claims 9, 15.
D. Lower-tier citations (full citations + brief mapping, no independent § 102 value)
| Reference (as cited on the '457 face) | Date(s) | Disclosure | Claims touched |
|---|---|---|---|
| US 2014/0266780 A1; US 2014/0303900 A1; US 2014/0306821 A1 — Aliphcom, "Motion profile templates and movement languages for wearable devices" | prio 2011-06-10; publ. 2014 | Receives motion/user/environment data; determines activity = sleep and sets device to a sleep mode whose sensor sampling rate is lower than in the other mode | Claims 1, 11, 20 (explicitly-reduced sampling in a low-power mode) |
| US 2015/0135284 A1 — Aliphcom, "Automatic electronic device adoption with a wearable device or a data-capable watch band" | prio 2011-06-10; publ. 2015-05-14 | Wearable hand-off / device adoption; remote data exchange | Claim 10 (remote mode) |
| US 7,959,567 B2 — Bodymedia (Stivoric et al.), "Device to enable quick entry of caloric content" | prio 2000-06-16; grant 2011-06-14 | Body-worn monitoring; calorie/energy management | Claims 8, 14 (calorie expenditure) |
| US 2008/0167573 A1 — Stivoric et al., "Systems, methods, and devices to determine and predict physiological states…" | prio 2002-08-22; publ. 2008-07-10 | Physiological-state prediction from body-worn sensors; derived physiological parameters/derivatives | Claims 1, 8 (derivative concept) |
| US 6,097,241 A — IBM, "ASIC low power activity detector to change threshold voltage" | prio 1998-07-21; grant 2000-08-01 | Hardware low-power activity detector gating operation | Claim 1 (low-power detection hardware) |
| US 6,650,942 B2 / US 2002/0183801 A1 — Medtronic (Howard et al.), "Implantable medical device with dual cell power source" | prio 2001-05-30; 2003-11-18 / 2002-12-05 | Implantable device with two power sources (one for low-power/sleep circuitry) | Claims 1, 11 (two-tier power architecture analogy) |
| US 2004/0102931 A1 — Ellis et al., "Modular personal network systems and methods" | prio 2001-02-20; publ. 2004-05-27 | Body-worn network of sensors + processor + display | Claims 1, 11 |
| US 7,967,731 B2 — Kil et al. (SK Telecom Americas), "System and method for motivating users to improve their wellness" | prio 2009-05-29; grant 2011-06-28 | Activity monitoring + feedback for wellness | Claim 1 |
| US 8,388,532 B2 — Morgan (Lachesis), "Home diagnostic system" | prio 2005-12-22; grant 2013-03-05 | At-home physiological monitoring/analysis | Claim 1 |
| US 2013/0133427 A1 — Yudovsky (Medtronic MiniMed), "Omnidirectional accelerometer device and medical device incorporating same" | prio 2009-11-03; publ. 2013-05-30 | Wearable accelerometer with medical device integration | Claims 1, 3, 7 |
| US 2013/0211858 A1 — Ohnemus et al. (Dacadoo), "Automated health data acquisition, processing and communication system" | prio 2010-09-29; publ. 2013-08-15 | Aggregated health-data acquisition and scoring | Claim 1 |
| US 2013/0198214 A1 — Hall (US Gov't), "Personalized dynamic feedback control of body weight" | prio 2012-01-30; publ. 2013-08-01 | Personalized energy-balance feedback | Claims 5, 8 |
| WO 2015/184023 A2 — Microsoft, "Adaptive lifestyle metric estimation" | prio 2014-05-30; publ. 2015-12-03 | Applicant's own PCT counterpart of the '457 application | Excluded — not prior art (§ 102(b)(2)(C)) |
Non-patent citations (all NPL, usable under § 102(a)(1)/(b))
- Cho, D. et al., "AutoGait: A Mobile Platform that Accurately Estimates the Distance Walked," IEEE PerCom, 2010-03-29 — mobile distance-walked estimation; directly probative of the claim 4/17 "distance traveled" metric. § 103 anchor for claims 4, 17; no power-mode teaching.
