Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`“broadcast[ing] a message to a dispatcher or controller at a remote site who is responsible for
`
`ensuring the safety of driver and vehicle” in certain conditions. Id. at Col. 31:55-59.
`
`254. As discussed above, supra at Section IIl.C(3), one of ordinary skill in the
`
`art at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`disclose each element of claim 7. The following claim chart demonstrates, in further detail, how
`
`each element is disclosed by this combination.
`
`
`
`..,'.,.,,.
`
`W3es5"aft"'5:2. 5. $CD3 oF‘! "Uaa-3CD-1Z(D5
`Q As discussed in the claim chart above, the combination of
`Bouchard and Pettersen discloses the method according to
`claim 6.
`
`E
`
`~7 F F F F F F F F F F F F F F F F F F F F F F F F F F F F
`
`7. 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,
`
`EE
`\ where if the determination is positive,
`‘ correlating the one or more data elements to one
`. or more types of triggering events stored in a
`I third memory;
`
`E EEE EEE EEE EEE EEE EK
`
`,
`ttIlt/
`
`.,/.,,,.,,..,,.,,,.,,
`
`,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,1.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,.
`
`Bouchard discloses preset threshold values that indicate
`trigger events at 27:39-52:
`“[R]ecording to a page other than the current page may be
`triggered by an unusual event, such as a vehicle operational or
`performance value exceeding a preset threshold value, or an
`accident. For instance, it may be desirable to record drive train
`sensor values only if one or more values, such as engine
`temperature, exceed a threshold value. As another example,
`such recording may be triggered by an unusual condition that
`may indicate an accident, such as a sudden acceleration or
`deceleration, sudden application of the brakes, activation of
`an air bag, etc. Recording can also be triggered manually.
`Recording such information on a separate page in memory, and
`only upon being triggered by a particular event, permits
`capturing data for later analysis of vehicle and/or driver
`performance.”
`
`Bouchard discloses deciding whether to emit a warning
`based on determining whether data elements indicate a
`trigger event at 24:17-21:
`“Ifa danger is present, the microcontroller 510 activates an
`appropriate visual and/or audio warning. The level of the
`danger is preferably determined based upon brake lag, brake
`rate, vehicle speed, closing rate, target distance, and the
`reaction time of the operator.”
`Bouchard discloses correlating the data elements to hazard
`levels at 24:33-37 :
`
`“[T]he color of the lights change from green to yellow to red,
`respectively, as the level of the danger increases. The audio
`warning unit 606 includes a sound generator that emits an
`audible beep or warble if the hazard level exceeds a threshold
`level.”
`
`..........,..........,..........,..........,..........,..........4.........,..........,..........,..........,..........,..........,..........,..........,..........,..........,..........,..........,..........,..
`
`One ofordinary skill would have understood Bouchard ’s
`disclosure to teach that the preset threshold values
`representing such diyferent types (levels) oftrigger events are
`tored in a third memory or region ofmemory separatefrom
`
`
`
`-155-
`
`Page 002865
`
`

`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`
` roup data values stored in thefirst memory or region of
`memory and the normal driving standards stored in the second
`memory or region ofmemory so that they can be compared
`with each other.
`
`
`
`.,,..,,.,,,.,,..,,.,,,./
`
`and, storing and transmitting a signal
`corresponding to the determined triggering
`event to a receiving system.
`
`5 Bouchard discloses storing information based upon specific
`triggers at 27:44-52:
`“As another example, such recording may be triggered by an
`§ unusual condition that may indicate an accident, such as a
`sudden acceleration or deceleration, sudden application of the
`3 brakes, activation of an air bag, etc. Recording can also be
`triggered manually. Recording such information on a separate
`page in memory, and only upon being triggered by a particular
`Q event, permits capturing data for later analysis of vehicle and/or
`driver performance.”
