amendment. For the reasons provided with respect to claim 27 and in view of the pending
`
`amendment to claim 28, the Patent Owner respectfully requests withdrawal of the pending §112
`
`2nd paragraph rejection.
`
`K.
`
`Claim 29: The Patent Owner submits that the rejection is obviated by appropriate
`
`amendment. The Patent Owner appreciates the Office Action’s recognition that the ’970 Patent
`
`discloses monitoring and recording speed data, monitoring and recording vehicle speed in excess
`
`of predetermined speed limits in combination with location data, and the recording of time
`
`duration of speeds in the excessive limits. Office Action at 70; ’970 Patent col. 8, lines 46-52.
`
`Further, it is appreciated that the Office Action recognizes that the ’970 Patent discloses access
`
`to speed limits stored in a computer database. In view of this amendment, the Patent Owner
`
`respectfully requests withdrawal of the pending §1l2 2nd paragraph rejection.
`
`L.
`
`Claim 32: The Office Action’s indefiniteness rejection of claim 32 may be
`
`summarized by questions presented in the Office Action. First, the Office Action asks whether
`
`the claim language at its broadest reasonable interpretation requires these steps of the instant
`
`claim to comprise steps in addition to the steps of claim 6 or not. Claim 32 requires the recited
`
`steps to be performed in addition to the steps of claim 6. Specifically, claim 32 uses the “further
`
`comprising” transitional phrase, which indicates that the steps that follow are in addition to the
`
`steps recited in claim 6.
`
`Second, the Office Action asks whether the claim language at its broadest reasonable
`
`interpretation requires determination of an indication of an occurrence of an event or
`
`determination of an indication of a time of an occurrence of an event. The Patent Owner submits
`
`that this issue has been obviated by appropriate amendment. Amended claim 32 requires
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 24 of 42
`
`Page 000199
`
`

`
`determining an amount of time that the vehicle is driven at high risk times and determining an
`
`insurance cost based on the amount of time that the vehicle is driven at high risk times. Support
`
`for this claim language can be found at least at col. 4, lines 27-39; col. 4, line 52 to col. 5, line 1;
`
`and col. 6, lines 24-40.
`
`In view of this amendment, the Patent Owner respectfully requests
`
`withdrawal of the pending §1l2 2nd paragraph rejection.
`
`M.
`
`Claim 34: The Office Action’s indefiniteness rejection of claim 34 may be
`
`summarized by questions presented in the Office Action. First, the Office Action asks whether
`
`the claim language at its broadest reasonable interpretation requires the steps of the instant claim
`
`to comprise steps in addition to the steps of claim 6 or not. Claim 34 requires the recited steps to
`
`be performed in addition to the steps of claim 6. Specifically, claim 34 uses the “further
`
`comprising” transitional phrase, which indicates that the steps that follow are in addition to the
`
`steps recited in claim 6.
`
`Second, the Office Action asks whether the claim language at its broadest reasonable
`
`interpretation requires determination of an indication of an occurrence of an event or
`
`determination of an indication of a location of an occurrence of an event. The Patent Owner
`
`submits that this issue has been obviated by appropriate amendment. Amended claim 34
`
`requires determining an amount of time that the vehicle is driven in high risk locations and
`
`determining an insurance cost based on the amount of time that the vehicle is driven in high risk
`
`locations. Support for this claim language can be found at least at col. 4, lines 27-39; col. 4, line
`
`52 to col. 5, line 1; and col. 6, lines 24-40. In View of this amendment, the Patent Owner
`
`respectfully requests withdrawal of the pending §1l2 2nd paragraph rejection.
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 25 of 42
`
`Page 000200
`
`