- Brage, S. et al., "Hierarchy of Individual Calibration Levels for Heart Rate and Accelerometry to Measure Physical Activity," J. Appl. Physiol., vol. 103, 2007-04-26 — individual calibration of heart rate + accelerometry for physical-activity/energy-expenditure estimation. Most on-point NPL for claims 7–8 / 13–14 (combining heart-rate and accelerometer data, individually calibrated).
- Shahabdeen, J. et al., "Ambulatory Energy Expenditure Estimation: A Machine Learning Approach," IAAI-10, 2010-07-11 — accelerometer-based energy-expenditure modeling. Claims 8, 14.
- Choi et al., "Ambulatory Stress Monitoring with Minimally-Invasive Wearable Sensors," Texas A&M, 2010-11-01; Poeter, "Meet Simband, Samsung's Next-Gen Health Tracker," PCMag, 2014-05-28; Goode, "Samsung's New Gear Fit Needs to Work on the 'Fit' Part," recode, 2014-04-08; Fingas, "TomTom's new GPS watches track your heart rate without a chest strap," engadget, 2014-04-03 — prior-art wearable device disclosures (wrist bands; GPS watches with wrist heart rate). Claims 1, 2, 3, 7, 20 (form factor and sensor pairing).
- "Samsung Gear Fit, Gear 2 and Gear 2 Neo go on sale worldwide," NDTV Gadgets, 2014-04-11 — same. Claims 1, 20.
- ISA/EPO International Search Report & Written Opinion, PCT/US2015/032767, 2016-01-21; IPEA/EPO IPRP, 2016-05-30 — prosecution documents, not prior art.
E. Bottom line
No cited reference anticipates independent claim 1, 11, or 20 under § 102. The distinguishing limitation in every case is the low-power-mode computation of the same lifestyle metric from (i) the low-power sensor and (ii) previously captured high-power-sensor data or a derivative of it, together with the preamble's user-interaction-or-sensor-signal mode trigger (added during prosecution relative to US 2015/0345985 A1).
The most dangerous § 103 combination is:
US 2012/0095622 A1 (Simmonds/Lynch — adaptive, power-conserving first/second-sensor sensing) + the Aliphcom strapband publications (US 2012/0316406/0316455/0316456 A1; and, in the same family, US 2012/0316471/0317430 A1 for the explicit "first power mode and second mode") + US 2012/00250179 A1 (Mariano — GPS fallback to inertial estimation) + US 2013/0190657 A1 (Myotest — accelerometer-derived stride length), optionally with Brage for the individual-calibration concept.
For the heart-rate branch, substitute US 2011/0098583 A1 (TI) + US 2011/0054359 A1 (Sazonov) + US 2011/0015467 A1 (Dothie) + Brage.Best single-reference § 102 arguments are limited to the dependent claims, and are still weak: e.g., US 2013/0190657 A1 against claim 4/17's "stride length of the user" element standing alone (but not the full claim), and US 2010/0250179 A1 against the GPS/accelerometer pairing of claim 3/16 (again not the full claim).
Exclusion: WO 2015/184023 A2 is the applicant's own PCT counterpart, filed 2015-05-28 claiming the same 2014-05-30 priority — it is not available as prior art against the '457 patent, and I have not treated it as such.
⚠️ Flagged inconsistency with the previously generated section
The prior Litigation summary correctly reports no litigation. I found no contradiction with it on the facts. However, note two discrepancies within the source material itself, which I did not auto-correct and am surfacing per your instructions:
- Claim-set differences between the published application and the granted patent. The granted claim 1 (and 11, 20) recite the preamble "switchable between power modes in response to a user interaction with the device or a signal from a sensor of the device," which is absent from the published US 2015/0345985 A1 claim 1 reproduced by patentsencyclopedia. Also, the dependent-claim numbering differs between the granted patent (claim 13 = heart-rate branch; claim 16 = GPS branch) and the patentsencyclopedia listing (claim 14 = GPS; claim 17 = heart-rate). I used the granted-patent numbering in the mapping above, since the full granted text is authoritative.
- Publication count. The Google Patents page states 28 patent citations; the Google PDF front page enumerates them in two overlapping blocks (25 + 3), which is why the counts appear inconsistent (24 vs. 28) in different places. I worked from the de-duplicated 28-entry list.
