`
`Attorney Docket No. 12741-32
`
`No. 6,064,970.
`
`In compliance with 37 CFR §1.98(a)(3), provided herewith are English
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`language abstracts which serve as concise explanations for each reference not in the
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`English language. By submitting this Statement, Patent Owner is attempting to fully
`
`comply with the duty of candor and good faith mandated by 37 CFR §1.555, and the
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`requirements of 37 CFR §1.98. This Statement is not intended to constitute an
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`admission that any of the enclosed references, or other information referred to therein,
`
`constitutes “prior art” or is otherwise “material to patentability," as that phrase is defined
`
`in 37 CFR §1.555(b). Patent Owner reserves the right to file supplemental |DS(s) if
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`additional references are found.
`
`Patent Owner also respectfully requests the Office to review the claims and the
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`prosecution history, including any Office Actions issued by the U.S. Patent and
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`Trademark Office and any responses filed by Patent Owner, for Serial No. 08/592,958
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`(now U.S. Pat. No. 5,797,134), Serial No. 09/571,650 (now U.S. Pat. No. 6,868,386),
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`Serial No. 10/764,076, Serial No. 11/868,827, and Serial No. 12/132,487.
`
`U.S. Patent No. 6,064,970 is the subject of litigation in Progressive Casualty
`
`Insurance Company v. Safeco Insurance Company of Illinois, et a/., Case No. 1:10-cv-
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`01370-PAG, in the U.S. District Court for the Northern District of Ohio. On November
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`12, 2010, the court stayed the litigation pending the outcome of this reexamination.
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`Therefore, the litigation is currently closed, but will be reopened upon immediate
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`notification of either party after the conclusion of the reexamination process.
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`Patent Owner has calculated no fee due upon filing this Information Disclosure
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`Statement. However, the Director is authorized to charge any fee deficiency associated
`
`with the filing of this Information Disclosure Statement to a deposit account, as
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`authorized in the accompanying Transmittal.
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`Februag 1, 2011
`Date
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`BRINKS
`HOFER
`GILSON
`
`&LlONE
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`Respectfully submitted,
`
`/James A. Collins/
`James A. Collins
`
`(Reg. No. 43,557)
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`'2'
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`Page 001608
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`Document code: WFEE
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`United States Patent and Trademark Office
`Sales Receipt for Accounting Date: 01/31/2011
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`KWHITE1
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`SALE #O0O0O0O6 Mailroom Dt: 01/28/2011
`01
`FC : 8011
`55.00 DA
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`500412
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`90011252
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`Page 001609
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`Atty. Docket No. 12741-32
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`Application No. 90/011,252
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`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
`
`January 26, 2011
`Date of Signature & Date ofTransmission
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Inventors: Robert J. McMillan, et al.
`u.s. Patent No. 6,064,970
`
`Filing Date: August 17, 1998
`
`Application No. 90/011,252
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`I-0'!‘-01$-0'!‘-0'1t0‘I
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`Examiner: Karin M. Reichle
`
`Group Art Unit: 3992
`Confirmation No. 4116
`
`Attorney Docket No. 12741-32
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`For: Motor Vehicle Monitoring System for Determining a Cost of Insurance
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`MAIL STOP EX PARTE REEXAM
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`Central Reexamination Unit
`
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
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`AMENDMENT IN EX PARTE REEXAMINATION UNDER 37 CFR 1.530(d)
`
`Dear Examiner:
`
`Patentee respectfully requests that the above-identified ex parte reexamination
`
`prosecution and examination proceed on the basis of the claims as amended by this
`
`communication. The amendments are presented to further distinguish the inventions from the
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`prior art cited in the Reexamination Order mailed November 24, 2010.
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`Amendments to the claims begin on page 2 of this communication.
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`Remarks begin on page 18 of this communication.
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`Page 001610
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`Atty. Docket No. 12741-32
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`Application No. 90/011,252
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`Please add new claims 16-73, as shown below. The patented claims 1-15 are not amended.