`
`Bouchard discloses alerting a dispatcher or recording the
`event at 31:41-46:
`“In the step 1806, as previously noted, the data from the steps
`Q 1803, 1804, and 1805 is compared to the recent driver history
`using statistical criteria. Thepossible consequences, as
`3 determined in the step 1808 include alerting the driver, a
`dispatcher, shutting down or limiting the operation of the
`vehicle, and event recording.”
`
`Bouchard discloses broadcasting a message to a dispatcher
`3 about the triggered event at 31:41-46:
`“In the illustrated embodiment of the present invention, if the
`driver is not performing at the required level at the end of the
`predetermined period, the microcontroller broadcasts a message
`to a dispatcher or controller at a remote site who is responsible
`.._\.._......_\.._......_\.._......_......_\.._......_\.._......_\.._.._\.._...._._\.._......_\..__.._..__l...._\.._...._._\.._.....
`\.._.._\..__....._\ _......_\.._......_\....._\.._......_\.._......_\.._.._\.._......_\.._......_\.._.......\.x
`' or ensuring the safety of the driver and vehicle.”
`
`(h)
`
`Dependent Claim 8
`
`255. An overview of the reasons for rejection of claim 8 in light of Bouchard in
`
`View of Pettersen is set forth below. A more detailed explanation is provided in the claim chart
`
`included at the end of this section.
`
`256.
`
`Claim 8 is reproduced below, with labels added in brackets for the purpose
`
`of referencing the claim elements in the following analysis.
`
`For the sake of comparison,
`
`dependent claim 7 is also provided below. It is readily seen that various elements are essentially
`
`identical to corresponding elements in method claim 7.
`
`Claim 7
`
`Claim 8
`
`-156-
`
`Page 002866
`
`

`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`[7. l] The method according to claim 6,
`further including the steps of:
`determining if the one or more data
`elements indicate one or more
`
`[8. l] 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
`predetermined triggering events, where
`if the determination is positive,
`if the determination is positive,
`correlating the one or more data
`correlating the one or more data
`elements to one or more types of
`elements to one or more types of
`triggering events stored in a third
`triggering events stored in a third
`memory; and,
`memory; and,
`storing Q transmitting a signal
`storing @ transmitting a signal
`corresponding to the determined
`corresponding to the determined
`
`
`erin event to a receivin s stem.tri erin event to a receivin s stem. tri
`
`
`[8,2]
`
`[7.2]
`
`257. Accordingly, the analysis for elements [8.l] and [8.2] is essentially the
`
`same as that provided above for elements [7.l] and [7.2], respectively. Element [8.2] recites
`
`“storing or transmitting” information while element [7.2] recites “storing and transmitting.”
`
`Accordingly, the analysis for narrower element [7.2] is the same for element [8.2].
`
`258. As discussed above, supra at Section IlI.C(3), one of ordinary skill in the
`
`art at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`disclose each element of claim 8. The following claim chart demonstrates, in further detail, how
`
`each element is disclosed by this combination.
`.......................................................................................................................................................................................................................................................
`
`
`§
`
`. The method according to claim 6, further
`including the steps of:
`
`As discussed in the claim chart above, the combination of
`Bouchard and Pettersen discloses the method according to
`
`
`
`determining if the one or more data elements
`indicate one or more predetermined triggering
`events,
`
`‘
`
`Bouchard discloses preset threshold values that indicate
`trigger events at 27:39-52:
`“[R]ecording to a page other than the current page may be
`triggered by an unusual event, such as a vehicle operational or
`performance value exceeding a preset threshold value, or an
`accident. For instance, it may be desirable to record drive train
`sensor values only if one or more values, such as engine
`temperature, exceed a threshold value. As another example,
`such recording may be triggered by an unusual condition that
`may indicate an accident, such as a sudden acceleration or
`deceleration, sudden application of the brakes, activation of an
`air bag, etc. Recording can also be triggered manually.
