DietGoal Innovations LLC v. ConAgra Foods, Inc.

Filing 1

COMPLAINT against ConAgra Foods, Inc. ( Filing fee $ 350 receipt number 0540-3632210.), filed by DietGoal Innovations LLC. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Bukovcan, Niknaz)

EXHIBIT A

111111

1111111111111111111111111111111111111111111111111111111111111
US006585516Bl

(54)

United States Patent

(10)

Alabaster

(12)

(45)

METHOD AND SYSTEM FOR
COMPUTERIZED VISUAL BEHAVIOR
ANALYSIS, TRAINING, AND PLANNING

Patent No.:
US 6,585,516 Bl
Date of Patent:
Jui. 1,2003

FOREIGN PATENT DOCUMENTS
JP

407021267 A

* 1/1995

........... G06F/17/60

OTHER PUBLICATIONS
(76)

( *)

Inventor:
Notice:

Oliver Alabaster, 4318 Adrienne Dr.,
Alexandria, VA (US) 22309

Molbak, Jens, "Meals.com is Key Ingredient for Web Sites;
New Strategy Makes Meals.com Available to Millions More
Worldwide", Jul. 26, 2000, Business Wire. *

Subject to any disclaimer, the term of this
patent is extended or adjusted under 35
U.S.c. 154(b) by 0 days.

* cited by examiner
Primary Examiner-John Edmund Rovnak
(74) Attorney, Agent, or Firm-Piper Rudnick LLP; Steven
B. Kelber

(21)

Appl. No.: 10/040,465

(22)

Filed:

(51)
(52)
(58)

Int. CI? .......................... G09B 19/00; G06F 17/00
U.S. CI. ........................................ 434/127; 128/921
Field of Search ......................... 434/127; 128/921;
700/104.1

Jan. 9, 2002

(56)

References Cited
U.S. PATENT DOCUMENTS

5,317,134
5,412,560
5,454,721
5,832,446
5,845,263
6,236,974
6,381,614
2001/0000810
2001/0005830
2002/0046060
2002/0059311

A
A
A
A
A
B1
B1
A1
A1
A1
A1

*
*
*
*
*
*
*

5/1994
5/1995
10/1995
11/1998
12/1998
5/2001
4/2002
5/2001
* 6/2001
* 4/2002
* 5/2002

Edamura .................... 219/720
Dennison .................... 600/300
Kuch ......................... 434/127
Neuhaus ........................ 705/1
Camaisa et al. .............. 705/27
Kolawa et al. . ... ... ... ... ... 705/7
Barnett et al. ........... 707/104.1
Alabaster ................. 707/104.1
Kuroyanagi .. ... ... ... ..... ... 705/2
Hoskyns et al. ... ... ... ... ... 705/2
Nishina ...................... 707/200

100

(57)

ABSTRACT

A system and method for computerized visual behavior
analysis, training, and planning. The system includes a User
Interface (UI), a Meal Database, a Food Database, a Picture
Menus, and a Meal Builder. The method can include the
following steps. First, the Meal Database and the Food
Database can be prepared. Second, the user can use the
Picture Menus to choose meals for a particular time period
to correspond to a customized eating plan. Third, the user
can decide whether or not to change one or more of the
meals he has chosen for the particular time period. If the user
decides to change his chosen meals, the user can edit or
create new meals using the Meal Builder. If the user decides
not to change his choices, or after the user changes his
choices, the user can save the meals for the particular time
period.
18 Claims, 10 Drawing Sheets

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US 6,585,516 B1
1

2

METHOD AND SYSTEM FOR
COMPUTERIZED VISUAL BEHAVIOR
ANALYSIS, TRAINING, AND PLANNING

relies on input by the individual or user of food actually
consumed by the user during a given period of time and
employs a computer program which attempts to estimate the
actual intake of nutrients by the individual and to compare
that intake to a recommended range of nutrients, such as
those contained in dietary guidelines issued nationally in the
United States. The approach of the Dennision patent is
undesirable in that it relies on the individual to provide
accurate input data as to his actual food intake, a task as to
which there are many known obstacles and impediments,
i.e., the approach is not "user friendly." Additionally, no
graphic visual displays are provided, which further detracts
from ease of use, comprehension and effectiveness.

