`Art Unit: 3695
`
`Page 2
`
`DETAILED ACTION
`
`Election/Restrictions
`
`Restriction to one of the following inventions is required under 35 U.S.C. 121:
`
`I.
`
`Claims 1-20, drawn to:
`
`an automotive device that provides an interface that filters data that is sent and
`
`received across an in—vehicle bus by selectively acquiring vehicle data related to a level
`
`of insurable risk or safety of operation, the interface acquires the selected vehicle data
`
`from one or more in-vehicle sensors;
`
`a memory that stores the selected vehicle data with relationship data within the
`
`vehicle that establishes a connection between the selected vehicle data and one or
`
`more risk factors, safety standards, or operating characteristics, together with a unique
`
`identifier and a user account; and a wireless service provider interface that provides ac-
`
`cess to the selected vehicle data and relationship data retained in the memory, where
`
`the wireless service provider interface is responsive to a wireless request from a remote
`
`user to transfer the selected vehicle data and selected relationship data retained in the
`
`memory to a remote server when a wireless service provider indicates a capacity to
`
`transfer the vehicle data and relationship data across a wireless network, classified in
`
`class 705, subclass 4.
`
`Page 000298
`
`
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`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`ll.
`
`Claims 21-39, drawn to:
`
`Page 3
`
`a vehicle bus that sends and receives data between two or more in-vehicle con-
`
`trollers;
`
`an in-vehicle monitor that filters the data that is sent and received across the ve-
`
`hicle bus by selectively polling one or more of the in-vehicle controllers to transmit vehi-
`
`cle data related to a level of risk in operating the vehicle, the selected vehicle data is
`
`acquired at a predetermined interval or upon an event;
`
`a processor programmed to store the selected vehicle data in an in-vehicle
`
`memory inaccessible to the two or more in-vehicle controllers, the memory retains rela-
`
`tionship data that links the selected vehicle data to a vehicle identifier and a wireless
`
`network;
`
`a wireless transceiver configured to encrypt and encode the relationship data and
`
`the selectively acquired vehicle data and transmit the encoded data through a mobile
`
`communication network that provides access to a distributed network, classified in class
`
`705, subclass 4.
`
`III.
`
`Claims 40-57, drawn to:
`
`a processor that collects vehicle data from a vehicle bus that represents aspects
`
`of operating the vehicle;
`
`a memory that stores selected vehicle data related to a level of safety or an in-
`
`surable risk in operating a vehicle;
`
`Page 000299
`
`
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`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 4
`
`a wireless transmitter configured to transfer the selected vehicle data retained
`
`within the memory to a distributed network when a wireless network indicates a capacity
`
`to receive the selected vehicle data; and
`
`a monitor to display the selected vehicle data that represents one or more as-
`
`pects of operating the vehicle with data that reflects how the selected vehicle data af-
`
`fects a premium of an insurance policy, safety or level of risk, classified in class 705,
`
`subclass 4.
`
`IV.
`
`Claims 58-69, drawn to:
`
`a data monitor that monitors a vehicle bus that transfers data among electronic
`
`components within a vehicle;
`
`a storage device that receives vehicle data from the vehicle bus to a first memory
`
`within the vehicle, the storage device retains content when not connected to an external
`
`power source;
`
`a second memory within the storage device that receives metadata that is logi-
`
`cally linked to the vehicle data written to the storage device within the vehicle each time
`
`the vehicle data is written to the storage device;
`
`a first processor programmed to link the storage device to a network of comput-
`
`ers associated with an identifying number on a publicly accessible distributed network
`
`and is accessible through software retained in a computer readable storage medium
`
`that allows a user to access insurance files related to an existing insurance policy or a
`
`Page 000300
`
`
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`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 5
`
`renewal of an insurance policy and allows the user to access other software related to
`
`the insurance files;
`
`a database operatively linked to the storage device to store the vehicle data and
`
`the metadata written to the storage device, the database comprising a storage system
`
`comprising records; and a second processor programmed to generate a rating factor
`
`based on the vehicle data and metadata written to the database;
`
`where the second processor is programmed to calculate a premium of an insur-
`
`ance policy, or a surcharge or a discount on the premium of the insurance policy, based
`
`on the vehicle data and the metadata stored in the database, classified in class 705,
`
`subclass 4.
