Exhibit 1003
`
`US006064970Cl
`
`(12) EX PARTE REEXAMINATION CERTIFICATE (87 89th)
`United States Patent
`McMillan et al.
`
`(10) Number:
`US 6,064,970 C1
`(45) Certificate Issued:
`*Jan. 10, 2012
`
`(54) MOTOR VEHICLE MONITORING SYSTEM
`FOR DETERNIININGA COST OF
`INSURANCE
`
`(75)
`
`Inventors: Robert John McMillan, Tampa, FL
`(US); Alexander Dean Craig, Moreland
`Hills, OH (US); John Patrick Heinen,
`Tampa, FL (US)
`
`(73) Assignee: Progressive Casualty Insurance
`Company, Mayfield Village, OH (US)
`
`Reexamination Request:
`No. 90/011,252, Sep. 22, 2010
`
`Reexamination Certificate for:
`Patent No.:
`6,064,970
`Issued:
`May 16, 2000
`Appl. No.:
`09/135,034
`Filed:
`Aug. 17, 1998
`
`(*) Notice:
`
`This patent is subject to a terminal dis-
`claimer.
`
`Related U.S. Application Data
`
`(63) Continuation ofapplication No. 08/592,958, filed on Jan. 29,
`1996, now Pat. No. 5,797,134.
`
`(51)
`
`Int. Cl.
`G06Q 40/00
`
`(2006.01)
`
`(52) U.S. Cl.
`
`..................... .. 705/4; 340/439; 340/870.01;
`360/5; 702/1; 705/400
`(58) Field of Classification Search ...................... .. None
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`To View the complete listing of prior art documents cited
`during the proceeding for Reexamination Control Number
`90/011,252, please refer to the USPTO’s public Patent
`Application Information Retrieval (PAIR) system under the
`Display References tab.
`
`Primary Examiner—Karin Reichle
`
`(57)
`
`ABSTRACT
`
`A method and system of determining a cost of automobile
`insurance based upon monitoring, recording and communi-
`cating data representative of operator and vehicle driving
`characteristics. The cost is adjustable retrospectively and can
`be prospectively set by relating the driving characteristics to
`predetermined safety standards. The method comprises steps
`ofmonitoring a plurality of raw data elements representative
`of an operating state of the vehicle or an action of the opera-
`tor. Selected ones of the raw data elements are recorded
`when the ones are determined to have an identified relation-
`ship to safety standards. The selected ones are consolidated
`for processing against an insurer profile and for identifying a
`surcharge or discount to be applied to a base cost of automo-
`bile insurance. A final cost is produced from the base costs
`and the surcharges or discounts.
`
`-202
`
`ACQUIRE
`RECORD FILE
`VEHICLE
`208
`
`TMGGER EVENT
`RESPONSE FILE
`
`ACQUIRE TRIGGER
`EVENT RESPON SE
`FILE
`
`
`
`
`
`
`
` CONSOLIDATE
`FILES
`ACQUIRED
`
`ZI2
`
`
`
`PROCESS FILE
`AGAINST INSURED
`
`PROF ILE
`
`
`
`PROCESS FILE
`
`AGAINST SURCHARGE
`ALGORITHM FILE
`
`
`
`
`
`
`AGGOLINT
`STATEMENTS
`
`
`PRODUCE PERIODIG
`BILLS TO BE MAILED YD
`INSURED
`
`Liberty Mutual
`
`Exhibit 1003
`
`Page 000001
`
`

`
`US 6,064,970 Cl
`
`1
`EX PARTE
`REEXAMINATION CERTIFICATE
`ISSUED UNDER 35 U.S.C. 307
`THE PATENT IS HEREBY AMENDED AS
`INDICATED BELOW.
`
`Matter enclosed in heavy brackets [ ] appeared in the
`patent, but has been deleted and is no longer a part of the
`patent; matter printed in italics indicates additions made
`to the patent.
`
`AS A RESULT OF REEXAMINATION, IT HAS Bi
`DETERMINED THAT:
`
`-N
`
`Claim 2 is cancelled.
`
`Claims 1, and 3-6 are determined to be patentable as
`amended.
