Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 140
`
`indication of a trigger event which would result in a surcharge or discount during an insurance
`
`billing process. Therefore, and in light of MPEP 2258, the steps of this claim are additionally
`
`unclear (e. g. Does the claim language at its broadest reasonable interpretation require the steps of
`
`the instant claim to comprise steps in addition to the steps of claim 6, e. g. the extracting step or
`
`the analyzing step, or not? Does the claim language at its broadest reasonable interpretation
`
`require a “trigger event”, i.e. which would result in a surcharge or discount during an insurance
`
`billing process, which is determined from e_t data element to cause the transmitting step as a
`
`response or not?) Accordingly, for purposes of examination, the steps of this claim will either be
`
`considered 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 analyzing of the data elements to determine
`
`whether at least one comprise a “trigger event” and the transmitting step in addition to the steps
`
`of claim 6.
`
`Claim 56:
`
`This claim also requires in addition to the method of claim 6, (i.e. “extracting one or
`
`more data elements from at least one sensor wherein the one or more elements are of at least one
`
`operating state of the vehicle and the at least one human's actions during a data collection period;
`
`analyzing, grouping, and s_t_c_)_rQg the one or more data elements as group data values in afirst
`
`memory related to a predetermined group of elements; and, correlating the group data values to
`
`' preset values in a second memory and generating an output data value based on the correlation
`
`wherein the output data value is used to compute an insurance rating for the vehicle FOR [sic]
`
`the data collection period” (emphasis added)), the steps of detecting a non-use of turn signals
`
`Page 000889
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 141
`
`by a driver of the vehicle based on t_l1e_ one or more data elements, recording the detected non-
`
`use of the turn signals by the driver in computer memory and computing an insurance
`
`surcharge for the vehicle by a processor based on tfi detected non-use of the turn signals by
`
`the driver. Patent Owner relies upon, e.g., ‘‘col. 9, line 60 to col. 8, line 8” [sic], col. 6, lines 29-
`
`38, and col. 7, lines 35-38 of the ‘970 Patent for support, see pages 18-24 of the 1-26-11
`
`amendment. Note again 37 CFR 530(e). See the discussion of similar using to compute or
`
`computing steps or similar recording steps supra with regard to claims 22 and 26. Such
`
`discussion also applies here. M portions Q describe safety equipment used such as turn
`
`signals being “data” which can be monitored and recorded, see col. 6, lines 29-38, raw data
`
`elements including a turn signal indicator electrical sensor, see col. 7, lines 35-38 and recorded
`
`trigger events including non-use of turn signals the low use of which could result in surcharge
`
`but gig; describe such recording or resulting surcharge as steps in addition to steps of a
`
`method as claimed in claim 6, e.g. an extracting or analyzing step and a correlating and
`
`generating step as claimed in claim 6, nor use of the detected non-use to compute the surcharge
`
`by “a processor. Therefore, and in light of MPEP 2258 and the reasons discussed with regard to
`
`claims 22 and 26, the steps of this claim are additionally unclear (e;g. Does the claim language at
`
`its broadest reasonable interpretation require the steps of the instant claim to comprise steps in
`
`addition to the steps of claim 6, e. g. the extracting step or the analyzing step and the correlating
`
`and generating step, respectively, or not? Does the claim language at its broadest reasonable
`
`interpretation require the detected non-use be identified as a “trigger event”? See also discussion
`
`of clarity of the terminology “a processor” supra again.). Accordingly, for purposes of
`
`examination, the steps of this claim will either be considered to comprise steps in addition to the
`
`Page 000890
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`'
`
`Page 142
`
`steps of claim 6 or the extracting step and the analyzing step of claim 6 will be considered to
`
`comprise the detecting and recording of non-use steps of this claim regardless of a determination
`
`of it being a “trigger event” and a computer memory which can be the first memory and the
`
`correlating and generating step of claim 6 will be considered to comprise the computing step of
`
`this claim. See also discussion of clarity of the terminology “a processor” supra again.
