ApplicationlControl Number: 90/O1 1,252
`Art Unit: 3992
`
`the first full paragraph of col. 11, e.g.:
`
`Page 29
`
`Referring to FIG. 3, the display and sensor section 600 provides information from
`the vehicle sensors 4a to the microcontroller 510 for use in calculating the
`hazard level presented by targets indicated from the received radar signal. In the
`preferred embodiment of the present invention, each of the sensors are coupled
`to the system processor 107 which controls both the obstacle detection and
`collision avoidance system, and the operational event recording system. In the
`preferred embodiment of the present invention, the sensors are sampled or
`"polled" in known fashion. However, any means for reading the sensors is
`within the scope of the present invention. For example, the sensors may cause an
`interrupt to the microcontroller 510 within the digital electronics section 500 of
`the system processor 107 at intervals. When the microcontroller 510 recognizes
`the interrupt, the microcontroller 510 reads the output of the sensor 4a that is
`responsible for generating the interrupt. Furthermore, it is within the scope of the
`present invention to include a discrete processor that is dedicated to monitoring
`each of the sensors and storing the output of each in the ERA. Recording
`some or all of the data collected from each of the sensors would make accident
`
`reconstruction more reliable and less expensive.
`
`the paragraph bridging cols. 21-22, e.g.:
`
`The DSP 508 is coupled to the microcontroller 510. The microcontroller
`510 is coupled to the clock 514, which determines the operational speed of the
`microcontroller 510. In the preferred embodiment of the present invention, the
`microcontroller 510 operates at approximately 16 MHz. The microcontroller
`510 is also coupled to a local random access memory (RAM) 512, a battery
`backed RAM/Real-time clock 25, and a Flash Programmable Read Only Memory
`(PROM) 520. The Flash PROM 520 stores the instructions which the
`microcontroller 510 executes. The microcontroller 510 uses the local RAM 512
`
`as a utility memog space in which the microcontroller 510 stores previously
`detected target information and a record of events.
`t
`
`col. 23, line 55-col. 2, line 56, esp. section 6, e.g.:
`
`In the context of the obstacle detection and collision avoidance system,
`the digital electronics system 500 is coupled to a display and sensor section
`600. The display and sensor section 600 has a display, indicators 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).
`
`Page 000778
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 30
`
`The display and sensor section 600 of FIG. 2 is shown in more detail in
`FIG. 12. The display and sensor section 600 includes a monitoring section 601,
`a warning section 603, and a sensor section 605.
`'
`
`The sensor section 605 includes a multiplicity of sensors, such as a
`vehicle steering sensor 608, a brake sensor 610, a power monitor sensor 612, a
`windshield wiper sensor 614, and a speed coil sensor 616 a turn signal sensor
`617, and/or a blind spot detector 618. The microcontroller 510 is coupled to
`each sensor 608, 610, 612, 614, 616, 617, and 618. The sensors provide
`information which is used to determine whether there is a danger present or to
`alter the factors used to compute a hazard level. For example, if the
`microcontroller 510 detects that the windshield wipers of the vehicle have been
`turned on, thus indicating a rain condition, the preferred following distance
`from targets may be lengthened to account for longer stopping distances on a
`wet road. Additionally, the power output by the transmitter may be increased V
`to compensate for the attenuation caused by rain or snow conditions.
`
`If a danger is present, the microcontroller 510 activates an appropriate
`visual and/or audio warning. The level of the danger is "preferably determined
`based upon brake lag, brake rate, vehicle speed, closin rate, target distance,
`and the reaction time of the operator. In the preferred embodiment, an
`average reaction time is used.
`
`The monitoring section 601 preferably includes an EIA RS-232 port connector
`6i. The RS-232 port connector 602 provides a port from which target
`information can be communicated to external devices, and from which
`diagnostics can be performed on the system. The microcontroller 510 is
`coupled to RS-232 port connector 602, thereby providing information and system
`access to external devices coupled to the port connector 602.
`
`col. 24, line 62-col. 29, line 64, eg.:
`
`FIG. 13 shows a more detailed block diagram of the ERA of the preferred
`embodiment of the present invention, showing a RAM card 20 coupled through
`an interface receptacle 21 to a microcontroller 22 (which may be the
`microcontroller 510 shown in FIGS. 3 and 8, but can be an independent
`microcontroller coupled to the microcontroller 510). In the preferred
`embodiment, the microcontroller 22 includes a real-time clock. @
`microcontroller 22 is also coupled to a non-volatile memory device 23.
