throbber
Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 89
`
`of insurance” with regard to claim 4 supra and the lack of modifying language with regard to the
`
`terminology) nor such step of prospectively setting in addition to steps of a method as claimed in
`
`claim 6. Therefore, and in light of MPEP 2258, this step of this claim is unclear (e.g. Does the
`
`claim language at its broadest reasonable interpretation require the step of the instant claim to
`
`comprise a step in addition to the steps of claim 6 or not? What does the claim language “an
`
`insurance cost or an insurance premium. ..based on the insurance rating” at its broadest
`
`reasonable interpretation require? Are they the same? See the discussion supra again, i.e.
`
`“First....?” Are none, one or both the same as, e.g., “insurance rating”? “Base cost”? “Final
`
`cost”? “Total cost”? A pure premium? A gross premium? See the discussion of claim 4 supra
`
`again. Note also the discussion of claims 38-39 supra and claims 61-64 and 70 infra.).
`
`Accordingly, for purposes of examination, this 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
`
`prospective setting step of this claim wherein at a minimum the insurance “rating” computed is
`
`associated with a “cost” or a “premium” which is prospectively set by a processor.
`
`Claim 41
`
`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 rig 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
`
`Page 000348
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 90
`
`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 using one or more of @ one or more
`
`data elements to determine an insurance actuarial class associated with the vehicle; and using
`
`one or more of th_e one or more data elements to determine a surcharge or discount to be
`
`applied to a base cost of insurance associated with the vehicle. Note also the data elements
`
`selected do not have to be different data elements, note the portions cited for support infra.
`
`Second Patent Owner continues to rely upon, e.g., title, the abstract, col. 5, lines 7-12 of the ‘97O
`
`Patent for support, see page 1 ll of the 4-6-11 amendment. Note again 37 CFR 530(e). Such
`
`portions of the ‘970 Patent do describe use of gathered and analyzed datalto determine actuarial
`
`classes and surcharges or discounts but grit describe such using in addition to the steps of the
`
`method as claimed in claim 6, e.g. the analyzing step, grouping and storing step. Therefore, and
`
`in light of MPEP 2258, these using steps of this claim are unclear (e.g. Does the claim language
`
`at its broadest reasonable interpretation require the steps of the instant claim in addition to the
`
`steps of claim 6 or not?). Accordingly, for purposes of examination, this claim will be
`
`interpreted to require the using steps of this claim either in addition to the steps of claim 6 or at
`
`least one of me one or more data elements of the analyzing, grouping and storing step according
`
`to claim 6 being determinative of an “insurance actuarial class” and or at least one of me one or
`
`more data elements of the analyzing, grouping and storing step according to claim 6 being
`
`determinative of a surcharge or discount to be applied to a base cost of insurance.
`
`Page 000349
`
`

`
`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
`
`Claim 42
`
`Page 91
`
`This claim also requires the step ofanalyzing, grouping and storing according to claim 6,
`
`(i.e. “analyzing, grouping, and storing E one or more data elements as group data values in a
`
`first memog related to a predetermined group of elements” (emphasis added) (Note also the
`
`discussion of the interpretation of such claim language with regard to claim 6 supra), to comprise
`
`grouping speed data of the vehicle in combination with a location associated with the speed data
`
`in a log of vehicle speed for the location. First, the claim is unclear, i.e. is the one of the one or
`
`more data elements recorded/stored in the first memory as group values related to a
`
`predetermined group of elements as claimed in claim 6 and speed data additionally stored in a,
`log in combination with a location ofthe vehicle for the speed data g is speed and/or location
`
`and log as claimed in this claim data values of a group and a first memory related to the
`
`predetennined group of elements as claimed in claim 6 (i.e. are the speed data and location and
`
`log of this claim and the data elements, group data values and first memory one and the same?)
`
`Second, Patent Owner continues to rely upon, e.g., col. 8, lines 44-51 and col. 11, lines 42-61 of
`
`the ‘97O Patent for support, see pages 11 1-112 of the 4-6-11 amendment. Note again 37 CFR
`
`1.530(6). _Su:ch portions of the ‘970 Patent d_o describe recording into a data base a selected data
`
`element of the one or more data elements, e.g. vehicle speed, in combination with the time a_n<1_
`
`date as well as a corresponding location of the vehicle at the occurrence of recording of the data
`
`element(s) but clojnot describe such recording as part of a step of analyzing, grouping and
`
`storing of a method as claimed in claim 6. Note also with regard to the clarity discussion supra
`
`that such portions also do not describe recording the selected one of the one of the data elements
`
`in the first memory in combination with a location of the vehicle associated with the selected
`
`Page 000350
`
`