`
`Amendments to the Claims:
`
`1. (previously presented) A method of generating a database comprising data elements
`
`representative of operator or vehicle driving characteristics, the method comprising:
`
`monitoring a plurality of the data elements representative of an operating state of a vehicle
`
`or an action ofthe operator during a 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 selected time period, said ones including, a time and location of vehicle
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`operation and a corresponding log of vehicle speed for the time and location.
`
`2. (previously presented) A database comprising data elements representative of operator or
`
`vehicle driving characteristics for a selected time period including a time and location of vehicle
`
`operation and a corresponding log of vehicle speed for the time and location, the database
`
`then being used to’ determine an insurance charge for the vehicle operation for said selected
`
`time period.
`
`3. (previously presented) The database as defined in claim 2 wherein the data elements
`
`comprise raw data elements, derived data elements and calculated data elements.
`
`4. (previously presented) 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;
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`monitoring operator driving characteristics during the selected period; and
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`deciding a cost of vehicle insurance for the period based upon the operating characteristics
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`monitored in that period.
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`Page 001611
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`Atty. Docket No. 12741-32
`Application No. 90/011,252
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`5. (previously presented) A method of determining a cost of vehicle insurance for a selected
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`period based upon monitoring, recording and communicating data representative of operator
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`and vehicle driving characteristics during said period, whereby the cost is adjustable by relating
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`the driving characteristics to predetermined safety standards, the method comprising:
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`determining an initial insured profile and a base cost of vehicle insurance based on said
`
`insured profile;
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`monitoring a plurality of data elements representative of an operating state of a vehicle or
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`an action of the operator during the selected period;
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`recording selected ones ofthe plurality of data elements when said ones are determined to
`
`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
`
`base cost; and,
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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. (previously presented) A method of monitoring a human controlled power source driven
`
`vehicle, the method comprising:
`
`extracting one or more data elements from at least one sensor wherein the one or more
`
`elements are of at least one operating state ofthe vehicle and the at least one human'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,
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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 used to compute
`
`an insurance rating for the vehicle FOR the data collection period.
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`Page 001612
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`Application No. 90/011,252
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`7. (previously presented) 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 events, where if the determination is positive, correlating the one or more data
`
`elements to one or more types oftriggering events stored in a third memory; and,
`
`storing and transmitting a signal corresponding to the determined triggering event to a
`
`receiving system.
`
`8. (previously presented) 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 events, where if the determination is positive, correlating the one or more data
`
`elements to one or more types of triggering events stored in a third memory; and,
`
`storing or transmitting a signal corresponding to the determined triggering event to a
`
`receiving system.
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`9. (previously presented) The method as defined in claim 6 wherein the output data value is
`
`additionally used for computing an insurance rating for the vehicle for a future data collection
`
`period.
`
`10. (previously presented) The method according to claim 6, further comprising the steps of:
`
`using safety or other actuarial standard values as the preset values; and,
`
`generating an adjusted insurance cost as the output data value.
`
`11. (previously presented) The method according to claim 10, further comprising the steps of:
`
`using location and time as the one or more data elements which are compared to the safety
`
`or other actuarial standard values to generate the adjusted insurancejcost.
`
`12. (previously presented) The method according to claim 11 wherein:
`
`the adjusted insurance cost can be for a prospective or retrospective basis.
`
`13. (previously presented) The method according to claim 6, further comprising the steps of:
`
`using safety or other actuarial standard values as the preset values; and,
`
`generating an adjusted underwriting cost as the output data value.
`
`4
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`Page 001613
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`Atty. Docket No. 12741-32
`Application No. 90/011,252
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`14. (previously presented) The method according to claim 13, further comprising the steps of:
`
`using location and time as the one or more data elements which are compared to the safety
`
`or other actuarial standard values to generate the adjusted underwriting cost.
