Application/Control Number: 90/011,252
`Art Unit: 3992
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`Page 17
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`period” is considered to refer to “operator and vehicle driving characteristics during said period”
`
`as set forth in the preamble.
`
`See ‘868 at, e.g., page 4, col. 1, fifth full paragraph, i.e. “In Claims (14) and (15),
`
`detection of a state that contributes to insurance customer risk and evaluation of risk are
`
`carried out in real time and a determination of the change in insurance premium is also
`
`carried out in real time”, page 6, col. 1., last full paragraph, i.e. “Detection of states
`
`contributing to risk and calculation of risk evaluation values by fuzzy logic were carried out in
`
`real time using an external sensor and internal sensor, but the risk evaluation values also may
`
`be determined subsequently, or the change in insurance premium may be calculated subsequently
`
`from the determined risk evaluation values”, page 4, col. 2, second full paragraph and Figure 1,
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`i.e. “The means for detecting a state of the insurance customer or subject of risk evaluation
`
`that contributes to risk is an external sensor 1 and an internal sensor 2.”, page 6, col. 2, second
`
`full paragraph, i.e. “Fig. 5 is a configuration diagram of a device that employs an insurance
`
`premium determination system in a risk evaluation device installed in a vehicle
`
`(automobile).”, page 7, col. 1, first full paragraph, i.e. “Moreover, in this example of
`
`embodiment, the detection data from the control operation detection part 44 is also used as a
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`fuzzy input value. The control operation detection part 44 detects clearly intentional
`
`operations, for example, when there is a deviation in the rudder operation mechanism that is at
`1
`
`or above a set value.”, page 7, the paragraph bridging cols. 1-2 and Figures 5 and 9, i.e. “In the
`
`above configuration, states in the operator or moving body used as the subject of risk
`
`evaluation which contribute to risk are respectively detected by the doppler radar main unit
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`30, the speed detector 38, the main engine rotation rate detector 43, and the control operation
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`detection part 44.” and “In addition, in this example of embodiment, an insurance premium
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`determination system is used in addition to risk evaluation, which allows risk evaluations that
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`change from hour to hour during travel to be reflected in the insurance premium”, and
`
`page 8, col. 2-page 9, col. 1, i.e. “Moreover, because of combination with an insurance premium
`
`determination system, it is possible to make settlements by erasing the amount of the insurance
`
`premium change in accordance with risk that varies hourly. Consequently, a fairer insurance
`
`system can be constructed in contrast to conventional casualty insurance clerical wor .” and “In
`
`'1 the invention, by using a risk evaluation device that has a risk evaluation means that
`
`evaluates risk along with a means for determining changes in insurance premiums,
`
`insurance premiums can be determined in accordance with the degree of risk in subjects of
`
`risk evaluation which changes over time.” (Emphasis supra added.)
`
`Therefore, ‘868 teaches monitoring a plurality of data elements representative of an
`
`operating state of a vehicle or an action of the operator e. g. monitoring a state that contributes to
`
`risk or intentional operation of the customer/vehicle operator, during the selected period, i.e. real
`
`time, hourly, daily.
`
`recording "selected ones of the plurality of dataelements when said ones are determined to
`have a preselected relationship to the safety standards;
`
`Note the step does not require recording of the data elements only upon a determination
`
`or recording of only some of the plurality as contrasted to all the data elements. The language
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`“preselected relationship” has not been specifically claimed, i.e. only require some relationship.
`
`The terminology “safety standards” are interpreted to refer to the “predetermined safety
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`Application/Control Number: 90/01 1,252
`Art Unit: 3992
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`.
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`Page 19
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`standards” claimed in the preamble. Therefore, see the discussion of the terminology
`
`“predetermined safety standards” supra.