BACKGROUND OF THE INVENTION

5

1. Field of the Invention
The subject invention relates to the field of computerbased methods of employing visual techniques for training
individuals to modify behavior, and planning by individuals 10
for modified behavior. Specific applications include training
individuals to modify diet behavior, and planning by individuals for improved diet practices.
2. Background of the Technology
SUMMARY OF IRE INVENTION
15
Present methods of evaluating dietary habits, motivating
The present invention can solve the above problems by
people to change eating habits, and teaching people how to
providing a system and method for computerized behavior
make healthier food choices are woefully inadequate.
analysis, training, and planning. The system of programs can
Twenty years ago, twenty percent (20%) of Americans were
include a User Interface (UI), a Meal Database, a Food
obese. Now thirty-five percent (35%) of Americans are
20
Database, Picture Menus, and a Meal Builder.
obese, despite the sales of countless diet books and the
increasing availability of low calorie and low fat foods. In
The UI can receive commands from the user and display
fact, American dietary habits were responsible for approxiresults to the user from the Picture Menus and Meal Builder.
mately forty percent (40%) of deaths in 1990, and they
The Meal Database can be a database of pre-set meals
continue to produce an epidemic of obesity that is out of
comprising combinations of foods that conform to predecontrol.
25 termined characteristics that have been compiled. The Food
Database is a database of foods that have been compiled.
No effective tools exist for either health processionals or
(Commercially made or pre-made meals can be included.)
the public that can adequately train people to understand and
immediately recognize. the significance of (1) the impact of
In an alternate embodiment, the Meal Database and the
customized meals on dietary goals; (2) the value and amount 30 Food Database can incorporate a behavior analysis. As
of specific macro and micro nutrients in different foods; (3)
explained in detail in pending U.S. patent applications Ser.
the potentially harmful effects of other naturally occurring
Nos. 09/211,392, 09/461,664, and 091734,711 (incorporated
substances found in many foods; and (4) the relative quanby reference), a behavior analysis comprises compiling and
tities of different food choices. Nor are there any planning
analyzing specific information on a user's instinctive preftools that can show people how to create meals using food 35 erences and tendencies. A behavior analysis can also comchoices that are much more healthful for them and their
pare the specific information to a set of goals. In an
families. In addition, no planning tools exist that use natural
exemplary embodiment, the behavior analysis can be a diet
visual techniques to assist people to follow diet programs
behavior analysis which compiles and analyzes specific
designed by health professionals.
information on a user's instinctive eating preferences and
Finally, no tools exist that allow user's to incorporate a 40 tendencies, and then compares the specific information to a
behavior analysis into their eating goals, and their training or
set of customized eating goals. Thus, the Meal Database and
planning for meeting those eating goals. The behavior
Food Database can be modified to include meals that the
analysis collects and analyzes specific information on a
user has indicated he likes. In an alternative embodiment,
meals that the user dislikes can be ignored by the user or
user's instinctive eating tendencies and preferences. The
behavior analysis can also compare the specific information 45 deleted from the Meal Database and the Food Database.
to a set of goals. Allowing a user to incorporate the user's
The Picture Menus can display on the User Interface
instinctive eating tendencies and preferences into his eating
meals from the Database that the user can mix and match
plan can have a profound effect on how effective the eating
and still meet customized eating goals. The Picture Menus
plan is. Food preferences can strongly influence the risk of
provide a quick and easy system of dietary impact (including
obesity, diabetes, heart disease and cancer.
50 nutritional and caloric impact) controlled meals that the user
3. Related Art
can mix and match at various nutritional, caloric, and other
levels. In an exemplary embodiment, the invention can
U.S. Pat. No. 5,454,721 to Kuch discloses a system
define the user's nutritional, caloric and other needs and let
intended to teach individuals the relationship between the
the user choose the diet he wants to follow. In response to
visual size and a few nutritional characteristics of portions of
food by using either a life size image of, or the corporeal 55 data input regarding personal characteristics and activity
level, calorie goals are defined, and daily meals are comfinger of the individual, as a scale against images of different
bined (and modified) to produce a daily total of various
sized portions of different kinds of food, while showing a
nutrients which can vary only +/-5% from the diet goals
few nutritional characteristics of such portions. The system
before a warning appears. While following the Picture
proposed by Kuch is limited, in that, for example, it does not
evaluate the user's ability to visually estimate macro and 60 Menus, the user can track his progress. If after a certain
amount of time, the user hasn't yet reached his target weight,
micro nutrient content of meals. Nor does it permit or
he can repeat the Picture Menus as often as necessary. Once
incorporate analysis of an individual's natural tendencies
the user's weight has stabilized, he can use the Picture
and preferences. In addition, Kuch does not allow the user
Menus to maintain his weight.
to prepare and plan and adapt meals that will help the user
meet his customized eating goals.
65
The Meal Builder can display on the User Interface meals
from the Database, corresponding to the Picture Menus,
U.S. Pat. No. 5,412,560 to Dennision relates to a method
where the user can change and view the meals' impact on
for evaluating and analyzing food choices. The method

