Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Claim 42:
`
`Page 190
`
`42. The method according to claim 6, wherein the step of analyzing, grouping, and storing
`comprises grouping speed data of the vehicle in combination with a location of the vehicle
`in a log of vehicle speed for the location.
`See the discussion of claim 42 in paragraph 7 supra, e.g.. “Accordingly, for purposes of
`
`examination, this claim will be interpreted to require the step of this claim in addition to the steps
`
`of claim 6 or the analyzing, grouping and storing step according to claim 6 to include at least two
`
`data elements, i.e. speed and location as data values of a group, i.e. the log stored in the first
`
`memory.
`
`See discussion of claims supra, esp. claims 1, 11, 14, and 17-18.
`
`Therefore the prior art combination contemplates the method of claim 42.
`
`Claim 43:
`
`43. 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.
`
`See the discussion of claim 43 in paragraph 7.supra, e.g. “Accordingly, for purposes of
`
`examination, the step of claim 6 will be considered to further comprise communicating
`
`information representative of a trigger event, i.e. not precluding the indication of a trigger event
`
`which would result in a surcharge or discount during an insurance billing process, associated
`
`with the one or more data elements to a central control station remote from the vehicle via a
`
`communications uplink.”
`
`See discussion of claims supra, esp. claims 7 and 8.
`
`Therefore the prior art combination contemplates the method of claim 43.
`
`Page 000939
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`,
`
`Page 191
`
`Claim 44:
`
`44. 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.
`
`See the discussion of claim 44 in paragraph 7 supra, e.g. “Accordingly, for purposes of 1
`
`examination, the step of this claim will be considered either in addition to the steps of claim 6 or
`
`at least one of th_e one or more data elements of the extracting step of claim 6 will be considered
`
`to be total driving time and the analyzing, grouping and storing step according to claim 6 will be
`
`considered to have a group for data values stored wherein the group is related to loss/risk/safety
`
`characteristics including total driving time. Note the discussion of the terminology “actuarial
`
`' class” with regard to the discussion of claim 41 infra. Note again the discussion of the
`
`interpretation of the terminology “a processor” supra. ”
`
`See discussion of claims supra, esp. claims 6, 10-11, 13-14, 16, 30, 41, and 70-72 noting
`
`especially discussion with respect to the terminology “actuarial class” and “safety or other
`
`actuarial standard values”, and “preselected relationship to the safety standard” and what is
`
`considered related to loss/risk/safety and monitoring time of day. See also the portions of ‘079
`
`cited, e.g., cols. 30-32 and Figures 18-19, esp. col. 30, lines 21-22, i.e. “trip length", and col. 6,
`lines 1-3, i.e. trip recorder, col. 26, lines 49-49, and claim 7.
`
`Therefore the prior art combination contemplates the method of claim 44.
`
`Claim 45:
`
`45. 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.
`
`Page 000940
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 192
`
`See the discussion of claim 45 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the step of this claim will be considered either in addition to the steps of claim 6 or
`
`at least one of th_e one or more data elements of the extracting step of claim 6 will be considered
`
`to be driving time in high risk locations and the analyzing, grouping and storing step according
`
`to claim 6 will be considered to have a group for data values stored wherein the group is related
`
`to loss/risk/safety characteristics including driving time in high risk locations. Note the
`
`discussion of the terminology “actuarial class” with regard to the discussion of claim 41 infra.
`
`Note again the discussion of the interpretation of the terminology “a processor” supra.”
`
`See discussion of claims supra, esp. claim 44. Furthermore see the discussion of claims
`
`30-33 supra and ‘079 at col. 30, lines 7-18, the Table in Figure 19, esp. titles in of columns.
`
`Therefore the prior art combination contemplates the method of claim 45.
`
`Claim 46:
`
`46. 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.