`
`See again ‘868 at, e. g., claim 5 and page 3, col. 1, fifth full paragraph from the bottom,
`
`e.g. “means for generating a warning when the evaluated risk level is at or above a set
`
`[value]”, page 3, col. 2, last full paragraph, i.e. “...a warning is sent when the risk level
`
`obtained in the manner described above is at or above a set level. The operator can be warned
`
`to pay attention to safe operation by this warning means”, page 7, col. 1, i.e. “The output V0
`
`of this speed detector 38 is conducted to the aforementioned signal preprocessing unit 37 and
`
`is also conducted to the system activation control part 39. This system activation control part
`
`keeps the system in an operating state when the ''sell’’ speed V0 exceeds a set value. . .The
`
`control operation detection part 44 detects clearly intentional operations, for example, when
`
`there is a deviation in the rudder operation mechanism that is at or above a set value.” “The
`
`output of the risk evaluation unit 42 is output to the warning device 45 and monetary
`
`amount file part 46. The warning device 45 warns of the presence of risk using an alarm,
`
`voice, or vibration through operation ofthe risk evaluation unit 42. The monetary amount file
`
`part 46 has a memory that stores the prepayment balance. This monetary amount file part 46
`
`erases, from the prepayment money balance, the insurance premium change corresponding
`
`to the risk evaluation value output from the risk evaluation unit 42.”, page 7, the paragraph
`
`bridging cols. 1-2, Figures 5 and 9, i.e. “In the above configuration, states in the operator or
`
`moving body used as the subject of risk evaluation which contribute to risk are respectively
`
`detected by the doppler radar main unit 30, the speed detector 38, the main engine rotation rate
`
`detector 43, and the control operation detection part 44. The risk evaluation unit 42 continually
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`Application/Control Number: 90/011,252
`Art Unit: 3992
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`evaluates risk using fuzzy logic on fuzzy input values which are input as signals that express
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`these risk contributing states. When the risk value exceeds a set value, a warning is sent by
`
`a warning device 45 to the operator. By using this type of configuration, it is possible to
`
`evaluate risk in accordance with empirical evaluation of individuals”, and page 9, col. 1, i.e.
`
`“Moreover, when the evaluated risk level is at or below a set value, no warning is provided”.
`
`(Emphasis supra added.)
`
`Therefore, ‘868 teaches recording (e. g. risk detection/recording (Note both memory
`
`element 46 and warning device 45 in Figure 5 receive the output signal from 42 ) or warns of
`
`presence of risk above a set value), selected ones of the plurality of data elements (e.g. the risk
`
`contributing states/data), when said ones are determined to have a preselected relationship to the
`
`“safety standards”(e.g. exceeds set values).
`
`consolidating said selected ones for identifying a surcharge or discount to be applied to the
`base cost, and,
`
`The language “said selected ones” is interpreted to referred to “selected ones of the
`
`plurality of data elements” in the previous step.
`
`See ‘868 at, e.g., Figure 9, page 7, bridging cols. 1-2 with regard to Figure 9, Le; “In the
`
`above configuration, states in the operator or moving body used as the subject of risk
`
`evaluation which contribute to risk are respectively detected by the doppler radar main unit 30,
`
`the speed detector 38, the main engine rotation rate detector 43, and the control operation
`
`detection part 44. The risk evaluation unit 42 continually evaluates risk using fuzzy logic on
`
`fuzzy input values which are input as signals that express these risk contributing states.
`
`When the risk value exceeds a set value, a warning is sent by a warning device 45 to the
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`Application/Control Number: 90/01 1,252
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`operator. By using this type of configuration, it is possible to evaluate risk in accordance with
`
`empirical evaluation of individuals” and “The risk evaluation unit 42 then performs real-
`
`time evaluation of the degree of risk during operation from the state signals of the automobile
`
`(boat) using a signal processing process including fuzzy logic. The state signal from the
`
`automobile (boat) includes the "self" ground angle [sic] as V0 from the aforementioned speed
`
`detector 38 along with the rotation rate detected by the main engine rotation rate detector 43.
`
`Moreover, in this example of embodiment, the detection data from the control operation
`
`detection part 44 is also used as a fuzzy input value. The control operation detection part 44
`
`detects clearly intentional operations, for example, when there is a deviation in the rudder
`
`operation mechanism that is at or above a set value.” and “The output of the risk evaluation
`unit 42 is output to the warning device 45 and monetary amount file part 46. The warning
`
`device 45 warns of the presence of risk using an alarm, voice, or vibration through operation of
`
`the risk evaluation unit 42. The monetary amount file part 46 has a memory that stores the
`
`prepayment balance. This monetary amount file part 46 erases, from the prepayment money
`
`balance, the insurance premium change corresponding to the risk evaluation value output
`
`from the risk evaluation unit 42.” (Emphasis added supra).
`
`Therefore, ‘868 teaches consolidating (e.g. combining, e.g. performing real—time
`
`evaluation of the degree of risk during operation from the state signals using a signal processing
`
`process), “said selected ones” (e.g. selected ones of the plurality of data elements, e. g. the risk
`
`contributing states/state signals), for identifying a surcharge or discount to be applied to the base
`
`cost (e. g. the insurance premium change corresponding to the risk evaluation value output from
`
`the risk evaluation unit 42).
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`Application/Control Number: 90/011,252
`Art Unit: 3992
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`Page 22
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`producing a final cost of vehicle insurance for the selected period from the base cost and
`the surcharge or discount.
`.