US 6,585,516 B1

3

4

and match at various nutritional, caloric, and other levels.
customized eating goals. The Meal Builder can be a very
Picture Menus 115 can be used as a stand-alone feature, or
useful tool, not only for modifying and personalizing Picture
can include the Meal Builder 120. In an exemplary
Menus, but also for designing meals and picturing favorite
embodiment, the invention has already defined the user's
recipes. The Meal Builder can be a scoring system that
allows the user to view, in real time, the impact of food 5 nutritional, caloric, and other needs and has let the user
choose the diet he wants to follow. In an exemplary
choices on customized eating goals, and the accumulated
embodiment, the user has also indicated his preferences and
impact on daily nutrition allowance made by saved meals
tendencies in a behavioral analysis. Daily meals are comand snacks throughout the day. The approximate distribution
bined to produce a daily total of various nutrients which can
of calories and nutrients for each meal and snack can be
10 vary only +/-5% from the diet goals before a warning
shown using a selected diet plan.
appears. While following the Picture Menus 115, the user
The method for computerized behavior analysis, training,
can track his progress. If after a certain amount of time, the
and planning can include the following steps. First, the Meal
user hasn't yet reached his target weight, he can repeat the
Database and Food Database can be prepared. Second, the
Picture Menus 115 as often as necessary. Once the user's
user can choose meals for a particular day. Third, the user
15 weight has stabilized, he can use the Picture Menus 115 to
can decide whether or not to change one or more of the
maintain his weight.
meals he has chosen for the particular day. If the user decides
The Meal Builder 120 is a very useful tool, not only for
to change his chosen meals, the user can edit or create new
modifying and personalizing Picture Menus 115, but also for
meals using the Meal Builder. If the user decides not to
designing meals and picturing favorite recipes. Meal Builder
change his choices, or after the user changes his choices, the
20 120 can be used as a stand-alone feature, or can be used with
user can save the meals for the particular day.
the Picture Menus 115. Meal Builder 120 incorporates a
scoring system that allows the user to view, in real time, the
DESCRIPTION OF THE FIGURES
impact of food choices on daily intake, and the accumulated
FIG. 1 displays the underlying architecture of an exemimpact on daily nutrition allowance made by saved meals
plary embodiment of the present invention.
25 and snacks throughout the day. The approximate distribution
FIG. 2 is a flow chart illustrating an exemplary overview
of calories and nutrients for each meal and snack can be
process.
shown using a selected diet plan.
FIG. 3 is a flow chart illustrating an exemplary process for
FIG. 2 is a flow chart illustrating an exemplary overview
editing the user choices, as set forth in FIG. 2.
process 200. The overview process 200 starts with step 210.
FIGS. 4--6 are exemplary screen shots illustrating the 30 In step 205, a Meal Database 110 and Food Database 111
areprepared (or edited). In step 210, the user chooses meals
Picture Menus.
(breakfast, lunch, dinner, and snacks) for a day. The terms
FIGS. 7-10 are exemplary screen shots illustrating the
breakfast, lunch, dinner, and snacks do not require a balMeal Builder, and how it can be incorporated into the Picture
anced or traditional meal, but simply denote food choices the
Menus.
35 user can make. For example, though unwise, a user can
DETAILED DESCRIPTION OF THE
choose a plate of potato chips for breakfast and see how this
INVENTION
affects his dietary goals. In an exemplary embodiment, the
Picture Menus 115 are based upon the following distribution
The present invention will be discussed with reference to
of calories: breakfast 25%, lunch 30%, snackslbeverages
preferred embodiments. Specific details will be set forth to
provide a thorough understanding of the present invention. 40 15%, dinner 30%. These levels can be changed when the
meals are edited using Meal Builder 120. However, daily
The preferred embodiments discussed herein should not be
meals are combined to produce a daily total which can vary
understood to limit the invention.
only +/-5% before a warning appears. In step 215, the user
FIG. 1 displays the underlying architecture of an exemdecides whether or not to change the meals he has chosen for
plary embodiment of the present invention. The system 100
45 the day. If the user decides to change his chosen meals, the
includes a User Interface (UI) 105, a Meal Database 110, a
process moves to step 220, where the user can change (edit
Food Database 111, a Picture Menus 115, and a Meal Builder
or create) meals using Meal Builder 120. If the user decides
120.
not to change his choices in 215, or after the user changes
The UI 105 can receive commands from the user and
his choices in 220, the process moves to step 225, where the
display results to the user from the Picture Menus 115 and 50 user saves the meals for that day. The process can be
Meal Builder 120.
repeated by going back to step 205. The overview process
The Meal Database 110 is a database of pre-set meals that
200 ends with step 299.
has been compiled. The Food Database 111 is a database of
FIG. 3 is a flow chart illustrating an exemplary process for
foods that has been compiled.
editing the user choices, as set forth in step 220 of FIG. 2.
In an alternative embodiment, the Meal Database 110 55 In step 305, the user chooses the meal he wants to change.
and/or the Food Database 111 can incorporate a diet behavIn step 310, the user chooses the Edit or New option. If the
ior analysis. These Databases 110 and 111 can be based on
user chooses the Edit option, the process moves to step 320,
a diet behavior analysis of the user. These Databases 110 and
where the user accesses the Meal Builder 120 to edit the
115 are customized through the expansion of the addition of
chosen meal. The user can edit a particular meal by
foods and meals that conform to the users taste preferences 60 removing, adding, decreasing, substituting, etc. food items,
and dietary goals. If the program learns the user likes certain
starting with the meal the user has chosen to edit. If the user
foods, it will offer those foods first. If the program learns the
chooses the New option, the process moves to step 315,
user likes certain meals, it will offer those meals first. In an
where the user accesses the Meal Builder 120 to change the
alternative embodiment, a user can populate a particular
chosen meal. The user can choose a new meal by removing,
database with meals he has created.
65 adding, decreasing, substituting, etc. food items, starting
The Picture Menus 115 are a quick and easy system of
with an empty plate. The user can change a particular meal
dietary impact controlled instant meals that the user can mix
by removing, adding, or substituting a food item.