`
`N.
`
`Claim 35:
`
`The Office Action’s indefiniteness rejection of claim 35 may be
`
`summarized by questions presented in the Office Action. First, the Office Action asks whether
`
`the claim language at its broadest reasonable interpretation requires the steps of the instant claim
`
`to comprise steps in addition to the steps of claim 6 or not. Claim 35 requires the recited steps to
`
`be performed in addition to the steps of claim 6. Specifically, claim 35 uses the “further
`
`comprising” transitional phrase, which indicates that the steps that follow are in addition to the
`
`steps recited in claim 6.
`
`Second, the Office Action asks whether the claim language at its broadest reasonable
`
`interpretation requires lateral acceleration to be based on raw data elements or any data elements.
`
`The Patent Owner submits that
`
`this issue has been obviated by appropriate amendment.
`
`Amended claim 35 requires recording a lateral acceleration of the Vehicle. Support for this claim
`
`language can be found at least at col. 7, lines 21-26 and column 8, line 11.
`
`In View of this
`
`amendment,
`
`the Patent Owner respectfully requests withdrawal of the pending §112 2nd
`
`paragraph rejection.
`
`O.
`
`Claim 39: The Office Action’s indefiniteness rejection of claim 39 may be
`
`summarized by questions presented in the Office Action. First, the Office Action asks whether
`
`the claim language at its broadest reasonable interpretation requires the step of the instant claim
`
`to comprise a step in addition to the steps of claim 6 or not. Claim 39 requires the recited step to
`
`be performed in addition to the steps of claim 6. Specifically, claim 39 uses the “further
`
`comprising” transitional phrase, which indicates that the step that follows is in addition to the
`
`steps recited in claim 6.
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 26 of 42
`
`Page 000201
`
`

`
`Second, the Office Action asks whether there is a difference between an insurance cost
`
`and an insurance premium. The Patent Owner submits that this issue has been obviated by
`
`appropriate amendment. Claim 39 has been amended to remove the reference to an “insurance
`
`premium.” However, the reference to an “insurance cost” in claim 39 is intended to be broad
`
`enough to cover an insurance cost to a customer, such as the costs commonly known as
`
`insurance premiums. In view of this amendment, the Patent Owner respectfully requests
`
`withdrawal of the pending §112 2nd paragraph rejection.
`
`P.
`
`Claim 41: The Office Action’s indefiniteness rejection of claim 41 may be
`
`summarized by a question presented in the Office Action. Specifically, the Office Action asks
`
`whether the claim language at its broadest reasonable interpretation requires the steps of the
`
`instant claim in addition to the steps of claim 6 or not. Claim 41 requires the recited steps to be
`
`performed in addition to the steps of claim 6. Specifically, claim 41 uses the “further
`
`comprising” transitional phrase, which indicates that the steps that follow are in addition to the
`
`steps recited in claim 6. Therefore, the Patent Owner respectfully requests withdrawal of the
`
`pending §112 2nd paragraph rejection.
`
`Q.
`
`Claim 49:
`
`The Office Action’s indefiniteness rejection of claim 49 may be
`
`summarized by a question presented in the Office Action. Specifically, the Office Action asks
`
`whether the claim language at its broadest reasonable interpretation requires the steps of the
`
`instant claim in addition to the steps of claim 6 or not. Claim 49 requires the recited steps to be
`
`performed in addition to the steps of claim 6.
`
`Specifically, claim 49 uses the “further
`
`comprising” transitional phrase, which indicates that the steps that follow are in addition to the
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 27 of 42
`
`Page 000202
`
`

`
`steps recited in claim 6. Therefore, the Patent Owner respectfully requests withdrawal of the
`
`pending §1l2 2nd paragraph rejection.
`
`R.
`
`Claim 50:
`
`The Office Action’s indefiniteness rejection of claim 50 may be
`
`summarized by a question presented in the Office Action. Specifically, the Office Action asks
`
`whether the claim language at its broadest reasonable interpretation requires these steps of the
`
`instant claim in addition to the steps of claim 6 or not. Claim 50 requires the recited steps to be
`
`performed in addition to the steps of claim 6.
`
`Specifically, claim 50 uses the “further
`
`comprising” transitional phrase, which indicates that the steps that follow are in addition to the
`
`steps recited in claim 6. Therefore, the Patent Owner respectfully requests withdrawal of the
`
`pending §1l2 2nd paragraph rejection.
`
`S.
`
`Claim 62: The Patent Owner submits that
`
`this rejection has been obviated by
`
`appropriate amendment. Amended claim 62 requires generating an insurance cost based on at
`
`least one of the one or more data elements and at least one of the actuarial classes.
`
`In view of
`
`this amendment, the Patent Owner respectfully requests withdrawal of the pending §112 2nd
`
`paragraph rejection.
`
`T.
`
`Claim 64: The Office Action does not present any new indefiniteness issues with
`
`respect to the language of claim 64. Rather, the rejection of claim 64 only refers back to the
`
`discussion of claims 40 and 61-63. Therefore, Applicants assert that claim 64 is clear and those
`
`skilled in the art would understand what is claimed for the same reasons as discussed above in
`
`connection with the relevant portions of claims 40 and 62 (claims 61 and 63 have been
`
`canceled).
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 28 of 42
`
`Page 000203
`
`