`
`5
`
`10
`
`15
`
`20
`
`Claims 7-15, dependent on an amended claim, are deter-
`mined to be patentable.
`
`New claims 16-18 are added and determined to be patent-
`able.
`
`25
`
`1. A method of generating a database comprising data
`elements representative of operator or vehicle driving char-
`acteristics, the method comprising:
`generating acturial classes of insurance, which group
`operators or vehicles having a similar risk
`characteristic, from actual monitored driving charac-
`teristics during a selected time period as represented by
`recorded data elements representative of an operating
`state ofthe vehicles or an action ofthe operators; and
`monitoring a plurality of the data elements representative
`of an operating state of a vehicle or an action of [the] an
`operator during a latter selected time period; and,
`recording selected ones of the plurality of data elements
`into the database when said ones are determined to be
`appropriate for recording relative to determining a cost
`of insurance for the vehicle during the latter selected
`time period, said ones including, a time and location of
`vehicle operation and a corresponding log of vehicle
`speed for the time and location.
`3. The [database] method as defined in claim [2] I wherein
`the data elements comprise raw data elements, derived data
`elements and calculated data elements.
`4. A method of insuring a vehicle operator for a selected
`period based upon operator driving characteristics during the
`period, comprising, steps of:
`generating an initial operator profile;
`generating an insured profile for the vehicle operator
`prior to any monitoring ofany ofthe vehicle operator’s
`driving characteristics wherein the insuredprofile com-
`prises coverage information,
`including limits and
`deductibles, for determining a base cost of vehicle
`insurancefor the vehicle operator;
`monitoring [operator] the vehicle operator's driving char-
`acteristics during the selected period; and deciding a
`total cost of vehicle insurance for the selected period
`based upon the [operating] vehicle operator's driving
`characteristics monitored in that selected period and the
`base cost of insurance.
`5. A method of determining a cost of vehicle insurance for
`a selected period based upon monitoring, recording and
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`communicating data representative of operator and vehicle
`driving characteristics during said period, whereby the cost
`is adjustable by relating the driving characteristics to prede-
`termined safety standards that are related to a safe operation
`ofa vehicle, the method comprising:
`determining an initial insured profile for the operator of
`the vehicle prior to any monitoring of any data ele-
`ments representative ofan operating state ofthe vehicle
`or an action of the operator of the vehicle and deter-
`mining a base cost of the vehicle insurance based on
`said initial insured profile wherein the initial insured
`profile comprises coverage information, including lim-
`its and deductibles;
`monitoring a plurality of the data elements representative
`of [an] the operating state of [a] the vehicle or [an] the
`action of the operator ofthe vehicle during the selected
`period;
`recording selected ones of the plurality of data elements
`when said ones are determined to have a preselected
`relationship to the safety standards;
`consolidating said selected ones for identifying a sur-
`charge or discount to be applied to the base cost; and,
`producing a final cost of vehicle insurance for the selected
`period from the base cost and the surcharge or discount.
`6. A method of monitoring a human operator controlled
`power source driven vehicle, the method comprising:
`extracting one or more data elements by a computer pro-
`grammed to monitor sensor data from at least one sen-
`sor wherein the one or more elements are actual driving
`characteristics of at least one operating state of the and
`[the] at least one [human’s] human operator's actions
`during a data collection period;
`analyzing, grouping, and storing the one or more data
`elements as group data values in a first memory related
`to a predetermined group of elements; and,
`correlating the group data values to preset values in a
`second memory and generating an output data value
`based on the correlation wherein the output data value
`is used to compute an insurance rating for the vehicle
`[FOR the data collection period]for the data collection
`period that is based on an actuarial class of insurance
`which groups other human operator controlled power
`source driven vehicles having a similar operator or
`vehicle risk characteristic and which also represents
`the actual driving characteristics of the vehicle moni-
`tored and recordedfrom the at least one sensor.
`16. The method ofclaim 5, wherein the surcharge or dis-
`count comprises a discount, and wherein producing thefinal
`cost ofvehicle insurance comprises applying the discount to
`the base cost ofvehicle insurance.
`I 7. The method ofclaim 5, wherein the surcharge or dis-
`count comprises a surcharge, and wherein producing the
`final cost of vehicle insurance comprises applying the sur-
`charge to the base cost ofvehicle insurance.