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Alternatively, the user can load a previously saved meal (and
example, the user can choose to change the Dinner Choice
421. Once the user chooses the Edit 710 or the New 705, the
edit this if he chooses). Steps 315 and 320 move to step 325,
current Dinner Choice 421 will be shown in the Meal
where the Dietary Impact Bar Charts are changed to correBuilder 120.
spond to the changed meal. In step 330, the user saves the
FIG. 8 is an exemplary screen shot 800 illustrating a use
5
changed meal.
of the Meal Builder 120 for Dinner Choice 421. The current
FIG. 4 illustrates an exemplary screen shot 400 illustratDinner Choice 421, comprising barbequed chicken, baked
ing the Picture Menus 115. In this exemplary embodiment,
potatoes, and beans, is shown. The user can access the
the program has indicated, or the user has chosen, that he
Search 820, the New Meal 825, the Load Meal 830, the Save
should follow a 1600 calorie diet. With this 1600 calorie
Meal 835, the Inventory 840, and the Compute 845. The
goal, a breakfast, lunch, snack, and dinner can be combined 10
Search 820 allows a user to search for a food in the Food
to create the right number of calories.
Database 111. The New Meal 825 will display an empty
The user chooses the breakfast, lunch, snack and dinner
plate and allow the user to create a meal. The Load Meal 830
he wants for the day. These meals do not need to be
will allow the user to choose from saved meals that he
well-balanced meals, but as a combination need to meet the
already has. The Save Meal 835 allows the user to save a
1600 calorie goal. The Breakfast Choices 410 indicate the 15 new meal he has created and give it a name. The Inventory
840 provides a written list of the foods on the plate. The
meals the user can choose for breakfast. The Breakfast
Compute 845 allows the user to see the impact of the foods
Choice 411 is boxed and indicates the user's breakfast
on the plate on his dietary goals. On some of these features,
choice for the particular day he is planning. The Lunch
the user can access or provide recipes or details about certain
Choices 415 indicate the meals the user can choose for
lunch. The Lunch Choice 416 is boxed and indicates the 20 foods.
The Dinner Choices 420 in the Meal Builder 120 is
user's lunch choice for the particular day he is planning. The
immediately associated with an increase in the user of the
Dinner Choices 420 indicate the meals the user can choose
allotted amounts of calories and nutrients. This serves to
for dinner. The Dinner Choice 421 is boxed and indicates the
user's dinner choice for the particular day he is planning.
show how adding each meal increases the calorie and
The Snack Choices 425 indicate the meals the user can 25 nutrient intake during the day and how the impact of food
choose for snacks. The Snack Choice 426 is boxed and
choices can be seen in the bar charts. Excesses and deficiencies can be easily spotted and remedied. Other nutrients
indicates the user's snack choice for the particular day he is
can be seen on demand, as can a more detailed numerical
planning. The Save Day's Meals 445 saves the choices
analysis.
411,416,421, and 426 the user has made for a particular day.
If the user is using the New 705, the user is presented with
The user can Scroll Back 455 or Scroll Forward 460 on 30
a clean plate. The user then activates the window containing
the Breakfast Choices 410, Lunch Choices 415, Dinner
the desired food, and drags that food onto the plate. In the
Choices 420, and Snack Choices 425. The user can choose
Dinner Choices 420, the user can choose from different
or review the current day's meals by the Today Indicator
Foods 805, Beverages 810, and Condiments 815. The user
435. The user can also look at meals for the Previous Day
430 or the Next Day 440. The user can view the current 35 can adjust portions by clicking on each food on the plate and
then selecting a plus or minus button. An "X" button
calorie level in a bar graph and number form on the Nutrient
removes the food from the plate.
Indicator 465. While this is set for calories, any nutrient or
As foods are added or removed, the user will see the
quantifier, such as protein, can be measured on the Dietary
Impact 465. (This can be another type of indicator, such as 40 Dietary Impact Bar Charts 850 change immediately. In this
example, the calorie, fat, and fiber intake is shown. This
any type of nutritional indicator.) Usually the user will try to
indicates the contribution each food makes to the user's
make his choices closely match his dietary goals. If the user
nutrition and calorie intake. Condiments and beverages are
exceeds those goals, he will receive a + Warning Signal 480.
added in a similar way. Using Meal Builder 120, the user can
The user can print the Day's Menus using the Print 470. The
user can also record the menus in a health diary, print the 45 build his own personal library of favorite meals.
menu, generate a customized shopping list that incorporates
FIG. 9 is an exemplary screen shot 900 of a use of the
the meals chosen, record his weight, and track his progress.
Meal Builder 120. In this example, the user clicks on the
Graphs for these options can also be provided.
Carrot Choice 905. The Carrot Choice 905 then appears on
the Plate 910. The user is able to adjust the portion size of
FIG. 5 is an exemplary screen shot 500 illustrating a use
of the Picture Menus 115. The user has already indicated a 50 the Carrot Choice 905 and see the Dietary Impact Bar Charts
850 change to correspond to the different portion sizes of the
Breakfast Choice 411 and Lunch Choice 416. The user
Carrot Choice 905.
chooses a Dinner Choice 421 comprising barbequed
chicken, baked potatoes, and beans. The user views the
FIG. 10 is an exemplary screen shot 1000 of a use of the
Dietary Impact 465 (here it is calories, although this could
Meal Builder 120, as accessed in the Picture Menus 115.
be a nutritional or other impact) of the Dinner Choice 421 on 55 Once the user saves the Carrot Choice 905 on his Dinner
his daily allowance, and sees that with his dinner choice, he
Choice 421, the user is taken back to the Picture Menus 115.
has used 1650 (more than his allocated 1600) calories.
The user can see the Carrot Choice 905 included in his
Dinner Choice 421. The user can also see the Dietary Impact
FIG. 6 is an exemplary screen shot 600 illustrating
465 of the meal change, with the inclusion of the Carrot
another use of the Picture Menus 115. The user has already
indicated a Breakfast Choice 411, Lunch Choice 416, and 60 Choice 905.
What is claimed is:
Dinner Choice 421. The user adds a Snack Choice 426 of
1. A system of computerized meal planning, comprising:
grapes. The user views the Dietary Impact 465 of the grapes
a User Interface;
on his daily allowance, and sees that the addition of the
grapes makes it so he has used 1750 instead of 1650 calories.
a Database of food objects organizable into meals; and
FIG. 7 is an exemplary screen shot 700 illustrating the 65
at least one Picture Menus, which displays on the User
Meal Builder 120. The user can change an existing Choice
Interface meals from the Database that a user can select
411, 416, 421, or 426 using Edit 710 or New 705. For
from to meet customized eating goal.