`
`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
`
`Page 92
`
`data element E recording the one or more data elements in the first memory as well. Therefore,
`
`and in light of MPEP 2258, the step ofthis claim is unclear (e.g. Does the claim language at its
`
`broadest reasonable interpretation require the steps of the instant claim to comprise the step of
`
`analyzing, grouping and storing according to claim 6 or not?) 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.
`
`Claim 43
`
`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 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
`
`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 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. Patent Owner continues to
`
`rely upon, e.g., col. 4, lines 16-20, col. 6, lines 63-65, col. 7, lines 18-20, col. 8, line 61 to col. 9,
`
`line 8 and Figure 4 of the ‘970 Patent for support, see page 1 12 of the 4-6-1 1 amendment. Note
`
`Page 000351
`
`

`
`Application/Control Number; 90/0] 1,252
`Art Unit: 3992
`
`Page 93
`
`again 37 CFR 530(e). Such portions of the ‘970 Patent describe certain of the recorded sensor
`
`information may be determined to be a “trigger event” defined as a combination ofa sensor data
`
`requiring additional action including immediate upload to a central control or possibly resulting
`
`in a surcharge or discount during the insurance billing process and the former of which may be a
`
`trigger event of rapid deceleration in combination with airbag deployment indicating a collision
`
`or a trigger of an emergency light in which case central control is notified of the vehicle location
`
`but do not describe communicating information representative of a trigger event i.e. includes 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. Therefore, and in light of MPEP 2258,
`
`‘
`
`the step of this claim is unclear (e.g. Does the claim language at its broadest reasonable
`
`interpretation require the claimed communication of information of a “trigger event”, i.e. which
`
`would result in a surcharge or discount during an insurance billing process, associated with a
`
`data element or not?) 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.
`
`Claim 44
`
`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
`
`Page 000352
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 94
`
`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
`I
`
`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 determining an insurance actuarial
`
`class based on a measured total driving time of the vehicle during the data collection period.
`
`Patent Owner continues to rely upon, e.g., col. 4, lines 26-34, col. 5, lines 7-12, col. 5, lines 28-
`
`43 of the ‘970 Patent for support, see page 112 of the 4-6-11 amendment. Note again 37 CFR»
`
`530(e). Such portions of the ‘970 Patent Q describe using information gathered/provided from
`
`the vehicle to develop actuarial classes which classes include a driver class based on total driving
`
`time and aggregate and apply for insurance rating purposes generated data but gm describe
`
`such information using or aggregating and applying in addition to the steps of the method as
`
`claimed in claim 6, e.g. extracting and or the analyzing step, grouping and storing step.
`
`Therefore, and in light of MPEP 2258, the step of this claim is unclear (e.g. Does the claim
`language at its broadest reasonable interpretation require the steps of the instant claim in addition
`
`to the steps of claim 6 or not? (Note also the discussion of the interpretation of “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” (emphasis added) with regard to claim 6
`
`supra.)) 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 total driving time and the analyzing, grouping
`
`Page 000353
`
`

`
`Application/Control Number: 90/0l 1,252
`Art Unit: 3992
`
`Page 95
`
`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 “insurance actuarial class” with regard to the discussion of
`
`claim 41 infra.
`
`Claim 45
`
`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 mp 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 determining an insurance actuarial
`
`class based on a measured driving time of the vehicle in high risk locations during the data
`
`collection period. Patent Owner continues to rely upon, e.g., col. 4, lines 26-36, col. 5, lines 7-
`
`12, col. 5, lines 28-43 of the ‘970 Patent for support, see page 112 of the 4-6-1] amendment.
`
`Note again 37 CFR 530(e). &1c_h portions of the ‘970 Patent d_o describe using information
`
`gathered/provided from the vehicle to develop actuarial classes which classes include a driver
`
`class based on driving time in high risk locations and aggregating and applying for insurance
`
`rating purposes generated data but do_r£t describe such information using or aggregating and
`
`applying in addition to the steps of the method as claimed in claim 6, e.g. extracting and or the
`
`Page 000354
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 96
`
`analyzing step, grouping and storing step. Therefore, and in light of MPEP 2258, the step of this
`
`claim is unclear (e. g. Does the claim language at its broadest reasonable interpretation require the
`
`steps of the instant claim in addition to the steps of claim 6 or not? (Note also the discussion of
`
`the interpretation of “analyzing, grouping, and storing th_e one or more data elements as group
`
`data values in a first memog related to a predetermined group of elements” (emphasis
`
`added) with regard to claim 6 supra) 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 tfi 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 “insurance actuarial class” with regard to the discussion of claim 41 infra.
`
`Claim 46 '
`
`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 ’th_e one or more data elements as group data values in a first
`
`memory related to a predetermined gmup 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 determining an insurance actuarial
`
`Page 000355
`
`