`18. A method ofmonitoring a human operator controlled
`power source driven vehicle, the method comprising:
`extracting one or more data elements by an on—board
`computerfrom at least one sensor wherein the one or
`more elements are actual driving characteristics of at
`least one operating state ofthe vehicle and at least one
`human operator's actions during a data collection
`period;
`analyzing, grouping, and storing the one or more data
`elements as group data values in afirst memory related
`to a predetermined group ofelements;
`
`Page 000002
`
`

`
`US 6,064,970 C1
`
`3
`correlating the group data values to preset values related
`30 Safety Smndards i” a Second memory and generazlng
`an Output dam Value based 0" the C0rrel‘1ti0"i and
`computing an insurance rating based upon the Output
`data valuefor the vehiclefor the data collection period,
`in which the insurance rating is also based on an actu-
`arial class ofinsurance wherein said actuarial class of
`insurance groups other human operator controlled
`power source driven vehicles having a similar operator
`
`5
`
`4
`or vehicle risk characteristic as well as represents the
`actual driving characteristics ofthe vehicle monitored
`and recordedfrom the at least one sensor, and setting
`prospective insurance premiums based on the actuarial
`class ofinsurance.
`
`Page 000003
`
`

`
`I hereby certify that this correspondence is being electronically
`transmitted to the United States Patent and Trademark Office,
`Commissioner for Patents, via the EFS pursuant to 37 CFR § 1.8.
`
`/James A. Collins/
`
`James A. Collins, Reg. No. 43,557
`
`November 16, 2011
`Date of Signature & Date of Transmission
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`CENTRAL REEXAMINATION UNIT
`
`EX PARTE REEXAM
`
`Ex parte Reexamination of U.S. Patent
`6,064,970
`
`Robert J. McMillan, et al.
`
`Control No. 90/011,252
`
`Filing Date: August 17, 1998
`
`For: MOTOR VEHICLE MONITORING SYSTEM ‘FOR
`DETERMINING A COST OF INSURANCE
`
`MAIL STOP EX PARTE REEXAM
`Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`3
`
`:
`
`Confirmation No. 41 16
`
`Examiner: Karin M. Reichle
`
`Group Art Unit: 3992
`
`Attorney Docket No. 12741-32
`
`INTERVIEW SUMMARY
`
`On November 4, 2011 a telephone interview was held with Examiner Reichle, Supervisor
`
`Ferris, and Examiner Cabrera and Patent Owner’s representatives Raymond Ling, Joseph
`
`Hanasz, and James Collins.
`
`Knowledge of insurance practices and insurance policies and potential amendments to the
`
`claims outlined in the Brief Outline for Interview (submitted for discussion purposes) were
`
`Reexamination Control No. 90/011,252
`U.S. Patent6,064,970
`
`Atty. Dkt. NO. 12741-32
`Page 1 of 2
`
`Page 000004
`
`

`
`discussed. Also, the term “insurance actuarial class” was discussed with respect to claims 1, 6,
`
`and 70.
`
`On November 8, 2011, the interview was reconvened. The Patent Owner adopted the
`
`amendments proposed by the examiners during that call. Patent Owner’s representatives
`
`appreciate the examiners’ consideration.
`
`BRINKS HOFER GILSON & LIONE
`312-321-4200
`
`Respectfully submitted,
`
`/James A. Collins/
`James A. Collins
`
`Registration No. 43,557
`Attorney for Patentee
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 2 of 2
`
`Page 000005
`
`

`
`CERTIFICATE OF EFS FILING UNDER 37 CFR §1.8
`I hereby certify that this correspondence is being electronically transmitted to the United States Patent and Trademark
`Office, Commissioner for Patents, via the EFS pursuant to 37 CFR §1.8 on the below date:
`
`Signature: Llames A. Collinsl
`
`Date: November 16 2011
`
`Name: James A. Collins
`
`B RI N K S
`H 0 F E R
`
`GILSON
`
`&L|0NE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Ex parte Reexamination of U.S. Patent 6,064,970
`
`Robert J. McMillan, et al.