`
`V.
`
`Claim 70, drawn to:
`
`a storage device comprising a first memory portion that may be read from and is
`
`written to in a vehicle and a second memory portion that may be read from and is writ-
`
`ten to in the vehicle, the second memory portion retains attributes of datum or data logi-
`
`cally associated with the data stored in the first memory portion;
`
`a processor that reads data from an in-vehicle automotive bus that transfers data
`
`from vehicle sensors to other automotive components, the processor writes data that
`
`reflect a level of safety to the first memory portion and the second memory portion; and
`
`a communication device that links the storage device to a network of computers
`
`associated with a publicly accessible distributed network, the communication device is
`
`accessible through software retained on a computer readable storage medium that al-
`
`Page 000301
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 6
`
`lows a user to access insurance files related to an insurance policy and allows the user
`
`to access other software related to the insurance files where the first memory portion
`
`and the second memory portion retain data when an external power source is not cou-
`
`pled to the first memory portion and the second memory portion, respectively, and are
`
`inaccessible to an in—vehicle OEM system or an automotive scan tool, classified in class
`
`705, subclass 4.
`
`VI.
`
`Claims 71-73, drawn to:
`
`a first storage device comprising a first memory portion that may be read from
`
`and is written to in a vehicle;
`
`a second storage device comprising a second memory portion that may be read
`
`from and is written to in the vehicle that retains attributes of data logically associated
`
`with one or more data elements stored in the first storage device;
`
`a central processing unit that reads data from an automotive bus that transfers
`
`data from vehicle sensors to other automotive components and writes data to the first
`
`memory portion;
`
`a circuit that generates a steady stream of pulses that synchronizes the transfer
`
`of data from the automotive bus to the first memory portion; and
`
`a communication device that links the storage device to a network of computers
`
`associated with an identifying number on a publicly accessible distributed network and
`
`is accessible through software that allows a user to access insurance files related to an
`
`existing insurance policy or a renewal of an insurance policy and allows the user to ac-
`
`Page 000302
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 7
`
`cess other software related to the insurance files, where the first memory portion and
`
`the second memory portion retain data when an external power source is not coupled to
`
`the first memory portion and the second memory portion, respectively, classified in class
`
`705, subclass 4.
`
`VII.
`
`Claim 74, drawn to:
`
`a storage device comprising a first memory portion that is read from and is writ-
`
`ten to in a vehicle and a second memory portion that is read from and is written to in the
`
`vehicle that retains attributes of data logically associated with one or more data items
`
`stored in the first storage device;
`
`a central processing unit that reads data from an automotive bus that transfers
`
`data from vehicle sensors to other automotive components and writes data to the first
`
`memory portion; and
`
`a wireless communication device that links the storage device to a network of
`
`computers associated with an identifying number on a publicly accessible distributed
`
`network and is accessible through software retained on a computer readable storage
`
`medium that allows a user to access insurance files related to an existing insurance pol-
`
`icy or a renewal of an insurance policy and allows the user to access other software re-
`
`lated to the insurance files, where the first memory portion and the second memory por-
`
`tion retain data when an external power source is not coupled to the first memory por-
`
`tion and the second memory portion, respectively; and
`
`Page 000303
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 8
`
`where the software is configured to allow a party to change some or all of the da-
`
`ta written to the storage device and where a second software retained on a computer
`
`readable storage medium remote from the vehicle is configured to allow the party to
`
`transmit the unchanged data and transmit the changed data to a Web server at the par-
`
`ty's discretion, classified in class 705, subclass 4.
`
`VIII. Claims 75-81, drawn to:
`
`a vehicle bus that transfers data from vehicle sensors within a vehicle;
`
`20 a first processor in communication with the vehicle bus and operative to track
`
`one or more of vehicle speed data, position data, and aggressive driving behavior data
`
`from the vehicle bus;
`
`a global positioning receiver in communication with the first processor that pro-
`
`cesses position data, time data, and velocity data;
`
`an on board vehicle diagnostic connector interfaced to the vehicle bus and the
`
`first processor; and
`
`a data logger interfaced to the on board diagnostic connector and operative to
`
`receive the one or more of vehicle speed data, position data, and aggressive driving
`
`behavior data in a memory in the data logger, where the data logger is operative to up-
`
`load the one or more of vehicle speed data, position data, and aggressive driving be-
`
`havior data from the memory to a second processor remote from the first processor,
`
`where the second processor is programmed to generate Internet documents based on
`
`the uploaded data and an assigned level of risk, classified in class 705, subclass 4.