`-
`With regard to the language “a final cost”, “a base cost” and “the surcharge or discount”,
`
`see discussion of the terminology “a cost of insurance” with regard to claim 4 supra and the
`
`terminology “a base cost” with regard to this claim supra.
`
`Furthermore, see ‘868 at, e.g., the title, claims 1-17, esp. claims 7 and 10, i.e. “change
`
`relative to a prepayment amount”, claim 9, i.e. “the insurance premium change”, page 2, the
`
`paragraph bridging cols. 1-2, i.e. “The present invention relates to a risk evaluation device for
`
`evaluating risk in moving bodies (vehicles) or insurance customers, and an insurance premium
`
`determination device that employs this risk evaluation device.", page 2, col. 2, last full
`
`paragraph, i.e. ". . .an objective of the invention is to provide an insurance premium
`
`determination device whereby insurance premiums can be increased or decreased by
`
`continually determining insurance premium changes through the detection of states that lead
`
`to risk in the insurance customer, page 3, col. 1, lines 12-13, i.e. “The subject being evaluated
`
`for risk is a moving body that is being operated or the operator thereof. . .”, page 4, fifth full
`
`paragraph, i.e. “In Claims (14) and (15), detection of a state that contributes to insurance
`
`customer risk and evaluation of risk are carried out in real time and a determination of the
`
`change in insurance premium is also carried out in real time”, bridging pages 5-6, i.e. “The
`
`prepayment amount that has been paid in advance on land is stored in the logic part 21, and a
`
`process is carried out in which a unit fee is taken from this prepayment amount.”, page 6, col.
`
`2, second full paragraph, i.e. “Fig. 5 is a configuration diagram of a device that employs an
`
`insurance premium determination system in a risk evaluation device installed in a vehicle
`
`(automobile).”, page 7, col. 1, second full paragraph, i.e. “The output of the risk evaluation unit
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`Page 23
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`Art-Unit: 3992
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`42 is output to. . .moneta1y amount file part 46...The monetary amount file part 46 has a
`
`memory that stores the prepayment balance. This monetary amount file part 46 erases, from
`
`the prepayment money balance, the insurance premium change corresponding to the risk
`
`evaluation value output from the risk evaluation unit 42.”, page 7, the paragraph bridging
`
`cols. 1-2, i.e. “The risk evaluation unit 42 continually evaluates risks using fuzzy logic on
`
`fuzzy input values which are input as signals that express risk contributing states. . .By using
`
`this type of configuration, it is possible to evaluate risk in accordance with empirical
`
`evaluation of individuals. . .In addition, in this example of embodiment, an insurance premium
`
`determination system is used in addition to risk evaluation, which allows risk evaluations that
`
`change from hour to hour during travel to be reflected in the insurance premium.”, and
`
`page 8, col. 2-page 9, col. 1, i.e. “Moreover, because of combination with an insurance premium
`
`. determination system, it is possible to make settlements by erasing the amount of the
`
`insurance premium change in accordance with risk that varies hourly.” and “In the
`
`invention, by using a risk evaluation device that has a risk evaluation means that evaluates risk
`
`along with a means for determining changes in insurance premiums, insurance premiums
`
`can be determined in accordance with the degree of risk in subjects of risk evaluation
`
`which changes over time.”
`
`Therefore, ‘868 teaches producing (e.g. calculating), a final cost of vehicle insurance (e.g.
`
`the prepaid amount minus the insurance premium change), for the selected period (e.g. in real
`
`time, hourly, daily), from the base cost (e.g. the prepaid balance), and the surcharge or discount,
`
`(e. g. the insurance premium change).
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`Application/Control Number: 90/01 1,252
`Art Unit: 3992
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`_
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`Page 24
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`Claim Rejections - 35 USC § 103
`
`4. The following is a quotation of 35 U.S.C. l03(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`5. Claims 1-3 and 6-15 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Bouchard ‘079 in view of Kosaka ‘686 and Black Magic.
`
`The reference to Bouchard ('079) includes a filing date prior to the effective filing date (January
`
`29, 1996) of the patent ('970) requested for reexamination and thus are available as prior art
`
`under 35 USC l02(e) and 35 USC 103.
`
`The reference copy of Black Magic indicate a publication date more than one year prior to the
`
`effective filing date (January 29, 1996) of the patent ('970) requested for reexamination and thus
`
`are available as prior art under 35 USC 102(b) and 35 USC 103.