`
`See the discussion of claim 46 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the step of this claim will be considered either in addition to the steps of claim 6-or
`at least one ofth_e one or more data elements ofthe extracting step of claim 6 will be considered
`to be driving time at high risk times and the analyzing, grouping and storing step according to
`
`claim 6 will be considered to have a group for data values stored wherein the group is related to
`loss/risk/safety characteristics including driving time at high risk times. Note the discussion of
`
`the terminology “actuarial class” with regard to the discussion of claim 41 infra. Note again the
`
`discussion of the interpretation of the terminology “a processor” supra.”
`
`Page 000941
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 193
`
`See discussion of claims supra, esp. claims 44-45. Furthermore see ‘079 at col. 30, lines
`
`19-28, the Table in Figure 19, esp. titles in of columns.
`
`Therefore the prior art combination contemplates the method of claim 46.
`
`Claim 47:
`
`47. 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-vehicle sensor; and
`
`assigning the vehicle to an insurance actuarial class by a processor based on the
`speed data.
`
`See the discussion of claim 47 in paragraph 7 supra, e. g. “Accordingly, for purposes of
`
`examination, the step of this claim will be considered either in addition to the steps of claim 6 or
`
`at least one of th_e one or more data elements of the extracting step of claim 6 will be considered
`
`to be speed data and the analyzing, grouping and storing step according to claim 6 will be
`
`considered to have a group for data values stored wherein the group is related to loss/risk/safety
`
`characteristics including speed data. Note the discussion of the terminology “actuarial class”
`
`with regard to the discussion of claim 41 infra. Note again the discussion of the interpretation of
`
`the terminology “a processor” supra.”
`
`See discussion of claims supra, esp. claims 44-46. Furthermore see the discussion of
`
`claims 27-294supra and ‘079 at col. 30, lines 7-18 and 29-35, the Table in Figure 19, esp. titles of
`
`columns and rows.
`
`Therefore the prior art combination contemplates the method of claim 47.
`
`Claim 48:
`
`48. The method according to claim 6, further comprising:
`
`Page 000942
`
`

`
`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
`
`A
`
`Page 194
`
`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.
`
`See the discussion of claim 48 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`I
`
`examination, the step of this claim will be considered either in addition to the steps of claim 6 or
`
`at least one oftl1_e one or more data elements of the extracting step of claim 6 will be considered
`
`to be speed limit observation data and the analyzing, grouping and storing step according to
`
`claim 6 will be considered to have a group for data values stored wherein the group is related to
`
`loss/risk/safety characteristics including speed limit observation data. Note the discussion of the
`terminology “actuarial class” with regard to the discussion ofclaim 41 infra. Note again the
`
`discussion of the interpretation of the terminology “a processor” supra.”
`
`See discussion of claims supra, esp. claims 44-47. Furthermore see the discussion of
`
`claims 30-33 and ‘079 at col. 30, lines 7-18, the Table in Figure 19, esp. titles in of columns.
`
`Therefore the prior art combination contemplates the method of claim 48.
`
`Claim 49:
`
`49. 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.
`
`See the discussion of claim 49 in paragraph 7 supra, e. g. “Accordingly, for purposes of
`
`examination, the step of this claim will be considered either in addition to the steps of claim 6 or
`
`Page 000943
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 195
`
`at least one of fig one or more data elements of the extracting step of claim 6 will be considered
`
`acceleration rate related data and the analyzing, grouping and storing step according to claim 6
`
`will be considered to have a group for data values stored wherein the group is related to
`
`loss/risk/safety characteristics including acceleration rate related data. Note the discussion ofthe_
`
`terminology “actuarial class” with regard to the discussion of claim 41 infra. Note again the
`
`discussion of the interpretation of the terminology “a processor” supra.”
`
`See discussion of claims supra, esp. claims 44-48. Furthermore see the discussion of
`
`claims 19-22 supra and the portions of ‘079 cited with regard thereto.
`
`Therefore the prior art combination contemplates the method of claim 49.
`
`Claim 50:
`
`S0. 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.