`
`Page 000304
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`IX.
`
`Claims 82-91, drawn to:
`
`Page 9
`
`a device that writes and records one or more characteristics related to a level of
`
`risk of operating a vehicle through an automotive communication link;
`
`means for a party associated with the vehicle to review the recorded characteris-
`
`tics and review how the recorded characteristics affect a vehicle safety, a level of risk,
`
`or a cost of insurance;
`
`means to enable the transmission of the recorded characteristics to an insurer
`
`through a wireless network;
`
`means to transmit
`
`the recorded characteristics to the insurer automatically
`
`through a distributed network from the vehicle;
`
`means for assigning a level of risk to the operation of the vehicle based on the
`
`recorded characteristics; and means for determining a cost of an insurance policy based
`
`on the assigned level of risk, classified in class 705, subclass 4.
`
`X.
`
`Claims 92-103, drawn to:
`
`monitoring one or more devices that monitor, measure, or control the operation of
`
`the vehicle;
`
`writing data from one or more selected devices within a vehicle to an in—vehicle
`
`storage device, the data being related to the level of risk of operating the vehicle;
`
`transmitting a portion of the data written to the storage device through a wireless
`
`link to a server that is remote from the vehicle by specifying a communication protocol
`
`to transmit the portion of data and by identifying a destination; and
`
`Page 000305
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 10
`
`calculating a premium of an insurance policy based on the portion of data trans-
`
`mitted through the wireless link, classified in class 705, subclass 4.
`
`XI.
`
`Claims 104-115, drawn to:
`
`monitoring a vehicle bus that transfers data among electronic components within
`
`a vehicle;
`
`writing data received from the vehicle bus to a device that retains content when
`
`not connected to an external power source at a rate the data is received;
`
`executing a first program that enables the wireless transmission of a portion of
`
`the data written to the device through a publicly accessible network to a server that is
`
`remote from the vehicle by specifying a communication protocol to transmit the portion
`
`of data;
`
`executing a second program that calculates a premium of an insurance policy
`
`based on the portion of data;
`
`and executing a third program that generates a document summarizing the pre-
`
`mium of the insurance policy;
`
`where the first program, the second program, and the third program are stored
`
`on a distributed computer readable storage medium, classified in class 705, subclass 4.
`
`XII.
`
`Claims 116-127, drawn to:
`
`collecting vehicle data from a vehicle bus that represents aspects of operating
`
`the vehicle;
`
`Page 000306
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 11
`
`writing the collected vehicle data to a storage device inaccessible to original
`
`equipment manufacturer's systems;
`
`transferring the collected vehicle data written to the storage device to a processor
`
`that is remote from the vehicle; and
`
`displaying the collected vehicle data that represents the aspect of operating the
`
`vehicle with data that reflects how the collected vehicle data affects a safety score, rat-
`
`ing factor or a premium or an adjustment to a premium of an insurance policy, classified
`
`in class 705, subclass 4.
`
`Xlll. Claims 128-130, drawn to:
`
`monitoring a vehicle bus that transfers data among electronic components within
`
`a vehicle;
`
`writing mileage data from the vehicle bus to a device that retains content when
`
`not connected to an external power source at a predetermined interval or at a same rate
`
`the mileage data is received;
`
`executing a first program retained on a computer readable storage medium that
`
`enables a user to wirelessly transmit the mileage data written to the device from the ve-
`
`hicle through a publicly accessible network to a server that is remote from the vehicle
`
`and the device; and
`
`determining a cost of insurance based on the mileage data transmitted to a se-
`
`cond program resident to the server, classified in class 705, subclass 4.
`
`Page 000307
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 12
`
`The inventions are distinct, each from the other because of the following reasons:
`
`Inventions I -Xlll are related as suboombinations disclosed as usable together in
`
`a single combination. The suboombinations are distinct if they do not overlap in scope
`
`and are not obvious variants, and if it is shown that at least one suboombination is sepa-
`
`rately usable. In the instant case, the suboombinations has separate utility . See MPEP
`
`§ 806.05(d).