`
`Patent Filing Date: August 17, 1993
`
`E"a”‘I”e“ Kari” 'V'- Re‘°“'e
`
`Reexamination Filing Date: September 22, 2010
`
`Group Art Unit: 3992
`
`Control No.: 90/011,252
`
`C°“I' N°‘ 4116
`
`For:
`
`MOTOR VEHICLE MONITORING SYSTEM FOR
`DETERMINING A COST OF INSURANCE
`
`A“°"‘°V D°°ket N°‘ 1274"”
`
`CERTIFICATE OF SERVICE
`
`Mail Stop Ex Parte Reexam
`Commissioner for Patents
`PO Box 1450
`
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`I hereby certify that a true copy of the foregoing INTERVIEW SUMMARY, was served this
`November 16, 2011 by First Class United States Mail, postage prepaid, on:
`
`J. Steven Baughman
`Ropes & Gray LLP
`Prudential Tower
`
`800 Boylston Street
`Boston, MA 02199-3600
`
`November 16, 2011
`
`Date
`
`Respectfully submitted,
`
`/James A. Collinsl
`
`James A. Collins (Reg. No. 43,557)
`
`HOFER
`BRINKS
`GILSON
`&LlONE
`
`1
`
`BRINKS HOFER GILSON 8. LIONE
`.
`NBC Tower— Suite 3600, 455 N. Cityfront Plaza Drive, Chicago, IL 60611-5599
`
`Page 000006
`
`

`
`Electronic Acknowledgement Receipt
`
`Application Number:
`
`90011252
`
`International Application Number:
`
`Confirmation Number:
`
`4116
`
`Title of Invention:
`
`MOTOR VEHICLE MONITORING SYSTEM FOR DETERMINING A COST OF
`INSURANCE
`
`Customer Number:
`
`10999
`
`Filer:
`
`James A. Collins/Maggie Pieczonka
`
`Receipt Date:
`
`Filing Date:
`
`16-NOV-2011
`
`22—SEP—201 0
`
`Payment information:
`
`File Listing:
`
`Document
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`2271
`
`Reexam Miscellaneous Incoming Letter
`
`transforintsum.PDF
`
`E916d9c5c89c4d0(b00I2f23aa0e674d82(
`
`Information:
`
`Page 000007
`
`

`
`Applicant summary of interview with
`examiner
`.
`
`intsummary.PDF
`
`51274
`
`2bS0e50fl 090Bba9el4e6c4e6f7b9fe0869c
`0920
`
`Warnings:
`
`Reexam Certificate of Service
`
`certofservice.PDF
`
`d4e70d659e2b3e8l 502eaS24802S63697fd
`8062i
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`Ifa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`Ifa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DOIEOI903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`Ifa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Page 000008
`
`

`
`I hereby certify that this correspondence is being electronically transmitted to the United States Patent and Trademark
`Office, Commissioner for Patents, via the EFS pursuant to 37 CFR §1.8 on the below date:
`
`CERTIFICATE OF EFS FILING UNDER 37 CFR §1.8
`
`Date: November 16 2011
`
`Name: James A. Collins Reg. No.43 557
`
`Signature: Names A.Co||insI
`
`BRINKS
`
`H 0 F E R
`G I L S O N
`
`& L I 0 N E
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Re—Examination of: Robert J. McMillan et al.
`
`Re—Examination Appl. No.: 90/011,252
`
`Filing Date: September 22, 2010
`
`Exammer: Kari” M‘ Reichle
`
`u.s. Patent No.: 6,064,970
`
`G’°”P A” “mt 3992
`
`For:
`
`MOTOR VEHICLE MONITORING SYSTEM FOR
`DETERMINING A COST OF INSURANCE
`
`C°"f- N°‘ 4115
`
`Attorne Docket No.: 12741/32
`
`
`TRANSMITTAL
`
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Attached islare:
`
`Transmittal; Interview Summary; and Certificate of Service.
`IZ
`Fee calculation:
`
`IE
`I:]
`El
`
`No additional fee is required.
`Small Entity.
`An extension fee in an amount of $
`
`for a
`
`- month extension of time under 37 CFR § 1.136(a).
`
`under 37 CFR § 1.17(
`A petition or processing fee in an amount of $
`An additional filing fee has been calculated as shown below:
`
` Claims Remaining
`After Amendment
`
`)
`
`.