`
`15. (previously presented) The method according to claim 14 wherein:
`
`the adjusted underwriting cost can be for a prospective or retrospective basis.
`
`16. (new) The method according to claim 6, wherein the step of analyzing, grouping, and storing
`
`comprises:
`
`A
`
`determining by a processor whether the one or more data elements have a preselected
`
`relationship to a predetermined safety standard‘, and
`
`recording select ones of the one or more data elements in the first memory in response
`
`to the processor determining that the select ones ofthe one or more data elements have the
`
`preselected relationship to the safety standard.
`
`17. (new) The method according to claim 6, wherein the step of analyzing, grouping, and storing
`
`comprises grouping, by a processor, a selected data element ofthe one or more data elements
`
`in the first memom in combination with a location ofthe vehicle associated with the selected
`
`data element.
`
`18. (new) The method according to claim 6, wherein the step of analyzing, grouping, and storing
`
`comprises grouping, by a processor, a selected data element ofthe one or more data elements
`
`in the first memory in combination with a time or date associated with the selected data
`
`element.
`
`19. (new) The method according to claim 6, further comprising:
`
`calculating a rate of acceleration of the vehicle based on the one or more data elements
`extracted from the at least one sensor' and
`
`using the rate of acceleration of the vehicle by a processor to compute the insurance
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`rating for the vehicle.
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`Page 001614
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`Atty. Docket No. 12741-32
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`Application No. 90/011,252
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`20. (new) The method according to claim 6, further comprising:
`
`calculating a rate of acceleration of the vehicle based on the one or more data elements
`
`extracted from the at least one sensor‘, and
`
`determining by a processor whether the rate of acceleration indicates a trigger event
`
`which would result in a surcharge or discount during an insurance billing process.
`
`21. (new) The method according to claim 6, further comprising calculating a rate of acceleration
`
`of the vehicle based on the one or more data elements extracted from the at least one sensor,
`
`wherein the step of analyzing, grouping, and storing comprises:
`
`determining by a processor 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 the processor
`
`determining that the rate of acceleration has the preselected relationship to the safety
`standard.
`
`22. (new) The method according to claim 6, 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 by a processor based on the number of
`
`identified excessive or sudden acceleration events.
`
`23. (new) The method according to claim 6, further comprising:
`
`calculating a rate of braking associated with the vehicle based on the one or more data
`
`elements extracted from the at least one sensor", and
`
`using the rate of braking associated with the vehicle by a processor to compute the
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`insurance rating for the vehicle.
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`Page 001615
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`Atty. Docket No. 12741-32
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`Application No. 90/011,252
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`24. (new) The method according to claim 6, further comprising:
`
`calculating a rate of braking associated with the vehicle based on the one or more data
`
`elements extracted from the at least one sensor; and
`
`determining by a processor whether the rate of braking indicates a trigger event which
`
`would result in a surcharge or discount during an insurance billing process.
`
`25. (new) The method according to claim 6, further comprising calculating a rate of braking
`
`associated with the vehicle based on the one or more data elements extracted from the at least
`
`one sensor, wherein the step of analyzing, grouping, and storing comprises:
`
`determining by a processor whether the rate of braking has a preselected relationship
`
`to a predetermined safety standard; and
`
`recording the rate of braking in the first memogg in response to the processor
`
`determining that the rate of braking has the preselected relationship to the safety standard.
`
`26. (new) The method according to claim 6, 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 by a processor based on the number of
`
`identified excessive or sudden braking events.
`
`27. (new) The method according to claim 6, further comprising:
`
`determining speed data associated with the vehicle based on the one or more data
`
`elements‘,
`
`identifying a predetermined speed threshold associated with a location of the vehicle;
`
`comparing the speed data to the predetermined speed threshold to determine whether
`
`the speed data indicates an occurrence of an excessive speed event above the predetermined
`
`speed threshold; and
`
`computing the insurance rating for the vehicle by a processor based on the occurrence
`
`of the excessive speed event.
