Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Claim 73
`
`Page 138
`
`73. The method of claim 70 further comprising generating a plurality of insurance,
`actuarial classes based at least in part on an aggregation of data elements representing
`actual driving characteristics of vehicles and human actions that were previously extracted
`and stored from a plurality of in-vehicle sensors.
`
`See the discussion of claim 73 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, this claim will be considered as requiring grouping of data elements based at least
`
`in part on characteristics of the operating states of vehicles and humans actions, i.e. driving
`
`characteristics, that were previously extracted and stored from a plurality of in-vehicle sensors,
`
`e.g. prior preset driving profiles, which grouping/group data is used to compute the ‘insurance
`
`rating’, and which step may either comprise the steps of claim 70, e.g. the analyzing and
`
`correlating and computing steps, or be in addition thereto.” It is noted again that the vehicles and
`
`humans actions claimed do not preclude the vehicle and actions of human(s) claimed in claim 70.
`
`Furthermore, see the discussion of claims 41, 44-50 and 7] and 72 supra, esp. with
`
`respect to the terminology “insurance actuarial class”. Attention is also directed to ‘079 at col.
`
`29, lines 18-24, e.g. different vehicles used by same driver/human, and col. 31, lines 24-26, i.e.
`
`history, e.g., previous actions and vehicles.
`
`Therefore the prior art combination contemplates the method as claimed in claim 73.
`
`’
`
`Claim 74
`
`74. The method of claim 70, wherein the step of extracting comprises extracting the one or
`more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Page 000397
`
`

`
`Application/Control Number: 90/OI 1,252
`Art Unit: 3992
`
`Page 139
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the method further comprising:
`
`generating insurance actuarial classes and operator profiles relative thereto based
`on the plurality of data elements.
`
`See the discussion of claim 74 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, such step may either comprise the steps of claim 70, e.g. the analyzing, grouping
`
`and storing, or be in addition thereto.”
`
`Furthermore, see the discussion of claims 65, 71 and 73 supra.
`
`Therefore the prior art combination contemplates the method as claimed in claim 74.
`
`Claim l6
`
`16. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`It is noted that this clause requires the extraction of one data element fiom one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the step of analyzing, grouping, and storing comprises:
`determining that the one or more data elements have a preselected relationship to a
`predetermined safety standard; and
`
`recording the one or more data elements in the first memory in response to
`determining that the one or more data elements have the preselected relationship to the
`safety standard.
`
`Page 000398
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 140
`
`With regard to the tenninology “analyzing, grouping and storing” see the discussion of
`
`such step of claim 6 supra i.e. pages 24-56 of the non-final Office Action by incorporation, esp.
`
`pages 40-43 thereof. With regard to the terminology “determining that the one or more data
`
`elements have a preselected relationship” and “a predetermined safety standard”, see the
`
`discussion of similar terminology with "regard to claim 5 supra in paragraph 5, esp. pages 12 and
`
`18-20 of the non-final Offlce Action by incorporation.
`
`See the discussion of claim 16 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, this claim will be interpreted to require mg one or more data elements of the
`
`analyzing, grouping and storing step according to claim 6 to have ‘a preselected relationship’ or
`
`‘be related’ to ‘a predetermined safety standard’ at a minimum.”
`
`See the discussion of the claims supra, e.g. the discussion of claims 6, 10-11 and 70-73
`
`supra, esp. pages 43-46, 61-65 and 164-165 of the non-final Office Action by incorporation.