`
`U.
`
`Claim 68:
`
`The Office Action’s indefiniteness rejection of claim 68 may be
`
`summarized by a question presented in the Office Action. Specifically, the Office Action asks
`
`whether the claim language at its broadest reasonable interpretation requires the steps of the
`
`instant claim to comprise steps in addition to the steps of claim 6 or not. Claim 68 requires the
`
`recited steps to be performed in addition to the steps of claim 6. Specifically, claim 68 uses the
`
`“further comprising” transitional phrase, which indicates that the steps that follow are in addition
`
`to the steps recited in claim 6. Therefore, the Patent Owner respectfully requests withdrawal of
`
`the pending §112 2nd paragraph rejection.
`
`V.
`
`Claim 69:
`
`The Office Action’s indefiniteness rejection of claim 69 may be
`
`summarized by a question presented in the Office Action. Specifically, the Office Action asks
`
`whether the claim language at its broadest reasonable interpretation requires the steps of the
`
`instant claim to comprise steps in addition to the steps of claim 6 or not. Claim 69 requires the
`
`recited steps to be performed in addition to the steps of claim 6. Specifically, claim 69 uses the
`
`“further comprising” transitional phrase, which indicates that the steps that follow are in addition
`
`to the steps recited in claim 6. Therefore, the Patent Owner respectfully requests withdrawal of
`
`the pending §112 2nd paragraph rejection.
`
`W.
`
`Claim 80: The Office Action’s indefiniteness rejection of claim 80 may be
`
`summarized by questions presented in the Office Action and one alleged antecedent basis issue.
`
`First, the Office Action asks whether the claim language at its broadest reasonable interpretation
`
`requires these steps of the instant claim to comprise steps in addition to the steps of claim 6 or
`
`not. Claim 80 requires the recited steps to be performed in addition to the steps of claim 6.
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 29 of 42
`
`Page 000204
`
`

`
`Specifically, claim 80 uses the “further comprising” transitional phrase, which indicates that the
`
`steps that follow are in addition to the steps recited in claim 6.
`
`Second, the Office Action asks whether the claim language at its broadest reasonable
`
`interpretation require the “speed threshold” to be a “speed limit.” This issue has been obviated
`
`by an amendment to claim 80 that replaces the word “threshold” with the word “limit.”
`
`Third, the Office Action raises an alleged antecedent basis issue with the phrase “that a
`
`speed of the vehicle is above the predetermined speed threshold” because the preceding
`
`comparison step does not positively recite that the comparison results in the speed exceeding the
`
`threshold. This issue has been obviated by an amendment to claim 80 to recite that the speed
`
`data indicates an occurrence of an excessive speed event above the predetermined speed
`
`threshold.
`
`In view of these amendments, the Patent Owner respectfully requests withdrawal of
`
`the pending §112 2nd paragraph rejection.
`
`VI. STATUS & EXEMPLARY SUPPORT FOR ADDED DEPENDENT CLAIMS.
`
`Claims Pending: 1, 3-15, 17, 18, 20, 22-29, 32, 34, 35, 39, 41, 49-55, 62, 64, 68-70, 76, 77, 80.
`
`Claims Amended: 1, 3-6, 17, 18, 20, 22-29, 32, 34, 35, 39, 41, 49-51, 62, 64, 68, 70, 80.
`
`Claims Cancelled: 2, 16, 19, 21, 30, 31, 33, 36-38, 40, 42-48, 56-61, 63, 65-67, 71-75, 78, 79.
`
`Exemplary support for the amendments to the dependent claims and marked-up versions of the
`
`added dependent claims illustrating the changes made to these claims by this Response to Office
`
`Action follows. The support cited below is directed to the amended language and supplements
`
`the citations identified in the Patent Owner’s April 6, 2011 Response to Office Action and the
`
`citations Cited in the pending Office Action.
`
`The amendments to the claim 17 are further supported by col. 6, lines 59-64; col. 7, 18-21 and
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 30 of 42
`
`Page 000205
`
`