`Recording such information on a separate page in memory, and
`only upon being triggered by a particular event, permits
`capturing data for later analysis of vehicle and/or driver
`performance.”
`......................................................................................................................................................................................................................................................
`
`,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,./;,.,,,.,,..,,.
`
`Page 002867
`
`

`
`§ 3 S S S S S S S S S S
`
`§ 3 S S S S S S S S S S S 3
`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`
`\\
`
`0110
`
`
`W
`lg
`‘
`lscoses ecllgwe e 0e
`t\
`based on determining whether data elements indicate a
`t\
`trigger event at 24:17-21:
`, “If a danger is present, the microcontroller 510 activates an
`appropriate visual and/or audio warning. The level of the
`danger is preferably determined based upon brake lag, brake
`rate, vehicle speed, closing rate, target distance, and the reaction
`\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
`time of the operator.”
`‘ Bouchard discloses correlating the data elements to hazard
`levels at 24:33-37:
`“[T]he color of the lights change from green to yellow to red,
`respectively, as the level of the danger increases. The audio
`Warning unit 606 includes a sound generator that emits an
`audible beep or warble if the hazard level exceeds a threshold
`level.”
`
`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;
`
`a
`
`and, storing or transmitting a signal
`corresponding to the determined triggering
`event to a receiving system.
`
`One ofordinary skill would have understood Bouchard ’s
`disclosure to teach that the preset threshold values representing
`such dififerent types (levels) oftrigger events are implemented in
`\ a distinct third memory or region ofmemory to remain separate
`i from group data values in a first memory or region ofmemory
`‘ and the normal driving standards implemented in second
`memory or region ofmemory so that they can be compared with
`each other.
`
`, Bouchard discloses storing information based upon specific
`§ triggers at 27:44-52:
`2 “As another example, such recording may be triggered by an
`i unusual condition that may indicate an accident, such as a
`I sudden acceleration or deceleration, sudden application of the
`i brakes, activation of an air bag, etc. Recording can also be
`triggered manually. Recording such information on a separate
`i page in memory, and only upon being triggered by a particular
`event, permits capturing data for later analysis of vehicle and/or
`driver performance.”
`
`Bouchard discloses alerting a dispatcher or recording the
`event at 31:41-46:
`“In the step 1806, as previously noted, the data from the steps
`1803, 1804, and 1805 is compared to the recent driver history
`using statistical criteria. Thepossible consequences, as
`determined in the step 1808 include alerting the driver, a
`dispatcher, shutting down or limiting the operation of the
`vehicle, and event recording.”
`
`Bouchard discloses broadcasting a message to a dispatcher
`2 about the triggered event at 31:41-46:
`“In the illustrated embodiment of the present invention, if the
`§ driver is not performing at the required level at the end of the
`2 predetermined period, the microcontroller broadcasts a message
`to a dispatcher or controller at a remote site who is responsible
`22 2 22 2 22 2 22 22 2 22 2 22 22 2 22 2 22 2 2,,2 22 2 22 2 22 22 2 22 2 22 2 22 22 2 22 2 22 22 2 22 2 22 2 22
`K for ensuring the safety of the driver and vehicle.”
`
`-158-
`
`Page 002868
`
`

`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`(i)
`
`Dependent Claim 10
`
`259. An overview of the reasons for rejection of claim 10 in light of Bouchard
`
`in view of Pettersen is set forth below. A more detailed explanation is provided in the claim
`
`chart included at the end of this section.
`
`260. Dependent claim 10 recites that “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.” As discussed above, supra
`
`at Section III.C(3), one of ordinary skill in the art at the time would have been motivated to
`
`combine Bouchard and Pettersen, which together disclose the method according to claim 6.
`
`261. Bouchard teaches that unusual conditions that could affect the driver’s
`
`safety. Ex. G at Col. 27:44-52. Bouchard gives the example of an accident condition, triggered
`
`by “a sudden application of the brakes [or] activation of an air bag.” Id. Bouchard also discloses
`
`safety standards such as “normal driving standards” and “the driver’s past performance.” Id. at
`
`Col. 5:20-25. Finally, Bouchard discloses preset hazard levels that trigger alerts for the drivers.