`. .." In the preferred embodiment, the memory device 23 is a "flash"
`programmable memory device. . .and a battery backed RAM/Real-time clock
`
`Page 000779
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`

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`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`_
`
`Page 31
`
`25. Such devices are electrically alterable, but retain their data even after
`power is removed from the device. Alternatively, the memory device 23 may
`comprise, for example, dynamic RAM with a battery backup and refresh circuitry,
`static RAM with a battery backup, electrically alterable read-only memory, or
`other solid-state, non-volatile memory technologies known in the art.
`
`The microcontroller 22 and non-volatile memory device 23 are coupled in
`known fashion by Address and Data buses, and read/write control lines
`FLASHCSB, RD, WR, as shown, such that the microcontroller 22 can read data
`from, and write data to, the non-volatile memory device 23. The memory device
`23 is preferably used to store programs to be executed by the microcontroller
`22 for control of all, or various aspects, of the components shown in FIG. 3.
`
`The RAM card 20 comprises one or more non-volatile memory devices and
`appropriate control and interface circuitry. The RAM card 20 may comprise, for
`example, dynamic RAM with a battery backup and refresh circuitry, static RAM
`with a battery backup, flash memory devices, electrically alterable read-only
`memory, or other solid-state, non-volatile memory technologies known in the
`art. The data storage capacity of the RAM card 20 is a matter of design choice
`and available integrated circuit chip capacity and size. In the illustrated-
`embodiment, the capacity of the RAM card 20 is at least 32 kBytes.
`
`In the preferred embodiment, the microcontroller 22 begins a data transfer to the
`RAM card 20...
`
`After the desired operation (e.g., Read or Write) is specified by the
`56-protocol word, a first byte is read from or written to the designated
`address a bit at a time. The address is then automatically incremented to the
`next location, and a next byte is read or written. As desired, the
`microcontroller 22 can write any data from the non-volatile memory device
`23 to the RAM card 20, or vice versa.
`
`In the illustrated embodiment, the memory 54 is a static RAM with
`sustaining power supplied by a battery 55, permitting the RAM card 20 to be
`removed from the RAM card receptacle 21. The battery backup also protects
`against data loss if the power from the RAM card receptacle 2] is interrupted
`due to system failure or an accident.
`
`If fixed-size data blocks are used, data stored in the memory 54 is
`delimited by an implicit block size. If variable-size data blocks are used,
`
`Page 000780
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`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 32
`
`the data preferably contain internal record and field length counts and/or
`unique delimiters, so that the blocks can be read back in a meaningful manner.
`Such variable-size record structures are well-known in the art. However, for
`simplicity of implementation, the preferred embodiment of the invention uses
`fixed-size data blocks.
`
`In operation, a RAM card 20 would be inserted into the RAM card
`receptacle 21. In the preferred embodiment, selected data would be gathered
`from the vehicle sensors 4a and/or the digital electronics section 500 by the
`microcontroller 22, typically after the vehicle is started. The data is stored
`into the RAM card 20 by the microcontroller 22 at periodic intervals, which may
`be determined by time and/or by distance traveled. The microcontroller 22
`may also do some computation on the data, such as determining a miles-per-
`gallon value or average speed, to derive processed data for storage in the RAM
`card 20.
`
`In general, data blocks would be stored in the RAM card 20 beginning at
`the first location in the memory 54. The address is incremented to point to
`successive storage locations for storing subsequent data blocks.
`
`
`Different modes of operation can bevused. In a first mode selected
`data is stored approximately every 0.5 seconds, until the memory 54 on the RAM
`card 20 is full (which, in the illustrated embodiment, takes about 15 minutes).-
`Thereafter, the address sent to the RAM card 20 by the microcontroller 22 is
`reset to the first address used, causing the oldest data in the memory 54 to be
`overwritten‘ with new data (i.e.,»the memory 54 is operated as a circular
`queue). This provides a "moving window" of the last 15 minutes of operation
`(or longer, if longer intervals or a larger capacity memory 54 are used)... '
`
`In a second mode of operation, the memogy 54 is divided, in a static or
`dynamic fashion, into multiple logical ”pages" for storing independent sets of
`data. A "current" page may be used to record a moving-window of, for example,
`selected data from the last 5 or 10 minutes of operation, as described above
`for the first mode of operation. One or more additional pages can be used to
`record, for example, selected data (which need not be the same items of data
`stored in the current page) for fixed or variable time periods for later analysis.