`
`Claim 57:
`
`This claim also requires in addition to the method of claim 6, (i.e. “extracting one or more data
`
`elements from at least one sensor wherein the one or more elements are ofat least one operating
`
`state of the vehicle and the at least one human's actions during a data collection period;
`
`analyzing, grouping, and stprgig the one or more data elements as group data values in afirst
`
`memory related to a predetermined group of elements; and, correlating the group data values to
`
`preset values in a second memory and generating an output data value based on the correlation
`
`wherein the output data value is used to compute an insurance rating for the vehicle FOR [sic]
`
`the data collection period” (emphasis added)), the steps of detecting an application of an anti-
`
`lock braking system of the vehicle a non-use of turn signals by a driver of the vehicle based
`
`on thg one or more data elements extracted from Q at least one sensor, recording fig detected
`
`anti-lock braking system application in computer memory and computing an insurance
`
`surcharge for the vehicle by a processor based on E detected anti-lock braking system
`
`application.. Patent Owner relies upon, e.g., col. 9, line 60 to col. 10, line 8 and col. 7, lines 47-
`
`49 of the ‘970 Patent for support, see pages 18-24 of the 1-26-11 amendment. Note again 37
`
`CFR 530(e). See the discussion of similarusing to compute or computing steps or similar
`
`Page 000891
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 143
`
`recording steps supra with regard to claims 22 and 26. Such discussion also applies here. Q
`
`portions do describe raw data elements including a ABS application body sensor, see col. 7, lines
`
`47-49 and recorded trigger events including ABS application without an accident wherein high
`
`use of which could result in surcharge but d(>jnc)t describe such recording or resulting surcharge
`
`as steps in addition to steps of a method as claimed in claim 6, e.g. an extracting or analyzing
`
`step and a correlating and generating step as claimed in claim 6, Q use of the detected
`
`application to compute the surcharge by “a processor. Therefore, and in light of MPEP 2258 and
`
`the reasons discussed with regard to claims 22 and 26, the steps of this claim are additionally
`
`unclear (e.g. Does the claim language at its broadest reasonable interpretation require the steps of
`
`the instant claim to comprise steps in addition to the steps of claim 6, e.g. the extracting step or
`
`the analyzing step and the correlating and generating step, respectively, or not’? Does the claim
`
`language at its broadest reasonable interpretation require the detected application be identified as
`
`a “trigger event”? See also discussion of clarity of the terminology “a processor” supra again.).
`
`Accordingly, for purposes of examination, the steps of this claim will either be considered to
`
`comprise steps in addition to the steps of claim 6 or the extracting step and the analyzing step of
`
`claim 6 will be considered to comprise the detecting and recording of brake system application
`
`steps ofthis claim regardless of a determination of it being a “trigger event” and a computer
`
`memory which can be the first memory and the correlating and generating step of claim 6 will be
`
`considered to comprise the computing step of this claim. See also discussion of clarity of the
`
`terminology “a processor” supra again.
`
`Page 000892
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Claim 58:
`
`Page 144 \
`
`This claim requires in addition to the method of claim 6, (i.e. “extracting one or more
`
`data elements from at least one sensor wherein the one or more elements are of at least one
`
`operating state of the vehicle and the at least one human's actions during a data collection period;
`
`analyzing, grouping, and gig the one or more data elements as group data values in afirst
`
`memory related to a predetermined group of elements; and, correlating the group data values to
`
`preset values in a second memory and generating an output data value based on the correlation
`
`i the output data value is used to compute an insurance rating for the vehicle FOR [sic]
`
`the data collection period” (emphasis added)), the steps of monitoring mg one or more data
`
`elements for a predetermined incident condition, remaining in a data collection loop in response
`
`to determining that th_e one or more data elements fail to meet the predetermined incident
`
`condition and recording a snapshot of th_e one or more data elements in response to
`
`determining that @ one or more data elements meet the predetermined incident condition.