`
`Id. at Col. 24:33-37. Data elements can trigger increasing hazard levels depending on the level
`
`of danger as calculated by the Bouchard system.
`
`Id. Pettersen teaches that insurance companies
`
`could give “careful” drivers, based on monitored behavior, bonuses against their insurance costs
`
`for the monitored period. Ex. H at 1. Pettersen therefore would have motivated someone of skill
`
`in the art to use Bouchard’s preset safety values and measured values in outputting an insurance
`
`cost based on a standard (pre-bonus) insurance charge and any applicable bonuses.
`
`262. As discussed above, supra at Section III.C(3), one of ordinary skill in the
`
`art at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`disclose each element of claim 10. The following claim chart demonstrates, in further detail,
`
`how each element is disclosed by this combination.
`
`-159-
`
`Page 002869
`
`

`
`
`
`10. The method according to claim 6, further
`comprising the steps of:
`.............................................................................................................
`using safety or other actuarial standard values as
`3 the preset values;
`‘
`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`Ws:5n5"M-1:2. 5. S.0€
`cs‘"1 "Uas§-1U5995
`\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
`As discussed in the claim chart above, the combination of
`Bouchard and Pettersen discloses the method according
`...........................................................................................................
`Bouchard discloses determining a relationship with
`normal driving standards at 5:20-25:
`“The present invention operates by monitoring conditions
`external to a driver of a motor vehicle. Each of the conditions
`monitored are used to make a determination as to whether
`the driver is performing in conformity with normal driving
`standards and the driver’s past performance.”
`
`Pettersen discloses a system similar to that of Bouchard
`for monitoring vehicle sensors and discloses outputting a
`bonus value to adjust the insurance cost, at 1:
`“Recording of the driving pattern of a motor vehicle may be
`of interest for car owners as well as car insurance companies.
`The car insurance companies may fit the motor vehicles of
`their policy holders with the apparatus and read the same at
`equal intervals. 0n the basis ofthese readings, the company
`may e.g. set a morefair bonus arrangement, i.e. that policy
`holders having a “careful” driving pattern — low speeds and
`low accelerations - may be allotted a higher bonus.”
`
`By disclosing “a morefair bonus arrangement” Pettersen
`teaches rewarding a driverfor monitored behavior with a
`bonus or rebate against insurance charges for that
`monitoredperiod. This is confirmed by the common
`understanding of “bonus ” as including at least a possible
`reward based on pastpeiformance, as one ofordinary skill
`would have reco nized at the time.
`
`and, generating an adjusted insurance cost as the
`output data value.
`
`i
`Q
`
`i
`
`f
`
`l l l l l
`
`(j)
`
`Dependent Claim 11
`
`263. An overview of the reasons for rejection of claim 11 in light of Bouchard
`
`in View of Pettersen is set forth below. A more detailed explanation is provided in the claim
`
`chart included at the end of this section.
`
`264. Dependent claim 11 recites that “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 insurance
`
`-160-
`
`Page 002870
`
`0.,".,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,/.,,..,,.,,,.,,..,,
`,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.;
`
`.
`
`i i i i i
`
`Q i i §
`
`Bouchard discloses using hazard levels as preset values at
`24:33-37:
`“[T]he color of the lights change from green to yellow to red,
`respectively, as the level of the danger increases. The audio
`warning unit 606 includes a sound generator that emits an
`audible beep or warble if the hazard level exceeds a
`threshold level.”
`‘ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\..
`~
`
`

`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`cost.” As discussed above, supra at Section III.C(3), one of ordinary skill in the art at the time
`
`would have been motivated to combine Bouchard and Pettersen, which together disclose the
`
`method according to claim 10.