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2. A system of computerized meal planning, comprising:
a User Interface;
a Database of food objects; and
a Meal Builder, which displays on the User Interface
meals from the Database, and wherein a user can
change content of said meals and view the resulting
meals' impact on customized eating goals.
3. The system of claim 1, further comprising:
a Meal Builder, which displays on the User Interface
meals from the Database, corresponding to the Picture
Menus, where the user can change the content of said
meal's and view the resulting meal's impact on customized eating goals.
4. The system of claim 1, wherein the meal planning is
designed to impact eating behavior.
5. The system of claim 1, wherein food objects are food
images.
6. The system of claim 1, wherein the Database further
comprises:
a Food Database comprising the food objects incorporated
into the Meal Builder; and
a Meal Database comprising various combinations of the
food objects designated as meals and incorporated into
the Meal Builder and the Picture Menus.
7. The system of claim 1, wherein the Database is based
on a behavior analysis comprising collecting and analyzing
specific information on a user's instinctive tendencies and
preferences.
8. The system of claim 6, wherein the Food Database and
the Meal Database are based on a behavior analysis comprising collecting and. analyzing specific information on a
user's instinctive tendencies and preferences.
9. The system of claim 7, wherein the behavior analysis
further comprises comparing the specific information to a set
of goals.
10. The system of claim 7, wherein the behavior analysis
is a diet behavior analysis comprising collecting and ana1yzing specific information on a user's instinctive eating
tendencies and preferences.
11. The system of claim 10, wherein the diet behavior
analysis further comprises comparing the specific information to a set of customized eating goals.
12. A method of computerized planning that can influence
behavior, comprising:

