U.S. patent application number 16/147218 was filed with the patent office on 2019-10-03 for sobriety monitoring system.
The applicant listed for this patent is BI MOBILE BREATH, INC.. Invention is credited to Casey Hanrahan, Brad Keays, Christopher J. Pursley, Daniel Rhodes, Andrew Rothman.
Application Number | 20190298257 16/147218 |
Document ID | / |
Family ID | 51537812 |
Filed Date | 2019-10-03 |
View All Diagrams
United States Patent
Application |
20190298257 |
Kind Code |
A1 |
Keays; Brad ; et
al. |
October 3, 2019 |
SOBRIETY MONITORING SYSTEM
Abstract
A system and method of monitoring sobriety using a hand-held
breath testing device that, on receipt of a user's breath,
generates a breath test signal comprising substance content data
and user identification data, and wirelessly transmits the breath
test signal to a breath test signal receiving station.
Inventors: |
Keays; Brad; (Manhattan
Beach, CA) ; Rothman; Andrew; (Costa Mesa, CA)
; Hanrahan; Casey; (Fullerton, CA) ; Pursley;
Christopher J.; (Fullerton, CA) ; Rhodes; Daniel;
(San Diego, CA) |
|
Applicant: |
Name |
City |
State |
Country |
Type |
BI MOBILE BREATH, INC. |
Wilmington |
DE |
US |
|
|
Family ID: |
51537812 |
Appl. No.: |
16/147218 |
Filed: |
September 28, 2018 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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15656344 |
Jul 21, 2017 |
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16147218 |
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15209560 |
Jul 13, 2016 |
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15656344 |
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14210278 |
Mar 13, 2014 |
9417232 |
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15209560 |
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61799372 |
Mar 15, 2013 |
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Current U.S.
Class: |
1/1 |
Current CPC
Class: |
A61B 5/082 20130101;
G01N 33/98 20130101; G01N 33/4972 20130101; B01L 2300/021 20130101;
B01L 3/50 20130101; A61B 5/1176 20130101; B01L 2300/0654 20130101;
A61B 2010/0009 20130101; B01L 2300/0663 20130101; B60K 28/063
20130101; A61B 5/0022 20130101; A61B 5/0002 20130101; B01L 2300/023
20130101; A61B 5/4845 20130101; B01L 2200/141 20130101; A61B
2010/0087 20130101; G01N 33/497 20130101; A61B 5/097 20130101; A61B
2560/0431 20130101 |
International
Class: |
A61B 5/00 20060101
A61B005/00; G01N 33/497 20060101 G01N033/497; B60K 28/06 20060101
B60K028/06; A61B 5/08 20060101 A61B005/08; A61B 5/097 20060101
A61B005/097; B01L 3/00 20060101 B01L003/00; A61B 5/1171 20060101
A61B005/1171; G01N 33/98 20060101 G01N033/98 |
Claims
1. A system for remotely monitoring the sobriety of a user, the
system comprising: a handheld breath testing device operable to
receive a user's breath and determine whether alcohol is present
within the user, said handheld breath testing device including: a
portable, cordless hand-held case, a breath alcohol content sensor
housed within the case for sensing a breath alcohol content of the
user, a user identification device housed within the case, a
wireless transceiver housed within the case, a memory housed within
the case, and a controller housed within the case and
electronically coupled to the digital camera, the sensor, and the
wireless transceiver; and a server communicatively coupled to the
handheld breath testing device, the server including a database;
wherein the controller includes a processor and a non-transitory
computer-readable medium containing a sequence of instructions
that, when executed by the processor, causes the controller to
execute the following operations: capture user identification data
with the user identification device during a breath test, the user
identification data identifying the user, capture the breath
alcohol content of the user with the breath alcohol content sensor
during the breath test, attempt to transmit the user identification
data and the breath alcohol content to the server using the
wireless transceiver, determine whether the attempted transmission
is successful, store the user identification data and the breath
alcohol content in the memory in the event the attempted
transmission is not successful; and wherein the server further
includes a processor and a non-transitory computer-readable medium
containing a sequence of instructions that, when executed by the
processor, causes the processor to execute the following
operations: receive the user identification data and the breath
alcohol content from the handheld breath testing device; and store
the user identification data and the breath alcohol content within
the database.
2. The system of claim 1, wherein the breath testing device
controller further captures a time stamp during the breath test;
and wherein the breath testing device controller further attempts
to transmit the time stamp in association with the captured user
identification data and breath alcohol content.
3. The system of claim 2, wherein the server further stores the
timestamp within the database.
4. The system of claim 1, wherein the server is communicatively
coupled to a supervisory monitor; and wherein the servicer further
transmits data to the supervisory monitor indicating whether the
user identification data and the blood alcohol content data have
been received by the server.
5. The system of claim 4, wherein the data transmitted to the
supervisory monitor is transmitted to the supervisory monitor via
email.
6. The system of claim 4, wherein the data transmitted to the
supervisory monitor is transmitted to the supervisory monitor via
text-message.
7. The system of claim 4, wherein the data transmitted to the
supervisory monitor is transmitted to the supervisory monitor via
voice message.
8. The system of claim 1, wherein the breath testing device further
includes a display exposed within the case, and wherein the
controller causes the display to indicate whether the user
identification data and the blood alcohol content data have been
received by the receiver.
9. The system of claim 1, wherein the breath testing device further
includes breath tube for receiving the user's breath during the
breath test.
10. The system of claim 9, wherein the breath tube is glass.
11. The system of claim 9, wherein the breath tube includes a
colored flange.
12. The system of claim 11, wherein the colored flange is
translucent except during the breath test.
13. The system of claim 12, wherein the breath testing device
further includes a light source adjacent the colored flange, the
light source operable to illuminate the colored flange during the
breath test.
14. The system of claim 1, wherein the user identification device
comprises an infrared camera.
15. The system of claim 1, wherein the user identification device
further comprises a pressure sensor for sensing the pressure of the
user's breath during the breath test, and a temperature sensor for
sensing the temperature of the user's breath during the breath
test; and wherein the user identification data includes the
pressure and temperature of the user's breath during the breath
test.
Description
CROSS-REFERENCE TO RELATED APPLICATIONS
[0001] This application is a continuation of U.S. patent
application Ser. No. 15/656,344, filed Jul. 21, 2017, which is a
continuation of U.S. patent application Ser. No. 15/209,560, filed
Jul. 13, 2016, which is a continuation of U.S. patent application
Ser. No. 14/210,278, filed Mar. 13, 2014, now U.S. Pat. No.
9,417,232, which is based on U.S. Provisional Application No.
61/799,372, filed Mar. 15, 2013, and is related to U.S. Ser. No.
13/274,553, filed Oct. 17, 2011; U.S. Ser. No. 12/882,323, filed
Sep. 15, 2010; U.S. Provisional Application No. 61/320,168, filed
Apr. 1, 2010; U.S. Provisional Application No. 61/254,575, filed
Oct. 23, 2009; and U.S. Provisional Application No. 61/248,364,
filed Oct. 2, 2009, the entire contents and disclosures of which
are herein incorporated by reference.
BACKGROUND OF THE INVENTION
Field of the Present Disclosure
[0002] This disclosure relates generally to a method and system for
remote sobriety monitoring, and more particularly relates to a
method and system utilizing a breath testing and identification
device for periodically analyzing the alcohol content or other
substance content of the breath of a user in combination with a
wireless or cellular transmitter or transceiver device to transmit
an alcohol content or other substance content signal to a wireless
or cellular signal receiver and/or monitoring station to help
ensure abstinence of the user from the use of alcohol or another
substance.
[0003] Recovering alcoholics or other substance abusers may benefit
from the supervision of a sober chaperone such as a sober buddy,
sober companion or sober coach to assist a recovering alcoholic in
maintaining abstinence from alcohol outside of a treatment
facility. Such a sober companion commonly chaperones the recovering
alcoholic or substance abuser on a constant basis, or maybe
available on an on-call basis to accompany a recovering alcoholic
or substance abuser periodically or as needed during certain
activities. Such supervisory care can be quite expensive, which may
have the unfortunate consequence of reducing or eliminating the
services of such supervisory care.