`
`265. Among the data elements that Bouchard monitors are time of day, Ex. G at
`
`Col. 30:19-22, geographic position, id. at Col. 9:39-47, and speed, id. at Col. 30:29-35. Figure
`
`18, supra, illustrates the steps Bouchard teaches in analyzing vehicle and driver behavior. In the
`
`figure, location of vehicle operation is reflected in “driving environment” in step 1801, time is
`
`represented in “time of day” in step 1802, and “speed” is incorporated in step 1803. The data
`
`from these steps is combined and stored in a log, or “driver history,” in step 1807.
`
`Id. at Col.
`
`31:36-38. The data from these steps is combined and analyzed to determine whether the driver
`
`is driving safely.
`
`Id. at Col. 31:24-35. Pettersen teaches that insurance companies could give
`
`“carefiil” drivers, based on monitored behavior, bonuses against their insurance costs for the
`
`monitored period. Ex. H at l. Pettersen therefore would have motivated someone of skill in the
`
`art to use Bouchard’s preset safety values and measured values in outputting an insurance cost
`
`based on a standard (pre-bonus) insurance charge and any applicable bonuses.
`
`266. As discussed above, supra at Section III.C(3), one of ordinary skill in the
`
`art at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`disclose each element of claim 11. The following claim chart demonstrates, in further detail,
`
`how each element is disclosed by this combination.
`
`
`
`
`11. The method according to claim 10, further
`As discussed in the claim chart above, the combination of
`:
`comprising the steps of:
`Bouchard and Pettersen discloses the method according to 5
`§.u..u..u.u..u..u.u..u..u.u..u.u..u..u.u.....................................u.....u..u.....«......................................................................................................................................-
`
`-161-
`
`Page 002871
`
`

`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`§.............................................................................................................\........................................................................................................................................
`
`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 insurance cost.
`
`Bouchard discloses monitoring location at 9:39-47; 11:1-2:
`“Additional information can be obtained by providing other
`93
`sensors, such as .
`.
`. geographic positioning information
`.
`.
`.
`.
`
`Bouchard discloses monitoring time at 30:19-22:
`“In addition to classifying the environment, certain time
`factors are classified (STEP 1802). The time factors include
`time o‘[:d‘aJg“gmoming“nadir, aftemoon nadir, or other) .
`.
`. .”
`
`(k)
`
`Dependent Claim 12
`
`267. An overview of the reasons for rejection of claim 12 in light of Bouchard
`
`in View of Pettersen is set forth below. A more detailed explanation is provided in the claim
`
`chart included at the end of this section.
`
`268. Dependent claim 12 recites that “The method according to claim 11
`
`wherein.‘ the adjusted insurance cost can be for a prospective or retrospective basis.” As
`
`discussed above, supra at Section III.C(3), one of ordinary skill in the art at the time would have
`
`been motivated to combine Bouchard and Pettersen, which together disclose the method
`
`according to claim ll.
`
`269.
`
`Pettersen teaches that insurance companies could give “careful” drivers,
`
`based on monitored behavior, bonuses against their insurance costs for the monitored period.
`
`Ex. H at 1. By rewarding drivers with a bonus, Pettersen discloses a retrospective insurance cost
`
`for driving behavior during the monitored time period. Pettersen therefore would have motivated
`
`someone of skill in the art to use Bouchard’s preset safety values and measured values in
`
`outputting an retrospective insurance cost based on a standard (pre-bonus) insurance charge and
`
`any applicable bonuses.
`
`270. As discussed above, supra at Section III.C(3), one of ordinary skill in the
`
`art at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`-162-
`
`Page 002872
`
`

`
`disclose each element of claim 12. The following claim chart demonstrates, in further detail,
`
`how each element is disclosed by this combination.