preparing a Database of food objects;
allowing a user to choose meals from one or more Picture
Menus, which display on a User Interface meals comprised from the food objects from the Database that the
user can mix and match to meet customized eating
goals, for a particular amount of time; and
allowing a user to save the meals.
13. A method of computerized planning that can influence
behavior, comprising:
preparing a Database of food objects;
allowing the user to decide whether or not to change one
or more meals comprising food objects; and
if the user decides to change one or more of the meals,
allowing the user to change the meals using a Meal
Builder, which displays on the User Interface the food
objects from the meals from the Database, corresponding to the Picture Menus, where the user can change
and view the meals' impact on customized eating goals.
14. The system of claim 12, further comprising:
allowing the user to decide whether or not to change one
or more of the meals; and
if the user decides to change one or more of the meals,
allowing the user to change the meals using a Meal
Builder, which displays on the User Interface the food
objects from the meals from the Database, corresponding to the Picture Menus, where the user can change
and view the meals' impact on customized eating goals.
15. The system of claim 12, further comprising the step of
incorporating a behavioral analysis comprising collecting
and analyzing specific information on a user's instinctive
tendencies and preferences into the Database.
16. The system of claim 15, wherein the behavior analysis
further comprises comparing the specific information to a set
of goals.
17. The system of claim 15, wherein the behavior analysis
is a diet behavior analysis comprising collecting and ana1yzing specific information on a user's instinctive eating
tendencies and preferences.
18. The system of claim 17, wherein the diet behavior
analysis further comprises comparing the specific information to a set of customized eating goals.

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