`
`See the discussion of claim 50 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the step of this claim will be considered either in addition to the steps of claim 6 or
`
`at least one of th_e one or more data elements of the extracting step of claim 6 will be considered
`
`to be rate of braking related data and the analyzing, grouping and storing step according to claim
`
`6 will be considered to have a group for data values stored wherein the group is related to
`
`loss/risk/safety characteristics including rate of braking related data. Note the discussion of the
`
`Page 000944
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 196
`
`terminology “actuarial class” with regard to the discussion of claim 41 infra. Note again the
`
`discussion of the interpretation of the terminology “a processor” supra.”
`
`See discussion of claims supra, esp. claims 44-49. Furthermore see the discussion of
`
`claims 23-26 supra and the portions of ‘079 cited with regard thereto.
`
`Therefore the prior art combination contemplates the method of claim 50.
`
`Claim 51:
`
`51. 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 A
`comprising a processor and computer memory.
`
`See the discussion of claim 51 in paragraph 7 supra, e.g. “Accordingly, for the purposes
`
`of examination of this claim only, “a processor” will be interpreted, absent other modifying
`
`language, to require at least a processor and a computer memory. For purposes of examination
`
`such “extracting” of this claim and th_e “extracting” of claim 6 one and the same.”
`
`See discussion claims supra, esp. claim 6, and ‘079 at, e.g., Figures 3, 8, 13 and 16,
`
`col. 8, lines 44-47, col. 11, lines 3-22, the paragraph bridging cols. 21-22, the paragraph bridging
`
`cols. 24-25, first full paragraph of cols. 25, and col. 26, lines 49-59, e.g. on board EVA 5
`
`records/extracts the output of the sensors and includes processor 22 and memory 23 or on-board
`
`system 107 includes processor 510 and memory 512.
`
`Therefore the prior art combination contemplates the method of claim 51.
`
`Claim 52:
`
`52. 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
`
`Page 000945
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`-
`
`Page 197
`
`diagnostics (OBD) connector of the vehicle.
`
`It is noted that “a computer” is not required to be “on-board”.
`
`See the discussion of claim 52 in paragraph 7 supra, e. g. “Accordingly, for purposes of
`
`examination, the extracting step of claim 6 will be considered to comprise the communicating
`
`step of this claim, i.e. communicating of the one or more data elements which element(s) may be
`
`raw, calculated or derived.
`
`See discussion of claims supra, esp. claims 6 and 3, and ‘079 at, e.g., Figures 2-3, 8 (Note
`
`esp. the arrowed lines one of which is labeled “RS232”, and 12 and col. 24, lines 51-58 and col.
`
`29, lines 25-28.
`
`Therefore the prior art combination contemplates the method of claim 52.
`
`Claim 53:
`
`53. 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.
`
`See the discussion of claim 53 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the extracting step of this claim will be considered to comprise monitoring a
`
`physical operation of the vehicle which may also be the at least one operating state of the vehicle
`
`of claim 6 through at least one in-vehicle sensor which may be the at least one sensor of claim 6
`
`in operative connection with a data bus of the vehicle.”
`
`See discussion of claims supra, esp. claims 6 and 3, and ‘O79 at, e.g., col. 29, lines 25-38.
`
`Therefore the prior art combination contemplates the method of claim 53.
`
`Page 000946
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Claim 54:
`
`Page 198
`
`54. 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.
`
`See the discussion of claim 54 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the extracting step of this claim will be considered to comprise extracting the
`
`claimed data elements which may also be the one or more data elements of the vehicle of claim
`
`6, i.e. a minimum of the three data elements claimed in this claim, from the claimed sensors
`
`which may also be the at least one sensor of claim 6, i.e. a minimum of the three sensors claimed
`
`in this claim.”
`
`See discussion of claims supra, esp. claims 6 and 3, and the ‘970 Patent at, e.g., col. 7,
`
`lines 25-64 and ‘079 at, e.g., col. 9, line 31, Figure 12, element 617, col. 24, lines 1-7, and col.