`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`
`
`
`
`N12. The method according to claim 11 wherein:
`discussed in the claim chart above, the combination of”
`Bouchard and Pettersen discloses the method according to
`
`,.,,..,,.,,,.,,../,.uni
`
`Pettersen discloses a system similar to that of Bouchard
`for monitoring vehicle sensors and discloses generating an
`adjusted insurance cost based on monitored data elements
`at 1:
`
`“Recording of the driving pattern of a motor vehicle may be
`of interest for car owners as well as car insurance companies.
`The car insurance companies may fit the motor vehicles of
`their policy holders with the apparatus and read the same at
`equal intervals. 0n the basis ofthese readings, the company
`may e.g. set a morefair bonus arrangement, i.e. that policy
`holders having a “careful” driving pattern — low speeds and
`low accelerations - may be allotted a higher bonus.”
`
`By disclosing “a more fair bonus arrangement” Pettersen
`teaches rewarding a driverfor monitored behavior with a
`bonus or rebate against insurance charges for that monitored
`period, resulting in an adjusted insurance cost. This is
`confirmed by the common understanding of “bonus ” as
`including at least apossible reward based on past
`performance, as one ofordinary skill would have recognized
`
`.,,.a,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,,,.,,..,,.,»
`
`KK
`;
`
`ttK EttKtKttKtKttKtKttKtKttKtKttKtKttKtKttKtKttKtKttKtKttKtK
`
`: the adjusted insurance cost can be for a
`prospective or retrospective basis.
`
`(1)
`
`Dependent Claim 13
`
`271. An overview of the reasons for rejection of claim 13 in light of Bouchard
`
`in view of Pettersen is set forth below. A more detailed explanation is provided in the claim
`
`chart included at the end of this section.
`
`272. Dependent claim 13 recites that “The method according to claim 6, further
`
`comprising the steps of‘ using safety or other actuarial standard values as the preset values;
`5
`and, generating an adjusted underwriting cost as the output data value.’ As discussed above,
`
`supra at Section III.C(3), one of ordinary skill in the art at the time would have been motivated
`
`to combine Bouchard and Pettersen, which together disclose the method according to claim 6.
`
`-163-
`
`Page 002873
`
`

`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`273. Bouchard teaches that unusual conditions could affect the driver’s safety.
`
`Ex. G at Col. 27:44-52. Bouchard gives the example of an accident condition, triggered by “a
`5
`
`sudden application of the brakes [or] activation of an air bag.’
`
`Ia’. Bouchard also discloses
`
`safety standards such as “normal driving standards” and “the driver’s past performance.” Id. at
`
`Col. 5:20-25. Finally, Bouchard discloses preselected hazard levels that trigger alerts for the
`
`drivers.
`
`Id. at Col. 24:33-37. Data elements can trigger increasing hazard levels depending on
`
`the level of danger.
`
`Id. Pettersen teaches that insurance companies could give “careful” drivers,
`
`based on monitored behavior, bonuses against their insurance costs for the monitored period.
`
`Ex. H at
`
`l. Pettersen therefore would have motivated someone of skill in the art to use
`
`Bouchard’s preset safety values and measure values in outputting an insurance cost based on a
`
`standard (pre-bonus) insurance charge and any applicable bonuses. Furthermore, a person of
`
`ordinary skill in the art would have understood that determining an insurance cost would entail
`
`determining an underwriting cost.
`
`274. As discussed above, supra at Section III.C(3), one of ordinary skill in the
`
`art at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`disclose each element of claim 13. The following claim chart demonstrates, in further detail,
`
`how each element is disclosed by this combination.
`
`
`......................................Qtlirigriéré............................................................................................................\
`.......................................\
`13. The method according to claim 6, further
`As discussed in the claim chart above, the combination of
`comprising the steps of:
`Bouchard and Pettersen discloses the method according
`i................................................................................................................
`.........................................................................................................