`
`Especially note again col. 2, lines 29-32, col. 4, lines 40-44 and 65, col. 5, line 5, col. 6, lines 34-
`
`43 of the ‘970 Patent e.g., ABS and airbags, use of seat belt and turn signals, speed limit
`
`-
`
`observation, time of day and location of driving, rate of acceleration and braking are all related to
`
`Safety, ‘079, i.e. a event recording apparatus 5 and sensors 4a within a vehicle, elements 5, 510,
`
`600, 22, 510 in the Figures as well as col. 9, second full paragraph and col. 10, first full
`
`paragraph, e.g. sensors‘ associated with ABS and airbags, use of seat belt and turn signals, speed
`
`time of day and location of driving, rate of acceleration and braking, cols. 30-32 and Figures 18-
`
`19, steps 1801-1808, e.g. analyzing, grouping and storing of values in Table 19 which are related
`
`safety and col. 27, lines 31-58, e.g. recording by the apparatus/system is triggered by an unusual
`
`Page 000399
`
`

`
`Application/Control Number: 90/Ol l,252
`Art Unit: 3992
`
`Page I41
`
`event such as a vehicle operational or performance value exceeding a preset threshold value or
`
`an accident, e.g. a predetermined standard related to safety.
`
`Therefore the prior art combination contemplates the method as claimed in claim 16.
`
`Claim 17
`
`17. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the step of analyzing, grouping, and storing comprises grouping a selected data element of
`the one or more data elements in the first memory in combination with a location of the
`vehicle associated with the selected data element.
`
`With regard to the terminology “analyzing, grouping and storing” see the discussion of
`
`such step of claim 6 supra i.e. pages 24-56 of the non-final Office Action by incorporation, esp.
`
`pages 40-43.
`
`See the discussion of claim 17 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, this claim will be interpreted to require the analyzing, grouping and storing step
`
`according to claim 6 to include at least one of Q one or more data elements combined with a
`
`location of the vehicle.”
`
`See the discussion of claims supra, esp. claims 1, 6, and 11, pages 39-57, esp. 43-46
`
`thereof, 66 and 72, of the non-final Office Action by incorporation, i.e. ‘O79 teaches “grouping a
`
`Page 000400
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 142
`
`'
`
`selected data element of the one or more data elements in the first memory in combination with a
`
`location of the vehicle associated with the selected data element.”
`
`Therefore the prior art combination contemplates the method as claimed in claim 17.
`
`Claim 18
`
`18. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 ofthe non—final
`
`Office Action by incorporation, esp. pages 40-43 thereof, and ‘079 at col. 25, lines 16-23 and
`
`col. 26, lines 49-59.
`
`the step of analyzing, grouping, and storing comprises grouping a selected data element of
`the one or more data elements in the first memory in combination with a time or date
`associated with the selected data element.
`
`With regard to the terminology “analyzing, grouping and storing” see the discussion of
`such step ofclaim 6 supra i.e. pages 24-56 ofthe non-final Office Action by incorporation, esp.
`
`pages 40-43 thereof.
`
`See the discussion of claim 18 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, this claim m'1l be interpreted to require the analyzing, grouping and storing step
`
`according to claim 6 to include at least one of th_e one or more data elements combined with a
`
`time or date.”
`
`See the discussion of claims supra, esp. claims 1, 6, 11, pages 39-57, esp. pages 43-46,
`
`thereof, 66 and 72, of the non—final Office Action by incorporation, and claim 17 supra, i.e. ’79
`
`Page 000401
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`‘Page 143
`
`teaches “grouping a selected data element of the one or more data elements in the first memory
`
`in combination with a time or date associated with the selected data element.”
`
`Therefore the prior art combination contemplates the method as claimed in claim 18.
`
`Claim 19
`
`19. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see.the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office Action by incorporation, esp. pages 40-43 thereof, and ‘079 at col. 25, lines 16-23 and
`
`col. 26, lines 49-59.
`
`the method further comprising:
`calculating a rate of acceleration of the vehicle based on at least one of the one or
`more data elements; and
`
`using the rate of acceleration of the vehicle to compute the insurance rating for the
`vehicle.
`
`With regard to the terminology “an insurance rating”, see again the discussion of such
`
`terminology with regard to claim 6 supra, pages 24-56 of the non—final Office Action by
`
`incorporation, esp. pages 47-56 thereof.
`
`See the discussion of claim 19 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, these steps of this claim will be considered either in addition to the steps of claim 6
`
`wherein the rate of acceleration is based on some data element, e.g. raw, calculated or derived, or
`
`the extracting step or the analyzing step of claim 6 will be considered to comprise the calculating
`
`step of this claim wherein the rate of acceleration is based on some data element, e.g. raw,
`
`Page 000402
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 144
`
`calculated or derived, and the correlating and generating step of claim 6 will be considered to
`
`comprise the using step of this claim.”