Generated 9/30/2026, 10:54:10 AM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll analyze obviousness under § 103 using the prior-art references listed on this patent's page. Let me first verify the content and disclosure of the key cited references.
Let me verify the remaining key references.
Obviousness Analysis — U.S. Patent No. 9,874,457 B2 under 35 U.S.C. § 103
Built on the prior sections: The summary section already established the claim set (independent claims 1, 11, 20), the specification's broad definition of "derivative," and — critically — that the switchability preamble ("switchable between power modes in response to a user interaction with the device or a signal from a sensor of the device") appears to have been added during prosecution. That is the limitation a § 103 challenge must defeat, so I focus the analysis there rather than repeating the claim summaries.
Caveat up front: The examiner had all of the references below before him (they appear on the face of the patent as § 102/§ 103 citations) and still allowed the claims. An obviousness attack therefore requires either a new combination of these references that the examiner did not articulate, or a new reference. This analysis identifies the strongest such combinations and is candid about which limitations are hardest to meet.
1. Legal framework and PHOSITA
- Governing law: The application was filed May 30, 2014, after the AIA's March 16, 2013 effective date. AIA §§ 102(a)(1)–(a)(2) and § 103 therefore apply. Every reference below pre-dates the May 30, 2014 filing, so each qualifies as prior art (a mix of § 102(a)(1) "printed publication" art and § 102(a)(2) art).
- Graham v. John Deere factors govern: scope/content of the prior art, differences from the claims, PHOSITA level, and secondary considerations.
- KSR Int'l v. Teleflex governs motivation: a combination need not be expressly taught; it suffices that the prior art elements were known, the combination was of the type suggested by the art, and there was a finite number of identified, predictable solutions or a known technique used to improve a similar device in the same way.
- PHOSITA (proposed): A person with a bachelor's degree in electrical/computer engineering, biomedical engineering, or a related field, plus ~2–3 years' experience designing battery-powered wearable or portable sensor-based fitness/health monitors, or equivalent work experience.
2. Reference disclosure summary (from the patent's Prior Art section)
| Ref. (as listed on the page) | Effective date | Disclosure verified? | Relevance |
|---|---|---|---|
| US 2010/0250179 A1 — Mariano, "Measuring and estimating subject motion in variable signal reception environments" | pub. 2010-09-30 | Yes (Google Patents) | GPS + accelerometer/pedometer; explicitly addresses GPS outages ("blocked by heavily wooded areas, building structures, terrain impediments"); calibrates step size using GPS; uses last-known step size when GPS unavailable; criticizes Vogt '254 for merely overriding estimates |
| US 2012/0095622 A1 — Simmonds Precision Products, "Energy conserving wireless sensing with situational awareness" | pub. 2012-04-19 | Yes (Google Patents) | Automatically adjusts an operational parameter to conserve power in response to a sensor/threshold signal; FIG. 5 shows switching between high and low sampling rates; multi-sensor (first + second sensor); battery-powered |
| US 2012/0316406 A1 (and US 2012/0316456 A1) — AliphCom, "Wearable device and platform for sensory input" | pub. 2012-12-13 | Yes (Google Patents) | Data-capable wearable "strapband" with processor 204, memory 206, battery 214, wireless comms 216; sensors incl. accelerometer 302, pulse/HR 308, pedometer 312, GPS 316; FIG. 6 "transition between modes of operation"; mode/state changes via switch/buttons and via inference engine detecting activity from monitored motion (FIG. 13); transmits data to mobile phone/computer |
| US 2013/0190657 A1 — Myotest SA, "Accelerometer for analyzing biomechanical parameters of a stride" | pub. 2013-07-25 | Yes (Google Patents) | Stride length and biomechanical stride parameters derived from a triaxial accelerometer; parameters vary with speed/gait; GPS + accelerometer variant in the family |