[0004] People struggling with alcohol often conceal their abuse,
making it difficult for concerned family members to confirm their
suspicions and intervene. Because alcohol leaves the system
quickly, it is important to test for alcohol consumption by using a
breathalyzer or another similar alcohol testing method.
Confirmation of a drinking problem becomes increasingly difficult
during periods when testing for alcohol consumption is not easily
enforced, such as during travel for business or college, for
example. It would be useful to provide a method for parents to be
able to monitor alcohol use anywhere by their children, and for
spouses to monitor alcohol use anywhere by their spouses, in order
to eliminate suspicions and confirm whether the family member has a
drinking problem. It would also be useful to provide a method for
companies to deter alcohol abuse by employees during work hours.
Industries that rely heavily on driving and have limited employee
supervision could also benefit from a method allowing the
monitoring of alcohol use by employees as a way to confirm employee
sobriety during work hours. Although drug testing is common in the
workplace, since alcohol is metabolized relatively quickly, and is
not easily tested, it would also be useful to provide a method for
immediate confirmation of an employee's alcohol level at any given
time.
[0005] Additionally, alcohol and drug abuse sometimes occur
together, and the struggles facing recovering alcoholics often
mirror those facing recovering drug addicts. Those struggling with
narcotics also often conceal it from friends and family, often
prolonging intervention until it is too late. Drug abuse is
especially prevalent with teenagers. Because of the potentially
dangerous side effects of narcotic use, it is important to test for
use of narcotics or other controlled substances in a manner that is
quick and reliable. It is furthermore important that timely
responsive action be taken to prevent injury, disease or death.
Furthermore, although drug testing is common in the workplace,
current testing methods do not provide immediate confirmation of an
employee's sobriety. It would therefore be useful to provide a
method for quick and accurate on-demand drug testing and monitoring
that can be accomplished with relative ease and convenience.
[0006] Court ordered sobriety is also commonly required as a
condition of probation or other court imposed rehabilitative or
behavior altering programs. Reporting to a stationary facility,
one's probation officer, or even one's home in order to be tested
for substance use is often an embarrassing and time consuming
ordeal that does not facilitate healthy reintegration into society.
Thus, the discrete remote monitoring of a person under such a
program by the court, or other authority, without requiring the
monitored person to excuse themselves from society for more than a
brief period of time would be useful in reintegrating the monitored
person into society without the awkward and embarrassing effects of
traditional monitoring procedures. Such a system is also useful to
provide a system of monitoring where those monitored are emboldened
to no longer feel like societal outcasts and are thus increasingly
motivated to maintain their sobriety.
[0007] Currently available remote sobriety monitors involve an
intrusive and awkward looking bracelet that requires constant
contact with a user's skin. For example U.S. Pat. No. 7,641,611, to
Hawthore, et. al., describes an example of one such a remote
sobriety monitor requiring the use of skin contacting bracelet.
While such monitors enable remote monitoring of blood alcohol
levels, users are often stigmatized by their indiscrete presence
and therefore find healthy societal interaction while wearing such
bracelets difficult.
[0008] Non-skin-contact sobriety monitors are available, but they
are generally bulky, expensive, inconvenient systems that require a
user to periodically return to the sobriety monitor site. For
example, the ElmoTech MEMS 3000 system provides a breathalyzer-type
sobriety monitor with user image confirmation and remote
transmission capabilities. However, the ElmoTech MEMS 3000 sobriety
monitor is incapable of being easily transported with the user.
Since the user must periodically return to the sobriety monitor
site, the user's mobility is extremely limited.
[0009] Hand-held breathalyzer-type sobriety monitors such as the
monitors in U.S. Pat. No. 6,726,636, to Der Ghazarian et al., are
preferable, however because of physical size limitations such
hand-held systems do not contain the ability to capture and quickly
transmit the user's image for positive identification. Furthermore
such hand-held monitors do not transmit complex blood alcohol
levels, and instead transmit only simple "pass" or "fail" signals.
Thus, recipients of the signals are generally unaware of the user's
actual test results. Also, these systems generally are not enabled
to provide a vehicle interlock function whereby the breathalyzer is
enabled to selectively prohibit vehicle ignition.
[0010] There are existing vehicle interlock devices, whereby a
breathalyzer is required to enable a vehicle to function; however,
such interlock devices are not portable, and further, existing
interlock devices can be easily hacked and/or tampered with. For
example, a drunk driver can simply have a sober person blow into
the breathalyzer to enable vehicle ignition.
[0011] It would therefore be desirable to provide a method and
system of providing supervisory monitoring of sobriety that is
discrete, portable, tamper-proof, and effective, and that can
automatically alert a monitoring station of the need for attention
and possible corrective or medical action by such a supervisory
sober buddy or sober companion on an on-call basis. The present
invention meets these and other needs.
BRIEF SUMMARY OF THE INVENTION
[0012] Briefly, and in general terms, the present invention
provides for a method and system for monitoring sobriety of a user
on an automated basis, utilizing a hand-held breath testing device,
a wireless or cellular transmitter or transceiver device for
wirelessly transmitting results of the breath testing to a wireless
or cellular receiver monitoring station. The monitoring station
receives the breath testing results (and optionally identification
such as a photograph) from the wireless or cellular transmitter or
transceiver device, and indicates an alarm or otherwise alerts an
on-call monitor when the wireless or cellular transmitter or
transceiver is indicated to be off, or when the breath testing
results indicate a breath test content greater than a predetermined
threshold, or when the received breath is not the breath of the
user (which can be determined from the photograph). The method and
system can be used in connection with a traditional sober buddy,
chaperone service on an on-call basis only, to limit the expense
and labor intensiveness of the supervisory care. Such a systems may
also be used to monitor abstinence from other drugs which can be
taken orally and tested by breath analyzer or the like without the
use of a chaperone on a continuing basis.
[0013] By using the method and system of the present invention, a
family member trying to build back trust in family relationships
can prove that they are making behavior changes by sending breath
test reports on a predetermined schedule, or when randomly
requested by the family. The present invention helps a person prove
that they are making healthier choices in life and making steps
toward rebuilding trust in family relationships. Families can
benefit from knowing that loved ones are sober enough to drive, and
the present invention can be used remotely to determine a person's
sobriety or that blood alcohol levels are in an acceptable
range.
[0014] The present invention also provides a method for immediate
confirmation of an employee's alcohol level at any given time.
Particularly those companies with employees who drive as a part of
their employment would benefit by keeping their employees sober
during working hours. The present invention also can be used in
rehabilitative aftercare, and can be used to monitor multiple
patients, and the present invention can be used by a sober
companion during times when they were not able to accompany
them.
[0015] The present invention is also useful for remotely monitoring
sobriety in situations in which sobriety has been required as a
condition of probation or by courts. In addition, counties and
states who sentence an individual to home detention always require
sobriety. By incorporating a GPS tracking module or using the
mobile device GPS in the breath testing and identification device,
the sobriety and location of individuals placed under home
detention can be monitored together, which could eliminate the need
for the use of ankle bracelets that are currently in use for home
detention.
[0016] For families who want to monitor their children or spouses,
the sobriety monitoring system of the present invention can send a
breath test report and photograph to a monitoring station where the
report and photograph can be stored, or can send a breath test
report and photograph directly from one mobile device to another,
without storage of the report and photograph. A cellular module can
alternatively be provided inside the breath testing and
identification device that can send a breath test report and
photograph directly through WiFi, cell towers, or through other
mobile wireless networks such as those that do not rely on fixed
infrastructure, for example.
[0017] These and other aspects and advantages of the invention will
be apparent from the following detailed description and the
accompanying drawing, which illustrates by way of example the
features of the invention.
BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S)
[0018] Illustrated in the accompanying drawing(s) is at least one
of the best mode embodiments of the present invention In such
drawing(s):
[0019] FIG. 1 is a schematic diagram illustrating the method and
system for monitoring sobriety, according to the invention;
[0020] FIG. 2 is a schematic diagram illustrating a breath testing
and identification device for use in the method and system of FIG.
1 according to a preferred embodiment of the invention;
[0021] FIG. 3 is a right front perspective illustrating another
preferred breath testing and identification device for use in the
method and system of FIG. 1 according to a preferred embodiment of
the invention;
[0022] FIG. 4 is a left front perspective of the breath testing and
identification device of FIG. 3.