`
`See discussion of the claims supra, e.g. claim 1-3, 6 supra, esp. the discussion of claim 6,
`
`i.e. pages 46-56 and 68-75 of the non-final Office Action by incorporation, and claim 70 supra
`
`and, e.g., ‘079 at elements 5, 510, 600, 22, 510 in the Figures of ‘O79, col. 9, lines 42-44, col. 10,
`
`lines 35-37, 54-56, and 62-64, col. 27, lines 46 and 56 , col. 28, lines 47-49, col. 29, line 21-24,
`
`col. 30, lines 29-55, col. 31, lines 24-44, col. 32, lines 8-11 and claims 1-3 and 7, eg. ‘079
`
`teaches acceleration, sudden acceleration, smoothness of acceleration/sudden acceleration, speed
`
`profile including mean and variability, headway, turning rate evaluated, i.e.
`
`measured/determined/calculated.
`
`Therefore the prior art combination contemplates the method as claimed in claim 19.
`
`Claim 20
`
`20. The method according to claim 6, vvherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office action by incorporation, esp. pages 40-43 thereof, and ‘O79 at col. 25, lines 16-23 and col.
`
`26, lines 49-59.
`
`the method further comprising:
`calculating a rate of acceleration of the vehicle based on at least one of the one or
`more data elements; and
`
`Page 000403
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 145
`
`determining whether the rate of acceleration indicates a trigger event which would
`result in a surcharge or discount during an insurance billing process.
`
`With regard to the terminology “insurance billing process”, see the ‘970 Patent at Figure
`
`2, col. 5, lines 57-59, the paragraph bridging cols 8-9 and col. 10, lines l4-50.
`
`See the discussion of claim 20 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, these steps of this claim will be considered either in addition to the steps of claim 6
`
`or the extracting step and/or the analyzing step(s) of claim 6 will be considered to comprise the
`
`calculating step of this claim and the determining step of this claim using a rate, either calculated
`
`or not calculated.”
`
`See the discussion of claims supra, e.g. 1-3, 6-7, i.e. pages 46-57 and 68-75 ofthe non-
`
`final Office Action by incorporation, and claims 19 and 70 supra. With regard to the discussion
`
`of claim 6, see, e. g., “The prior art combination also contemplates use of the output information
`
`to provide up front discounts,_prospective setting or retrospective adjustment of some cost(s)
`
`associated with a cost of insurance, e.g. a pure or gross premium, surcharge or discount. Finally
`
`the prior art combination contemplates use with conventional systems of payment/billing, e.g.
`
`prepaid cards or credit cards.” (Emphasis added), and the portions of ‘868 and Black cited and
`
`discussed. With regard to discussion of claim 7, see, e.g., “Note that the claim does not set forth
`
`, how the indication is determined...The specification of the '970 Patent sets forth at col. 8, lines
`
`63-65 that “Trigger events’ are defined as a combination of sensor data requiring additional
`
`action 9; which m_a_y result in a surcharge or discount during the insurance billing Qrocess”.
`
`(Emphasis added.) Also, note ‘O79 again at cols. 30-31 and Figures 18-19, e.g. determining by a
`
`processor whether/that acceleration is used as a combination of sensor data which results in
`
`output/evaluation used to determine classification/consequence.
`
`Page 000404
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 146
`
`Therefore, the prior art combination contemplates the method of claim 20.
`
`Claim 21
`
`21. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non—final
`
`Office Action by incorporation, esp. pages 40-43, and ‘O79 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the method further comprising
`calculating a rate of acceleration of the vehicle based on at least one of the one or
`more data elements;
`determining whether the rate of acceleration has a preselected relationship to a
`predetermined safety standard; and
`recording the rate of acceleration in the first memory in response to determining
`that the rate of acceleration has the preselected relationship to the safety standard.