`
` First Presentation of Multile Dep. Claim
`
`
`
`Fee payment:
`
`[I
`El
`E
`
`for
`Please charge Deposit Account No. 23-1925 in the amount of $
`Payment by credit card in the amount of $
`(Form PTO-2038 is attached).
`The Director is hereby authorized to charge payment of any additional filing fees required under 37 CFR § 1.16
`and any patent application processing fees under 37 CFR § 1.17 associated with this paper (including any
`extension fee required to ensure that this paper is timely filed), or to credit any overpayment,
`to Deposit
`Account No. 23-1925.
`
`November 16, 2011
`Date
`
`Respectfully submitted,
`
`/James A. Collins]
`James A. Collins (Reg. No. 43,557)
`
`Page 000009
`
`

`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`U.S. Patent and Trademark Office
`Addzess: COMMISSIONER FOR PATENTS
`P.O. Box1450
`Alexandria. Virginia 22313-1450
`
`APPLICATION NO.I
`CONTROL N0.
`
`FILING DATE
`
`FIRST NAMED INVENTORI
`PATENT IN REEXAMINATION
`
`ATTORNEY DOCKET NO.
`
`90/011,252
`
`22 September, 2010
`
`6,064,970
`
`12741-32
`
`:r3?';::‘::3°::"a'”’B“GL
`Chicago, IL 60610
`
`PAPER 20111115
`
`ART UNIT
`
`DATE MAILED:
`
`NOV 15 2011
`
`Please find below andlor attached an Office communication concernin ouni1
`proceeding.
`
`See attached communication
`
`Commissioner for Patents
`
`PTO-90C (ReV.04-03)
`
`/Karin M. Reichlel
`
`Primary Examiner, Art Unit 3992
`
`Page 000010
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`Commissioner for Patents
`United States Patent and Trademai1< omca
`P.0. Box14so
`Alexandria. VA 223111490
`--wusrnoaov
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS)
`
`5
`
`ROPES & GRAY LLP
`
`PATENT DOCKETING 39/41
`
`ONE INTERNATIONAL PLACE
`
`BOSTON. MA 02110-2624
`
`EX PARTEREEXAMINATION COMMUNICATION TRANSMITTAL FORM»
`
`REEXAMINATION CONTROL NO. 90/011 252.
`
`PATENT NO. 6 064 970.
`
`ART UNIT 3992.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)).
`
`Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a
`reply has passed, no submission on behalf of the ex parte reexamination requester will be
`acknowledged or considered (37 CFR 1.550(9)).
`
`PTOL-465 (Rev.07—04)
`
`Page 000011
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 2
`
`Communication
`
`IDS Submissions
`
`Regarding IDS submissions MPEP 2256 recites the following: "Where patents,
`
`publications, and other such items of information are submitted by a party (patent owner or
`
`requester) in compliance with the requirements of the rules, the requisite degree of consideration
`
`to be given to such information will be normally limited by the degree to which the party filing
`
`the information citation has explained the content and relevance of the information."
`
`Accordingly, the IDS submissions have been considered by the Examiner only with the scope
`
`required by MPEP 2256.
`
`Correspondence
`
`All correspondence relating to this ex parte reexamination proceeding should be directed:
`
`By Mail to:
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner for Patents
`United States Patent & Trademark Office
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand:
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`Page 000012
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 3
`
`Registered users of EFS-Web may alternatively submit such correspondence via the
`
`electronic filing system EFS-Web, at
`
`https://sportal.uspto.gov/authenticate/authenticateuserlocalepf.htrnl. EFS-Web offers the benefit
`
`of quick submission to the particular area of the Office that needs to act on the correspondence.
`
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`
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`
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`
`Any inquiry concerning this communication should be directed to the Central
`
`Reexamination Unit at telephone number 571-272-7705.
`
`Other useful telephone numbers:
`
`Reexamination Practice (571) 272-7703
`
`Reexamination Facsimile Transmission No. (571) 273-9900
`
`/Karin M. Reichle/
`
`Examiner, CRU
`Art Unit 3992
`
`Page 000013
`
`

`
`Receipt date: 02/11/2011
`
`1
`
`90011252 - GAU: 3992
`
`
`
`
` CASE NO. FORM PTO-1449 SERIAL NO.