`
`Patent Owner relies upon, e.g., col. 10,_line 65 to col. 11, line 3and figure 5 of the ‘970 Patent for
`
`support, see pages 18-24 of the 1-26-11 amendment. Note again 37 CFR 530(e). Q portions
`
`d_o describe a process for data collection/acquiring and recording vehicle insurance related data
`
`including collecting raw data from the sensors and database information, generating calculated
`
`and derived data elements and storing a sample of all such data elements which additionally, if a
`certain incident, for example collision, occurs, generates a snapshot ofthe relevant data elements
`
`at the time of the incident or if no such incident occurs, continues to/remains in data collection
`
`loop but do not describe monitoring the data acquired and recorded for occurrence of the certain
`
`incidence nor such remaining in a data collection, loop and snapshot generating steps in addition
`
`Page 000893
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 145
`
`to the steps of claim 6, e.g., the extracting and/or analyzing, grouping and recording. Therefore,
`
`and in light of MPEP 2258, the steps of this claim are unclear (e.g. Does the claim language at its
`
`broadest reasonable interpretation require the steps of the instant claim to comprise steps in
`
`addition to the steps of claim 6, e.g. the extracting step or the analyzing step, or not? Does the
`
`claim language at its broadest reasonable interpretation require the monitoring of “the one or
`
`more data elements” for a predetermined incident condition or not?). Accordingly, for purposes
`
`of examination, the steps of this claim will either be considered to comprise steps in addition to
`
`the steps of claim 6 or the extracting step and/or the analyzing step of claim 6 will be considered
`
`to comprise monitoring the one or more data elements and the remaining and recording steps as
`
`claimed wherein determination is with regard to the occurrence of incident and the snapshot
`
`may be stored/recorded in the first memory.
`
`2
`
`Claim 59:
`
`This claim requires in addition to the method of claim 6, (i.e. “one or more data elements
`
`from at least one sensor wherein the one or more elements are of at least one operating state of
`
`the 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 ggoup data values in afirst memory
`
`related to a predetermined group of elements; and, correlating the group data values to preset
`
`values in a second memory and generating an output data value based on the correlation wherein
`
`the output data value is used to compute an insurance rating for the vehicle FOR [sic] the data
`
`collection period” (emphasis added)), the steps of acquiring a vehicle, sensor record file
`
`associated with the vehicle by a central billing computer system remote from the vehicle,
`
`Page 000894
`
`

`
`Application/Control Number: 90/011,252
`
`Page 146
`
`Art Unit: 3992
`
`1
`
`acguiring a -trigger event response file associated with the vehicle by ‘th_e central billing
`
`computer system, and consolidating the vehicle sensor record file with the triggerE
`
`response file into a consolidated usage data file by the central billing computer system.
`
`Patent Owner relies upon, e.g., figures 2 and 5 and col. 10, lines 14-65 of the ‘970 Patent for
`
`support, see pages 18-24 of the 1-26-11 amendment. Note also 37 CFR 530(e). E portions
`
`Q9 describe a billing process in which a vehicle sensor record file associated with the vehicle is
`
`‘ acquired by a central billing system remote from the vehicle, a trigger event response file
`
`associated with the vehicle is acquired by the central billing system from a central control center,
`
`and the vehicle sensor record file is consolidated with the trigger event response file into a
`
`consolidated insured activig file by the central billing system buti describe “a
`
`consolidated usage data file” nor the central billing system be a computer nor such acquiring
`
`and consolidating steps being in addition to the steps of claim 6, e.g., the analyzing, grouping
`
`and recording or correlating steps. Therefore, and in light of MPEP 2258, the steps of this claim
`
`are unclear (e.g. Does the claim language at its broadest reasonable interpretation require the
`
`steps of the instant claim to comprise steps in addition to the steps of claim 6, e.g. the analyzing
`
`step ad correlating step or not? Does the claim language at its broadest reasonable interpretation
`
`describe “a consolidated usage data file”). Accordingly, for purposes of examination, the
`
`acquiring and consolidating steps will be considered either to comprise or be in addition to the
`
`steps of claim 6 and the “consolidated usage data file” may or may not be the same as the
`
`consolidated activity file described by ‘970.