[0023] FIG. 5 is a schematic diagram illustrating another
embodiment of the method and system for monitoring sobriety
according to a preferred embodiment of the invention.
[0024] FIG. 6 is an exploded view of the breath testing and
identification device according to a preferred embodiment of the
invention.
[0025] FIG. 7 is an exploded view of the breath testing and
identification device according to a preferred embodiment of the
invention.
[0026] FIG. 8 is a schematic diagram illustrating another the
method and system for monitoring sobriety according to a preferred
embodiment of the invention.
[0027] FIG. 9 is a schematic diagram illustrating a vehicle
interlock device according to a preferred embodiment of the
invention.
[0028] FIG. 10 is a schematic diagram illustrating another the
method and system for monitoring sobriety according to a preferred
embodiment of the invention.
[0029] FIG. 11 is a schematic diagram illustrating another the
method and system for monitoring sobriety according to a preferred
embodiment of the invention.
[0030] FIG. 12 is a schematic diagram illustrating an exemplary
sensor according to a preferred embodiment of the invention.
[0031] FIG. 13 is a flow chart illustrating another the method and
system for monitoring sobriety according to a preferred embodiment
of the invention.
[0032] FIG. 14 is a front perspective view of a breath testing and
identification device according to a preferred embodiment of the
invention.
[0033] FIG. 15 is a front elevational view illustrating an
exemplary web portal according to a preferred embodiment of the
invention.
[0034] FIG. 16 is a chart illustrating exemplary results of
pressure and temperature sensing analysis according to a preferred
embodiment of the invention.
[0035] FIG. 17A-C illustrates exemplary messages displayed on the
breath testing device according to a preferred embodiment of the
invention.
[0036] FIG. 18A-B illustrates exemplary messages displayed to the
supervisory according to a preferred embodiment of the
invention.
[0037] FIG. 18C illustrates an exemplary web portal according to a
preferred embodiment of the invention.
DETAILED DESCRIPTION OF THE INVENTION
[0038] The above described drawing figures illustrate the described
apparatus and its method of use in at least one of its preferred,
best mode embodiment, which is further defined in detail in the
following description. Those having ordinary skill in the art may
be able to make alterations and modifications to what is described
herein without departing from its spirit and scope. Therefore, it
should be understood that what is illustrated is set forth only for
the purposes of example and should not be taken as a limitation on
the scope of the present apparatus and its method of use.
[0039] Described now in detail is a method and system for
monitoring sobriety of a user, such as a recovering alcoholic, as
an intermediate, automated way of engaging the services of a sober
buddy, sober companion, sober coach, or other supervisory care for
the user to help ensure against relapse of the user, and to help
the user maintain sufficient abstinence from alcohol or another
substance to reside and function outside of a treatment
facility.
[0040] Referring to FIG. 1, a substance testing device 10; a
transceiver unit 12; a receiving station 14; and a supervisory
monitor 16 may be provided.
[0041] Preferably, the substance testing device 10 is a hand held
substance testing device operable to test for the presence of
alcohol or other substance in the breath of the user. The testing
device may also operate to test the quantity of alcohol or other
substance in the breath of the user. Additionally, the substance
testing device 10 is preferably operable to generate a substance
content signal 11 comprising at least substance content data. For
example, the testing device may comprise a breathalyzer type
testing device operable to analyze the alcohol content of the
breath of a user and generate an alcohol content signal indicative
of the alcohol content of the user's breath.
[0042] In some embodiments, the substance testing device may also
comprise a user identification device (UID) 24, described in detail
below, operable to generate a user identification data. For
example, the UID may comprise a camera operable to generate a JPEG
image of the user while the test is in progress. Thus, the
substance content signal 11 may also comprise a user identification
data.
[0043] Additionally, in some embodiments, the substance testing
device may also comprise a GPS module, described in detail below,
operable to generate a location data. Thus, the substance content
signal 11 may also comprise a location data.
[0044] As described in depth below, the transceiver unit 12 may be
a wireless or cellular transmitter or transceiver device. It may be
a smart cellular phone such as an iPhone that may be configured to
be connected to the breath testing device either directly, such as
by electrical connection, or wirelessly, so as to receive the
content signal 11. Additionally, the transceiver unit 12 may be
configured to transmit the content signal 11 to the receiving
station 14. Transmission may occur over a wireless, wired,
cellular, or any other type of network now known or hereafter
developed. In at least one embodiment, the transceiver unit 12 is
internal to the substance testing device 10 and is a hardware
component thereof.
[0045] The receiving station 14 may be configured to receive the
content signal 11. The receiving station 14 may be configured to
inform the supervisory monitor 16 if the content signal 11 is not
received from the transceiver at a predetermined time, or if the
content signal 11 indicates that the substance content levels
exceed a predetermined threshold. For example, the typical legal
limit of blood alcohol content (BAC) is 0.08%. Thus, receiving
station may inform the supervisory monitor 16 if the content signal
indicates the user's BAC is greater than 0.08%. Importantly, the
predetermined threshold may be set at a higher or lower level as
may be desired. Additionally, the receiving station 14 may be
configured to convey the content signal 11, or a report based
thereon, directly to the supervisory monitor 16 so that the
supervisory monitor 16 is made aware of the substance content data.
Thus, for example, the receiving station may inform the supervisory
monitor 16 (who may be a parent or guardian) that the user (who may
be a teenage child of the parent or guardian) has a BAC of
0.03%.
[0046] In some embodiments, the receiving station 14 may comprise
any location, device or system where the content signal 11 is
received, including, for example: a monitoring station, a
cellular/smart phone, an email account, a website, a network
database, and a memory device. Additionally, the supervisory
monitor 16 may comprise a parent, guardian, family member, friend,
parole officer, court appointed supervisor, sobriety coach, sober
buddy, sober companion, police department, or other supervisory
care person, group, or authority.
[0047] In some embodiments, the substance testing device 10 is a
breathalyzer type device, such as the iBreath Breathalyzer, usable
in combination with an iPod or iPhone, for example, which may act
as a power source for the iBreath.
[0048] According to at least one embodiment, there may be provided
a user identification module 82 and a substance testing module 84,
as shown in FIG. 8.
[0049] During testing, the substance testing module 84 may convert
a user's breath into substance content data. The substance content
data may be communicated to a signal generation module 86 which may
be operable to convert the substance content data into the content
signal 11. The content signal 11 may include, for example, the
user's blood alcohol level, or indication that the user's blood
alcohol level is below or above a predetermined threshold.
[0050] In some embodiments, the content signal 11 may include, for
example, an indication that the user's breath contains detectable
traces of controlled substances or narcotics or their derivatives,
such as, for example: methamphetamines, amphetamines, barbituates,
tetrahydrocannabinol (THC) or other cannibanoids,
benzoylmethylecgonine, diacetylmorphine or other opiates/opioids,
lysergic acid diethylamide, psilocin, phencyclidine and the like.
Thus, for example, the receiving station 14 may inform the
supervisory monitor 16 if the content signal 11 indicates the
user's THC level is greater than 5 ng/ml, the minimum detectible
level established by some states. Again, the predetermined
threshold may be set at a higher or lower level as may be desired.
And, for example, the receiving station 14 may inform the
supervisory monitor 16 that the user has a THC level that exceeds
the minimum.
[0051] The user identification module 82 may be configured to
generate a user identification data. For example, the user
identification module 82 may be configured to receive a photograph
or movie of the user's face from the UID 24 and to convert it into
a JPEG image data. Thus, in some embodiments, the user
identification module 82 may comprise a compression module (not
shown) configured to compresses the user identification data
according to a compression process, for example, an implementation
variation of standard JPEG compression. In some embodiments, the
user identification module 82 and the UID 24 may comprise a single
structure. In other embodiments, they may comprise distinct
structures.
[0052] After the user identification data is generated, it may be
communicated to the signal generation module 86 which may be
operable to add the user identification data to the content signal
11.