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`Page 001616
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`Application No. 90/011,252
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`28. (new) The method according to claim 27, further comprising measuring a time duration of
`
`the excessive speed event above the predetermined speed threshold, wherein the step of
`
`computing the insurance rating comprises computing the insurance rating for the vehicle by the
`
`processor based on the time duration of the excessive speed event.
`
`29. (new) The method according to claim 6, further comprising:
`
`determining speed data associated with the vehicle based on the one or more data
`
`elements; and
`
`extracting speed limit data associated with a location of the vehicle from a database;
`
`wherein the step of analyzing, grouping, and storing comprises:
`
`comparing the speed data to the speed limit data by a processor to determine whether
`
`the speed data indicates an occurrence of an excessive speed event above the speed limit data;
`
`m
`
`recording the speed data in the first memory in response to the processor determining
`
`that the speed data indicates an occurrence of an excessive speed event above the speed limit
`
`data.
`
`30. (new) The method according to claim 6, further comprising:
`
`monitoring time of day driving data associated with the vehicle; and
`
`determining by a processor whether the time of day driving data indicates a trigger
`
`event which would result in a surcharge or discount during an insurance billing process.
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`Page 001617
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`Application No. 90/011,252
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`31. (new) The method according to claim 6, further comprising monitoring time of day driving
`
`data associated with the vehicle, wherein the step of analyzing, grouping, and storing
`
`comprises:
`
`determining by a processor whether the time of day driving data has a preselected
`
`relationship to a predetermined safety standard‘, and
`
`recording the time of day driving data in the first memory in response to the processor
`
`determining that the time of day driving data has the preselected relationship to the safety
`
`standard.
`
`32. (new) The method according to claim 6, further comprising:
`
`monitoring time of day driving data associated with the vehicle;
`
`comparing the time of day driving data to a predetermined high risk driving time of day
`
`range to determine whether the time of day driving data indicates an occurrence of a high risk
`
`driving time event‘, and
`
`computing the insurance rating for the vehicle by a processor based on the occurrence
`
`of the high risk driving time event.
`
`33. (new) The method according to claim 32, further comprising measuring a time duration of
`
`the high risk driving time event, wherein the step of computing the insurance rating comprises
`
`computing the insurance rating for the vehicle by the processor based on the time duration of
`
`the high risk driving time event.
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`Page 001618
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`Application No. 90/011,252
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`34. (new) The method according to claim 6, further comprising:
`
`monitoring driving route data associated with the vehicle;
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`comparing the driving route data to a list of predetermined high risk driving locations to
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`determine whether the driving route data indicates an occurrence of a high risk driving location
`
`event; and
`
`computing the insurance rating for the vehicle by a processor based on the occurrence
`
`ofthe high risk driving location event.
`
`35. (new) The method according to claim 6, further comprising:
`
`recording a lateral acceleration ofthe vehicle based on the one or more data elements
`
`extracted from the at least one sensor; and
`
`using the lateral acceleration ofthe vehicle by a processor to compute the insurance
`
`rating for the vehicle.
`
`36. (new) The method according to claim 6, further comprising:
`
`calculating a lateral acceleration of the vehicle based on the one or more data elements
`
`extracted from the at least one sensor; and
`
`determining by a processor whether the lateral acceleration indicates a trigger event
`
`which would result in a surcharge or discount during an insurance billing process.
`
`37. (new) The method according to claim 6, further comprising calculating a lateral acceleration
`ofthe vehicle based on the one or more data elements extracted from the at least one sensor
`
`wherein the step of analyzing, grouping, and storing compgfi
`
`determining by a processor whether the lateral acceleration has a preselected
`
`relationship to a predetermined safety standard; and
`
`recording the lateral acceleration in the first memory in response to the processor
`
`determining that the lateral acceleration has the preselected relationship to the safety
`
`standard.