`
`Application/Control Number: 90/Ol 1,252
`Art Unit: 3992
`
`' Page 97
`
`class based on a measured driving time of the vehicle at high risk times during the data
`
`collection period. Patent Owner continues to rely upon, e.g., col. 4, lines 26-39, col. 5, lines 7-
`
`12, col. 5, lines 28-43 of the ‘970 Patent for support, see pages 112 of the 4-6-11 amendment.
`
`Note again 37 CFR 530(e).
`
`§_L_1c_h portions of the ‘97O Patent d_o describe using information
`
`gathered/provided from the vehicle to develop actuarial classes which classes include a driver
`
`class based on driving time at high risk times and aggregating and applying for insurance rating
`
`purposes generated data but dpg describe such information using or aggregating and applying
`
`in addition to the steps of the method as claimed in claim 6, e. g. extracting and or the analyzing
`
`step, grouping and storing step. Therefore, and in light of MPEP 2258, the step of this claim is
`
`unclear (e.g. Does the claim language at its broadest reasonable interpretation require the steps of
`
`the instant claim in addition to the steps of claim 6 or not? (Note also the discussion of the
`
`interpretation of “analyzing, grouping, and storing me one or more data elements as group data
`
`values in a first memog related to a predetermined group of elements” (emphasis added)
`
`with regard to claim 6.) 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 oftl1_e one or more data
`
`elements of the 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 “insurance
`
`actuarial class” with regard to the discussion of claim 41 infra.
`
`Page 000356
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Claim 47
`
`Page 98
`
`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 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 processing speed 1 associated with ..
`
`-
`
`the vehicle based on at least one of the one or more data elements and determining an insurance
`
`actuarial class based on the speed data. Patent Owner continues to rely upon, e.g., col. 4, lines
`
`26-57, col. 5, lines 6-12, col. 5, lines 28-43, col. 6, line 36, col. 7, line 60, col. 8, line 20, col. 8,
`
`lines 27-52, col. 9, lines 62-67, and col. 11, lines 4-18 of the ‘970 Patent for support, see page
`
`112 of the 4-6-11 amendment. Note again 37 CFR 530(e). Such portions of the ‘970 Patent d_q
`
`describe using information gathered/provided from the vehicle to develop actuarial classes which
`
`classes include a driver class based on observance of speed limit and aggregating and applying
`
`for insurance rating purposes generated data but dojnm describe such information using or
`
`aggregating and applying in addition to the steps of the method as claimed in claim 6, e.g.
`
`extracting and or the analyzing step, grouping and storing. Therefore, and in light of MPEP
`
`2258, these steps of this claim are unclear (e.g. Does the claim language at its broadest
`
`reasonable interpretation require the steps of the instant claim in addition to the steps of claim 6
`
`or not? (Note also the discussion of the interpretation of “analyzing, grouping, and storing tip
`
`Page 000357
`
`

`
`Application/Control Number: 90/OI 1,252
`Art Unit: 3992
`
`Page 99
`
`one or more data elements as group data values in a first memory related to a predetermined
`
`group of elements” (emphasis added) with regard to claim 6 supra.) Accordingly, for purposes
`
`of examination, these steps 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 tenninology
`
`“insurance actuarial class” with regard to the discussion of claim 41 infra.
`
`Claim 48
`
`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 me one or more data elements as ggoup 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 detennining speed limit observation
`
`data associated with a location of the vehicle based on at least one of the one or more data
`
`elements and determining to an insurance actuarial class based on the speed limit observation
`
`data. Patent Owner continues to rely upon, e.g., col. 4, lines 26-57, col. 5, lines 6-12, col. 5, lines
`
`28-43, col. 6, line 36, col. 7, line 60, col. 8, line 20, col. 8, lines 27-52, col. 9, lines 62-67, and
`
`Page 000358
`
`