`Such data may include, for example, information related to vehicle maintenance.
`In such a case, when a page fills up, writing stops, in order to preserve an archival
`record of the selected data. A page would be "reset" after a read-out of the data or
`upon execution of a specific command, permitting new data to be written to the
`page.
`
`In one variation of the second mode of operation, a first page may be used to
`record a moving window of selected data. If an accident occurs, the first page of
`
`Page 000781
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 33
`
`data is "frozen", and a next page is usedfor subsequent recording. An accident
`condition may be detected automatically, or indicated by activation of a manual
`switch. In this manner, data can be captured for later analysis of the accident.
`
`In another variation of the second mode of operation, recording to a page other
`than the current page may be triggered by an unusual event, such as a vehicle
`operational or performance value exceeding a preset threshold value, or an
`accident. For instance, it may be desirable to record drive train sensor values only
`if one or more values, such as engine temperature, exceed a threshold value. As
`another example, such recording may be triggered by an unusual condition that
`may indicate an accident, such as a sudden acceleration or deceleration, sudden
`application of the brakes, activation of an air bag, etc. Recording can also be
`triggered manually. Recording such information on a separate page in memory,
`and only upon being triggered by a particular event, permits capturing data for
`later analysis of vehicle and/or driver performance.
`
`In a third mode of operation, the recording" rate may be increased upon the
`occurrence of an unusual condition, such as a sudden acceleration or
`deceleration, sudden application of the brakes, activation of an air bag, etc.,
`in order to store more data values surrounding the event, for later analysis.
`
`One skilled in the art would recognize that variations and combinations of these
`modes of operation could be implemented with the present invention as a
`matter of design choice.
`
`The selected data may be any of the values mentioned above, or similar
`values. Further, not all of the values selected need be recorded at the same
`rate. For example, information that can change rapidly, such as the status of
`the brake system, vehicle speed, turning conditions, and other information
`useful for accident reconstruction purposes, may be recorded very frequently
`(e.g., every 0.2 seconds). Information that changes more slowly, or is less
`pertinent to accident reconstruction, such as engine temperature, coolant
`temperature, etc., may be recorded less frequently (e.g., every 5 seconds, or
`every mile).
`
`In accordance with one means to read out the data collected in the RAM
`
`card 20, the RAM card 20 is removed from the interface receptacle on the
`automotive system and inserted in a similar interface coupled to a personal
`computer. The ;l_a_ta_ can then be displayed on the computer or stored on a
`different memory device, such as a floppy disk or a hard drive in the
`computer.
`
`Page 000782
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 34
`
`When a RAM card 20 is removed from a vehicle system, the card is inserted into
`the interface receptacle 2] for data retrieval by the PC 60. Data is then read out of
`the RAM card 20 under control of the microcomputer of the PC, using the same
`process described above with respect to the microcontroller 22.
`
`Once data has been retrieved from the RAM card 20, it can be displayed on the
`PC in a variety of ways, such as in various tabular forms, depending on
`whether the information represents accident reconstruction information, trip
`‘ monitoring information, maintenance information, or other information. The
`manner of presentation of the data is a matter of design choice.
`
`Since the RAM card 20 is removable and relatively inexpensive, each driver of
`a particular vehicle, such as a fleet car or bus, could be given a personalized
`RAM card 20. Thus, the ERA invention can be used to monitor the performance
`of particular drivers, including characteristics such as average driving speed,
`braking and acceleration habits, typical "headway" distance (i.e., the distance
`from the vehicle immediately in front in the same lane, as determined by the radar
`system), etc.
`
`This aspect of the invention can also be used to "customize" or "personalize" the
`operational characteristics of a vehicle to a driver's preferences. For example,
`each driver of a fleet vehicle or bus can use the RAM card 20 to upload into the
`vehicle the driver's preferences relating to desired headway distance, warning
`thresholds, or any other parameter that can be set through a vehicle's
`electronic control system.
`
`Further, as automotive technology progresses, the subsystems in a vehicle likely
`will communicate via a vehicle—wide system serial data bus. The ERA is able to
`accommodate this technological advance since the invention can be coupled to a
`serial system bus without major modification. This would allow the invention
`to record information from other subsystems on the serial bus for accident
`reconstruction, trip monitoring, or other tasks. The microcontroller 22 would
`be coupled to the system serial bus, and could either monitor activity on the bus
`and store relevant information it encounters, or take an active role on the bus by
`reguesting relevant information from other subsystems and then storing such
`information.