`
`61; col. 8, 46-52.
`
`The amendments to claim 18 are further supported by col. 7, line 26-col. 8, line 25 (e. g., see
`
`col. 7, lines 62-63) and col. 8, 46-52.
`
`The amendments to claim 20 are supported by the passages previously identified.
`
`The amendments to claim 22 are supported by the passages previously identified.
`
`The amendments to the claim 23 are further supported by col. 6, lines 29-31 and 42-48; col. 7,
`
`18-21 and 61; C01. 8, 46-52.
`
`The amendments to claim 24 are further supported by col. 6, lines 46-48.
`
`The amendments to the claim 25 are further supported by Col. 6, lines 29-31 and 42-48 and 41.
`
`The amendments to claim 26 are supported by the passages previously identified.
`
`The amendments to claim 27 are further supported by col. 6, lines 59-63.
`
`The amendments to claim 28 are supported by the passages previously identified.
`
`The amendments to claim 29 are further supported by col. 6, lines 59-63.
`
`The amendments to claim 32 are further supported by col. 4, lines 27-39; col. 4, line 52 to col.
`
`5, line 1; and col. 6, lines 24-40.
`
`The amendments to claim 34 are further supported by col. 4, lines 27-39; col. 4, line 52 to col.
`
`5, line 1; and col. 6, lines 24-40.
`
`The amendments to claim 35 are further supported by col. 7, lines 21-26 and column 8, line 11.
`
`The amendments to claim 39 are supported by the passages previously identified.
`
`The amendments to claim 41 are supported by the passages previously identified.
`
`The amendments to claim 49 are supported by the passages previously identified.
`
`The amendments to claim 50 are supported by the passages previously identified.
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 31 of 42
`
`Page 000206
`
`

`
`The amendments to claim 51 are supported by the passages previously identified.
`
`The amendments to claim 62 are further supported by col. 3, lines 40-58; col. 4, lines 27-31;
`
`col. 4, lines 52-57; and col. 5, lines 28-43.
`
`The amendments to claim 64 are supported by the passages previously identified.
`
`The amendments to claim 68 are supported by the passages previously identified.
`
`The amendments to claim 80 are supported by the passages previously identified.
`
`VII. CHANGES TO THE CLAIMS.
`
`The changes made to claims 1-15 are shown above. The changes made to claims 16-80 are
`
`shown below.
`
`16. (cancelled).
`
`17. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data; wherein the
`
`step of analyzing, grouping, and storing comprises] further comprising:
`
`determining a location of the vehicle from vehicle tracking navigation signals; and
`
`[grouping a selected data element of the one or more data elements in the first memory in
`
`combination with] storing [a] th_elocation of the vehicle [associated with the selected data
`
`element] in the first memory when the one or more data elements are stored.
`
`18. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data; wherein the
`
`step of analyzing, grouping, and storing_comprises grouping a selected data element of the one or
`
`more data elements in the first memory in combination with] further comprising storing a time or
`
`date when the one or more data elements are stored [associated with the selected data element].
`
`19. (cancelled).
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 32 of 42
`
`Page 000207
`
`

`
`20. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`calculating a rate of acceleration of the vehicle based on [at least one of] the one or more
`
`data elements; and
`
`determining whether the rate of acceleration [indicates a trigger event which] would
`
`result in a surcharge or discount during an insurance billing process.
`
`21. (cancelled).
`
`22. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`recording a number of excessive [rates of] gsudden acceleration events during the data
`
`collection period [that are identified as being excessive or sudden; and
`
`computing the insurance rating for the vehicle based on the number of identified
`
`excessive or sudden acceleration events].
`
`23. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`monitoring a rate of braking associated with the vehicle by the computer programmed to
`
`monitor sensor data [based on at least one of the one or more data elements; and
`
`using the rate of braking associated with the vehicle to compute the insurance rating for
`
`the vehicle].
`
`24. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`monitoring a rate of braking associated with the vehicle by the computer programmed to
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 33 of 42
`
`Page 000208
`
`

`
`monitor sensor data [based on at least one of the one or more data elements]; and
`
`determining whether the rate of braking [indicates a trigger event which] would result in
`
`a surcharge or discount during an insurance billing process.
`
`25. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`monitoring a rate of braking associated with the vehicle by the computer programmed to
`
`monitor sensor data[based on at least one of the one or more data elements];
`
`determining whether the rate of braking has a preselected relationship to a predetermined
`
`safety standard; and
`
`recording the rate of braking in the first memory in response to determining that the rate
`
`of braking has the preselected relationship to the safety standard.
`
`26. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`recording a number of sudden braking events or hard braking situations during the data
`
`collection period [that are identified as being excessive or sudden; and
`
`computing the insurance rating for the vehicle based on the number of identified
`
`excessive or sudden braking events].
`
`27. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`determining a location of the vehicle through navigation signals;
`
`monitoring and recording [determining] speed data associated with [a] ‘th_e location of the
`
`vehicle through the computer programmed to monitor sensor data[based on at least one of the
`
`one or more data elements];
`
`identifying a predetermined speed limit [threshold] associated with the location of the
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 34 of 42
`
`Page 000209
`
`