[0053] A transceiver 88 may be in communication with the signal
generation module 86. The transceiver 88 may be a cell/smart phone,
such as iPhone, for example, and can be configured to be connected
to the signal generation module 86 either directly, such as by an
internal or external electrical connection, or wirelessly, to
receive the content signal 11. The transceiver 88 may be configured
to transmit the content signal 11 to the receiving station 56,
which may comprise a website or monitoring station. The wireless or
cellular transmitter or transceiver device 88 may also be
configured to transmit the signal over a wireless or cellular
network to a wireless or cellular receiving station 14, for
example, the cellular phone of a supervisory monitor 16. This
transmission may be done periodically, or at specified times.
[0054] In at least one embodiment, the content signal comprises at
least the substance content data and the user identification data.
Alternatively, the user identification data may be transmitted to
the receiving station 56 separately from the content signal 11. In
at least one embodiment, the content signal 11 comprises a
digitized report which may accessible by a supervisory monitor
16.
[0055] Ideally the entire test and photography process should take
less than 60 seconds, for example, compression of the image data
allows a user to offer their breath for testing and have the
content signal be received by the receiving station within 60
seconds.
[0056] The receiving station 14, for example, a monitoring station,
website or server, can preferably automatically evaluate the
content signal 11 and maintain a history of the test time, result
and the user identification data for each test. The receiving
station 14 can also include a database and software for analysis of
user identification data, for example, user facial features, for
determining whether the user can be identified from each still
frame photograph or movie, to confirm or reject the test results,
and to determine whether corrective action is required. As
explained below, positive identification of the user in association
with the content signal 11 may be accomplished by one or more
recognition techniques including: facial recognition, voice
recognition, DNA recognition, iris recognition, fingerprint
recognition, or other recognition techniques now known or developed
hereafter.
[0057] For example, the receiving station 14 can analyze specific
iris or retinal features from one or more eyes of the user for
matching with a profile of the user's iris or retinal features, or
the receiving station 14 can analyze specific mouth and/or teeth
features of the user for matching with a user profile of those
features. Additionally, a supervisor may compare the received user
identification data with a stored user identification reference in
order to positively identify the user.
[0058] Facial, iris or retinal identification analysis requires
proper alignment and focusing of the camera 24. A device leveling
module (not shown) may be provided so as to maintain proper
alignment and focus. The device leveling module may operate to
detect whether the testing unit remains in an optimal orientation
during the testing phase. For example, best image quality generally
occurs when the camera remains horizontal and un-rotated during a
photo. The device leveling module may indicate to the user, through
a GUI, LED, audio or other such user interface, that the device is
at a proper orientation for user identification.
[0059] Mouth and/or teeth identification analysis may require an
appropriate device for proper placement of the substance testing
device 20. Multiple internal tooth sensors of a tooth-guard or
mouthpiece (not shown) can be activated by low level electrical
signals which can be measured and transmitted by the UID 24, for
use in matching a loading profile of the internal tooth sensors
with a user's tooth sensor profile.
[0060] It will be appreciated that user identification may occur
independent of the receiving station 14. For example, the user
identification module 82 may comprise a memory that may store a
reference user identification data for comparison with the
generated user identification data. Upon successful comparison,
i.e. the actual user is the intended user, the user identification
module 82 may communicate a pass signal which may be added to the
content signal 11.
[0061] In at least one embodiment, the receiving station is a
monitoring station, for example, a monitoring service or a website,
that can either manually or automatically alert a supervisory care
professional, such as a sober buddy, sober companion or sober
coach, that is on-call to respond to an alarm condition or alert,
as described herein, in order to take appropriate corrective
action. The monitoring station can also preferably provide a
variety of reports of the user's testing history or individual test
results and still frame photographs or movies used in
identification of the user, to allow comprehensive and detailed
analysis of the user's testing history, which can be accessed via
the Internet as desired. The generated reports may be official
Department of Transportation Evidential Breath Testing (EBT)
reports, or may be of any other custom or preset format.
[0062] It will be appreciated, that while at least one embodiment
is herein described through example as testing for alcohol use,
such embodiments may be equally applicable to testing for the use
of controlled substances or other narcotics, as described
herein.
[0063] At least one preferred embodiment will now be described with
reference to FIG. 2.
[0064] A breath testing device 20 is provided, which may comprise:
a breath tester 22, and a user identification device (UID) 24.
[0065] The breath tester 22 may comprise, for example, a breath
tester tip 22 configured to be placed at or in a user's mouth
during testing. The UID 24 may comprise, for example, a camera
24.
[0066] The breath tester tip may be removably mounted to an end of
an extension arm 26, which is in turn connected to a breath
analysis and processing portion 28 of the breath testing device 20.
The breath analysis and processing portion preferably comprises a
breath testing module 82, as shown in FIG. 7, and may be operable
to convert the substance content data into the substance content
signal 11.
[0067] The extension arm 26 is preferably a suitable length, such
as approximately size to twelve inches, for example, to obtain a
still frame photograph or movie suitable for use in accurately
identifying the user. Alternatively, the extension arm 26 may be of
an adjustable length to allow setting of an optimum length of the
extension arm 26.
[0068] The breath testing device 20 may also include a handle (not
shown) connected to at least one of the camera 24 and the extension
arm 26, for ease of use of the device 20.
[0069] The physical dimensions of the breath testing device 20 are
such that it is readily able to be carried by hand, or inserted
into a handbag, purse, pocket or the like. Preferably, the device
20 is not more than 27 cubic inches in volume, and has, for
example, a major axis length of approximately 9 inches, a first
minor axis length of approximately 3 inches, and a second minor
axis length of approximately 1 inch.
[0070] The camera 24 may be configured to be directed at the user's
face at a suitable distance from the user's face during testing,
and may be configured to take a photograph or movie of the user's
face in synchronization with the testing, to provide user
identification data for later use in positive identification of the
user in association with the content signal 11.
[0071] The camera 24 may comprise a two-way camera--or
alternatively two cameras--such that a photograph/video of the user
and a photograph/video of an applier, such as a police officer
testing a user for BAC, may be both associated with the breath
test. In other words, the user identification data may also include
identification data for the applier.
[0072] At least one preferred embodiment will now be described with
reference to FIGS. 3 and 4.
[0073] As previously described, the breath testing device 30 may
include a breathalyzer type device, such as the removable breath
tester tip 32 configured to be placed at or in a user's mouth
during breath testing, and a camera device 34. The removable breath
tester tip 32 is preferably removably mounted to an end of an
extension portion 36 which is in turn connected to a breath
analysis and processing portion 38 of the breath testing device 30.
The camera device 34 may be configured to be directed at the user's
face at a suitable distance from the user's face during breath
testing, and may be configured to take a photograph or movie of the
user's face in synchronization with the testing of the user's
breath, to provide identification information for later use in
positive identification of the user with the test results.
[0074] The breath device 30 may include a status LED 40, such as
for indicating when the device is ready for use and when the device
has completed breath testing and identification, for example.
[0075] The breath testing device 30 may also include an over mold
grip portion 42, a battery door 44 for installing and maintaining
or recharging batteries (not shown) for powering operation of the
device, and optionally a cover 46 for breath sensor (not shown) for
powering operation of the device.
[0076] The breath testing device 30 may also include an internal
GPS tracking module (not shown) or an internal mobile device GPS
(not shown) to provide a GPS location and tracking information
signal as well.
[0077] At least one preferred embodiment will now be described with
reference to FIGS. 6 and 7.
[0078] The breath testing device 70 may comprise: a breath tube 72;
a breath interface tube 76; a camera 74; a breath testing sensor
78; and a printed circuit board (PCB) assembly 80.
[0079] The breath tube 72 is configured to be placed at or in a
user's mouth during breath testing. In some embodiments, the breath
tube removably fixed to the breath interface tube 76 and is
disposable. In some embodiments, the breath tube is made of glass,
as shown for example in FIG. 14, and may be constructed so as to
break in the event that a hole is drilled therein. As such the
glass breath tube is intended to prevent users from "tricking" the
breath testing device by substituting another's breath for the
user's.
[0080] Turning again to FIGS. 6-7, the breath interface tube 76 is
in communication with the breath testing sensor 78, which may be,
for example, a semiconductor or a fuel cell breath analyzer. The
breath testing sensor 78 is configured to receive the user's breath
and calculate substance content data, which may be, for example, a
blood alcohol level, and to transmit the substance content data to
the PCB assembly 80.