`
`As yet another aspect ofthe invention, a second ERA could be mounted
`in a vehicle. A first ERA 5 system can be used to record information pertinent
`to the vehicle regardless of the identig of the driver (e.g., vehicle maintenance
`information), while a second ERA 5 system can be used to record information
`pertinent to each driver on the driver's personal RAM card 20. If desired, the
`
`Page 000783
`
`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 35
`
`first ERA 5 system may be non-removable, in which case the RAM card 20 and
`interface receptacle 21 can be replaced with a non-volatile RAM circuit directly
`coupled to the microcontroller 22.
`
`col. 29, line 65-col. 32, line 56, e.g.:
`
`In the preferred embodiment of the present invention, the information
`recorded in the ERA is accessed by the microcontroller 510 and applied to a
`fitness algorithm which (1) generates a personalizedperformance standard for a
`driver associated with the ERA, _ag(2) compares the driver's performance over
`a recent and relatively short period of time to the personalized performance
`standard. A flow chart of the fitness algorithm is shownin FIG. 18.
`
`In accordance with the preferred embodiment of the present invention,
`the driving environment is classified by determining whether the vehicle is (1)
`stopped, (2) in an urban environment, (3) in a suburban environment, or (4) on
`an open highway (STEP 1801). In the present example, environment
`classification is determined using speed. Thus, if the speed is 0 mph, then
`the vehicle is determined to be stopped. An urban environment is determined if
`the speed is within the range of 0-35 mph. A suburban environment is determined
`if the vehicle speed is in the range of 35-45 mph. Finally, a highway environment
`is determined if the speed exceeds 45 mph.
`
`In addition to classifying the environment, certain time factors are classified
`(STEP 1802). The time factors include time of day (morning nadir, afternoon
`nadir, or other), trip length, and duty day as determined by length. The fitness
`algorithm classifies time factors, inasmuch as accidents are more likely to occur
`during the early morning, pre-dawn hours, and during the mid-aftemoon hours.
`In particular, when the end of a long trip or a long duty period occurs in
`conjunction with such time periods, the risk of an accident rises.
`
`Certain profiles are then generated (STEP 1803). These profiles include
`characterizations of the history of the throttle, speed, headway (closure,
`distance, and phase as determined by margin), steering, headlights, windshield
`wipers, and/or turn signal use. The throttle profile is determined in accordance
`with mean value and variability thereof, as is the speed profile. The headway
`profile includes: (1) the rate at which the vehicle approaches obstacles, including
`other vehicles (i.e., closure); (2) the vehicle speed; (3) how smoothly the vehicle
`accelerates, decelerates, and closes on obstacles (i.e., jerk); (4) the distance-
`between the vehicle equipped with the present invention and other vehicles,
`determined in terms of mean value and variability; (5) "phase margin" (i.e., a
`measure of the vehicle operator's reserve capacity to respond safely to particular
`
`Page 000784
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 36
`
`conditions that might arise); and (6) headlights and windshield wipers are
`monitored since they are indications of pooravisibility and road conditions. The
`steering profile is generated by monitoring the median frequency shifts, in other
`words, the variations in lane position. The frequency and amplitude of steering
`changes, correlated to the vehicle speed, provide a simplistic means for
`determining lane position. Lane position is an important profile in determining
`driver fitness. The steering profile is generated by monitoring median frequency
`shifts. Other more sophisticated methods are used in alternative embodiments
`of the present invention. For example, the relative position and motion of
`other vehicles detected by the radar system may be used. The turn sigpal
`profile "is generated by monitoring turn signal use.
`
`The various profiles set forth in the STEP 1803 are used in conjunction
`with the various driving environments of the STEP 1801, as shown in the table
`of FIG. 19. Thus, preferably, when a vehicle equipped with the present
`invention is stopped, the present invention assesses the throttle position, the
`number of times the driver blinks his eyes, and duration of each such blink.
`In one embodiment of the present invention, the turn signals and the secondary
`tasks are not included in the assessment when the vehicle is not moving.
`However, in an alternative embodiment of the present invention the turn signals
`are included when the vehicle is stopped. The speed, rate of closure, distance,
`phase margin and steering are not applicable when the vehicle is stopped. At the
`other extreme, when the vehicle is determined to be in a highway
`environment, all of the profiles listed in the table of FIG. 19 are applicable and
`are utilized. The urban and suburban environments utilize selected ones of the
`profiles to the exclusion of others, as shown in the table.