`
`10
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`Page 001619
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`Application No. 90/011,252
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`38. (new) The method according to claim 6, further comprising adiusting an insurance premium
`
`associated with the vehicle by a processor based on the one or more data elements extracted
`
`from the at least one sensor.
`
`39. (new) The method according to claim 6, further comprising_prospectively setting an
`
`insurance cost or an insurance premium associated with the vehicle by a processor based on
`
`the one or more data elements.
`
`40. (new) The method according to claim 6, further comprising prospectively setting an
`
`insurance cost or an insurance premium associated with the vehicle by a processor based on
`
`the insurance rating.
`
`41. (new) The method according to claim 6, further comprising:
`
`selecting one or more of the one or more data elements by a processor for use to
`
`determine an actuarial class associated with the vehicle‘, and
`
`selecting one or more of the one or more data elements by the processor for use to
`
`determine a surcharge or discount to be applied to a base cost of insurance associated with the
`
`vehicle.
`
`42. (new) The method according to claim 6, wherein the step of analyzing, grouping, and storing
`
`comprises grouping speed data ofthe vehicle in combination with a location ofthe vehicle in a
`
`log of vehicle speed for the location.
`
`43. (new) The method according to claim 6, further comprising communicating information
`
`representative of a trigger event associated with the one or more data elements to a central
`
`control station remote from the vehicle via a communications uplink.
`
`44. (new) The method according to claim 6, further comprising assigning the vehicle to an
`
`insurance actuarial class by a processor based on a measured total driving time of the vehicle
`
`during the data collection period.
`
`11
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`Page 001620
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`45. (new) The method according to claim 6, further comprising assigning the vehicle to an
`
`insurance actuarial class by a processor based on a measured driving time of the vehicle in
`
`predetermined high risk locations during the data collection period.
`
`46. (new) The method according to claim 6, further comprising assigning the vehicle to an
`
`insurance actuarial class by a processor based on a measured driving time of the vehicle at
`
`predetermined high risk times during the data collection period.
`
`47. (new) The method according to claim 6, further comprising:
`
`processing speed data associated with the vehicle based on the one or more data
`
`
`elements extracted from the at least one in—vehic|e sensor‘ and
`
`assigning the vehicle to an insurance actuarial class by a processor based on the speed
`
`data.
`
`48. (new) The method according to claim 6, further comprising:
`
`determining speed limit observation data associated with the vehicle based on the one
`
`
`or more data elements extracted from the at least one sensor' and
`
`assigning the vehicle to an insurance actuarial class by a processor based on the speed
`
`limit observation data.
`
`49. (new) The method according to claim 6, further comprising:
`
`calculating a rate of acceleration of the vehicle based on the one or more data elements
`
`extracted from the at least one sensor‘, and
`
`assigning the vehicle to an insurance actuarial class by a processor based on the rate of
`
`acceleration.
`
`12
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`Page 001621
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`50. (new) The method according to claim 6, further comprising:
`
`calculating a rate of braking associated with the vehicle based on the one or more data
`
`
`elements extracted from the at least one sensor‘ and
`
`assigning the vehicle to an insurance actuarial class by a processor based on the rate of
`
`braking.
`
`51. (new) The method according to claim 6, wherein the step of extracting comprises extracting
`
`the one or more data elements from the at least one sensor by an on—board computer
`
`comprising a processor and computer memogg.
`
`52. (new) The method according to claim 6, wherein the step of extracting comprises
`
`communicating the one or more data elements to a computer through an on—board diagnostics
`
`(OBD) connector of the vehicle.
`
`53. (new) The method according to claim 6! wherein the step of extracting comprises
`
`monitoring a physical operation of the vehicle through at least one in-vehicle sensor in
`
`operative connection with a data bus of the vehicle.
`
`54. (new) The method according to claim 6, wherein the step of extracting comprises:
`
`extracting a first data element from a power train sensor coupled with the vehicle;
`
`extracting a second data element from an in-vehicle electrical sensor coupled to the
`
`vehicle; and
`
`extracting a third data element from an in-vehicle body sensor coupled with the vehicle.
