Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 41
`
`detennine by calculation”, the step “extracting one or more data elements from at least one
`
`sensor” is interpreted to include not only collecting raw data elements but also deriving,
`
`generating and calculating data elements as well.
`
`See ‘079 at, e.g., Figures 1, 3, 12 and the abstract:
`
`A method and apparatus for evaluating a driver's performance under actual
`real-time conditions and for using such evaluations to determine the driver's
`ability to safely operate a vehicle compares the information gathered by a
`radar system and other sensors with information previously stored in an event
`recording device. Conditions monitored are used to make a determination as to
`whether the driver is performing in conformity with normal driving standards
`and the driver's own past performance. The driver's performance is constantly
`monitored and compared to that driver's past performance 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
`
`and col. 9, line 21-col. 11, line 25:
`
`The display and sensor section 600 which provides information from a
`variety of vehicle sensors 4a to the microcontroller 510 for use in calculating
`the hazard level presented by targets indicated from the received radar signal
`and/or to indicate the operational status and environment of the vehicle.
`Commonly known sensors may be used, for example, to measure distance
`travelled, vehicle speed (momentary and average), fuel consumption, fiiel
`remaining, direction of travel, engine temperature, oil pressure, engine RPM, oil
`temperature, transmission fluid temperature, coolant temperature, engine timing
`and other values relating to the environment or performance of the vehicle.
`The digital electronics section 500 itself generates information from the
`transmitted and received radar signal, such as the closing rate (CR) of a
`target with respect to the vehicle, the distance (D) of various targets, and
`the direction of movement (towards or away from) of the targets with respect to
`the vehicle. Additional information can be obtained by providing other
`sensors, such as a brake pedal pressure sensor, brake hydraulic line pressure
`sensor, tire pressure, accelerometer sensors (for example, fore and aft
`acceleration/deceleration, and/or left and right (yaw) acceleration of the
`vehicle), turning rate, turn angle, and/or impact sensors (such as the type
`used to trigger vehicle air bags), windshield wiper status (to determine if it
`is raining), fog light status, outside temperature, defroster status, and geographic
`positioning information. Recording some or all of this data or similar relevant
`data would make accident reconstruction more reliable and less expensive.
`
`Page 000790
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`

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`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 42
`
`_
`
`The present invention includes a plurality of sensors for sensing a wide
`range of operational conditions and environmental conditions. Commonly known
`sensors may be used, for example, the preferred embodiment of the present
`invention has a mechanical speedometer coupled to the drive train of the
`vehicle in known fashion. A steering wheel position sensor using a dual
`Hall-effect device senses the location of a magnetic located on the steering
`wheel shaft. (Further details regarding the means for determining the position
`and motion of the steering wheel are disclosed below). A tachometer coupled to
`the engine in known fashion senses the number of revolutions per minute of the
`engine. A pressure gauge senses the engine oil pressure. A thermometer senses
`the temperature of the engine oil and/or engine block. A thermometer senses
`the temperature of the transmission fluid (if the vehicle uses any such fluid).
`A thermometer senses the temperature of the engine coolant. Accelerometers
`sense the rate of lateral acceleration in the direction of forward motion and
`at right angles to the direction of forward motion. Inclinometers sense the
`attitude of the vehicle with respect to the gravitational field of the earth.
`An anti-lock braking system, as is known, is provided and a sensor detects
`activation of this system. Pressure sensors are placed on the accelerator and .
`brake pedals to sense the amount of pressure being applied to each pedal. A
`vehicle turn sigpal sensor senses which, of either of the right or left vehicle
`turn signals, is active. An external thermometer senses the temperature
`outside the vehicle. A sensor is also provided which senses when the windshield
`wipers are active. This list of sensors is not intended to be exhaustive, nor are
`these particular sensors important in eveg instance. It should therefore be
`understood that the number and type of sensors provided in the present invention
`is not of particular importance. ' The important aspect of the present invention is
`the ability to determine the operational conditions under which the driver and
`vehicle are operating.
`‘
`‘
`
`The digital electronics section 500 generates information from the
`transmitted and received radar signal, such as the closing rate (CR) of a
`target with respect to the vehicle, the distance (D) of various targets, and
`the direction of movement (towards or away from) of the targets with respect to
`the vehicle. Additional information can be obtained by providing other
`sensors, such as a brake pedal pressure sensor, brake hydraulic line pressure
`sensor, tire pressure, accelerometer sensors (for example, fore and aft
`acceleration/deceleration, and/or left and right (yaw) acceleration of the
`vehicle), turning rate, turn angle, and/or impact sensors (such as the type
`used to trigger vehicle air bags), windshield wiper status (to determine if it
`is raining), fog light status, defroster status, turn signal status, anti-skid
`brake system (ABS) status and performance, and geographic positioning
`information.
`
`Page 000791
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`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`‘
`
`Page 43
`
`Referring to FIG. 3, the display and sensor section 600 provides information
`from the vehiclesensors 4a to the microcontroller 510 for use in calculating the
`hazard level presented by targets indicated from the received radar sigpal. 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.
`
`Therefore, ‘079 describes “extracting” one or more data elements from at least one sensor
`
`wherein the one or more elements are of at least one operating state of the vehicle and the at least
`
`one human's actions during a data collection period.
`
`analyzing, grouping, and storing the one or more data elements as group data values in a
`first memory related to a predetermined group of elements; and,
`
`The specification of the ‘970 Patent, other than the claims, never utilizes the language
`
`“analyzing, grouping, and storing the one or more data elements as group data values in a first
`
`memory related to a predetermined group of elements”. See ‘970 Patent at Figures 1 and 5, col.