`
`
`
`
`
`
`
`12741-32
`90/011,252
`GROUP ART UNIT
`LIST OF PATENTS AND PUBLICATIONS FOR
`FILING DATE
`
`
`
`3992
`APPLICANT'S INFORMATION DISCLOSURE STATEMENT
`Setember 22, 2010
`CONFIRMATION NO.
`
`(use several sheets if necessary) I APPL|CANT(S): Robert John McMillan et al.
`
`
`
`
`
`
`U.S. PATENT DOCUMENTS
`REFERENCE DESIGNATION
`
`
`Number-Kind Code If known
`M
`04/08/1986 Van Ostrand et al.
`— us 4,581,708
`06/O3/1986 Van Ostrand etal. —
`— us 4,593,357
`08/07/1990 Krofchalk et al. —
`— us 4 945 759
`12/24/1991 Krofchalk etal.
`— US 5,074,144
`01/19/1999
`j Us 5.862.500
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`j
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`CLASSI
`SUBCLASS
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`FILING
`DATE
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`FOREIGN PATENT DOCUMENTS
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`CLASSI
`DOCUMENT
`EXAMINER
`suBcLAss
`COUNTRY
`DATE
`Nu_mfj(',-'1_fl3§§W__
`INITIAL
`—_————
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`mmsumou
`YES °R~°
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`EXAMINER
`INITIAL
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`
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`OTHER ART - NON PATENT LITERATURE DOCUMENTS
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`
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`(Include name of author, title of the article (when approprlate), title of the item (book. magazine, journal, serial,
`date a = s,vo|ume-Issue numbe s , ubilsher cl
`andlor count where ublished.
`osium catalo ,etc
`
`
`
`‘ Butler, T, “Insurance y the Miie," Letterto the Editor, The Washington Post, January 17,
`
`‘ C7
`0:11)’:.5:Iiarfsure by the Mile," Letterto the Editor, The Washington Post, December27,
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`
`
`
`I °8
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`_ "9
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`
`
`
`
`Narten, T., "File Server,‘ Encyclopedia of Computer Science, Ed. Anthony Ralston and Edwin
`
`
`D. Reill
`, 3rd. Ed., New York: Van Nostrand Reinhold co n'ht 1993,
`- .554-555.
`"Vehicie Alert and Notification System," IBM Technical Disclosure Bulletin, Vol. 38. No. 8,
`Auust1995, - . 209-211.
`
`
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`
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`EXAM'NER
`
`/Karin Reichlel
`
`DATE °°N3'°ERE°
`
`11/15/2011
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`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP
`609; Draw line through citation if not in conformance and not considered.
`Include copy of this
`form with next communication to applicant.
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH. IKRI
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`Page 000014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addms: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria. Virginia 223I3-1450
`www.usplo.guv
`
`90/011,252
`
`09/22/2010
`
`H/M0“
`759°
`""99
`Progressive Casualty/BHGL
`P.O. Box 10395
`Chicago, IL 60610
`
`FIRST NAMED INVENTOR
`6,064,970
`
`ATTORNEY DOCKET No.
`12741-32
`
`CONFIRMATION No.
`4116
`
`"""E""”"“3E"
`
`DATE MAI.LED:1l/l0f20ll
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
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`Page 000015
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`Cnmrntsslonerfur Patent
`United States Patent and Trademark Office
`P.0.Box1a$o
`Alexandria, VA 2231 3-1 450
`---~ .~»
`--uwusvruoor
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`~—-
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`DO NOT USE IN PALM PRINTER
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`’
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`,- _
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`(THIRD PARTY REQUESTER‘S CORRESPONDENCE ADDRESS)
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`ROPES 8: GRAY U_P
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`PATENT DOCKETING 39/41
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`ONE INTERNATIONAL PLACE
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`BOSTON. MA 02110-2624
`
`EX PARTE REEXAMINATION COMMUNICATION TRANSMITTAL FORM
`
`REEXAMINATION CONTROL NO. 90/011 252.
`
`PATENT NO. 6 064 970.
`
`ART UNIT 3992.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)).