`
`Claim 6:
`
`See ‘079 at the entire disclosure, esp. the Figures, esp. 1-3, 8, 12, 13 and 16-19, and title,
`
`i.e. “Method and Apparatus for Determining Driver Fitness in Real Time”, the abstract, see
`
`supra, col. 1, lines 22-25 and 44-47, i.e. “Whenever a person is responsible for operating a motor
`
`vehicle, it is critical that the person be capable of demonstrating basic cognitive and motorskills
`
`at a level that will assure the safe operation of the vehicle.”, i.e. a non-risky operator, and “While
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`this test more closely approximates the conditions encountered by the driver on the road, it I
`
`nonetheless is not performed under actual conditions or in real-time. Furthermore, the condition
`
`of the driver may change during the course of the trip. For example, the driver may consume
`
`alcohol or a narcotic drug, or may become sleepy after operating the vehicle for a period of time.
`
`Thus, a need exists for dynamic, continuous, real-time testing of a driver's abiligg to safely
`
`operate a vehicle.”, the paragraph bridging cols 3-4, col. 4, line 6-col. 5, line 2, col. 5, line 6-col.
`
`6, line 32, e.g.:
`
`The present invention provides a method and apparatus which functions as
`an event recording device that can personalize a vehicle to the driver
`associated with that event recording device. Further, the present invention
`provides a method and apparatus that converts automotive radar signals into
`digital signals before processing those signals, and both displays the results
`and stores the results of the digital processor in the event recording device.
`Still further, the present invention provides a method and apparatus for
`evaluating a driver's performance under actual real-time conditions to
`determine the driver's abiligy to safely operate a vehicle, utilizing the
`information that is gathered by the radar system and other sensors, together
`with information that was previously stored in the event recording device.
`
`The present invention operates by monitoring conditions external to a
`driver of a motor vehicle. Each of the conditions monitored are used to make a
`
`determination as to whether the driver is performing in conformig with normal
`driving standards and the driver's past performance. The driver's
`performance is constantly monitored and compared to that driver's past
`perfonnance to determine whether the driver's present perfonnance is impaired,
`and if so, whether the impairment is detrimental to the driver's ability to safely
`operate the vehicle. Some of the conditions are monitored by sensors which
`provide independent outputs. Additionally, some of theconditions are determined
`by a vehicular radar system.
`
`In the preferred embodiment of the present invention, the radar system
`operates as a part of three distinct systems: (1 1 a collision warning system,
`£2) an operational event recording system, and (3) a driver fitness evaluation
`system. The three functions are distinct, but share a single radar system that
`provides information to all three systems, and thereby allows a substantial
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`Application/Control Number: 90/011,252 2
`Art Unit: 3992
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`Page 26
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`cost benefit to be realized when the three systems are used together. In an
`alternative embodiment, each system may operate completely independent of each
`other system.
`
`The preferred embodiment of the present invention also provides a
`removable, externally readable, non-volatile solid-state memog event recording
`apparatus (ERA) that records selectable vehicle performance, operational
`status, and/or environment information. The ERA preferably records
`information useful for accident analysis and driver fitness evaluation. In the
`preferred embodiment of the present invention, the information that is recorded is
`also used to determine a baseline performance standard based on the driver's
`past performance against which a driver's present performance can be
`measured. In addition, the ERA of the preferred embodiment of the present
`invention can be used to store updated software for use by a system processor
`capable of reading data from the ERA. The ERA system is config1_1red to store a
`wide variety of vehicle information gathered by sensors dispersed throughout a
`vehicle. The ERA can also be configured to function as a common trip recorder.
`
`In the preferred embodiment of the present invention, each driver maintains a
`removable ERA that is personalized to that particular driver. Each ERA has
`information that identifies the driver, and a record of that driver's driving
`histog and performance. The driver must insert the ERA before the driver may
`start the engine of a vehicle equipped with a system in accordance with the
`preferred embodiment of the present invention. A system processing unit, which
`in the preferred embodiment of the present invention is shared by the radar
`system, the ERA, and the driver fitness evaluating system, generates a profile of
`the driver based upon the information that is stored in the ERA.
`
`The system processor monitors each of the external conditions and
`activities that are relevant to determining the fitness of the driver to
`operate the vehicle. In the preferred embodiment of the present invention, if
`driving performance is found to be below the individual standard calculated for
`that particular driver at any time during a trip, the driver is alerted to the
`fact that driving performance is not up to the calculated individual minimum
`standard.‘ If the driver's performance continues to degrade (or, in an alternative
`embodiment, does not improve), an indication of the driver's performance is
`communicated to a remote site to alert a dispatcher or controller. If the driver's
`performance degrades still further, the vehicle ceases operating after a sufficient
`warning is provided to the driver that such action is imminent. Each step of the
`process, along with the data that is collected at each step of the process, is
`recorded in the ERA.