`using safety or other actuarial standard values as the Bouchard discloses determining a relationship with
`preset values;
`normal driving standards at 5:20-25:
`“The present invention operates by monitoring conditions
`external to a driver of a motor vehicle. Each of the conditions
`monitored are used to make a determination as to whether
`the driver is performing in conformity with normal driving
`standards and the driver’s past performance.”
`
`‘
`
`‘
`
`:
`
`Bouchard discloses using hazard levels as preset values at
`24:33-37:
`
`.................................................................................................................
`
`-164-
`
`Page 002874
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`

`
`
`respec ive y, as
`6 CV6 0
`6 anger 1I1C1‘€aSCS.
`C au 10
`warning unit 606 includes a sound generator that emits an
`audible beep or warble if the hazard level exceeds a
`threshold level.”
`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`and, generating an adjusted underwriting cost as the
`output data value.
`
`Pettersen discloses a system similar to that of Bouchard
`for monitoring vehicle sensors and discloses outputting a
`bonus value, which serves as an insurance cost, at 1:
`“Recording of the driving pattern of a motor vehicle may be
`of interest for car owners as well as car insurance companies.
`The car insurance companies may fit the motor vehicles of
`their policy holders with the apparatus and read the same at
`equal intervals. 0n the basis ofthese readings, the company
`may e.g. set a morefair bonus arrangement, i.e. that policy
`holders having a “careful” driving pattern — low speeds and
`low accelerations - may be allotted a higher bonus. By that
`very fact that the policy holders know that their driving
`pattern is being controlled and recorded, many will be
`stimulated to change their driving pattern; this will again
`reduce driving speed, number of accidents, and consequently
`also the size of the disbursements from the insurance
`
`companies.”
`
`By disclosing “a morefair bonus arrangement” Pettersen
`teaches rewarding a driverfor monitored behavior with a
`bonus or rebate against insurance charges for that
`monitored period, resulting in an adjusted insurance cost.
`This is confirmed by the common understanding of "bonus ”
`as including at least a possible reward based on past
`performance, as one ofordinary skill would have recognized
`at the time.
`
`4
`
`..,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,..,,.....,,7","?
`
`Aperson ofordinaiy skill in the art would have understood
`that determining an insurance cost would entail determining
`. \\\\\\\\\\\\\\\x\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
`3 an underwriting cost.
`
`(In)
`
`Dependent Claim 14
`
`275.
`
`An overview of the reasons for rejection of claim 14 in light of Bouchard
`
`in view of Pettersen is set forth below. A more detailed explanation is provided in the claim
`
`chart included at the end of this section.
`
`276. Dependent claim 14 recites that “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.” As discussed above, supra at Section lIl.C(3), one of ordinary skill in the art
`
`-165-
`
`Page 002875
`
`

`
`Re quest for Ex Parte Reexamination
`U.S. Patent No. 6,064,970
`
`at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`disclose the method according to claim 13.
`
`277. Among the data elements that Bouchard monitors are time of day, Ex. G at
`
`Col. 30:19-22, geographic position, id. at Col. 9:39-47, and speed, id. at Col. 30:29-35. Figure
`
`18, supra, illustrates the steps Bouchard teaches for analyzing vehicle and driver behavior.
`
`In
`
`the figure, location of vehicle operation is reflected in “driving environment” in step 1801, time
`
`is represented in “time of day” in step 1802, and “speed” is incorporated in step 1803. The data
`
`from these steps is combined and analyzed to determine whether the driver is driving safely.
`
`Id.
`
`at 31224-3 5.
`
`278. As discussed above, supra at Section I1I.C(3), one of ordinary skill in the
`
`art at the time would have been motivated to combine Bouchard and Pettersen, which together
`
`disclose each element of claim 14. The following claim chart demonstrates, in further detail,
`
`how each element is disclosed by this combination.
`
`r~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--
`
`14. The method according to claim 13, further
`As discussed in the claim chart above, the combination of
`comprising the steps of:
`Bouchard and Pettersen discloses the method according
`.............................................................................................................
`..................................................................................................