[0081] In some embodiments, the breath testing sensor 78 comprises
a sensor capable of detecting the presence of at least one
controlled substance or narcotic. The sensor 78 may utilize, for
example, a chromatography sensors, mass spectroscopy sensors, fiber
optic fluorescent sensors, or surface acoustic wave sensors to
detect the presence of controlled substances or narcotics and their
derivatives, such as, for example: methamphetamines, amphetamines,
barbituates, tetrahydrocannabinol or other cannibanoids,
benzoylmethylecgonine, diacetylmorphine or other opiates/opioids,
lysergic acid diethylamide, psilocin, phencyclidine and the like,
in a user's breath.
[0082] The PCB assembly 80 is configured to receive the substance
content data and generate a breath test signal 11 therefrom. The
PCB assembly 80 is also configured to receive user identification
data generated by the camera 74 and to generate the breath test
signal from the compressed user identification data and the
substance content data. In one embodiment, the PCB is configured to
operate a compression process, such as JPEG compression, for
example, to compress the user identification data.
[0083] A front case 84 and a rear case 86 operate to form a
protective housing for the breath testing device 70, and a grip
portion 85 provides a textured surface to increase friction and
user grip capability. The rear case 86 has a removable sensor cover
92 that is detachable from the rear case 86 to expose the breath
testing sensor 78 and permit changing of the breath testing sensor
(e.g., in the case of a replaceable fuel cell) 78. A power button
89 is in electrical communication with the PCB assembly 80 and
extends beyond the front case 84 so as to be readily accessible to
a user. The power button is operable to switch the breath testing
device 70 between an on-state and an off-state. A battery
compartment 90 operates to house batteries (not shown) that are the
electrical power source for the breath testing device. Preferably,
the breath testing device will require two AA batteries as an
electrical power source.
[0084] A status indicator light 82, such as an LED, for example is
provided in electrical communication with the PCB assembly 80,
which indicates a status of the breath testing device. The status
indicator light 82 may, for example, indicate that a breath test
and/or user identification is occurring, or that a generated breath
test signal indicates a substance content greater than a
predetermined threshold, or that a generated content signal 11
indicates a user identification data does not match with a
reference user identification data, or that transmission of the
generated content signal 11 is occurring, has been successful, or
has failed, or that the batteries are running low on power.
Corresponding audio signals, such as various types of beeps may be
employed as well.
[0085] Additionally, a device leveling module (not shown) may be
provided. The device leveling module preferably comprises at least
one accelerometer in connection with the PBC 80. The device
leveling module may operate to detect whether the testing device
remains in an optimal orientation during the testing phase. For
example, best image quality generally occurs when the camera
remains horizontal and un-rotated during a photo. The device
leveling module may indicate to the user, through a GUI, LED, sound
or other such interface, that the device is at a proper orientation
for identity verification.
[0086] Turning now to FIG. 14, in some embodiments, the breath tube
72 may comprise a flange 73 configured to verify that the breath
test tube 72 is properly inserted into the breath testing device
70. The flange may be substantially clear or otherwise
imperceptible. However, the flange may become perceptible during a
breath test, and specifically during user identification with the
camera such that the flange creates a colored image in the
resultant photograph or video capture that is only present when the
breath test tube is properly inserted into the breath testing
device. Preferably, the colored image comprises a blue ring
adjacent the proximal end of the mouthpiece and distal to the user
while in use. Moreover, the breath testing device may further
comprise an actuator, such as an LED, that is active during the
breath test to cause the flange to become perceptible if it is not
already.
[0087] Additionally, the breath testing device may utilize software
algorithms analyzing pressure and temperature sensor data to ensure
that the breath being analyzed is that of a person. Accordingly,
the breath testing device may comprise one or more pressure gauges
(not shown) and/or temperature sensors (not shown) at various
points in the breath tube 72, breath interface tube 76, and the
breath testing sensor 78 areas. The pressure and temperature data
is transmitted to the monitoring station with the associated report
(or as part of the report). The data is examined by the software
algorithms to determine whether the breath test was compromised.
The tests that are not consistent with human breath, or the breath
signature of the registered user, are flagged. Preferably, those
flagged tests are then confirmed by the human supervisory monitor,
be it an employee of the monitoring station, a sobriety coach, a
parent or family member, or the like. FIG. 16 for example,
illustrates a hypothetical scenario involving breath tests from the
intended user (within an accepted variance) and breath tests that
would be flagged as abnormal. In the illustrated hypothetical, the
flagged breath tests include breath tests generated by a canned air
source, which--contrary to a normal human breath test that starts
colder and raises in temperature--typically gets colder as the blow
continues for the extended period of the breath test.
[0088] As is illustrated in FIG. 5, the breath testing device 50
may be connected to a mobile wireless or cellular transmitter or
transceiver device 52, which may be connected to the breath testing
device 50 either directly, such as by an electrical connection, or
wirelessly, to receive the breath test signal 11 comprising breath
test data and photograph, movie, or other user identification data,
as well as any GPS location data 54.
[0089] In some embodiments, the breath testing device can also be
usable in combination with an iPod, iPhone, or other wireless or
cellular device such as a BlackBerry, or any other computing
device, for example, which can serve as a wireless or cellular
transmitter or transceiver device 52, as discussed herein. The
wireless or cellular transmitter or transceiver device 52 is
preferably configured to be connected to the breath testing device
50 either directly, such as by an electrical connection, or
wirelessly, such as via a Bluetooth connection, for example, to
receive the breath test signal 11 and user identification data from
the breath device.
[0090] In some embodiments, the wireless or cellular transmitter or
transceiver device may also configured to transmit the breath test
signal 11 for each testing session over a wireless or cellular
network to a wireless or cellular receiver monitoring station 56
configured to receive the breath test signal 11, and to indicate an
alarm condition or alert the supervisory monitor if a breath test
signal is not received from the wireless or cellular transceiver
device within a desired timeframe or schedule, indicating that the
wireless or cellular transmitter or transceiver device is off, or
if the content signal is greater than a predetermined threshold, as
discussed above.
[0091] A GPS device 310, shown in FIG. 11, may generate a location
data that is preferably incorporated into the content signal 11 and
transmitted therewith. The wireless or cellular transmitter or
transceiver device 52 can in turn transmit the content signal,
comprising at least one of: the content signal, the content data,
user identification data, and location data, over a wireless or
cellular network to a wireless or cellular receiving station 56,
where they may be stored, for example, as in a database at a
monitoring station or in a text or e-mail message. Thus, the
location of the user when the test is submitted may be identified
and logged.
[0092] Alternatively, the content signal 11 comprising at least one
of: content data, user identification data, and location data, can
be sent directly from one mobile wireless or cellular transmitter
or transceiver device to another mobile wireless or cellular
transmitter or transceiver device 58, without storing one or more
of the content data, user identification data, or location
data.
[0093] The wireless or cellular receiver monitoring station 56 can
be configured to receive the content signal comprising at least one
of: content data, user identification data, and location data, and
to indicate an alarm condition or alert a supervisory monitor 60
either directly or via a network 62. A cellular module can
alternatively be provided inside the breath testing device 50 to
transmit the breath test signal 11 directly through WiFi, cell
towers, Multimedia Messaging Service (MMS), or through a network 62
such as the Internet, or a mobile wireless network, such as those
that do not rely on fixed infrastructure, for example. Transmission
may be directly to the supervisory monitor 60 or indirectly through
the receiving station 14. Thus, in some embodiments, the receiving
station comprises the supervisory monitor.
[0094] Turning now to FIG. 9, in some embodiments, a mobile
breath-testing module 210 and user identification device 220 may
also be included in a vehicle ignition interlock signal generating
system 200. The output of the breath test module 210 and the user
identification module 220 may be provided to a breath test signal
module 230, which then may provide a signal to enable/disable a car
ignition lock 240 based on the data received in accordance with the
algorithms described above. The enable/disable signal may be
provided to the car ignition lock 240 either wirelessly, e.g., via
Bluetooth connection, or a wired connection. In addition, an
on-call supervisory person 250 may be alerted, and a receiving
station 260, which may be a website and/or monitoring station may
also receive the enable/disable signal as well as the content
signal 11 described above.