`
`The examiner has required restriction between suboombinations usable together.
`
`Where applicant elects a suboombination and claims thereto are subsequently found
`
`allowable, any claim(s) depending from or otherwise requiring all the limitations of the
`
`allowable suboombination will be examined for patentability in accordance with 37 CFR
`
`1.104. See MPEP § 821 .04(a). Applicant is advised that if any claim presented in a con-
`
`tinuation or divisional application is anticipated by, or includes all the limitations of, a
`
`claim that is allowable in the present application, such claim may be subject to provi-
`
`sional statutory and/or nonstatutory double patenting rejections over the claims of the
`
`instant application.
`
`Restriction for examination purposes as indicated is proper because all these in-
`
`ventions listed in this action are independent or distinct for the reasons given above and
`
`there would be a serious search and examination burden if restriction were not required
`
`because the following reason applies:
`
`Page 000308
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 13
`
`The inventions require a different field of search (for example, searching different
`
`classes/subclasses or electronic resources, or employing different search queries).
`
`In
`
`particular, it is presumed that a prior art search for invention I will not be useable for any
`
`prior art search for any claim in invention ll, thus requiring at least two completely differ-
`
`ent search strategies. This compares differently to the searches required within inven-
`
`tion ll, since the search for claims 1 or 2, for example, would be usable in conjunction
`
`with the additional searches for claims 6, 12, or 24.
`
`Applicant is advised that the reply to this requirement to be complete must
`
`include (i) an election of a invention to be examined even though the requirement
`
`may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing
`
`the elected invention.
`
`The election of an invention may be made with or without traverse. To reserve a
`
`right to petition, the election must be made with traverse. If the reply does not distinctly
`
`and specifically point out supposed errors in the restriction requirement, the election
`
`shall be treated as an election without traverse. Traversal must be presented at the time
`
`of election in order to be considered timely. Failure to timely traverse the requirement
`
`will result in the loss of right to petition under 37 CFR 1.144.
`
`If claims are added after
`
`the election, applicant must indicate which of these claims are readable on the elected
`
`invenfion.
`
`Page 000309
`
`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 14
`
`If claims are added after the election, applicant must indicate which of these
`
`claims are readable upon the elected invention.
`
`If the applicant traverses on the ground that the inventions are not patentably dis-
`
`tinct, applicant should submit evidence or identify such evidence now of record showing
`
`the inventions to be obvious variants or clearly admit on the record that this is the case.
`
`In either instance, if the examiner finds one of the inventions unpatentable over the prior
`
`art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a) of the
`
`other invention.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Robert R. Niquette whose telephone number
`
`is
`
`(571)270-3607. The examiner can normally be reached on Monday to Thursday, 7:30 -
`
`4:00 EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Charles Kyle can be reached on 571-272-6746. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Page 000310
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`
`
`Application/Control Number: 12/132,487
`Art Unit: 3695
`
`Page 15
`
`Information regarding the status of an application may be obtained from the Pa-
`
`tent Application Information Retrieval (PAIR) system. Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status infor-
`
`mation for unpublished applications is available through Private PAIR only. For more
`
`information about the PAIR system, see http://www.uspto.gov. If you have questions on
`
`access to the Private PAIR system, contact the Electronic Business Center (EBC) at
`
`866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service
`
`Representative or access to the automated information system, call 800-786-9199 (in
`
`USA or Canada) or 571-272-1000.
`
`/Robert R. Niquette/
`Examiner, Art Unit 3695
`4-12-2011
`
`Page 000311
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
` ’
`
`"“
`
`UNITED STATES DEPARTMEVT OF‘ COMMERCE
`United States Patent and Trademark Office
`Address.COMMISSIONER FOR PATENTS
`PO Box 1450
`A1exandna,Vi1gn1ia 22313-1450
`wvwszu pt gov
`
`APPLICATION NUMBER
`
`PATENT NUMBER
`
`GROUP ART UNIT
`
`FILE WRAPPER LOCATION
`
`12/132,487
`
`3695
`
`HIIWIHIIIHIIIIWIIMJWHJMLWIIQMLHMIMIIIIIHIHIIIIHIIIIIIHIIII
`
`Correspondence Address/Fee Address Change
`
`The iollowing fields have been set to Customer Number 10999 on 11/17/2010
`- Correspondence Address
`- Maintenance Fee Address
`
`- Power of Attorney Address
`The address of record for Customer Number 10999 is:
`
`10999
`
`Progressive Casualty/BHGL
`P.O. Box 10395
`
`Chicago, IL 60610
`
`PART 1
`
`— ATTORNEY/APPLICANT COPY
`page 1 of 1
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`Page 000312
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`CASE NO. FORM PTO-1449 SERIAL NO.