`
`If the vehicle is determined to be in a highway environment, secondary
`task performance is assessed (STEP 1804). Lapses in response, such as a
`substantial increases in reaction time, are considered by the present invention
`to indicate drowsiness on the part of the driver.
`
`In accordance with the preferred embodiment of the present invention, the eye
`blink duration of the vehicle driver is assessed (STEP 1805). This is
`accomplished by covert digitized video scanning for eye blinks longer than 200
`msec.
`in duration. This assessment is used in all of the driving environments.
`Long duration eye blinks are interpreted as indicating a state of drowsiness on the
`part of the driver.
`
`The results of the steps 1803, 1804 and 1805 are compared to a recent
`history for the driver using statistical criteria (STEP 1806). For example, in
`one embodiment of the present invention, a performance distribution curve is
`generated which indicates the level of a driver's performance at any one time
`with relation to his performance at each other time recorded. The driver's
`
`Page 000785
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 37
`
`recent driving histor_-p is used to generate short term profiles and to evaluate
`current secondag task performance. Driver patterns that show a driver's
`recent performance to be at the less desirable ends of that particular driver's
`performance distribution curve indicate a need for caution.
`I
`
`In STEP 1807, the recent histog of the driver is updated. This updating is
`accomplished using new data derived from the earlier steps of FIG.
`
`& O
`
`ne or more of the possible consequences of the data evaluation, particularly in
`the comparison of step 1806, are then selected (STEP 1808). In the step 1806,
`as previously noted, the data from the steps 1803, 1804, and 1805 is compared
`to the recent driver histopp using statistical criteria. The possible consequences,
`as determined in the step 1808, include alerting the driver, a dispatcher, shutting
`down or limiting the operation of the vehicle, and event recording. Upon
`determining that the driver is operating below the personalized standard
`associated with that driver, the microcontroller of the. illustrated embodiment of
`the present invention indicates that determination to the driver. Having been
`alerted to the fact that the driver's performance is below the calculated
`standard, the driver has a predetermined amount of time to raise the level of
`performance to _the level of the calculated standard. In the illustrated
`embodiment of the present invention, if the driver is not performing at the
`required level at the end of the predetermined period, the microcontroller
`broadcasts a message to a dispatcher or controller at a remote site who is
`res onsible or ensurin the sa e
`0 the driver and vehicle. If the driver's
`performance does not improve a required amount within a predetermined amount
`of time after the message is broadcast, a warning is presented to the driver
`indicating that a shut-down of the vehicle is imminent after a predetermined time.
`In one embodiment of the present invention, the amount of time until the shut-
`down will occur is displayed to the driver. Additionally, both strong visual and
`audio warnings are given to the driver to ensure that the driver is aware of the
`impending shut-down. The shut-down can be implemented as a gradually
`increasing inability to maintain speed, thus allowing the driver to find a safe
`location to park the vehicle. In one embodiment ofthe present invention, a remote
`shut-down disable is provided which permits the dispatcher, or controller,
`responsible for the safety ofthe driver and vehicle to override the shutdownfor
`limited periods to afford the driver additional time tofind an appropriate place to
`park the vehicle. Each action taken in accordance with the fitness algorithm
`is recorded on the ERA 5, along with the continuing stream of information
`from the sensors 4a and the radar system.
`
`Although the preferred embodiment of the invention is illustrated as
`
`Page 000786
`
`

`
`Application/Control Number: 90/01 1,252
`
`Art Unit: 3992
`
`'
`
`Page 38
`
`i
`
`being used in conjunction with an automotive radar system, it should be
`understood that the invention can be used in conjunction with any
`microcontroller-based or microcomputer-based automotive electronic system that
`gathers data about various vehicle performance and environment factors and can
`control the loading of such information into a memory device.
`
`A number of embodiments of the present invention have been described.
`Nevertheless, it will be understood that various modifications may be made
`without departing from the spirit and scope of the invention. For example, the
`number of sensors that are used to collect information regarding the vehicle,
`driver, and environmental conditions may be far less than those that have been
`cited herein. Also, the invention is not limited to only those sensors that have
`been listed herein. Furthermore, the number and type of responses to a driver's
`failure to meet the personal standard established for that driver are not limited to
`those cited herein. Nor are the particular responses cited herein required as a part
`of the present invention. Therefore, a system in which the ERA merely recorded
`the fact that the driver's performance was below the standard set for that driver
`would be within the scope of the present invention. Furthermore, the standard
`may be determined by a method other than the method recited herein. For
`example, a system in which a standard that applies equally to all drivers
`would be within the scope of the present invention. Still further, any method
`for recording the events and conditions could be used in the present invention.