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`Application/Control Number: 90/011,252
`Art Unit: 3992
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`‘
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`Page 27
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`col. 7, line 11-col. 8, line 48, e.g.:
`
`The present invention is a system for determining whether a driver is fit
`to operate a motor vehicle. The preferred embodiment of the invention operates
`in cooperation with an obstacle detection and collision avoidance system, and
`an operational event recording system. However, the inventive system may
`operate as a stand alone system in which information is dynamically gathered
`by sensors which are dedicated to the pgpose of determining a driver's fitness to
`operate a vehicle.
`
`FIG. 1 is a perspective view of a vehicle 100 in which the preferred embodiment
`of the present invention is installed. A plurality of sensors 4a" and
`receiver/transmitter modules (such as the antenna/microwave transceiver 200
`illustrated in FIG. 2) are strategically located within the vehicle 100. As
`depicted in FIG. 1, one antenna/microwave transceiver 200 is located in the
`front of the vehicle 100 and one antenna/microwave transceiver 200 is located
`in the rear of the vehicle 100. Each of the sensors 4a and antenna/microwave
`
`transceivers 200 are electrically coupled to a system processor 107, as
`represented by connecting broken lines, In the preferred embodimentof the
`present invention, the system processor 107 includes a front end electronics
`section 300 and a digital electronics section 500 (refer to FIG. 2). In an
`alternative embodiment of the present invention, each antenna/microwave
`transceiver 200 is associated with a front end electronics section 300 which is
`placed in close proximity to the associated antenna/microwave transceiver 200.
`
`In the preferred embodiment of the present invention, each of the sensors
`4a independently collect information about the environment in which the vehicle
`is operating, or the condition or operation of the vehicle.
`
`FIG. 2 is a high level block diagram of the radar system of the preferred
`embodiment of the invention. The system 1000 detects objects (targets) in the
`environment surrounding the system 1000, determines the range and relative
`motion of each target with respect to the system 1000, and alerts the
`automotive operator of potential hazards that could result from the presence or
`motion of such targets.
`
`...The digital electronics section 500 is coupled to an input/output module, such
`as a display and sensor section 600. The display and sensor section 600 has a
`pluralig of sensors that indicate to the system the status of various vehicle
`controls. The display and sensor section 600 also produces audio and visual
`indications for presentation to the automotive operator. In the present
`invention the radar system is capable of determining the rate at which a target
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`is approaching or retreating, and distance to a plurality of different targets.
`In an alternative embodiment of the present invention, the radar system may be
`capable of determining the spacial relationship of the vehicle to the roadway
`1i.e., whether the vehicle is centered within an appropriate travel lane and
`whether the roadway is straight or curved and the radius of curvature Q.
`
`(10) A removable, externally readable, non-volatile solid-state memog event
`recording apparatus (ERA) 5 is coupled to the system processor 107. The ERA
`records the output of each of the sensors and information about targets
`detected by the radar system.
`
`col. 9, line 21-col. 11, line 25, esp. col. 9, second full paragraph, e.g. “Recording some or all of
`
`this data and similar relevant data would make accident reconstruction more reliable and less
`
`expensive”, col. 9, third full paragraph and the paragraph bridging cols. 9-10, e.g.:
`
`The display and sensor section 600 also has a display and/or actuators
`4b, for displaying indications to a user and/or controlling various aspects of
`vehicle operation (for example, flashing a dashboard warning light to a user if
`a vehicle is approaching too rapidly, and/or, in extreme conditions,
`automatically activating the vehicle brakes and/or air bag or disabling a
`vehicle from unauthorized or unfit drivers).
`
`By selecting appropriate ougputs from the sensors and radar system which
`have been recorded in the ERA, (which may include the outputs recorded
`during past and present trips) a profile of the driver is formed. The driver ’s
`pertormance over a recent period of time is compared to a standard derived
`tram the personal profile calculated using the driver's past performance. The
`results ofthe comparison are used to determine the driver's currentfitness to
`operate a vehicle.
`In the preferred embodiment of the present invention, if
`the driver's performance at any time during a trip is found to be below the
`personal standard calculated for that driver, the driver is alerted that driving
`performance is not up to the driver's personal standard. In the preferred
`embodiment of the invention, if the driver's performance continues to degrade (or,
`in an alternative embodiment, does not improve), an indication of the driver's
`performance is communicated to a remote site to alert a dispatcher or controller.
`In the preferred embodiment of the invention, if the driver's performance degrades
`still further, the vehicle ceases operating after a sufficient warning is provided to
`the driver that such action is imminent. Each step of the process, along with the
`data that is collected at each step of the process, is recorded in the ERA.
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`Page 000777