`12/132,487
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`
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`12654-42
`GROUP ART UNIT
`
`3695
`
`C°NF'RMAT'ON “$312
`
`
`
`LIST OF PATENTS AND PUBLICATIONS FOR
`
`APPL|CANT'S INFORMATION DISCLOSURE STATEMENT
`
`
`FILING DATE
`June 3, 2008
`
`
`
`APPLICANT(S): Raymond Scott Ling et al.
`
`
`
`REFERENCE DESIGNATION
`
`EXAMINER
`
`u.s. PATENT DOCUMENTS
`
`
`
`
`FILING
`
`cI.Ass/
`DOCUMENT
`SUBCLASS
`Numbe:I(II{c'ivC|)oBcIE(|i?known)
`jjj
`MT
`MM
`MM
`MT
`TM
`MM
`
`06/05/1999M11"‘
`
`Us 4.896.024
`E9
`MT
`
`1-?E12 Us 4.945759
`
`08/07/1990M
`MM
`
`
`
`
`
`-—=-
`
`10/18/1994 Saikalis —
`us 5,355,855
`- E15
`MM
`jjj
`M E18MM
`jut-fjjj
`
`
`
`'13}
`
`M 10/17/1995 Berra
`MM
`MM
`MT
`TM
`MM
`MT
`TM
`MT
`TM
`
`—TE32
`
`US 5.790.427 M
`MM
`TM
`j E35MT
`jjj
`
`
`
`
`
`
`
`
`
`E38
`
`US 5,862,500
`
`
`
`MT
`
`01/19/1999 Goodwin —
`
`
`
`
`
`EXAMINER
`
`DATE CONSIDERED
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP
`609; Draw line through citation if not in conformance and not considered.
`Include copy of this
`form with next communication to applicant.
`
`Page 000313
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`Pa e2of5
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`FORM PTO—1449
`SERIAL NO.
`I CASE NO.
`12654-42
`12/132,487
`FILING DATE
`LIST OF PATENTS AND PUBLICATIONS FOR
`GROUP ART UNIT
`
`3695
`APPLlCANT’S INFORMATION DISCLOSURE
`
`STATEMENT
`use several sheets if necessa
`
`
`June 3, 2008
`
`
`
`APPLICANT S : Ra mond Scott Lin et al.
`
`
`
`
`
`
`u.s. PATENT DOCUMENTS
`
`
`FILING
`
`CLASSI
`DOCUMENT
`EXAMINER
`SUBCI-ASS
`NumbeIj(':IIl1vlE:IE($known)
`IN
`_I.?aII——
`__—
`__—
`__—
`— E44-‘
`__—
`__—
`__—
`— E48_-
`_—‘
`
`
`
`__—
`
`FOREIGN PATENT DOCUMENTS
`
`
`
`
`
`
`
`REFERENCE DESIGNATION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`= E52 CA 2.164,608 --E53
`
`TRANSLATION
`CLASSI
`DOCUMENT
`EXAMINER
`YES°RN°
`sUBcLAss
`COUNTRY
`DATE
`Numbefjgflfiffiknown
`INITIAL
`— E51_-
`
`CA 2.229.238 _-
`__—
`__—
`_-
`__—
`_-
`
`
`
`—_
`
`_—
`_-
`_-
`_-
`
`
`
`
`
`“_
`
`
`
`
`
`
`
`
`
`
`
`EXAMINER
`
`DATE CONSIDERED
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609;
`Draw line through citation if not in conformance and not considered. Include copy of this form with next
`communication to applicant.
`
`Page 000314
`
`-
`_-
`— E68_-
`— E69—
`__—
`— E71_-
`‘_-
`__—
`— E74_-
`__—— E76 W001/18491A1 _-
`
`
`
`
`
`
`
`
`SERIAL NO.