`
`See the discussion of claim 21 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the step of calculating of this claim will be considered either in addition to the steps
`
`of claim 6 or the extracting step or the analyzing step of claim 6 will be considered to comprise
`
`the calculating step of this claim and such calculated rate having ‘a preselected relationship’ to ‘a
`
`V predetermined safety standard”.
`
`See the discussion of claims supra, e.g. claims 16 and 19, e.g. esp. pages 24-46 of the
`
`non-final Office Action by incorporation and ‘079 at col. 27, lines 38-62.
`
`Therefore, the prior art combination contemplates the method of claim 21.
`
`Page 000405
`
`

`
`Application/Control Number: 90/oi 1,252
`Art Unit: 3992
`
`Claim 22
`
`Page 147
`
`22. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office Action by incorporation, esp. pages 40-43, and ‘D79 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the method further comprising:
`recording a number of acceleration events during the data collection period that are .
`identified as being excessive or sudden; and
`
`computing the insurance rating for the vehicle based on the number of identified
`excessive or sudden acceleration events.
`
`See discussion of claim 22 in paragraph 7 supra, e.g. “Accordingly, for purposes of:
`
`examination, these steps of this claim will be considered either in addition to the steps of claim 6
`
`with the recording step including acceleration events which are excessive or sudden or the
`
`extracting step or the analyzing step of claim 6 will be considered to comprise the recording step
`
`of this claim including acceleration events which are excessive or sudden and the correlating and
`
`generating step of claim 6 will be considered to comprise the computing step of this claim.”
`
`See discussion of claims supra, e.g. claim 19, esp. the cited portions of ‘O79.
`
`Therefore, the prior art combination contemplates the method of claim 22.
`
`Claim 23
`
`23. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`Page 000406
`
`

`
`Application/Control Number: 90/0| 1,252
`Art Unit: 3992
`i
`
`Page 148
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the method further comprising:
`monitoring a rate of braking associated with the vehicle based on at least one of the
`one or more data elements; and
`
`using the rate of braking associated with the vehicle to compute the insurance rating
`for the vehicle.
`
`See the discussion of claim 23 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, these steps of this claim will be considered either in addition to the steps of claim 6
`
`where the rate is monitored or the extracting step or the analyzing step of claim 6 will be
`
`considered to comprise monitoring a rate of braking and the correlating and generating step of
`
`claim 6 will be considered to comprise the using step of this claim.”
`
`See discussion of the claims supra, e.g. claim 19, as well as ‘079 at, e.g., col. 9, lines 40-
`
`41, col. 10, lines 39-42, col. 27, lines 48 and 56-57, col. 28, line 49, cols. 30-32 and Figures 18-
`
`19, esp. col. 30, lines 29-39 and claims, esp., 3.
`
`Therefore the prior art combination contemplates the method of claim 23.
`
`Claim 24
`
`24. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`Page 000407
`
`

`
`Application/Control Number: 90/Ol 1,252
`Art Unit: 3992
`
`Page 149
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines l6-23 and col. 26,
`
`lines 49-59.
`
`,
`the method further comprising:
`monitoring a rate of braking associated with the vehicle based on at least one of the
`one or more data elements; and
`
`determining whether the rate of braking indicates a trigger event which would
`result in a surcharge or discount during an insurance billing process.
`
`See the discussion of claim 24 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, these steps of this claim will be considered either in addition to the steps of claim 6
`
`where the rate is monitored or the extracting step and/or the analyzing step(s) of claim 6 will be
`
`considered to comprise the monitoring a rate of braking and the detemiining step using such
`
`rate.”
`
`See the discussion of claims supra, e.g. claims 20 and 23.
`
`Therefore the prior art combination contemplates the method of claim 24.
`
`Claim 25
`
`25. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Page 000408
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 150
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the method further comprising:
`monitoring a rate of braking associated with the vehicle based on at least one of the
`one or more data elements;
`
`determining whether the rate of braking has a preselected relationship to a
`predetermined safety standard; and
`
`recording the rate of braking in the first memory in response to determining that
`the rate of braking has the preselected relationship to the safety standard.
`
`See the discussion of claim 25 in paragraph 7 supra, e. g. “Accordingly, for purposes of
`
`examination, the monitoring step of this claim will be considered either in addition to the steps of
`
`claim 6 where the rate is based on at least one of the data elements or the extracting step or the
`
`analyzing step of claim 6 will be considered to comprise monitoring a rate of braking and such
`
`rate of braking having “a preselected relationship” to “a predetermined safety standard”.
`
`See the discussion of claims supra, e.g. claims 16, 21 and 23.
`
`Therefore the prior art combination contemplates the method of claim 25.
`
`Claim 26
`
`26. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`Page 000409
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 151
`
`the method further comprising:
`recording a number of braking events during the data collection period that are
`identified as being excessive or sudden; and
`
`computing the insurance rating for the vehicle based on the number of identified
`excessive or sudden braking events.
`
`See the discussion of claim 26 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, these steps of this claim will be considered either in addition to the steps of claim 6
`
`with the recording step including braking events which are excessive or sudden or the extracting
`
`step or the analyzing step of claim 6 will be considered to comprise the recording step of this
`
`claim including braking events which are excessive or sudden and the correlating and generating
`
`step of claim 6 will be considered to comprise the computing step of this claim.”
`
`See the discussion of claims supra, e.g. claims 19, 22 and 23.
`
`Therefore the prior art combination contemplates the method of claim 26.
`
`Claim 27
`
`27. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by .
`
`a computer programmed to gather data. With regard to the terminology “extracting” see the
`
`discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final Office Action by
`
`incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26, lines 49-59.
`
`the method further comprising:
`determining speed data associated with a location of the vehicle basedon at least one
`of the one or more data elements;
`
`identifying a predetermined speed threshold associated with the location of the
`vehicle;
`
`Page 000410
`
`

`
`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
`
`Page 152
`
`comparing the speed data to the predetermined speed threshold to determine that
`the speed data indicates an occurrence of an excessive speed event above the predetermined
`speed threshold; and
`
`computing the insurance rating for the vehicle based on the occurrence of the
`excessive speed event.
`
`See the discussion of claim 27 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, these steps of this claim will be considered either in addition to the steps of claim 6
`
`with determining, identifying and comparing to determine the occurrence of an excessive speed
`
`event above a predetermined threshold at a/the location of the vehicle, or the extracting step or
`
`the analyzing step of claim 6 will be considered to comprise determining, identifying and
`
`comparing to determine the occurrence of an excessive speed event above a predetermined
`
`threshold at a/the location of the vehicle, and the correlating and generating step of claim 6 will
`
`be considered to comprise the computing step of this claim”, and in paragraph 3 supra, Prior Art
`
`Rejections.
`
`See discussion of claims supra, e.g. claims 19, 22-23 and 26, as well as ‘079 at col. 9,
`
`lines 28-29, col. 10, lines 20-23, col. 11, lines 1-2, col. 23, line 54—col. 24, line 21, col. 27, lines
`
`38-42 and 67, col. 28, line 49, col. 29, line 23, cols. 30-32 and Figures 18-19, esp. col. 30, lines
`
`1-35, col. 30, line 59-61, col. 31, lines 24-45, col. 32, line 8-1], col. 29, line 23 and claims 1-2.
`
`Therefore the prior art combination contemplates the method of claim 27.
`
`Claim 28
`
`28. The method according to claim 27, further comprising
`measuring a time duration of the excessive speed event above the predetermined
`speed threshold,
`
`Page 000411
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`

`
`Application/Control Number: 90/01 1,252
`
`Art Unit: 3992
`
`Page 153
`
`wherein the step of computing the insurance rating comprises computing the
`insurance rating for the vehicle based on the time duration of the excessive speed event.
`
`It is noted that such claim does not require measuring time duration of only excessive
`
`speed events.
`
`See the discussion of claim 28 in paragraph 7 supra, i.e. “Accordingly, for purposes of
`
`examination, the determining, identifying and comparing step of claim 27 will also be considered
`
`to comprise measuring a time duration associated with
`
`occurrence of an excessive speed
`
`event, and the computing step of claim 27 will also be considered to comprise the computing
`
`step of this claim.”