`
`vehicle; and
`
`comparing the speed data to the predetermined speed limit [threshold] to determine that
`
`the speed data indicates an occurrence of an excessive speed event above the predetermined
`
`speed limit [threshold; and
`
`computing the insurance rating for the vehicle based on the occurrence of the excessive
`
`speed event].
`
`28. (previously presented) The method according to claim 27, further comprising measuring a
`
`time duration of the excessive speed event above the predetermined speed limit [threshold,
`
`wherein the step of computing the insurance rating comprises computing the insurance rating for
`
`the vehicle based on the time duration of the excessive speed event].
`
`29. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`determining a location of the vehicle through navigation signals;
`
`monitoring and recording [determining] speed data associated with [a] tl1_e location of the
`
`vehicle through the computer programmed to monitor sensor data[based on at least one of the
`
`one or more data elements];
`
`extracting speed limit data associated with the location of the vehicle from a computer
`
`database;
`
`comparing the speed data to the speed limit data to determine whether the speed data
`
`indicates an occurrence of an excessive speed event above the speed limit data; and
`
`recording the speed data in the first memory in response to determining that the speed
`
`data indicates an occurrence of an excessive speed event above the speed limit data.
`
`30 — 31. (cancelled).
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 35 of 42
`
`Page 000210
`
`

`
`32. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`monitoring time of day driving data associated with the vehicle;
`
`determining an amount of time that the vehicle is driven at high risk times| that the time
`
`of day driving data indicates an occurrence of a high risk driving time event]; and
`
`[computing the insurance rating for the vehicle based on the occurrence of the high risk
`
`driving time event] determining an insurance cost based on the amount of time that the vehicle is
`
`driven at high risk times.
`
`33. (cancelled).
`
`34. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`monitoring driving route data associated with a location of the vehicle;
`
`determining an amount of time that the vehicle is driven in high risk locations[ that the
`
`driving route data indicates an occurrence of a high risk driving location event]; and
`
`[computing the insurance rating for the vehicle based on the occurrence of the high risk
`
`driving location event]detern1ining an insurance cost based on the amount of time that the
`
`vehicle is driven in high risk locations.
`
`35. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`recording a lateral acceleration of the vehicleL[ based on at least one of the one or more
`
`data elements; and
`
`using the lateral acceleration of the vehicle to compute the insurance rating for the
`
`vehicle.]
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 36 of 42
`
`Page 000211
`
`

`
`36 — 38. (cancelled).
`
`39. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising prospectively setting an insurance cost [or an insurance premium ]associated
`
`with the Vehicle based on at least one of the one or more data elements.
`
`40. (cancelled).
`
`41. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`using one or more of the one or more data elements to determine an insurance actuarial
`
`class associated with the Vehicle; and
`
`using one or more of the one or more data elements to determine a surcharge or discount
`
`to be applied to a base cost of insurance associated with the Vehicle.
`
`42 — 48. (cancelled).
`
`49. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`determining acceleration data 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 acceleration data.
`
`50. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`determining braking data associated with the Vehicle based on at least one of the one or
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 37 of 42
`
`Page 000212
`
`