`
`Pa e3of5
`
`CASE NO.
`
`12654-42
`GROUP ART UNIT
`3695
`
`FORM PTO—1449
`
`
`
`12/132,487
`LIST OF PATENTS AND PUBLICATIONS FOR
`FILING DATE
`
`June 3, 2008
`APPLICANT’S INFORMATION DISCLOSURE
`
`
`STATEMENT
`
`(use several sheets if necessary)
`
`
`
`APPLICANT(S): Raymond Scott Ling et al.
`
`FOREIGN PATENT DOCUMENTS
`
`EXAMINER
`INITIAL
`
`DOCUMENT
`NUMBER
`Number-Kind Code (if known)
`
`DATE
`
`COUNTRY
`
`CLASSI
`SUBCLASS
`
`TRANSLATION
`Yes on No
`
`— W0 01/73693 A2
`‘ W0 02/41119 A2
`‘ W0 03/073339 A1
`
`10/04/2001 WIPO --
`05/23/2002 WIPO ——
`09/04/2003 WIPO ‘-
`
`EXAMINER
`INITIAL
`
`OTHER ART — NON PATENT LITERATURE DOCUMENTS
`
`(Include name of author, title of the article (when appropriate), title of the item (book, magazine, journal, serial,
`s mposium, catalo, etc.), date pae(s), volume-issue number(s), ublisher, cit andlor count where ublished.
`
`Brown, Robert L., “Recent Canadian Human Rights Decisions Having an Impact on Gender-
`Based Risk Classification Systems," Journal of Actuarial Practice, Vol. 3, No. 1, 1995, pp. 171-
`192.
`
`Butler, P. et al., “Driver Record: a Political Red Herring That Reveals the Basic Flaw in
`Automobile Insurance Pricing,” Journal of Insurance Regulation, Vol. 8, No. 2, 1989, pp. 200-
`234.
`
`Butler, P., “Cost-Based Pricing of Individual Automobile Risk Transfer: Car-Mile Exposure Unit
`Anal sis," Journal of Actuarial Practice, Vol. 1, No. 1, 1993, no 51-84.
`Butler, P., “Gas-Tax and Time—Period Insurance Methods Equally Flawed,” National
`Undenivriter, June 15, 1998, . 594.
`Butler, T., “Insurance by the Mile," Letter to the Editor, The Washington Post, January 17,
`1991, 2
`.
`Capon, R., “|nsure by the Mile,’’ Letter to the Editor, The Washington Post, December 27,
`1990, 2
`.
`Civil Docket for Case No. 1:10-cv-01370-PAG, Progressive Casualty Insurance Company
`versus Safeco Insurance Company of Illinois et al., U.S. District Court, Northern District of Ohio
`(Cleveland) printed from the Internet at <http://ecf.ohnd.uscourts.gov/cgi—
`bin/DktRt.l?324688388186026—L1 O-1> on December 22, 2010, 12 aes.
`Complaint, filed June 18, 2010, Case No. 1:10—cv—O1370—PAG: Progressive Casualty Insurance
`Company versus Safeco Insurance Company of Illinois, Safeco Insurance Company of
`America, Safeco Corporation, Liberty Mutual Insurance Company, Liberty Mutual Group |nc.,
`The Ohio Casualt
`Insurance Com an , and Oen Seas Solutions, Inc., 201 aes.
`Defendants’ Motion to Dismiss for Failure to State a Claim Upon Which Relief May Be Granted,
`filed September 8, 2010, Case No. 1:10-cv-01370-PAG: Progressive Casualty Insurance
`Company versus Safeco Insurance Company of Illinois, Safeco Insurance Company of
`America, Safeco Corporation, Liberty Mutual Insurance Company, Liberty Mutual Group lnc.,
`The Ohio Casualt
`Insurance Coman , and Oen Seas Solutions, |nc., 99 aes.
`Defendants‘ Motion to Stay Litigation Pending Ex Parte Reexamination of the Patent—ln—Suit by
`the United States PTO filed October 14,2010, Case No. 1:10-cv-01370-PAG: Progressive
`Casualty Insurance Company versus Safeco Insurance Company of Illinois, Safeco Insurance
`Company of America, Safeco Corporation, Liberty Mutual Insurance Company, Liberty Mutual
`Group |nc., The Ohio Casualty Insurance Company, and Open Seas Solutions, lnc., 339
`pages.