`
`10, lines 39-40.
`
`Therefore the prior art combination contemplates the method of claim 54.
`
`Claim 55:
`
`55. 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
`
`Page 000947
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`event.
`
`Page 199
`
`See the discussion of claim 55 in paragraph 7 supra, e.g. “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.”
`
`See discussion of claims supra, esp. claims 6-8 and 43. Note esp. ‘079 at col. 9, line 47,
`
`col. 11, lines 1-2, Figure 18, step 1808 and col. 32, lines 4-9.
`
`It is the Examiner’s first position that the prior art combination contemplates transmitting
`
`a location in response to the trigger event, e.g. notmeeting a performance standard within a
`
`certain amount of time. In any case, even if such is not explicitly contemplated, it would be
`
`obvious to transmit a location in order to permit the dispatcher or controller responsible for the
`
`safety of the driver andvehicle to accurately assess whether the driver is located in a place which
`
`is safe for vehicle shutdown or whether additional time is needed to find _a place to park and
`
`thereby requiring an override of the shut down for limited periods to afford the driver additional
`
`time to find an appropriate place to park the vehicle safely and the desire by ‘079 to promote
`
`safety.
`
`Therefore the prior art combination contemplates the method of claim 55.
`
`Claim 56:
`
`56. The method according to claim 6, further comprising:
`
`detecting a non-use of turn signals by a driver of the vehicle based on the one or
`more data elements;
`
`Page 000948
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 200
`
`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 the
`detected non-use of the turn signals by the driver.
`
`See the discussion of claim 56 in paragraph 7 supra, e.g. “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 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 p
`
`this claim. See also discussion of clarity of the terminology “a processor” supra again.”
`
`See discussion of claims supra, esp. claims 6-7, 20, 22, 24, 26, 30 and 36 as well as ‘079
`
`at Figure 12, 612, col. 9, lines 22-27, col. 10, last line, col. 11, lines 3-25, col. 24, first full
`
`paragraph, col. 26, line 49-col. 28, line 6, cols. 30-32, esp. col. 30, line 33, Figure 18, e.g., step
`
`1802 and Figure 19, e.g. row labeled “tum signal”.
`
`Therefore the prior art combination contemplates the method of claim 56.
`
`Claim 57:
`
`57. 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
`
`Page 000949
`
`

`
`Application/Contro1Number: 90/011,252
`Art Unit: 3992
`
`'
`
`Page 201
`
`computing an insurance surcharge for the vehicle by a processor based on the
`detected anti-lock braking system application.
`
`See the discussion of claim 57 in paragraph 7 supra, e.g. “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 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.”
`
`See discussion of claims supra, esp. claims 6-7, 20, 22, 24, 26, 30, 36 and 56 as well as
`
`‘079 at Figure 12, element 610, col. 9, lines 22-27 and 40-41, col. 10, lines 39-40 and 67, col. 11,
`
`lines 1 and 3-25, col. 24, first full paragraph, col. 26, line 49-col. 28, line 6, co. 28, lines 49-52,.
`
`and cols. 30-32, esp. col. 30, lines 29-35 and 38-39.
`
`Therefore the prior art combination contemplates the method of claim 57.
`
`Claim 58:
`
`58. 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 of the one or more data elements in response to determining
`that the one or more data elements meet the predetermined incident condition.
`
`See the discussion of claim 58 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, the steps of this claim will either be considered to comprise steps in addition to the
`
`Page 000950
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 202
`
`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 an incident and the snapshot
`
`may be stored/recorded in the first memory.”
`
`See discussion of claims supra, esp. claims 6-7, as well as ‘079 at col. 26, line 49-col. 28,
`
`line 6, esp. col. 27, lines 31-53. The claim requires “a snapshot”. The ‘97O Patent utilizes the
`
`terminology “a snapshot”. See Figure 5 and the sentence bridging cols. 10-11 thereof. However,
`
`since ‘079 so describes recording the data elements upon an unusual event similar to the
`
`description by ‘970, it is the Examiner’s position that ‘079 records a “snapshot” as claimed.