`
`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
`
`Page 100
`
`col.
`
`1 1, lines 4-18 ofthe ‘97O Patent for support, see page 1 12 ofthe 4-6-1 1 amendment. Note
`
`again 37 CFR 530(e). _S£h portions of the ‘970 Patent d_o describe using information
`
`gathered/provided from the vehicle to develop actuarial classes which classes include a driver
`
`class based on observance of speed limit and aggregating and applying for insurance rating
`
`purposes generated data but dir_1_()_t describe such information using or aggregating and applying
`
`in addition to the steps of the method as claimed in claim 6, e.g. extracting and or the analyzing
`
`step, grouping and storing step. Therefore, and in light of MPEP 2258, these steps of this claim
`
`are unclear (e. g. Does the claim language at its broadest reasonable interpretation require the
`
`steps of the instant claim in addition to the steps of claim 6 or not? (Note also the discussion .of
`
`the interpretation of “analyzing, grouping, and storing me one or more data elements as group
`
`data values in a first memory related to a predetermined group of elements” (emphasis
`
`added) with regard to claim 6 supra.) Accordingly, for purposes of examination, these steps of
`
`this claim will be considered either in addition to the steps of claim 6 or at least one of t11_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 includingispeed limit observation data. Note the discussion ofthe terminology
`
`“insurance actuarial class” with regard to the discussion of claim 41 infra.
`
`Claim 49
`
`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
`
`Page 000359
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 101
`
`operating state of the vehicle and the at least one human's actions during a data collection period;
`
`analyzing, grouping, and storing LE 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 determining acceleration data
`
`associated with the vehicle based on at least one of the one or more data and determining an
`
`insurance actuarial class based on the acceleration data. Patent Owner continues to rely upon,
`
`e.g., col. 4, lines 26-57, col. 5, lines 7-12, col. 5, lines 28-43, col. 6, line 41, col. 8, line 1, col. 8,
`
`lines 51-52 of the ‘970 Patent for support, see pages 112-113 of the 4-6-1] amendment. Note
`
`again 37 CFR 530(e). fll portions of the ‘970 Patent also d_o describe using information
`
`gathered/provided from the vehicle to develop actuarial classes which classes include a driver
`
`class based on number of sudden acceleration situations and aggregating and applying for
`
`insurance rating purposes generated data but gl_c>_n_()t describe such information using or
`
`aggregating and applying in addition to the steps of the method as claimed in claim 6, e. g.
`
`extracting and or the analyzing step, grouping and storing step, Therefore, and light of MPEP
`
`2258 and the reasons discussed with regard to claims 19-20, these steps of this claim are unclear
`
`(e.g. Does the claim language at its broadest reasonable interpretation require the steps of the
`
`instant claim in addition to the steps of claim 6 or not? (Note also the discussion of the
`
`interpretation of “analyzing, grouping, and storing t_h_e one or more data elements as group data
`
`values in a first memor_'y related to a predetermined group of elements” (emphasis added)
`
`with regard to claim 6 supra.)) Accordingly, for purposes of examination, these steps of this
`
`Page 000360
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 102
`
`claim will be considered either in addition to the steps of claim 6 or at least one offlig one or
`
`more data elements of the extracting step of claim 6 will be considered to be rate of acceleration
`
`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 acceleration related data. Note the discussion of the terminology
`
`“insurance actuarial class” with regard to the discussion of claim 41 infra.
`
`Claim 50
`
`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 th_e one or more data elements as ggoup 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
`
`gfligrci 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 determining braking data associated
`
`with the vehicle Quid on at least one of the one or more data elements and ‘determining an
`
`insurance actuarial class based on the braking data. Patent Owner continues to rely upon, e.g.,
`col. 4, lines 26-57.and 63-64, col. 5, lines 7-12, col. 5, lines 28-43, col. 6, line 42, and col. 8,
`
`lines 51-52 of the ‘970 Patent for support, see page 113 of the 4-6-11 amendment. Note again 37
`
`CFR 530(e). Such portions of the ‘97O Patent also d_o describe using information
`
`gathered/provided from the vehicle to develop actuarial classes which classes include a driver
`
`Page 000361
`
`

`
`Application/Control Number: 90/Ol 1,252
`Art Unit: 3992
`
`Page I03
`
`class based on braking situations and aggregating and applying for insurance rating purposes
`
`generated data but c1Lr1_c>_t describe such information using or aggregating and applying in
`
`addition to the steps of the method as claimed in claim 6, e.g. extracting and or the analyzing
`
`step, grouping and storing step. Therefore, and in light of MPEP 2258 and the reasons discussed
`
`with regard to claims 23-25, these steps of this claim are unclear (e.g. Does the claim language at
`
`its broadest reasonable interpretation require these steps of the instant claim in addition to the
`
`steps of claim 6 or not? (Note also the discussion of the interpretation of “analyzing, grouping,
`
`and storing th_e one or more data elements as group data values in a first memog related to a
`
`predetermined group of elements” (emphasis added) with regard to claim 6 supra.))
`
`Accordingly, for purposes of examination, these steps of this claim will be considered either in
`
`addition to the steps of claim 6 or atleast 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 terminology “insurance actuarial class” with regard to the
`
`discussion of claim 41 infra.
`
`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 storing the one or more data elements as group data values in afirst
`
`Page 000362
`
`

`
`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
`
`’ Page 104
`
`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
`
`w_he_rei_n 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
`
`by a driver of the vehicle based on at least one of ’th_e 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 based on fie detected non-use of the turn signals by the
`
`driver. First are the “computer” of the “computer memory” of this" claim, line 6 and the
`
`“computer” of this claim, line 1 one and the same, i.e. how many computers at a minimum are
`being claimed? Patent Owner continues to rely 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 page 113 of the 4-6-
`
`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. 11; portions gig 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 do not 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. Therefore, and in light of MPEP 2258 and the reasons
`
`discussed with regard to claims 22 and 26, these 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
`
`Page 000363
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 105
`
`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 requi

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket