I used to be a patent examiner and provisional applications were filed to secure a “prior art date” before everything is finalized, and when I was there had to be followed up within a year with a regular application and only the processes described in the provisional get the provisional date.
You could file a new application in addition to older ones to add processes but the new added stuff gets the new filing date while the already described stuff gets the older date.
And it regularly took 2-3 years for an application to become a patent, and that was a relatively quick one without much back and forth, our backlog to even first look at an application was 18months. I was working on applications that had been ongoing for 5+ years after first being picked up by an examiner. It’s not important when the application became a patent, it’s important when it was filed and what it contained.
I haven’t looked at the specifics in this case (I really don’t miss being an examiner), but patent filing date and prior art dates are complicated and of course apple is going to try and make it sound like they didn’t infringe and masimo is going to try to make it sound like they did. Apple playing games with wording and product release dates is not really relevant. If apple developed the technology they can show their notes and get a prior art date before the masimo provisional application, because it didn’t just show up in their watch the day it was released.
Congratulations that’s awesome, I’m sober myself (just over 18 months) and it took me a lot of tries and many years to stop drinking so I can relate to that.
The one thing I would really caution people about is quitting cold turkey - alcohol withdrawal can be fatal. It’s also miserable even when done with medical help, I’ve done medical detox in the hospital and at rehab more times than I care to remember and each time serves as a huge reminder of what awaits me if I start drinking again. So please if anyone is considering stopping drinking and is drinking a lot, talk to a doctor about it and be honest. Seizures and strokes and DTs are not fun and can kill you.
That all said I also struggle with weight, and a few times after I stopped drinking I ate more and gained weight and it contributed to going back to drinking. This time I’ve been very conscious about calories in vs calories out because that has been something that works for me. Food scale and honesty tracking everything I eat and all my exercise.
And again, awesome job on 5 years, I love coming across sobriety out in the wild.