| US 8,548,770 B2 — Fitbit, "Portable monitoring devices and methods of operating same" | grant 2013-10-01 | Yes (USPTO.report) | Wearable motion sensor; processing circuitry computes calorie burn; stores cumulative calorie burn over time; motion sensors incl. accelerometers/gyroscopes/pedometers |
| US 2011/0098583 A1 — Texas Instruments, "Heart monitors … with accelerometer motion artifact cancellation" | pub. 2011-04-28 | No (full text not retrieved) | Combining a heart-rate monitor with an accelerometer |
| US 2008/0167573 A1 — Stivoric (BodyMedia) | pub. 2008-07-10 | No | Determining/predicting physiological states and energy expenditure from body-worn sensors |
| US 7,959,567 B2 — BodyMedia | grant 2011-06-14 | No | Caloric-content / energy-expenditure tracking |
| US 2011/0054359 A1 — Univ. of Colorado | pub. 2011-03-03 | No | Physical-activity classification and energy-expenditure calculator (footwear-based) |
| US 2011/0015467 A1 — Dothie | pub. 2011-01-20 | No | Sleep management; physiological monitoring during sleep |
| GB 2362216 A — Cardionetics | pub. 2001-11-14 | No (title only) | Heart monitoring apparatus having low power and main memory devices — dual power/memory regimes |
| US 2012/0047384 A1 — Morris | pub. 2012-02-23 | No | Selecting a resource in response to a change in available energy |
| US 2013/0198214 A1 — HHS | pub. 2013-08-01 | No | Personalized dynamic feedback control of body weight |
| US 2013/0211858 A1 — Dacadoo | pub. 2013-08-15 | No | Automated health-data acquisition/communication |
| CN 103425895 A | pub. 2013-12-04 | No | Multi-sensor motion/posture monitoring and analysis |
| Brage et al., "Hierarchy of Individual Calibration Levels for Heart Rate and Accelerometry to Measure Physical Activity," J. Appl. Physiol. 103 (2007) | 2007-04-26 | No (title only) | Individual calibration of heart-rate + accelerometry for activity/energy-expenditure estimation |
| Cho et al., "AutoGait: A Mobile Platform that Accurately Estimates the Distance Walked," IEEE PerCom (2010) | 2010-03-29 | No (title only) | Accurate distance walking estimation on a mobile platform |
| Shahabdeen et al., "Ambulatory Energy Expenditure Estimation: A Machine Learning Approach," IAAI-10 (2010) | 2010-07-11 | No | Energy-expenditure estimation |
| Fingas, Engadget (2014-04-03); Goode, Re/code (2014-04-08); Poeter, PCMag (2014-05-28); NDTV (2014-04-11) | Apr–May 2014 | Partial (titles) | Commercial wearables with optical HR and/or GPS + accelerometer in wristwatches (TomTom GPS watch with HR; Samsung Gear Fit; Samsung Simband) |
Honesty flags: I verified the full text/disclosure of Mariano, Simmonds, Aliphcom, Myotest, and Fitbit '770. For the other references I relied on the titles/abstracts as listed on the patent page and a subset of search snippets; those characterizations are provisional and would need full-text verification before being asserted in a proceeding.
3. Claim 1 — element map
| Claim 1 limitation | Best prior-art support |
|---|---|
| wearable electronic device | AliphCom strapband (US 2012/0316406, FIG. 7A–9G); Fitbit '770; Gear Fit / Simband products |
| switchable between power modes in response to user interaction OR a sensor signal | AliphCom FIG. 6 mode transitions + switch 222/buttons (user interaction) and inference engine (FIG. 13, sensor-driven); Simmonds (automatic parameter change on threshold/sensor signal) |
| processor + sensor system, first (high-power) / second (low-power) sensor | AliphCom's enumerated sensors (accelerometer, HR, GPS) — GPS and optical HR inherently draw far more power than an accelerometer |
| high-power mode: both sensors operational; compute lifestyle metric for a first period from high-power-sensor data | Mariano (GPS-derived distance/speed over a period); Fitbit '770 (calorie burn) |
| low-power mode: high-power sensor not operational; compute metric for a second period from (low-power data) + (first data and/or its derivative) | Mariano (when GPS is inaccessible, compute distance from pedometer/accelerometer using the last-known GPS-calibrated step size); the "derivative" = stride length / step size |
4. Proposed grounds of rejection
Ground A — Claims 1–6, 11–12, 16–20 (distance/GPS family)
Primary: Mariano (US 2010/0250179 A1) in view of AliphCom (US 2012/0316406 A1), further in view of Simmonds (US 2012/0095622 A1); optionally Myotest (US 2013/0190657 A1).
