`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,
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`lines 51-52 of the ‘970 Patent for support, see page 113 of the 4-6-11 amendment. Note again 37
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`CFR 530(e). Such portions of the ‘97O Patent also d_o describe using information
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`gathered/provided from the vehicle to develop actuarial classes which classes include a driver
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`Application/Control Number: 90/Ol 1,252
`Art Unit: 3992
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`Page I03
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`class based on braking situations and aggregating and applying for insurance rating purposes
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`generated data but c1Lr1_c>_t describe such information using or aggregating and applying in
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`addition to the steps of the method as claimed in claim 6, e.g. extracting and or the analyzing
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`step, grouping and storing step. Therefore, and in light of MPEP 2258 and the reasons discussed
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`with regard to claims 23-25, these steps of this claim are unclear (e.g. Does the claim language at
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`its broadest reasonable interpretation require these steps of the instant claim in addition to the
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`steps of claim 6 or not? (Note also the discussion of the interpretation of “analyzing, grouping,
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`and storing th_e one or more data elements as group data values in a first memog related to a
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`predetermined group of elements” (emphasis added) with regard to claim 6 supra.))
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`Accordingly, for purposes of examination, these steps of this claim will be considered either in
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`addition to the steps of claim 6 or atleast one of th_e one or more data elements of the extracting
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`step of claim 6 will be considered to be rate of braking related data and the analyzing, grouping
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`and storing step according to claim 6 will be considered to have a group for data values stored
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`wherein the group is related to loss/risk/safety characteristics including rate of braking related
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`data. Note the discussion of the terminology “insurance actuarial class” with regard to the
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`discussion of claim 41 infra.
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`Claim 56
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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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`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 afirst
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`Application/Control Number: 90/O1 1,252
`Art Unit: 3992
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`’ Page 104
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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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`w_he_rei_n 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 detecting a non-use of turn signals
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`by a driver of the vehicle based on at least one of ’th_e one or more data elements, recording the
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`detected non-use of the turn signals by the driver in computer memory and computing an
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`insurance surcharge for the vehicle based on fie detected non-use of the turn signals by the
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`driver. First are the “computer” of the “computer memory” of this" claim, line 6 and the
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`“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],
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`col. 6, lines 29-38, and col. 7, lines 35-38 of the ‘970 Patent for support, see page 113 of the 4-6-
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`11 amendment. Note again_37 CFR 530(e). See the discussion of similar using to compute or
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`computing steps or similar recording steps supra with regard to claims 22 and 26. Such
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`discussion also applies here. 11; portions gig describe safety equipment used such as turn
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`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
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`trigger events including non-use of turn signals the low use of which could result in surcharge
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`but do not describe such recording or resulting surcharge as steps in addition to steps of a
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`method as claimed in claim 6, e.g. an extracting or analyzing step and a correlating and
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`generating step as claimed in claim 6. Therefore, and in light of MPEP 2258 and the reasons
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`discussed with regard to claims 22 and 26, these steps of this claim are unclear (e.g. Does the
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`claim language at its broadest reasonable interpretation require the steps of the instant claim to
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`Application/Control Number: 90/011,252
`Art Unit: 3992
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`Page 105
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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 requi