`
`Page 000895
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Claim 60:
`
`I
`
`Page 147
`
`This claim requires in addition to the method of claim 59, the steps of processing, by the
`
`central billing computer system, Q1; 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 th_e consolidated usage data file. First, the claim language “processing, by the central
`billing computer system” is unclear. See the discussion of “a processor” supra. ‘Is the claim
`
`claiming “a processor”? Patent Owner relies upon, e.g., figures 2 and 5 and col. 10, lines 14-65
`ofthe ‘970 Patent for support, see pages 18-24 ofthe 1-26-11 amendment. Note also’ 37 CFR
`
`530(e). 1 portions Q describe a billing process in which the central billing system, combines
`
`and processes the consolidated usage data file and an insured profile associated with the vehicle
`against an insurance surcharge or discount algorithm file, which file includes specific factors for
`
`the various usage patterns and trigger events and adjusting available insurance surcharges or
`
`discounts for the vehicle based on the loss results usage patterns reflected in the loss results
`
`associated with driving behavours demonstrated but Q39; describe adjustment based on
`
`“usage patterns in the consolidate usage data file” E such steps in addition to the steps of claim
`
`6. Therefore, and in light of MPEP 2258, the steps of this claim are additionally unclear (e. g.
`
`Does the claim language at its broadest reasonable interpretation require the steps of the instant
`
`claim to comprise steps in addition to the steps of claim 6, e.g. the analyzing step ad correlating
`
`step or not? Does the claim language at its broadest reasonable interpretation describe “a
`
`consolidated usage data file”? See also the discussion of clarity supra, e.g. “First. . ..”, and the
`
`discussion of the terminology “a processor” supra again). Accordingly, for purposes of
`
`Page 000896
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 148
`
`examination, the acquiring and consolidating steps will be considered either to comprise or be in
`
`addition to the steps of claim 6 and “usage patterns” and “consolidated usage data file” may or
`
`may not be the same as the consolidated activity file and behavior patterns in insured activity
`
`described by the ‘970 Patent. With regard to the language “insured profile”, note also the
`
`"discussion of claim 5 supra.
`
`Claim 61:
`
`This claim also requires in addition to the method of claim 6, (i.e. “extracting one or
`
`more data elements from at least one sensor wherein the one or more elements are of at least one
`
`operating state of the vehicle and the at least one human's actions during a data collection period;
`
`analyzing, grouping, and storing Q one or more data elements as group data values in a first
`
`memory related to a predetermined group of elements; and, correlating the group data values to
`
`preset values in a second memory and generating an output data value based on the correlation
`
`gm the output data value is used to compute an insurance rating for the vehicle FOR [sic]
`
`_
`
`the data collection period” (emphasis added)), the step ofmg an insurance cost or an
`
`insurance premium associated with the vehicle by a processor based on :3 insurance rating.
`
`Patent Owner relies upon, e.g., title, the abstract, col. 5, lines 12-22, col. 5, lines 27-43,
`
`col. 3, lines 40-58 and col. 6, lines 46-49 of the ‘970 Patent for support, see pages 18-24 of the 1-
`
`26-11 amendment. Note again 37 CFR 530(e). See discussion of a similar step supra with regard
`
`to claim 40. Such discussion also applies here. Accordingly, for purposes of examination, the
`
`step of this claim will be considered either in addition to the steps of claim 6 or the steps of claim
`
`6 will be considered to comprise the setting step of this claim wherein at a minimum the
`
`Page 000897
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 149
`
`insurance “rating” computed is associated with a “cost” or a “premium” which is set by a
`
`processor. See also discussion of clarity of the terminology “a processor” supra again.
`
`Claim 62:
`
`\
`
`This claim also requires in addition to the method of claim 6, (i.e. “extracting one or
`
`more data elements from at least one sensor wherein the one or more elements are of at least one
`
`A operating state of the vehicle and the at least one /human's actions during a data collection period;
`
`analyzing, grouping, and storing th_e one or more data elements as group data values in a first
`
`memory related to a predetermined group of elements; and, correlating the group data values to
`
`preset values in a second memory and generating an output data value based on the correlation
`
`wherein the output data value is used to compute an insurance rating for the vehicle FOR [sic]
`
`the data collection period” (emphasis added)), the step of generating an insurance cost based
`
`on @ insurance rating for the vehicle for the data collection period, where tm preset values
`
`comprise a safety standard value or other actuarial standard value. First a clear positive
`
`antecedent basis for “the insurance rating for the vehicle for the data collection period where the
`
`preset values comprise a safety standard value or other actuarial value” should be set forth. The
`
`correlating step of claim 6 only claimed computing an insurance rating based on preset values
`
`and the additional generating step does not claim computing the rating with such specific preset
`values. It is also noted that this generating step is /claimed as a further step in addition to the
`
`correlating step of claim 6 not that the correlating step further comprises such. Second Patent
`
`Owner relies upon, e.g., col. 12, lines 62-67; col. 3, lines 40-58; figure 2; col. 6, lines 9-43;
`
`abstract of the ‘970 Patent for support, see pages 18-24 of the 1-26-11 amendment. Note again
`
`Page 000898
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`-
`
`Page 150
`
`37 CFR 530(e). See discussion of a similar step supra with regard to claims 40 and 61. Such
`
`discussion also applies here. Accordingly, for purposes of examination, the step of this claim
`
`will be considered either in addition to the steps of claim 6 or the steps of claim 6 will be
`
`_considered to comprise the setting step of this claim wherein at a minimum the insurance
`
`“rating” computed, either with preset values as claimed in claim 6 or as claimed in this claim, is
`
`associated with a “cost” or a “premium”.
`
`Claim 63:
`
`This claim also requires in addition to the method of claim 62, the step of comparing a
`
`plurality of data elements Q gig safety standard value or the actuarial standard value to
`
`generate Q insurance cost, where th_e one or more data elements comprise th_e plurality of data
`elements. Patent Owner relies upon, e.g., col. 13, lines. 2-5, col. 4, lines 32-39, col. 4, lines 47-
`
`52, and col. 8, lines 49-51 of the ‘970 Patent for support, see pages 18-24 of the 1-26-11
`
`amendment. Note again 37 CFR 530(e). _SpQportions _d_o describe a method where group data
`
`values are correlated to preset values and generating an output value based on the correlation,
`
`wherein the output value is used to compute a rating, such method further using safety or other
`
`actuarial standard values as the preset values, and generating an adjusted insurance cost as
`
`the output data value and using time and location as the one or more data elements which are
`
`compared to the preset standard values to generate the adjusted insurance cost buti
`
`describe generating an insurance cost based on a insurance rating based on preset values
`
`comprising standard values compared to the one or more data values. See also the discussion of
`
`similar terminology supra with regard to claims 4 and 38-40 and 61-62. Therefore, and in light of
`
`Page 000899
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`_
`
`Page 151
`
`MPEP 2258, the steps of this claim are unclear (e. g. Does the claim language at its broadest
`
`reasonable interpretation require the steps of the instant claim to comprise steps in addition to the
`
`steps of claim 6, e.g. the correlating step or not? What does the claim language at its broadest
`
`reasonable interpretation describe? A rating based on a cost or a cost based on a rating? Data
`
`elements compared to or correlated with preset values? Note also the discussion of standard
`
`values supra with regard to claims 5 and 10-1 1 supra.). Accordingly, for purposes of
`
`examination, this claim is interpreted as requiring generation of a insurance cost, see, e.g.,
`
`discussion of claim 4 supra, and the one or more data elements associated with safety or actuarial
`
`standard, see, e.g., discussion of claims 5 and 10-1 1 supra.
`
`Claim 64:
`
`This claim also requires in addition to thelmethod of claim 63, th_e insurance cost can
`
`be for a prospective or retrospective basis. First the claim is unclear, i.e. does the claim require
`
`the cost Q a prospective or retrospective basis or just including the capability, i.e. note the
`
`language “can be” which also infers “can not be”. Second, Patent Owner relies upon, e.g., col.
`
`13, lines 6-8, col. 5, lines 34-43, and the abstract of the ‘970 Patent for support, see pages 18-24
`
`of the 1-26-11 amendment. Note again 37 CFR 530(e). See discussion of a similar step supra
`
`with regard to claims 40 and 61-63. Such discussion also applies here. Accordingly, for purpose
`
`of examination, this claim is interpreted as requiring at least the capability of using the cost of
`
`claim 63 prospectively or the capability of using the cost retrospectively at a minimum.
`
`Page 000900
`
`

`
`Application/Control Number: 90/01 1,252
`A11 Unit: 3992
`
`Claim 65:
`
`'
`
`Page 152
`
`"l'his claim also requires in addition to the method of claim 6, (i.e. “extracting one or
`
`more data elements from at least one sensor wherein the one or more elements are of at least one
`
`operating state of the vehicle and the at least one human's actions during a data collection period;
`
`analyzing, grouping, and storing Q one or more data elements as group data values in a first V
`
`memory related to a predetermined group of elements; and, correlating the group data values lo
`
`preset values in a second memory and generating an output data value based on the correlation
`
`_w_l_1§@1 the output data value is used to compute an insurance rating for the vehicle FOR [sic]
`
`the data collection period” (emphasis added)), the step of generating an initial vehicle operator
`
`profile and an initial insured profile. Patent Owner relies upon, e.g., col. 12, lines 1-14, col. 5,
`
`,
`
`lines 28-33 and col. 10, lines 30-50 of the ‘970 Patent for support, see pages 18-24 of the 1-26-
`
`11 amendment. Note again 37 CFR 530(e). While col. 12, lines 1-14, i.e. original patent claims
`4 and 5, ofthe ‘970 Patent use the tenninology “an initial vehicle operator profile” and “an initial
`
`insured profile”, see the discussion of similar terminology with regard to claims 4 and 5 supra in
`
`paragraph 3. Therefore, and in light of MPEP 2258, the claim is unclear, i.e. are “an initial
`
`vehicle operator profile” and “an initial insured profile” one and the same? If not how do they
`
`differ? Accordingly, for purposes of examination, this claim will be interpreted as requiring at
`
`least one of “an initial vehicle operator profile” and “an initial insured profile” and such
`
`terminology is interpreted similarly to that discussed supra with regard to claims 4 and 5.
`
`Page 000901
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 153
`
`'
`
`Claim 66:
`
`This claim also requires in addition to the method of claim 6, (i.e. “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, correlating the group data values to
`
`preset values in a second memory and generating an output data value based on the correlation
`
`i the output data value is used to compute an insurance rating for the vehicle FOR. [sic]
`
`the data collection period” (emphasis added)), the steps of identifling road condition data
`
`associated with a path of the vehicle based on Lhg one or more data elements extracted from the
`
`at least one sensor; and processing th_e road condition data through a processor to compute the
`
`insurance rating for the vehicle. Patent Owner relies upon, e.g., col. 8, lines 18-25; abstract; col.
`
`3, line 61 to col. 4, line 10; col. 5, lines 34-43; col. 6, lines 9-31 of the ‘970 Patent for support,
`
`see pages 18-24 of the 1-26-11 amendment. Note again 37 CFR 530(e). _Su:ch portions of the
`
`‘970 Patent d_o describe “extracting” “data” via multiple sensors and applying such for insurance
`
`rating purpose, col. 5, line 40-43, and Q describe road conditions being derived data elements
`
`which are recorded and monitored, col.8, lines 19 and 22 (Note also col. 7, lines 22-25 of the
`
`‘970 patent) but ci<)_r1r)t describe identifying road condition data associated with a path of the
`
`vehicle based on t_he_ one or more data elements extracted from the at least one sensor; and
`
`processing th_e road condition data through a processor to compute the insurance rating for the
`
`vehicle. nor such extracting and applying being steps in addition to steps of a method as claimed
`
`in claim 6, e.g. an extracting or analyzing step and a correlating and generating step as claimed in
`
`Page 000902
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 154
`
`claim 6, nor use of the rate to compute the rating by “a processor. Therefore, and in light of
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`MPEP 2258 and the terminology “extracting” in light of the ‘970 Patent portions discussed supra
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`as well as its dictionary definition, e.g., the definition of the term “extract” includes “to
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`determine by calculation”, the steps of this claim are additionally unclear (e.g. Does the claim
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`language at its broadest reasonable interpretation require the steps of the instant claim to
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`comprise steps in addition to the steps of claim 6, e.g. the extracting step or the analyzing step
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`and the correlating and generating step, respectively, or not? Does the claim language at its
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`broadest reasonable interpretation require a derived data element related to road conditions or
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`identification of road condition data associated with a path of the vehicle based on Q1; one or
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`more data elements. See also discussion of clarity of the terminology “a processor” supra
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`again.). Accordingly, for purposes of examination, this claim will be considered as requiring
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`deriving or identifying data related to road condition based on the one or more data elements as
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`the identifying step, and the identifying step and processing step beiin addition to the method of
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`claim 6 or comprise the extracting step and/or the analyzing step of claim 6 and the correlating
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`and generating step of claim 6 respectively, e.g. the extracting or analyzing includes at least the
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`deriving or identifying of the road condition data and the correlationrand generating step process
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`the road condition data through “a processor”. See also discussion of clarity of the terminology
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`“a processor” supra again.
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`Claim 67:
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`This claim also requires in addition to the method of claim 6, (i.e. “extracting one or
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`more data elements from at least one sensor wherein the one or more elements are of at least one
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`Page 000903
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`

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`Application/Control Number: 90/011,252
`Art Unit: 3992
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`'
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`Page 155
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`operating state of the vehicle and the at least one human's actions during a data collection period;
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`analyzing, grouping, and storing the one or more data elements as group data values in a first
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`memory related to a predetermined group of elements; and, correlating the group data values to
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`preset values in a second memory and generating an output data value based on the correlation
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`wherein the output data value is used to compute an insurance rating for the vehicle FOR [sic]
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`the data collection period” (emphasis added)), the steps of identifying traffic condition data
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`associated with a path of the vehicle based on th_e one or more data elements extracted from the
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`at least one sensor; and processing tl1_etraffic condition data through a processor to compute
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`the insurance rating for the vehicle. Patent Owner relies upon, e.g., col. 8, lines 18-25; abstract;
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`col. 3, line 61 to col. 4, line 10, col. 5, lines 34-43, and col. 6, lines 9-31 of the ‘970 Patent for
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`support, see pages 18-24 of the 1-26-11 amendment. Note again 37 CFR 530(e). See the
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`discussion of similar steps supra with regard to claim 66 and col. 8, lines 19 and 23 (Note also
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`col. 7, lines 22-25 of the ‘970 patent) Therefore, and in light of MPEP 2258 as well as the
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`discussion of claim 66, the steps of this claim are additionally unclear (e.g. Does the claim
`
`language at its broadest reasonable interpretation require the steps of the instant claim to
`
`comprise steps in addition to the steps of claim 6, e. g. the extracting step or the analyzing step
`
`and the correlating and generating step, respectively, or not? Does the claim language at its
`
`broadest reasonable interpretation require a derived data element related to traffic conditions or
`
`identification of traffic road condition data associated with a path of the vehicle based on mp
`
`one or more data elements See also discussion of clarity of the terminology “a processor” supra
`
`again.). Accordingly, for purposes of examination, this claim will be considered as requiring
`
`deriving or identifying data related to traffic condition based on the one or more data elements as
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`Page 000904
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`

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`Application/Control Number: 90/011,252
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`Art Unit: 3992
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`‘
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`Page 156
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`the identifying step, and the identifying step and processing step be in addition to the method of
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`claim 6 or comprise the extracting step and/or the analyzing step of claim 6 and the correlating
`
`and generating step of claim 6 respectively, e. g. the extracting or analyzing includes at least the
`
`deriving or identifying of the traffic condition data and the correlating and generating step
`
`process the road condition data through “a processor”. See also discussion of clarity of the
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`terminology “a processor” supra again.
`’\
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`Claim 68:
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`This claim also requires in addition to the method of claim 6, (i.e. “extracting one or
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`more data elements from at least one sensor wherein the o