`
`EXAMINER
`
`DATE CONSIDERED
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609;
`Draw line through citation if not in conformance and not considered. Include copy of this form with next
`communication to applicant.
`
`Page 000315
`
`
`
`I FORM PTO-1449
`
`LIST OF PATENTS AND PUBLICATIONS FOR
`APPL|CANT’S INFORMATION DISCLOSURE
`STATEMENT
`
`SERIAL NO.
`
`FILING DATE
`
`12/132,487
`
`June 3, 2008
`
`Pa_ge4of5
`
`CASE NO.
`
`12654-42
`GROUP ART UNIT
`3695
`
`(use several sheets if necessary)
`
`APPLICANT(S): Raymond Scott Ling et al.
`
`I
`
`EXAMINER
`INITIAL
`
`OTHER ART — NON PATENT LITERATURE DOCUMENTS
`(Include_name of author, title of the article (whenappropriate), title of the item _(book, magazine, journal, serial,
`symposium, catalog, etc.), date page(s), volume-issue number(s), publisher, city andlor country where published.
`Defendants’ Reply Memorandum In Support of Their Motion to Dismiss for Failure to State a
`Claim Upon which Relief may be Granted filed October 26, 2010, Case No. 1:10—cv-01370-
`PAG: Progressive Casualty Insurance Company versus Safeco Insurance Company of Illinois,
`Safeco Insurance Company of America, Safeco Corporation, Liberty Mutual Insurance
`Company, Liberty Mutual Group Inc., The Ohio Casualty Insurance Company, and Open Seas
`Solutions, lnc., 13 no .
`Defendants’ Reply Memorandum In Support of Their Motion to Stay Litigation Pending Ex
`Parte Reexamination of the Patent-In-Suit by the United States PTO filed November 4, 2010,
`Case No. 1:10—cv-01370-PAG: Progressive Casualty Insurance Company versus SafeCo
`Insurance Company of Illinois, SafeCo Insurance Company of America, SafeCo Corporation,
`Liberty Mutual Insurance Company, Liberty Mutual Group lnc., The Ohio Casualty Insurance
`Company, and Open Seas Solutions, |nc., 12 aes.
`Dorweiler, P., "Notes on Exposure and Premium Bases," Proceedings of the Casualty Actuarial
`Society, Vol. 16, Nos. 33 & 34, 1929-1930, pp. 319-343.
`Hanneghan et al., "The World-Wide Web As A Platform for Supporting Interactive Concurrent
`Engineering," Proceedings of Advanced Information Systems Engineering — 8th International
`Conference, CAiSE'96, Heraklion, Crete, Greece, May 20-24, 1996, 17 pages. (available from
`
`Memorandum of Opinion and Order (regarding Defendants‘ Motion to Dismiss for Failure to
`State a Claim Upon Which Relief May Be Granted) dated November 12, 2010, Case No. 1:10-
`cv-01370-PAG: Progressive Casualty Insurance Co. versus Safeco Insurance Co, et al., 10
`aes.
`
`Memorandum of Opinion and Order (regarding Defendants‘ Motion to Stay Litigation Pending
`Ex Parte Reexamination of the Patent-In-Suit by the United States PTO) dated November 12,
`2010, Case No. 1:10—cv-01370-PAG: Progressive Casualty Insurance Co. versus Safeco
`Insurance Co., et al., 9 aes.
`Narten, T., "File Server," Encyclopedia of Computer Science, Ed. Anthony Ralston and Edwin
`D. Reill
`, 3rd. Ed., New York: Van Nostrand Reinhold, co riht 1993,
`a .554-555.
`“Operation of an Audited-Mile/Year Automobile Insurance System—Under Pennsylvania Law," A
`Study Prepared for Sponsors of Pennsylvania Senate Bill SB 775 and Pennsylvania House Bill
`1881 and other Interested Members of the Pennsylvania General Assembly, NOW Insurance
`Pro'ect for National Oranization forWomen, June 1992, 18
`.