[0095] A preferred embodiment will now be described with reference
to FIG. 10.
[0096] A hand-held breath testing unit 300 comprises a user
identification module 320, a breath analysis module 340, a control
module (CPU) 360, and a first personal area network (PAN) module
380.
[0097] The breath analysis module 340 receives the breath of a user
and generates a substance content data 440 therefrom that is sent
to the CPU 360. The substance content data indicates the presence
of various substances in the breath of a user. For example, the
substance content data may indicate the presence of a substance
above a certain predefined threshold or it may indicate a
percentage or other identifier. While the substance data preferably
indicates alcohol content, the substance data may also indicate the
presence of narcotics, radiation, viral or bacterial infection,
cancer or any other chemical or biological substance.
[0098] The breath analysis module 340 may comprise a substance
sensor 342, an air sampling system 344, a pressure sensor 346, and
a temperature sensor 348.
[0099] The air sampling system may be a NHTSA approved PAS Systems
air sampling system. In any case, the air sampling system is
operable to take a consistent and repeatable breath sample after a
volume of air has passed through. The air sampling system enables
the breath analysis module to measure the substance content of deep
lung air by enabling fine measurement of the volume of air in the
blow before a sample is taken. The pressure sensor detects the
prescribed minimum pressure of a blow and enables the air sampling
system to sample the breath after a set time at or after a
prescribed pressure is reached, enabling deep lung air to be
sampled by the substance sensor. This prescribed pressure may be
settable and is preferably set at a minimum volume of approximately
0.6 L. Additionally, the pressure sensor and air sampling system
may provide a running estimate of total air volume blown and the
air may be sampled after a prescribed minimum volume has been
reached. This prescribed volume is preferably set at approximately
1.2 L. This minimum volume may be altered to fit to an individual
user's lung capacity.
[0100] The substance sensor 342 may be a precision fuel-cell
alcohol sensor that converts alcohol in a user's breath to an
electrical signal that is measured and used to compute the amount
of alcohol in the user's blood. Alternatively, the substance sensor
may be a semiconductor alcohol sensor. The substance sensor
analyzes the breath of a user and generates the substance content
data therefrom. The substance content data is then transferred to
CPU. Calibration of the fuel cell sensor may be performed using
either a wet or dry gas simulator with a calibrated solvent
accurate to within +/-3% of the stated value. In some embodiments,
a calibration point may be a BrAC level of 0.02.
[0101] The substance sensor 342 may also be a chromatography/mass
spectroscopy sensor that converts narcotics, such as
methamphetamines, present in the user's breath into an electrical
signal that is measured and used to compute the amount of narcotic
in the user's blood. Alternatively, the substance sensor 342 may be
a fiber optic fluorescent sensor, or surface acoustic wave sensor.
These sensors may be calibrated to detect the presence of
controlled substances or narcotics and their derivatives or
metabolites, such as: methamphetamines, amphetamines, barbituates,
tetrahydrocannabinol or other cannibanoids, benzoylmethylecgonine,
diacetylmorphine or other opiates/opioids, lysergic acid
diethylamide, psilocin, phencyclidine and the like, in a user's
breath. The substance sensor analyzes the breath of a user and
generates the substance content data therefrom. The substance
content data is then transferred to CPU.
[0102] In some embodiments the sensor 342 may comprise a mass
spectroscopy sensor, such as described in US2007/0062255;
US2005/0065446; Berchtold, et al., International Journal of Mass
Spectrometry 299 (2011) 145-150; and Karolinska Institutet (2010,
May 19), New technique enables drugs tests via exhaled breath,
ScienceDaily, Retrieved Dec. 19, 2011, from
http://www.sciencedaily.com/releases/2010/05/100519081438.htm, the
contents and disclosures of which are herein incorporated by
reference.
[0103] As shown in FIG. 12 the sensor 342 may comprise a gas
chromatography module 342a and a mass spectrometer module 342b. The
user's breath may pass from the air sampling system 344 to the gas
chromatography module 342a. The air sampling system may be operable
to take a consistent and repeatable breath sample after a volume of
air has passed through. The gas chromatography module may retain
the molecules present in the user's breath and may release the
molecules according to each molecule's retention time. The
molecules may travel to the mass spectrometer module 342b. In some
embodiments, the gas chromatography module 342a may comprise an
inert gas injector (not shown) which may cause the released
molecules to be transferred to the mass spectrometer 342b at a
substantially uniform rate. The mass spectrometer module 342b may
ionize the released molecules and break them into fragments that
are detected according to their mass-to-charge ratio. This
detection may comprise converting the molecules into an electrical
charge. The detected mass-to-charge ratios may then be compared
against those of substance molecules according to their known
retention times. Thus, the presence of certain narcotics in the
user's breath may be detected. Preferably, the sensor 342 may be
adjustable to detect a particular narcotic or group of narcotics by
limiting analysis to those molecules whose retention times match
the substance(s) selected for testing.
[0104] Returning to FIG. 10, the user identification module 320
identifies the user of the breath testing unit. Identification may
be by biometrics, photograph, video, or any other user identifying
module now known or hereafter discovered. The user identification
module operates to generate user identification data 420 for
verifying the user of the breath testing unit. The user
identification module may comprise a camera 322 equipped with an
LED light 324 that provides a flash for the camera. The LED is
preferably an infrared LED creating an infrared flash so as to
ensure positive identification of the user in even the darkest of
surroundings. The infrared flash allows the resultant image to be
of black and white quality in dim or dark lighting and in full
color with more lighting. The infrared flash also uses less power
and has a faster trigger time than an incandescent flash. The user
identification data 420 may be a jpeg photograph. Immediately after
the air sample is taken, the camera takes a picture of the user to
signal the end of the breath testing session.
[0105] The CPU 360 controls the functionality of the component
parts of the breath testing unit and stores computer readable
instructions thereon whose execution enables the breath testing
unit to function. The CPU receives the user identification data and
substance content data from the user identification 320 and breath
analysis 340 modules, respectively, and generates the breath test
signal 400 therefrom.
[0106] The first PAN module 380 is in electrical communication with
the CPU 360 and receives the breath test signal 400 therefrom. The
first PAN 380 module may be a Bluetooth module with an embedded
transceiver operable to wirelessly transmit the breath test
signal.
[0107] An intermediary device 500 such as a smart cellular phone,
PDA, tablet, laptop, or other mobile or personal computing device
having internet, wireless and/or PAN capabilities, is in
communication with the testing unit. The intermediary device may
comprise a second PAN module 520 creating a wireless PAN
communication between the second PAN module of the intermediary
device and the first PAN module of the breath testing unit. In some
embodiments, the first PAN module may be a slave and the second PAN
module a master. In other embodiments, the first PAN module may be
a master and the second PAN module a slave.
[0108] Communication between the first and second PANs may be
secured by data encryption techniques now known or hereafter
devised. For example, data may be encrypted by means of a random
security PIN.
[0109] The intermediary device 500 preferably receives the breath
test signal 400 from the breath testing unit, via communication
between the first and second PAN modules, and wirelessly transmits
the breath test signal to a monitoring station 600. Transmission to
the monitoring station 600 may be accomplished either directly
through WiFi, cell towers, or though a network such as the
Internet, or a mobile wireless network.
[0110] The intermediary device 500 preferably comprises a general
purpose smart phone equipped with a software application enabling
the intermediary device to receive and transmit the breath testing
signal. But, the intermediary device may also comprise a similarly
equipped PDA, tablet, laptop or other mobile or personal computing
device. The software application may cause the intermediary device
to display a reminder at a predetermined time, the reminder
reminding the user that a breath testing session is due.
Additionally, the software application may cause users to receive
electronic reminders via SMS, email, or bi-directional
communication with the breath testing unit. Additionally, the
software application may enable the intermediary device to receive
breath test requests from the monitoring station. Such requests may
be remotely or directly transmitted to the intermediary device.
[0111] In some embodiments, the software application enables the
intermediary device to function as a identity verification module.
For example, the software application may enable the intermediary
device to take a rental or thumb print scan of the user as part of
the user identification process. In some embodiments, this identity
verification comprises photographic verification and may replace or
supplement the user identification module 320. The software
application may further enable the intermediary device to receive
the breath test signal and to generate a modified breath test
signal 400 therefrom, transmitting the modified breath test signal
to the monitoring station 600. The modified breath test signal may
be an encrypted signal. The modified breath test signal may also
comprise identity verification data and/or a time/date stamp data
indicating at least one of a time and date that the breath test
data was transmitted to the monitoring station. Additionally, the
functioning of the software application may be transparent to a
user.
[0112] In at least one embodiment, the identity verification data
may be transmitted to the monitoring station where it may be
compared to a master ID. For example, the identity verification
data may be a photograph and the master ID may be a previously
taken photograph. The monitoring station may use facial recognition
to compare the photograph with the master photograph.
Alternatively, the intermediary device may store the master ID and
may operate to compare the identity verification data with the
master ID. If the identity verification data does not match the
master ID, the modified breath test signal may comprise a "failed"
state and the monitoring station may be notified.
[0113] In some embodiments, one or more of the breath testing unit,
intermediary device, receiving station, and supervisory monitor
identifies, for example, `dirty` reports, missed testing sessions,
failed user identification, or other mishaps in testing which may
be attributable to human error and causes the intermediary device
to display an alert to the user to re-test.
[0114] In some embodiments, the software application causes the
intermediary device 500 to undergo an authentication process.
During the authentication process, the intermediary device may be
paired to the breath testing unit 300 and/or to the monitoring
station 600. The application software may require that a PAN
authentication key, for example the serial number of an associated
breath testing unit or interlock device, be entered into the
intermediary device so as to associate the intermediary device with
the breath testing unit and/or the monitoring station and permit
operation therewith.
[0115] Communication between the intermediary device and the
monitoring station may be secured by data encryption techniques now
known or hereafter devised. For example, data may be encrypted by
means of a random security PIN. Devices that are compromised may be
forced from the monitoring station server and may require
re-activation and authentication. Additionally, reactivation and
authentication may be required to re-link intermediary devices with
breath testing units where the security of communication
therebetween may be compromised.
[0116] After the intermediary device 500 is paired with the breath
testing unit 300, a device status signal including battery level is
sent to the intermediary device. When the intermediary device
receives the status signal indicating a successful authentication,
it may display a prompting screen, prompting the user to blow into
the breath testing unit. Additionally, the breath testing unit may
also prompt the user to blow by flashing the power LED. In some
embodiments, prompting may occur at a predetermined time that is
not directly after authentication but at a predetermined time
stored in a memory of the intermediary device and accessible by the
application software. In such an embodiment, the intermediary
device and the breath testing device and/or monitoring station may
remain in remote connection until a breath test is prompted and
even after one has been completed to enable periodic breath
testing.
[0117] Once the air sample has been captured and the picture taken,
the software application enables the intermediary device 500 to
receive a test completion signal from the breath testing unit and
to display a compiling report screen. The application software
enables the intermediary device to receive the breath test signal
generated by the breath testing unit. If the breath testing signal
indicates an error in the test, then the application software
causes the intermediary device to display the errors. Once the
breath test data is completely received by the intermediary device,
the software application causes the intermediary device to display
a compiling report screen. The software application then causes the
intermediary device to compile the modified breath test signal
based on the breath test signal. The modified breath test signal
may then be sent to the monitoring station 600. Additionally, the
software application causes the intermediary device to transmit an
end process signal to the breath testing unit.
[0118] In some embodiments, the software application may cause the
intermediary device to generate a report that is displayed on the
intermediary device or may be sent to the monitoring station 600.
The report may contain substance content and user identification
data formatted so as to be viewable by a user.
[0119] Additionally, the intermediary device may comprise a memory
(not shown) and the report may be communicated to the memory and
stored. This may occur automatically, for example, if the
connectivity to the monitoring station is compromised, or the
ability of the intermediary device to transmit the report is
otherwise impaired.
[0120] As illustrated in FIG. 13, when multiple reports are
generated during such a period, the memory may store the reports in
a queue. After a report is generated (step 1302), the intermediary
device, or the breath testing device itself as the case may be,
attempts to transmit it to the monitoring station (step 1304) in
accordance with the previously described embodiments. On the
indication of a failed transmission due to, for example, the
connectivity to the monitoring station being compromised, or the
ability of the intermediary device or breath testing device to
transmit the report being otherwise impaired, the report is
communicated to the memory of the intermediary device and/or the
breath testing device and queued therein (step 1306). After a
predetermined period of time has passed, the intermediary device
and/or the breath testing device attempts to again transmit the
queued report(s) to the monitoring station (step 1306). This
process continues until a successful transmission occurs. Thus,
once connectivity is reestablished, the reports may be transmitted
to the monitoring station in the order that they were generated
(step 1308). Accordingly, the intermediary device and/or the breath
testing device preferably comprises a feedback loop for
communicating to the device(s) that the report transmission was
either successful or unsuccessful.
[0121] In at least one embodiment, the queuing feature is able to
be turned on/off remotely from the monitoring station, preferably
by the supervisory monitor. Moreover, where such queuing is
enabled, the monitoring station is operable to reconcile the queued
reports with the report history associated with the user and
generate the aforementioned alerts based on at least the queued
reports, in accordance with the embodiments described herein. These
alerts may comprise a different set of messages displayed on the
device, text messages and/or email messages than the alerts
generated where there has been no queuing. FIGS. 17A-C illustrates
exemplary messages on the device. FIG. 18A is an exemplary text or
e-mail message received by the supervisory monitor in the event the
connectivity between the monitoring station and the device is lost.
Such a message would preferably correspond to a similar message
displayed on the device notifying the user of the inability to
transmit the breath test report, an exemplary message shown for
example in FIG. 17 A.
[0122] For example, if the end-user submits a breath test and the
ensuing report cannot be sent to the monitoring station (e.g.
server supported website portal), the device may display a
self-diagnostic message on an LCD screen 75 of the device (shown
for example in FIG. 14), notifying the end-user of the report
status and the action to take. FIG. 17A, for example illustrates a
message notifying the user that the device is unable to transmit
the breath test report and instructs the user to relocate to a
place with better network coverage. FIG. 17 B, for example,
illustrates a message notifying the user that the breath test has
failed and a confirmatory re-test will be required within a
specified time period. FIG. 17C, for example, illustrates a message
notifying the user of current and prior test report status.
[0123] FIG. 18B, for example, illustrates an exemplary message
notifying the supervisory monitor that the device has regained
connectivity and the report history has been updated. The message
may also include the results of the queued reports, as shown.
[0124] If a scheduled test is not received at the end of a given
testing window and the device is unreachable, the monitoring
station may mark the scheduled test as "pending." FIG. 15
illustrates an exemplary monitoring station 1000 in the form of a
server supported web portal accessible via computer or other
network connected device 1500. The web portal includes user
identification data 1200, preferably comprising a reference image
of the user 1220. The web portal also preferably comprises a report
history or log 1400, listing a predetermined number of reports or
summaries thereof. In the case where the report history 1400 lists
report summaries, the full reports may be accessible via one or
more links on the web portal, preferably the text of the report
summary itself. In accordance with the embodiments discussed
herein, the report history 1420 also may include a `test status`
field, the entry therein indicating whether a scheduled test is
"pending," "missed," "positive," or "completed," as discussed
further herein.
[0125] FIG. 18C illustrates another exemplary web portal for use as
described herein, showing a report history 1420 and user
identification data 1200. In some embodiments, the user
identification data may include an image generated in conjunction
with the report (i.e. a report image 1222), to be compared with the
reference image, as described herein. Moreover, the report and/or
report history preferably reconciles the time the breath test was
taken with the aforementioned breath testing schedule. This may
occur via the breath test report history 1420.
[0126] If two consecutive scheduled tests are identified as
"pending," one or more of the monitoring station, supervisory
monitor and/or the device may generate and issue one or more
alerts. However, once the queued reports are successfully received
by the monitoring station, the testing history may be reconciled
with the information received from the device, at which time the
"pending" statuses will be updated to either "Missed", "Positive",
or "Completed" as the case may be. The end-user may receive a
notification (e.g. via text message on their personal cell phone)
of the status of their report(s) and the action to take, if action
is required (i.e. retesting upon a positive BrAC test result).
Additionally, an alert may be generated indicating that the
end-user's device has regained connectivity and/or including a
summary of the reconciled activity.
[0127] In at least one embodiment, each time one device is waiting
for another to send a message, a timer is run and if the message
does not arrive within a preset time, the test will be cancelled
and the breath testing unit will shut down.
[0128] Returning now to FIG. 10, the monitoring station 600 may be
in wireless communication with the intermediary device 500 and may
receive the breath test signal and/or the breath test report 400.
In some embodiments, the monitoring station 600 receives the breath
test signal and generates the breath test report. Preferably, the
monitoring station comprise at least one of: a website, a cellular
phone, an email account inbox, or a vehicle interlock device 700.
In at least one embodiment, the monitoring station may enable the
breath test signal and/or the breath test report to be accessible
by a probation officer, a sobriety coach, or a family member. In
some embodiments, this may comprise an email, phone call, website
notification, text message or MSM alert indicating failure of the
breath test by the user or indicating that a review of user
activity is required. In some embodiments this may comprise storing
the breath test signal or report in a memory to be accessed at a
later time. This report storing may be in the form of a queue. In
some embodiments, the software application enables the intermediary
device to, on selection by the user, to selectively transmit the
breath test signal and/or report to one or more of the monitoring
stations.
[0129] In at least one preferred embodiment, the monitoring station
600 comprises a vehicle interlock 700 having a digital processor
720, a non-volatile memory 740, an engine interface 760, an alarm
interface 780, and a PAN module 790 coupled to the intermediary
device 500. As described above, the intermediary device may
transmit the breath test signal to the vehicle interlock device via
the PAN network, or any other means of communication now known or
hereafter developed. On receipt of a breath test signal having a
substance content data exceeding certain threshold, the digital
processor 720 may cause the engine interface to disable the
associated vehicle engine. The digital processor 720 may also cause
the breath test signal and/or report to be stored within the
non-volatile memory 740, accessible by authorized persons, for
example police officers, probation officers, court officials,
family members and sobriety coaches. In some embodiments, the
vehicle interlock 700 may function as an additional intermediary
device and transmit the breath test signal to other monitoring
stations by similar means as those described above with reference
to the intermediary device.
[0130] In at least one preferred embodiment, the monitoring station
600 comprises the mobile device of a parent, guardian, family
member or sober coach. In such an embodiment, the mobile device of
the family member or sober coach comprises an auxiliary software
application. The auxiliary software application may enable
functionality similar to the intermediary device, in part or in
whole, such functionality described above. In this manner, on the
spot breath testing may be conducted without the need to locate the
user's mobile Additionally, the auxiliary software may enable the
monitoring station to transmit a breath test request signal to the
intermediary device, as described above. For example, a parent of a
teenage user may send the request to the cell phone of the teenage
user and request a breath test to be completed by a designated
time. On receipt of the request, the cell phone of the teenage user
would notify the teenage user that a breath test is due before the
designated time. The breath test signal and/or report would then be
sent to the parent cell phone. In some embodiments, the auxiliary
software enables the monitoring station to transmit the breath test
signal and/or other control commands to other monitoring stations.
For example, on receipt of a breath test signal having an undesired
substance content data, the parent may, from his cell phone, send
the breath test signal or other control signal to the interlock
device, thereby shutting down the teenager's use of the
vehicle.
[0131] Referring now to FIG. 11, the breath testing unit 300 may
comprise an internal cell module 500 in exchange for the
intermediary device, the breath testing unit here being a
stand-alone unit. Those of skill in the art will appreciate that
the features associated with the afore described intermediary
device are equally applicable to embodiments utilizing the internal
cell module.
[0132] The breath testing unit may comprise, the user
identification module 320, the breath analysis module 340, the
control module (CPU) 360, the cellular module 500 and a GPS module
310.
[0133] The cellular module 500 may comprise a transceiver operable
to transmit the breath test data to the monitoring station 600. The
GPS module 310 may enable the tracking of the breath testing unit
by the generation of location data. The breath test signal may be
generated, at least in part, by the location data.
[0134] The breath testing unit 300 may also comprise a PAN module
380, enabling the breath testing unit to be in PAN communication
with the monitoring station 600, for example the vehicle interlock
700.
[0135] Communication between the PAN and the monitoring station may
be secured by data encryption techniques now known or hereafter
devised. For example, data may be encrypted by means of a random
security PIN. Devices that are compromised may be forced from the
monitoring station server and may require re-activation and
authentication.
[0136] The breath testing unit may also comprise a graphical user
interface 330 (GUI). The GUI may permit the user to interactively
control the breath testing process, calibrate the breath testing
unit, schedule breath test times, retrieve past breath test
reports, and/or access other information stored in the breath
testing unit.
[0137] The GUI may be configured to display a reminder at a
predetermined time, the reminder reminding the user that a breath
testing session is due. Additionally, the breath testing unit may
cause users to receive electronic reminders via SMS, email, or
bi-directional communication between the breath testing unit and
receiving station. Additionally, the breath testing unit may enable
the user to receive breath test requests from the monitoring
station. Such requests may be remotely or directly transmitted to
the breath testing unit. Such requests may also be randomly timed
(e.g. generated via a random number generator or initiated by a
human monitor, such as a parent or sobriety coach, without the user
being aware of the request before the request is received by the
breath testing unit.
[0138] The breath testing unit may also comprise an audio means,
such as a speaker, for generating an audio reminder that a breath
testing session is due. The tone and/or duration of the audio alert
may indicate the urgency of the required breath testing session.
For example, three beeps may indicate a session is required
immediately, while one been may indicate a session will be due
shortly. The audio means may also be configured to generate a
vibration reminder according to methods known in the art.
[0139] Turning now to FIG. 10, the breath testing unit 300 may be
in communication with an intermediary device 500, such as a
cellular phone, PDA, tablet, laptop, or other mobile or personal
computing device having internet, wireless and/or PAN capabilities,
via a wired connection, such wired connections utilizing serial bus
interface standards. Accordingly, the breath testing unit 300 may
comprise a serial bus port (not shown) configured to accept a
data-transfer wire, such as a USB cable, a Fire Wire cable, or the
like.
[0140] The intermediary device 500 preferably receives the breath
test signal 400 from the breath testing unit 300 and wirelessly
transmits the breath test signal to a monitoring station 600.
Transmission to the monitoring station 600 may be accomplished
either directly through WiFi, cell towers, or through a network
such as the Internet, or a mobile wireless network.
[0141] The embodiments described in detail above are considered
novel over the prior art of record and are considered critical to
the operation of at least one aspect of the apparatus and its
method of use and to the achievement of the above described
objectives. The words used in this specification to describe the
instant embodiments are to be understood not only in the sense of
their commonly defined meanings, but to include by special
definition in this specification: structure, material or acts
beyond the scope of the commonly defined meanings. Thus if an
element can be understood in the context of this specification as
including more than one meaning, then its use must be understood as
being generic to all possible meanings supported by the
specification and by the word or words describing the element.
[0142] The definitions of the words or drawing elements described
herein are meant to include not only the combination of elements
which are literally set forth, but all equivalent structure,
material or acts for performing substantially the same function in
substantially the same way to obtain substantially the same result.
In this sense it is therefore contemplated that an equivalent
substitution of two or more elements may be made for any one of the
elements described and its various embodiments or that a single
element may be substituted for two or more elements.
[0143] Changes from the claimed subject matter as viewed by a
person with ordinary skill in the art, now known or later devised,
are expressly contemplated as being equivalents within the scope
intended and its various embodiments. Therefore, obvious
substitutions now or later known to one with ordinary skill in the
art are defined to be within the scope of the defined elements.
This disclosure is thus meant to be understood to include what is
specifically illustrated and described above, what is conceptually
equivalent, what can be obviously substituted, and also what
incorporates the essential ideas.
[0144] The scope of this description is to be interpreted only in
conjunction with the appended claims and it is made clear, here,
that each named inventor believes that the claimed subject matter
is what is intended to be patented.
* * * * *
References