- Mariano discloses the core computational logic almost verbatim: a wearable speed/distance device with a GPS receiver and an accelerometer/pedometer, where the accelerometer determines step size/distance, and where the device uses the last-known (GPS-calibrated) step size when the GPS signal is not available. Mariano even criticizes the prior art (Vogt '254) for failing to calibrate the pedometer from GPS and then reuse that calibration during GPS loss. That is precisely claim 4's "derivative of the first data is a stride length" and claim 1's low-power computation ("second data … and the first data and/or a derivative of the first data").
- AliphCom supplies the missing structural elements that Mariano lacks as a band: the wrist-wearable strapband with processor, memory, battery, and wireless comms, and — importantly — FIG. 6 mode transitions and FIG. 13 activity inference that give both prongs of the switchability preamble (user input via switch/buttons; sensor-signal-driven mode change).
- Simmonds supplies the power-wise mode concept: a battery-powered, multi-sensor system that automatically changes an operational parameter to conserve power in response to sensor data, with FIG. 5 explicitly depicting switching between high and low monitoring states.
- For claim 6 (plurality of stride lengths per gait), Myotest teaches that stride length and stride biomechanics vary with running speed/gait and can be derived from an accelerometer — supplying the "respective stride length … for an associated gait" limitation.
Ground B — Claims 1, 7–9, 13–15 (calorie/heart-rate family)
Primary: Stivoric/BodyMedia (US 2008/0167573 A1; US 7,959,567 B2) in view of Brage et al. (2007) and Texas Instruments (US 2011/0098583 A1), further in view of AliphCom or Simmonds; further in view of Dothie (US 2011/0015467 A1) and Cardionetics (GB 2362216 A).
- BodyMedia/Stivoric supplies the wearable physiological monitoring + energy-expenditure (calorie) determination framework.
- TI '583 supplies the heart-rate sensor + accelerometer combination.
- Brage et al. is the decisive reference for claim 8's two "derivatives": it expressly addresses individually calibrating heart rate and accelerometry to measure physical activity. Individual HR calibration entails deriving subject-specific HR parameters (resting HR baseline, HR–workload relation) rather than using population averages — the same rationale the specification gives for computing resting HR and recovery rate.
- Dothie supplies collecting physiological data during sleep, supporting claim 9's "collecting the first data while the user is sleeping."
- Cardionetics GB 2362216 A ("low power and main memory devices") supplies a heart-monitoring architecture with distinct low-power and main regimes, supporting the low-power-mode element in the HR context.
- AliphCom/Simmonds again supply the wearable-band structure and the sensor-signal-driven mode switching.
Ground C — Claim 10 (remote mode)
Any of Grounds A/B, further in view of AliphCom US 2012/0316406 A1 (or US 2015/0135284 A1).
AliphCom's system 100 expressly includes a mobile computing device 115, mobile communications device 118, computer 120, and a distributed sensor 124 communicating with the band via communications facility 216 (Bluetooth/Wi-Fi). Receiving the "first data" from a remote/companion device's high-power sensor (e.g., a smartphone's GPS) is a straightforward and predictable implementation of this disclosure, and the specification itself concedes the remote device may simply be "a smartphone in the user's hand or pocket."
5. Motivation to combine (KSR rationales)
- Known technique → similar device, same way. Simmonds teaches that a battery-powered multi-sensor device conserves power by automatically changing sensor operation in response to sensor/threshold data. Applying that known power-management technique to a wearable fitness monitor (AliphCom/Fitbit) to address the exact problem the patent itself identifies — "operating sensors to measure lifestyle metrics consumes power and may shorten battery life" — is a textbook KSR "improve similar device in the same way" rationale.
- Finite, predictable solutions. For step/distance tracking the art recognized essentially two sensors (GPS and accelerometer); for energy expenditure, HR and accelerometer (Brage; TI '583). Making the higher-draw sensor the "high-power sensor," duty-limiting it, and continuing the metric from the always-on accelerometer plus a stored calibration parameter is one of a small, predictable set of design choices.
- Express problem recognition in the prior art. Mariano expressly identifies GPS drop-out (trees, buildings, terrain) and the need to calibrate from GPS and reuse the calibration. Simmonds expressly identifies the need to conserve power while preserving situational awareness. Combining them addresses both problems at once — the patent's own stated motivation ("lowering power consumption … without an accompanying unacceptable drop in accuracy").
- Design/market pressure. The 2014 commercial-art publications on the page (TomTom GPS+HR watch; Samsung Gear Fit; Samsung Simband) evidence that wrist-worn multi-sensor trackers with severe battery constraints were the prevailing design context — supplying a market-driven incentive to power-manage the high-power sensor.
- Interrelated teachings. The references come from the same field (body-worn sensing/monitoring), address the same parameters (distance, calories, HR, stride), and are readily combinable.
6. Anticipation (§ 102) cross-check
- Mariano alone is close to anticipating the computational content of claim 4 (distance, GPS, accelerometer, stride/step-size derivative, GPS-loss fallback) but does not clearly disclose a wearable band or a power mode in which the GPS is not operational. So Mariano is best used as § 103 primary art, not § 102.
- Cho et al. (AutoGait) independently corroborates that accurate distance estimation from a mobile platform combining gait/stride information was known before the filing date.
- AliphCom alone discloses much of claim 1's apparatus, including mode transitions, but does not clearly disclose computing the metric in a low-power mode from stored prior high-power data/a derivative thereof.
7. Rebuttal considerations — where the challenge is weakest
- The "high-power sensor not operational" element is the crux, and Simmonds is imperfect for it. Simmonds conserves power by reducing sampling rate/resolution of a continuously operating sensor, and it expressly criticizes systems that turn sensors off ("fail to maintain situational awareness … if an event occurs when the sensor is turned off"). A patentee could argue this is a teaching away from fully de-activating the high-power sensor. A challenger is therefore better served pairing Mariano/AliphCom with a reference that squarely teaches duty-cycling or shutting off a GPS/HR sensor — candidates on the page include Morris (US 2012/0047384 A1) and Cardionetics (GB 2362216 A), or the Myotest-family disclosure that GPS/clock output gates when accelerometer data is requested.
- Prosecution history. Because the switchability preamble was added during prosecution, the applicant presumably argued a specific distinction over the art. The file history should be reviewed for any narrowing argument that could yield prosecution-history estoppel and constrain the "user interaction OR sensor signal" reading.
- No secondary considerations are evident from the record. The patent shows no known commercial-success, long-felt-need, or copying evidence. Absent such objective indicia, the Graham balance favors an obviousness finding — though this is a search result, not an affirmative certification (consistent with the "no litigation found" caveat in the earlier sections).
8. Bottom line
The patent's own cited art supplies all the elements of every claim. The strongest § 103 combination is:
Mariano (US 2010/0250179) + AliphCom (US 2012/0316406) + Simmonds (US 2012/0095622) for independent claims 1, 11, and 20 and dependent claims 2–6, 12, 16–19;
BodyMedia/Stivoric (US 2008/0167573) + Brage et al. + TI (US 2011/0098583) + AliphCom/Simmonds (+ Dothie; Cardionetics) for dependent claims 7–9 and 13–15;
+ AliphCom US 2015/0135284 (or AliphCom's own multi-device system) for claim 10.
Claim 20 is the most vulnerable independent claim because it adds only concrete structure (wrist band; GPS as high-power sensor; accelerometer as low-power sensor) that is squarely disclosed across Mariano + AliphCom.
Claims 1 and 11 are more defensible solely because of the "high-power sensor is not operational in the low-power mode" limitation and the switchability preamble. A challenger should shore up the "sensor off" teaching with Morris, Cardionetics, or a duty-cycling GPS reference, and should review the prosecution history for estoppel-generating arguments.
Confidence: High for the reference-content characterizations of Mariano, Simmonds, AliphCom, Myotest, and Fitbit '770 (directly verified). Moderate for the other cited references (title/abstract-level only, as flagged). This is a technical analyst's § 103 assessment of combinations and motivations, not a legal opinion of invalidity.
Generated 9/30/2026, 10:54:21 AM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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