`
`Therefore the prior art combination contemplates the method of claim 58.
`
`Claim 59:
`
`59. The method according to claim 6, further comprising:
`
`acquiring a vehicle sensor record file associated with the vehicle by a central billing
`computer system remote from the vehicle;
`
`acquiring 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.
`
`See the discussion of claim 59 in paragraph 7 supra, e.g. “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 000951
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`.
`
`Page 203
`
`The ‘970 Patent does not describe “a consolidated usage data file” nor “a central billing’
`
`computer system”. See ‘970 at.Figure 2 and col. 10, line 11-col. 11, line 2. Furthermore, see the
`
`discussion of claim 6 supra, e.g. the portions of ‘079 cited therein, esp. col. 26, line 49-col. 28,
`
`line 6, e.g. storage and storage locations/files of data related to sensors and data related to
`
`unusual events/threshold events and col. 28, lines 7-43, e.g. data in storage locations/files serially
`
`transmitted to, e. g. acquired by, remote computer and converted/consolidated by the remote
`
`computer system from serial form to parallel form, i.e. joined/consolidated forrn/file, as well as,
`
`e.g., stored in a different memory and/or displayed and/or analyzed in a variety of forms. See
`
`again also the portions of ‘868 cited, e.g. the entire disclosure of ‘868, esp. those discussed supra
`
`with regard to claims 4-6 and 9 again,, e.g., page 6, col. 1., last full paragraph, Figures 1, 5, 9,
`
`and 11, the title, claims 1-17, page 4, col. 1, third full paragraph, page 7, col. 1, last full
`
`paragraph, page 9, col. 1, first full paragraph, and the paragraph bridging cols. 1-2 of page 9, e. g.
`
`premium settlement, i.e. billing/analysis, performed either on-board or remotely, as well as the
`
`Black publication again, esp. the fourth-seventh paragraphs, eight through tenth paragraphs and
`
`second to last paragraph, i.e. data transmitted to remoie systems and/or remote systems for
`
`assessment/analysis. Since the prior art combination contemplates a remote computer acquiring
`
`and consolidating as claimed being part of a system associated with billing/settlement/analysis
`
`and/or such also related to insurance similar to that described by ‘970, it is the Examiner’s
`
`position that the prior art combination contemplates the method of claim 59.
`
`Claim 60:
`
`60. The method according to claim 59, further comprising:
`
`Page 000952
`
`

`
`Application/Control Number: 90/011,252
`
`Page 204
`
`Art Unit: 3992
`
`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.
`
`See the discussion of claim 60 in paragraph 7 supra, e.g. “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 “usage pattems” 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.” -
`
`See discussion of claims supra, esp. claims 6, 59, 4-5, 7 and 9. Note also, e.g., the
`
`portions of ‘O79 cited therein, esp. col. 26, line 49-col. 28, line 6, esp. col. 26, lines 50-53, cols.
`
`30-32 and Figures 18-19 and steps 1806-1808, esp. the paragraph bridging cols. 29-30 and col.
`
`1 31, lines 24-45 and col. 32, lines 44-47, the abstract and claim 7, i.e. stored/displayed/analyzed
`
`data is consolidated data, driver profile/standard data and algorithm/statistical data, and col. 28,
`
`lines 7-43 and the portions of ‘868 and Black cited supra with regard to claim 59. Finally, note
`
`that the claim does not set forth the specifics of the processing performed, i.e. converting of the
`
`serial data from storage locations to parallel data or manipulation or data for display in a
`
`particular manner, e.g. distribution curve or table, by the remote computer is “processing”. Since
`
`the prior art combination contemplates a remote computer processing various data to
`
`dynamically adjust a cost of insurance similar to that described by ‘970, it is the Examiner’s
`
`position that the prior art combination contemplates the method of claim 60.