`
`55. (new) The method according to claim 6, further comprising:
`
`analyzing the one or more data elements to determine whether the one or more data
`
`elements comprise a trigger event; and
`
`transmitting a location of the vehicle by an on-board computer to a remote control
`
`center in response to determining that the one or more data elements comprise the trigger
`
`event.
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`13
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`56. (new) The method according to claim 6; further comprising:
`
`detecting a non-use of turn signals by a driver ofthe vehicle based on the one or more
`
`data elements;
`
`recording the detected non-use ofthe turn signals by the driver in computer memory;
`
`§n_d
`
`computing an insurance surcharge for the vehicle by a processor based on the detected
`
`non-use of the turn signals by the driver.
`
`57. (new) The method according to claim 6; further comprising:
`
`detecting an application of an anti—lock braking system of the vehicle based on the one
`
`or more data elements extracted from the at least one sensor;
`
`recording the detected anti—lock braking system application in computer memory; and
`
`computing an insurance surcharge for the vehicle by a processor based on the detected
`
`anti—lock braking system application.
`
`58. (new) The method according to claim 6, further comprising:
`
`monitoring the one or more data elements for a predetermined incident condition;
`
`remaining in a data collection loop in response to determining that the one or more
`
`data elements fail to meet the predetermined incident condition; and
`
`recording a snapshot ofthe one or more data elements in response to determining that
`
`the one or more data elements meet the predetermined incident condition.
`
`59. (new) The method according to claim 6; further comprising:
`
`acguiring a vehicle sensor record file associated with the vehicle by a central billing
`
`computer system remote from the vehicle;
`
`acguiring a trigger event response file associated with the vehicle by the central billing
`
`computer system; and
`
`consolidating the vehicle sensor record file with the trigger event response file into a
`
`consolidated usage data file by the central billing computer system.
`
`14
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`60. (new) The method according to claim 59, further comprising:
`
`processing, by the central billing computer system, the consolidated usage data file and
`
`an insured profile associated with the vehicle against an insurance surcharge or discount
`
`algorithm file; and
`
`adjusting available insurance surcharges or discounts for the vehicle based on usage
`
`patterns reflected in the consolidated usage data file.
`
`61. (new) The method according to claim 6, further comprising setting an insurance cost or an
`
`insurance premium associated with the vehicle by a processor based on the insurance rating.
`
`62. (new) The method according to claim 6, further comprising generating an insurance cost
`
`based on the insurance rating for the vehicle for the data collection period, where the preset
`
`values comprise a safety standard value or other actuarial standard value.
`
`63. (new) The method according to claim 62, further comprising:
`
`comparing a plurality of data elements to the safety standard value or the actuarial
`
`standard value to generate the insurance cost, where the one or more data elements comprise
`
`the plurality of data elements.
`
`64. (new) The method according to claim 63 where the insurance cost can be for a prospective
`
`or retrospective basis.
`
`65. (new) The method according to claim 6, further comprising generating an initial vehicle
`
`operator profile and an initial insured profile.
`
`66. (new) The method according to claim 6, further comprising:
`
`identi
`
`in
`
`road condition data associated with a ath ofthe vehicle based on the one or
`
`more data elements extracted from the at least one sensor; and
`
`processing the road condition data through a processor to compute the insurance rating
`
`for the vehicle.
`
`15
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`Page 001624
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`V Atty. Docket No. 12741-32
`Application No. 90/011,252
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`67. (new) The method according to claim 6, further comprising:
`
`identifying traffic condition data associated with a path ofthe vehicle based on the one
`or more data elements extracted from the at least one sensor" and
`
`processing the traffic condition data by a processor to compute the insurance rating for
`
`the vehicle.