`Progressive's Memorandum in Opposition to Defendants‘ Motion to Dismiss for Failure to State
`a Claim Upon which Relief may be Granted filed October 12, 2010, Case No. 1:10—cv-01370-
`PAG: Progressive Casualty Insurance Company versus Safeco Insurance Company of Illinois,
`Safeco Insurance Company of America, Safeco Corporation, Liberty Mutual Insurance
`Company, Liberty Mutual Group lnc., The Ohio Casualty Insurance Company, and Open Seas
`Solutions, Inc., 59 paes.
`
`EXAMINER
`
`DATE CONSIDERED
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609;
`Draw line through citation if not in conformance and not considered. Include copy of this form with next
`communication to applicant.
`
`Page 000316
`
`
`
`
`
`SERIAL NO.
`
`FILING DATE
`
`12/132,487
`
`June 3, 2008
`
`CASE NO.
`
`12654-42
`GROUP ART UNIT
`3695
`
`FORM PTO-1449
`
`LIST OF PATENTS AND PUBLICATIONS FOR
`APPLICANT’S INFORMATION DISCLOSURE
`STATEMENT
`
`(use several sheets if necessary)
`
`APPLICANT S : Ra mond Scott Lin et al.
`
`EXAMINER
`INITIAL
`
`OTHER ART — NON PATENT LITERATURE DOCUMENTS
`(lncludehname of author, title of the article (whenappropriate), title of the item _(book, magazine, journal, serial,
`symposium, catalog, etc.), date page(s), volume-issue number(s), publisher, city andlor count where published.
`Progressive‘s Memorandum in Opposition to Defendants‘ Motion to Stay Litigation Pending Ex
`Parte Reexamination of the Patent-In-Suit by the USPTO filed October 28, 2010, Case No.
`1:10—cv—O1370—PAG: Progressive Casualty Insurance Company versus Safeco Insurance
`Company of Illinois, Safeco Insurance Company of America, Safeco Corporation, Liberty
`Mutual Insurance Company, Liberty Mutual Group lnc., The Ohio Casualty Insurance
`, and Oen Seas Solutions, Inc., 80
`
`Auust 1995, so 209-211.
`
`"Vehicle Alert -and Notification System," IBM Technical Disclosure Bulletin, Vol. 38, No. 8,
`
`EXAMINER
`
`DATE CONSIDERED
`
`EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609;
`Draw line through citation if not in conformance and not considered. Include copy of this form with next
`communication to applicant.
`
`Page 000317
`
`
`
`Electronic Acknowledgement Receipt
`
`Application Number:
`
`12132487
`
`International Application Number:
`
`Confirmation Number:
`
`7812
`
`Title of Invention:
`
`VEHICLE MONITORING SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Raymond Scott Ling
`
`Customer Number:
`
`10999
`
`Filer:
`
`James A. Collins/Nkosi Harvey
`
`Receipt Date:
`
`Filing Date:
`
`09-MAR-2011
`
`03—JUN—2008
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`File Listing:
`
`Document
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`1f4(
`
`Foreign Reference
`
`CA_2_151_458.pdf
`
`13077637d4fl7e40354ddc32ac8(5169a13a
`
`Information:
`
`Page 000318
`
`
`
`Foreign Reference
`
`CA_2_164_608.pdf
`
`Foreign Reference
`
`CA_2_229_238.pdf
`
`Foreign Reference
`
`EP_0_383_593_A2.pdf
`
`Foreign Reference
`
`EP_0_444_738_A2.pdf
`
`1962395
`
`a$0dc704082509b836f31a059ff68fac4e9
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`994248
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`81:
`
`581443
`
`d 19ea72dde91 541 ac8dI418a06b1 91379521
`07d5f
`
`Foreign Reference
`
`EP_O_700_009_A3_Abstract.
`
`1:6916d142103a1dbe30e914e7c00Zd41 ef0
`a74d0
`
`100666
`
`Foreign Reference
`
`EP,0,895,173,A3.pdf
`
`261096
`
`6426fd3f81dcd76ar3f3ee2Ib3b26f!;)ace12
`d05d
`
`.
`Foreign Reference
`
`EP_1_128_265_A1_Abstract.
`
`188639
`
`4204863a3df8e0efb5ca311d:ebbd84bc3S
`cIeb9
`
`Foreign Reference
`
`EP_1_160_707_A2.pdf
`
`265407
`
`4b262d9101b<38Q4a7a8