`
`Where this copy issupplied after the reply by requester, 37 CF R 1.535, or the time for filing a
`reply has passed, no submission on behalf of the ex parte reexamination requester. will be
`acknowiedged or considered (37 CFR 1.550(9)).
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`PTOL-455 (Rev.07-04)
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`Page 000016
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`Notice‘of Intent to Issue
`Ex Parte Reexamination Certificate -
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`‘
`-
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`90/011,252
`Examiner
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`'
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`Control No.
`
`Patent Under Reexamination
`
`6,064,970
`Art Unit
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`‘
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`_
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`‘ - The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`
`KARIN REICI-_lLE
`
`3992
`
`1. IE Prosecution on the merits is (or remains) closed in this ex parte reexamination proceeding. This proceeding is
`subject to reopening at the initiative of the Office or upon petition. Of. 37 CFR 1.313(a). A Certificate will be
`issued in view of
`.
`
`(a) E] Patent owner's communication(s) filed:
`.
`(b) E] Patent owner's late response filed:
`(c) E] Patent owner's failure to file an appropriate response to the Office action mailed:
`(d) E] Patent owner's failure to timely file an Appeal Brief (37 CFR 41.31).
`(e) X Other. Interviews of 11/4/11 & 11/8/11.
`Status of Ex Parte Reexamination:
`(f) Change in the Specification: E] Yes [Z No
`(g) Change in the Drawing(s):
`E] Yes E No
`(h) Status of the C|aim(s):
`'
`.
`(1) Patent claim(s) confinned:
`(2) Patent claim(s) amended (including dependent on amended cIaim(s)): 1 and 3-15
`(3) Patent claim(s) canceled: _2_.
`'
`(4) Newly presented claim(s) patentable: 70 76 and 77.
`(5) Newly presented canceled claims: 16-69 71-75 and 78-80.
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`(6) Patent claim(s) CI previously I] currently disclaimed:
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`(7) Patent claim(s) not subject to reexamination:
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`2. X Note the attached statement of reasons for patentability and/or confirmation. Any comments considered
`necessary by patent owner regarding reasons for patentability and/or confinnation must be submitted promptly
`to avoid processing delays. Such submission(s) should be labeled: "Comments On Statement of Reasons for
`Patentability and/or Confinnation.”
`
`3. CI Note attached NOTICE OF REFERENCES ClTED (PTO-B92).
`
`
`
`4. E Note attached LIST OF REFERENCES CITED (PTO/SB/08 Oi PTO/SB/08 substitute).
`5. E] The drawing correction request filed on
`is:
`I:I approved
`|:I disapproved.
`6. El Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).
`a)I:] All
`b)I:] Some*
`c)|:I None
`-of the certified copies have
`I] been received.
`I] not been received.
`.
`I] been filed in Application No.
`.
`-
`I] been filed in reexamination Control No.
`[I been received by the International Bureau in PCT Application No.
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`* Certified copies not received:
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`.
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`-
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`7. IX Note attached Examiner's Amendment
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`8. E Note attached Interview Summary (PTO-474).
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`9. E] Other: __
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`I an'n M. Reichle
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`- Unit: 3992
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`U.S. Patent and Trademark Office
`PTOL-469 (Rev. 05-10)
`Notice of Intent to Issue Ex Parte Reexamination Certificate
`
`Part of Paper No 20111108
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`Page 000017
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`Application/Control Number: 90/01 1,252
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`—
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`_
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`I
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`Art Unit: 3992
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`1’ ‘"“' "NOTICE OF INTENT TO ISSUE EX BARTE REEXAMINATION
`__.§.TV__i._,~
`- I "
`_
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`'
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`' CERTIFICATE
`
`Examiner’s Amendment
`
`An exam_iner's amendment to the record appears below. The changes made by this
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`examiner's amendment will be reflected
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`the reexamination certificate to issue
`
`due course.