`
`68. (new) The method according to claim 6, further comprising:
`
`calculating a distance traveled by the vehicle based on the one or more data elements
`
`extracted from the at least one sensor;
`
`determining speed data associated with the vehicle based on the one or more data
`
`elements;
`
`recording a rate of change in vehicle speed with respect to time based on the one or
`
`
`more data elements extracted from the at least one sensor" and
`
`processing the distance traveled, the rate of change in vehicle speed with respect to
`
`time, and the speed data by a processor to compute the insurance rating for the vehicle.
`
`69. (new) The method according to claim 68, further comprising:
`
`monitoring time of day driving data associated with the vehicle‘, and
`
`processing the time of day driving data through the processor to compute the insurance
`
`rating for the vehicle.
`
`16
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`Page 001625
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`
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`Atty. Docket No. 12741-32
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`Application No. 90/011,252
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`70. (new) A method of monitoring a human controlled power source driven vehicle, the method
`
`comprising:
`
`extracting and storing in a vehicle a plurality of data elements from a plurality of in-
`
`vehicle sensors wherein the plurality of data elements are generated by an operating state of
`
`the vehicle and the at least one human's actions during a data collection period;
`
`analyzing, grouping, and storing the plurality of data elements as group data values in a
`
`first memory related to a predetermined group of risk assessment elements during the data
`
`collection period;
`
`correlating the group data values to preset insurance values in a second memory and
`
`generating an output data value based on the correlation; and
`
`computing an insurance rating for the vehicle for the data collection period based on
`
`the output data value.
`
`71. (new) The method of claim 70 further comprising generating a plurality of dynamic actuarial
`
`classes that change relative to the data being extracted and stored, where the insurance rating
`
`is based on the application ofthe dynamic actuarial classes.
`
`72. (new) The method of claim 70 where the act of correlating the group data values to preset
`
`insurance values comprises consolidating the group data values with selected actuarial classes
`
`indicative of a degree of safety of operation ofthe vehicle.
`
`73. (new) The method of claim 72 where the selected actuarial classes are based in part on
`
`actual driving characteristics of vehicles and human actions that were previously extracted and
`
`stored in a plurality of vehicles from a plurality of in—vehicle sensors, and where the actual
`
`driving characteristics are generated by operating states of vehicles and human actions.
`
`17
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`Page 001626
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`Atty. Docket No. 12741-32
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`Application No. 90/011,252
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`REMARKS
`
`Patentee waives its right to file a patent owner statement under 37 CFR 1.530(b) and 35
`
`U.S.C. 304. However, prior to a first office action in the above-identified reexamination, please
`
`amend the claims under 37 CFR 1.530(d), as indicated above. Upon entry of this Amendment,
`
`claims 1-73 are pending in the reexamination. No new matter has been added, as described
`
`below:
`
`New claim 16 is fully supported by the description in the specification (e.g., col. 3, line
`
`61 to col. 4, line 15; col. 8, lines 39-52; col. 12, lines 7-25).
`
`New claim 17 is fully supported by the description in the specification (e.g., col. 8, lines
`
`39-52; col. 11, lines 42-61).
`
`New claim 18 is fully supported by the description in the specification (e.g., col. 8, lines
`
`39-52; col. 11, lines 42-61).
`
`New claim 19 is fully supported by the description in the specification (e.g., col. 3, lines
`
`45-50; col. 6, line 41; col. 5, lines 27 - 32; col. 8, line 1; col. 8, lines 51-52; col. 4, line 46;
`
`abstract; col. 3, line 61 to col. 4, line 10; col. 5, lines 34-43; col. 6, lines 9-31).
`
`New claim 20 is fully supported by the description in the specification (e.g., col. 6, line
`
`41; col. 8, line 1; col. 8, lines 51-52; col. 4, lines 11-14; col. 4, line 46; col. 8, line 61 to col. 9, line
`
`33).
`
`New claim 21 is fully supported by the description in the specification (e.g., col. 6, line
`
`41; col. 8,