`Thus, the ERA described herein is provided as an example and need not be
`present in the form described. Also, no radar system is required in the present
`invention, but is disclosed as an example of a means for collecting information
`regarding the environment in which the vehicle and driver are operating.
`Accordingly, it is to be understood that the invention is not to be limited by the
`specific illustrated embodiment, but only by the scope of the appended claims.
`
`and the claims, esp. claims 1-3 and5 and 7, e.g.:
`
`1. A system for evaluating fitness of a vehicle driver to operate a
`vehicle, including:
`(a) a collision warning apparatus for collecting data relevant to
`determining the operational state of the vehicle and the driver;
`(b) an operational event recorder apparatus coupled to the collision warning
`apparatus for recording the collected relevant data and recording a driver
`profile;
`(c) a driver fitness evaluation apparatus coupled to the operational event
`recorder and the collision warning apparatus for generating the driver profile,
`and providing a real-time evaluation of the driver's fitness to operate the
`vehicle by comparing the recorded driver profile with the driver's current
`performance as indicated by the recorded relevant data.
`
`Page 000787
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`

`
`Application/Control Number: 90/011,252
`
`Art Unit: 3992
`
`Page 39
`
`7. The system of claim 1, wherein;
`(a) the driver fitness evaluation apparatus classifies the fitness of the
`
`driver in one of four classes'
`
`(b) if the driver is classified in the first class, no consequence results;
`(c) if the driver is classified in the second class, the driver is alerted;
`(d) if the driver is classified in the third class, a person at a location
`remote to the vehicle and driver is alerted; and
`.
`(e) if the driver is classified in the fourth class, the driver fitness
`apparatus causes the vehicle to cease operating.
`I
`
`6. A method of monitoring a human controlled power source driven vehicle,
`
`Note the preamble does not set forth what and/or who is performing such monitoring.
`
`Note the ‘97O Patent at col. 6, lines 17-19 with regard to the terminology “vehicle”, i.e. “operator
`
`controlled motor vehicles normallyirequiring insurance” including but not limited to
`
`automobiles.
`
`With regard to the preamble, see ’079 at, e.g., "col. 5, lines 53-col. 6. line 18:
`
`The preferred embodiment of the present invention also provides a
`removable, externally readable, non-volatile solid-state memory 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 infonnation 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 perfonnance 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 configpred 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.
`
`col. 5, lines 33-43:
`
`. .operates as a part of three
`In the preferred embodiment of the present invention,. .
`distinct systems: (1) a collision warning system, (2) an operational event
`mail; and (3) a driver fitness evaluation system. The three functions
`are distinct, but share a single radar system that provides information to all three
`
`Page 000788
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`

`
`Application/Control Number: 90/01 1,252
`Art Unit: 3992
`
`Page 40
`
`systems, and thereby allows a substantial cost benefit to be realized whenthe
`three systems are used together. In an alternative embodiment, each system may
`operate completely independent of each other system.
`
`col. 8, lines 7-10:
`
`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.
`
`and col. 32, lines 30-32, i.e. “For example, the number of sensors that are used to collect
`
`information regarding the vehicle, driver, and environmental conditions...”
`
`Therefore, ‘O79 teaches a method of monitoring a human controlled power source driven
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`vehicle.
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`the method comprising:
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`extracting one or more data elements from at least one sensor wherein the one or more
`elements are of at least one operating state of the vehicle and the at least one human's
`actions during a data collection period,
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`The language “are of at least one operating state of the vehicle and the at least one
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`human's actions during a data collection period” is interpreted as reading “are of at least one an
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`operating state of the vehicle and an action of the at least one human's during a data collection‘
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`period” with “the at least one human’s’? referring back to “a human” in the preamble. With
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`regard to the terminology “extracting”, see the ‘970 Patent at col. 3, lines 55-58, col. 4, lines 21-
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`26, col. 5, lines 23-27 and 40-43, col. 11, lines 22-24, Figures 5-6, col. 7, lines 23-col. 8, line 26,
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`col. 10, lines 51-60, Figure 1, col. 8, line 27-col. 9, line 21 and claim 3. Therefore, considering
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`the terminology “extracting” in light of the ‘970 Patent portions discussed supra, see MPEP
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`2258, as well as the definition, e.g., the dictionary definition of the term “extract” includes “to
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