`
`Page 000953
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`

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`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
`
`Claim 61:
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`Page 205
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`61. 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.
`
`See the discussion of claim 61 in paragraph 7 supra, e. g. “See discussion of a similar step
`
`supra with regard to claim 40. Such discussion also applies here.”, i.e. “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 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.”
`
`See discussion of claims supra, esp. claims 40, 9 and 38.
`
`Therefore the prior art combination contemplates the method of claim 61 .
`
`Claim 62:
`
`62. 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.
`
`See the discussion of claim 62 in paragraph 7 supra, e.g. “See discussion of a similar step
`
`supra with regard to claims 40 and 61. Such discussion also applies here..”, i.e. “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”.
`
`See discussion of claims supra, esp. claims 61, 40, 5, 9-15 and 38-39.
`
`Page 000954
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`'
`
`Page 206
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`Therefore the prior art combination contemplates the method of claim 62.
`
`Claim 63:
`
`63. 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.
`
`See the discussion of claim 63 in paragraph 7 supra, e.g. “Accordingly, for purposes of
`
`examination, this claim is interpreted as requiring generation of a insurance cost, see discussion
`
`of claim 4 supra, and the one or more data elements associated with safety or actuarial standard,
`
`see discussion of claims 5 and 10-11 supra.”
`
`See discussion of claims supra, esp. claims 61-62, 40, 5, 9-15 and 38-39.
`
`Therefore the prior art combination contemplates the method of claim 63.
`
`Claim 64:.
`
`64. The method according to claim 63 where the insurance cost can be for a prospective or
`retrospective basis.
`
`See the discussion of claim 64 in paragraph 7 supra, e. g. “Accordingly, for purpose of
`
`examination, this claim is interpreted as requiring at least the capability of using the cost of 63
`
`prospectively or the capability of using the cost retrospectively at a minimum.”
`
`See discussion of claims supra, esp. claims 61-63, 40, 5, 9-15 and 38-39.
`
`Therefore the prior art combination contemplates the method of claim 64.
`
`Page 000955
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Claim 65:
`
`Page 207
`
`65. The method according to claim 6, further comprising generating an initial vehicle
`operator profile and an initial insured profile.
`
`See the discussion of claim 65 in paragraph 7 supra, e.g. “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.”
`
`See discussion of claims supra, esp. claim 6, and the portions of ‘079 cited therein, esp.
`
`the abstract, col. 5, lines 23-25, col. 6, lines A19-21, the paragraph bridging cols. 9-10 and the
`paragraph bridging cols. 29-30. Therefore, and in light ofMPEP 2258, since ‘079 provides for
`
`generating since initial files or information with respect to the operator/the insuring thereof or
`
`information which is initially acquired/stored in insurance files regarding insurance for the
`
`vehicle, i.e. insurance agreement or insurance coverage specific(s) (e.g. the predetermined safety
`
`standards/the preset values for warnings or a base cost of vehicle insurance, i.e. the prepaid
`
`premiurn/prepaid balance premium required), e. g. ‘079 teaches a personalized standard or profile
`
`and normal/non personalized standards, similar to those described by the ‘970 Patent, it is the
`
`Examiner’s position that ‘868 provides for generating an “initial vehicle operator profile” and
`
`“an initial insured profile”.
`
`Therefore the prior art combination contemplates the method of claim 65.
`
`.
`_
`_
`Qflfl
`66. The method according to claim 6, further comprising:
`
`identifying road condition data associated with a path of the vehicle based on the
`one or more data elements extracted from the at least one sensor; and
`
`Page 000956
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`

`
`Application/Control Number: 90/011,252
`
`Page 208
`
`Art Unit: 3992
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`processing the road condition data through a processor to compute the insurance
`rating for the vehicle.
`
`See the discussion of claim 66 in para