`
`1. (amended) A method of generating a database comprising data elements representative of
`
`operator or vehicle driving characteristics, the method comprising:
`
`generating actuarial classes of insurance, which ggoup operators or vehicles having a similar
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`risk characteristic, from actual monitored driving characteristics during a selected time period as
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`represented by recorded data elements representative of an operating state of the vehicles or an
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`action of the omrators; and
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`momtoring a plurality ofthe data elementslrepresentative of an operating state of a vehicle or
`an action of lthe] a_n_ operator during a la_tte_r selected time period; and,
`-
`recording selected ones ofthe plurality of data elements into the database when said ones are
`
`determined to be appropriate for recording relative to determining a cost of insurance for the
`vehicle during the Llttgg selected time period, said ones including, a time and location ofvehicle
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`operation and a corresponding log of vehicle speed for the time and location.
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`2. (cancelled).
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`Page 000018
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`Application/Control Number: 90/011,252
`ArtUnit: 3992
`2
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`Page 3
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`3. (amended) The [database] method a§$i_i_ned in claim 1 [2] wherein the data elements
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`comprise raw data elements, derived data elements and calculated data elements.
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`4. (amended) A method of insuring a vehicle operator for a selected period based upon operator
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`driving characteristics during the period, comprising, steps of:
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`generating an initial operator profile;
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`generating an insured profile for the vehicle operator prior to any monitoring of any of the
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`vehicle operator's driving characteristics wherein the insured profile comprises coverage
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`~
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`information, including limits and deductibles, for determining a base cost of vehicle insurance
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`for the vehicle ogrator;
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`monitoring the vehicle operator'§ driving characteristics during the selected period; and
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`deciding a total_cost of vehicle insurance for the selected period based upon the [operating]
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`vehicle operator's driving characteristics monitored in that selected period and the base cost of
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`insurance.
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`5. (amended) A method of determining a cost of vehicle insurance for a selected period based
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`upon monitoring, recording and communicating data representative of operator and vehicle
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`driving characteristics during said period, whereby the cost is adjustable by relating the driving
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`characteristics to predetermined safety standards that are related to a safe operation of a vehicle,
`the method comprising:
`i
`
`determining an initial insured profile for the operator of the vehicle prior to any monitoring of
`
`any data elements representative of an operating state of the vehicle or an action of the operator
`
`Page 000019
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`'
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`.- Application/Control Number: 90/011,252
`Art Unit: 3992
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`‘
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`Page 4
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`of the vehicle and determining a base cost ofQ; vehicle insurance based on said
`insured
`profile wherein the initial insured profile comprises coverage informatio1_1, including limits and
`
`deductibles;
`
`. monitoring a plurality of Q data elements representative of [an] t_h§ operating state of [a] $9
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`vehicle or [an] _th_e action of the operator of the" vehicle during the selected period;
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`recording selected ones of the plurality of data elements when said ones are determined to
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`have a preselected relationship to the safety standards;
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`consolidating said selected ones_for identifying a surcharge or discount to be applied to the
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`base cost; and,
`
`-
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`.
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`,
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`-
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`__
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`—
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`______ __
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`producing a final cost of vehicle insurance for the selected period from the base cost and the
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`surcharge or discount.
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`6. (amended) A method of monitoring a human operator controlled power source driven vehicle,
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`the method comprising:
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`extracting one or more data elements by a computer programmed to monitor sensor data from V
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`at least one sensor wherein the one or more elements are actual driving characteristics of at least
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`one operating state of the vehicle and [the] at least one human['s] operator’s actions during a data
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`collection period;
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`analyzing, grouping, and storing theme or more data elements as group data values in a first
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`memory related to a predetermined group of elements; and,
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`correlating the group data values to preset values in a second memory and generating an
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`output data value based on the correlation wherein the output data value is usedto compute an
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`Page 000020
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`Application/Control Number: 90/011,252
`4 Art Unit: 3992
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`Page 5
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`-I . insurance rating for_the vehicle for the data collection period that is based on an
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`class of
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`I « insurance which groups other human operator controlled power source driven vehicles having a
`
`: similar operator or vehicle risk characteristic and which also represents the actual driving
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`characteristics of the vehicle monitored and recorded from the at least one sensor [FOR the data
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`collection period].
`
`.
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`_ -.
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`._,_- '
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`7. (original) The method according to claim 6, further including the steps of:
`
`determining if the one or more data elements indicate one or more predetermined triggering
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`events, where if the determination is positive, correlating the one or more data elements to one or
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`more typesof t