`
`See discussion of claim 27 as well as ‘O79 at col. 11, lines 10-22, col. 23, line 54-col. 24,
`
`line 21, col. 25, lines 1-2, col. 26, lines 53-55, col. 27, lines 38-42, the paragraph bridging cols.
`
`27-28, e.g. speed measured at time intervals gives indication of duration of speed, col. 27, lines
`
`46 and 56, col. 28, lines 47-49, col. 29, line 23, col. 31, lines 24-30, e.g. performance, e.g. speed,
`
`at any time is compared to speed at any other time, the paragraph bridging cols. 31-32, esp. col.
`
`31, line 50-54 , and claim 2.
`
`Therefore the prior art combination contemplates the method of claim 28.
`
`Claim 29
`
`29. The method according to claim 6, wherein the step of extracting comprises extracting 8
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`
`“extracting” see the discussion of such step of claim 6 supra, i.e. pages 24-56 of the non-final
`
`Page 000412
`
`L
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`

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`Application/Control Number: 90/01 1,252
`
`Art Unit: 3992
`
`Page 154
`
`Office Action by incorporation, esp. pages 40-43, and ‘O79 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the method further comprising:
`determining speed data associated with a location of the vehicle based on at least one
`of the one or more data elements;
`
`extracting speed limit data associated with the location of the vehicle from a
`database;
`
`comparing the speed data to the speed limit data to determine whether the speed
`data indicates an occurrence of an excessive speed event above the speed limit data; and
`
`recording the speed data in the first memory in response to determining that the
`speed data indicates an occurrence of an excessive speed event above the speed limit data.
`
`See the discussion of claim 29 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, these steps of detennining speed data and extracting speed limit data at a/the
`
`location of the vehicle will either be considered in addition to claim 6 or the extracting step or
`
`the analyzing step of claim 6 will be considered to comprise determining speed data and
`
`extracting speed limit data at a/the location ofthe vehicle” and in paragraph 3 supra, Prior Art
`
`Rejections.
`
`See discussion of claims supra, esp. 1, 16, 21, 25 and 27, as well as ‘079 at col. 23, line
`
`54-col. 24, line 2], col. 27, lines 38-42, the paragraph bridging cols. 27-28, col. 28, lines 47-49,
`
`col. 29, line 23, col. 30, first three full paragraphs, Figures 18 and 19, esp. elements 1801 and
`
`1802, and claim 2.
`
`Therefore the prior art combination contemplates the method of claim 29.
`
`Page 000413
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`'
`
`Page 155
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`Claim 30
`
`30. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`It is noted that this clause requires the extraction of one data element from one sensor by
`
`a computer programmed to gather data at a minimum. With regard to the terminology
`“extracting” see the discussion of such step ofclaim 6 supra, i.e. pages 24-56 ofthe non-final
`
`Office Action by incorporation, esp. pages 40-43, and ‘079 at col. 25, lines 16-23 and col. 26,
`
`lines 49-59.
`
`the method further comprising:
`
`monitoring time of day driving data associated with the vehicle; and
`
`determining whether the time of day driving data indicates a trigger event which
`would result in a surcharge or discount during an insurance billing process.
`
`See the discussion of claim 30 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the monitoring and determining steps will be considered either in addition to the
`
`claims of claim 6 or the extracting step and/or the analyzing step(s) of claim 6 will be considered
`
`to comprise the monitoring step of this claim and the determining_step of this claim.”
`
`See discussion of claims supra, e.g. claims 20 and 24, as well as ‘079 at, e.g., Figures 18-
`
`,
`
`19, esp. 1802 and col. 30, lines 1-col. 31, line 44 and claim 2.
`
`Therefore the prior art combination contemplates the method of claim 30.
`
`Claim 31
`
`31. The method according to claim 6, wherein the step of extracting comprises extracting
`the one or more data elements by a computer programmed to gather data; [sic]
`
`Page 000414
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 39