`
`more data elements; and
`
`determining an insurance actuarial class based on the braking data.
`
`51. (twice amended) The method according to claim 6, wherein the [step of extracting comprises
`
`extracting the one or more data elements from the at least one sensor by] computer is an on-
`
`board computer comprising a computer processor and computer memory.
`
`52. (previously presented) The method according to claim 6, wherein the step of extracting
`
`comprises communicating one or more raw data elements to a computer through an on—board
`
`diagnostics (OBD) connector of the vehicle.
`
`53. (previously presented) The method according to claim 6, wherein the at least one sensor
`
`comprises an in—vehicle sensor in operative connection with a data bus of the vehicle, and
`
`wherein the step of extracting comprises monitoring the at least one operating state of the vehicle
`
`through the at least one in—vehicle sensor.
`
`54. (previously presented) The method according to claim 6, wherein the at least one sensor
`
`comprises a power train sensor coupled with the vehicle, an in—vehicle electrical sensor coupled
`
`to the vehicle, and an in—vehicle body sensor coupled with the vehicle;
`
`wherein the one or more data elements comprise a first data element, a second data
`
`element, and a third data element;
`
`wherein the step of extracting comprises:
`
`extracting the first data element from the power train sensor coupled with the vehicle;
`
`extracting the second data element from the in—vehicle electrical sensor coupled to the
`
`vehicle; and
`
`extracting the third data element from the in—vehicle body sensor coupled with the
`
`vehicle.
`
`55. (previously presented) The method according to claim 6, further comprising:
`
`analyzing the one or more data elements to identify a trigger event requiring additional
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 38 of 42
`
`Page 000213
`
`

`
`action; and
`
`transmitting a location of the vehicle by an on—board computer to a remote control center
`
`in response to determining that the one or more data elements comprise the trigger event.
`
`56 — 61. (cancelled).
`
`62. (amended) The method according to claim 6, further comprising generating an insurance cost
`
`based on at least one of the one or more data elements and at least one of the actuarial
`
`classes[insurance rating for the vehicle for the data collection period, where the preset values
`
`comprise a safety standard value or other actuarial standard value].
`
`63. (cancelled).
`
`64. (twice amended) The method according to claim [63 ]Qwhere the insurance cost is for a
`
`prospective or retrospective basis.
`
`65 — 67. (cancelled).
`
`68. (twice amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`calculating a distance traveled by the vehicle based on at least one of the one or more
`
`data elements extracted from the at least one sensor;
`
`determining speed data associated with the vehicle based on at least one of the one or
`
`more data elements;
`
`recording a rate of change in vehicle speed with respect to time based on at least one of
`
`the one or more data elements extracted from the at least one sensor; and
`
`processing the distance traveled, the rate of change in vehicle speed with respect to time,
`
`and the speed data to compute the insurance rating for the vehicle.
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 39 of 42
`
`Page 000214
`
`

`
`69. (previously presented) The method according to claim 68, further comprising:
`
`monitoring time of day driving data associated with the vehicle; and
`
`processing the time of day driving data to compute the insurance rating for the vehicle.
`
`70. (amended) A method of monitoring a human controlled power source driven vehicle, the
`
`method comprising:
`
`generating actuarial classes of insurance from actual driving characteristics that are
`
`monitored and recorded, the actuarial classes comprising groupings of individuals or vehicles
`
`having a similar risk characteristic;
`
`extracting one or more [and storing in the vehicle a plurality of] data elements through an
`
`on—board computer from at least one sensor [from a plurality of in—vehicle sensors] wherein the
`
`one or more [plurality of data] elements are of at least one [generated by an] operating state of
`
`the vehicle and ‘th_e at least one human's actions during a data collection period;
`
`analyzing, grouping, and storing the one or more data elements [plurality of data
`
`elements] as group data values in a first memory related to a predetermined group [of risk
`
`assessment] elements [during the data collection period];
`
`correlating the group data values to preset [insurance] values related to safety standards
`
`in a second memory and generating an output data value based on the correlation; and
`
`computing an insurance rating based upon [for the vehicle for the data collection period
`
`based on] the output data value for the vehicle for the data collection period.
`
`71 — 75. (cancelled).
`
`76. (previously presented) The method of claim 5, wherein the surcharge or discount comprises a
`
`discount, and wherein producing the final cost of vehicle insurance comprises applying the
`
`discount to the base cost of vehicle insurance.
`
`77. (previously presented) The method of claim 5, wherein the surcharge or discount comprises a
`
`surcharge, and wherein producing the final cost of vehicle insurance comprises applying the
`
`surcharge to the base cost of vehicle insurance.
`
`Reexamination Control No. 90/011,252
`U.S. Patent 6,064,970
`
`Atty. Dkt. No. 12741-32
`Page 40 of 42
`
`Page 000215
`
`

`
`78 — 79. (cancelled).
`
`80. (amended) The method according to claim 6, [wherein the step of extracting comprises
`
`extracting the one or more data elements by a computer programmed to gather data, the method]
`
`further comprising:
`
`determining speed data associated with the vehicle based on at least one of the one or
`
`more data elements;
`
`identifying a predetermined speed[ threshold] limit;
`
`co