`
`8, line 26-col. 9, line 22 and col. 10, lines 51-60, col. 1, line 22-col. 2, line 38, col. 4, line -col. 5,
`
`line 12, , col. 5, lines 27-41, col. 6, lines 29-43, col. 7, lines 22-col. 8, line 26, e.g. disclose
`
`grouping/classifying data representative of/related to vehicle operational and driver behavior
`
`characteristics. Therefore, and in light of MPEP 2258, such language is read/interpreted as
`
`requiring analyzing of the at least one data element(s), grouping the at least one data element(s),
`
`Page 000792
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`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 44
`
`‘
`
`and storing the at least one data element(s) as group data value/data value of its group in a first
`
`memory wherein the group related to a predetermined group of elements. It is noted that the
`
`specifics of the “predetermined group of elements” has not been set forth, i.e. what kind of
`
`elements?
`
`Also “a first memory” (note also that this discussion applies to the terminology “a second
`
`memory”, see discussion of next step infra), is claimed. The specification of the ‘970 Patent,
`
`other than the claims, never utilizes such language. The ‘970 Patent does describe “The
`
`computer is comprised of four components, an on-board data storage device 402. . .a central
`
`processing unit and memory device 406” (col. 6, line 66 -col. 7, line 5), “. . .the status of all
`
`monitored sensors for the data elements is written to a" file which is stored in the vehicle data
`
`storage 402” (col. 8, lines 55-58), “The trigger information recording step 116 and the recording
`
`sensor information step 106 may impart recording of information in the on-board data storage
`
`device 402 or memory 406. The event response information recording at step 118 will usually
`
`occur in the central control station” (col. 9, lines 12-16), “All the information from the
`
`combination of files stored in the vehicle” (col. 10, lines 21-23), “[at] step 212, all the
`
`information comprising the insured profile, which is already maintained and stored in other
`
`insurance files. . .This insured profile includes the information about coverages including limits
`
`and deductibles, which are necessary for establishing the appropriate cost of insurance for the
`
`subject insured” (col. 10, lines 33-39) and “. . .for a certain information database. . .is stored in
`
`the data storage device of the computer (col. 11, lines 7-11). Therefore, and in light of MPEP
`
`2258, the language “a first memory” and similar language “a second memory” in the next step is
`
`interpreted to require at a minimum a first data storage location and a second date storage
`
`Page 000793
`
`

`
`Application/Control Number: 90/011,252
`
`.
`
`Page 45
`
`Art Unit: 3992
`
`location, respectively. However it is also noted that the claim language does not preclude the
`
`storage locations also store the information stored by other storage locations e.g. each storage
`
`location includes the same stored data.
`
`See ‘079 at, e.g., Figure 13 and again col. 24, line 63—col. 29, line 64, e.g.:
`
`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
`&
`
`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 be used. In a first mode, selected
`data is stored approximately every 0.5 seconds, until the memory 54 on the RAM
`‘card 20 is full....
`
`In a second mode of operation, the memory 54 is divided, in a static or
`dynamicfashion, into multiple logical "pages" for storing independent sets of
`data.
`
`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 data is "frozen", and a next page is used for subseguent
`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. A
`
`In a third mode of operation, the recording rate may be increased upon
`
`Page 000794
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`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 46
`
`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.
`
`would recognize that variations and combinations
`One skilled in the
`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
`EFor 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).
`
`See also the other portions of ‘O79 cited supra, esp. col. 6, first paragraph, the paragraph bridging
`
`cols. 9-10, the paragraph bridging cols. 21-22, col. 29, second through fourth paragraphs, cols.
`
`30-31 and Figure 18, steps 1801-1808, claim 1, e.g., various types of information stored in 23,
`
`512, the removeable ERA 5, the non-removeable ERA 5, the data storage locations or pages of
`
`54.
`
`Therefore ‘O79 teaches analyzing, grouping, and storing the one or more data elements as
`
`group data values, see, e.g., steps 1803-1805 of Figure 18 and Figure 19, in a first memory/first
`
`data storage location, e.g. a storage location of 54/22, related to a predetermined group of
`
`elements, e. g. operator perforrnance/vehicle operation/environrnent.
`
`correlating the group data values to preset values in a second memory and generating an
`output data value based on the correlation wherein the output data value is used to
`compute an insurance rating for the vehicle FOR [sic] the data collection period.
`
`Page 000795
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 47
`
`The specification of the ‘97O Patent, other than the claims, never utilizes the language
`
`“correlating the group data values to preset values in a second memory and generating an output
`
`data value based on the correlation wherein the output data value is used to compute an insurance
`
`rating for the vehicle FOR [sic] the data collection period.” Note that the specifics of the “preset
`
`values” have not been claimed, i.e. what kind of values‘? Note that the language does not set
`
`forth what and/or who is performing such correlation and/or generating the output nor
`
`when/whether an insurance rating is computed. With regard to the terminology “an insurance
`
`rating”, see the discussion of the terminology “a cost of insurance” with regard to claim 4 supra.
`
`Therefore, and in light of MPEP 2258, such language is interpreted as requiring correlating the
`
`group data values to preset values of some kind which values are in a ‘second memory” and
`
`generating an output value based on the correlation wherein the output value is used to compute
`
`an insurance rating, i.e. a/some value/cost used to determine an overall cost associated with
`
`insurance of the vehicle, for the vehicle for the data collection period at some point, i.e.
`
`computing of the rating is not required. See again the discussion of the terminology “second
`
`memory’ supra.
`
`See also ‘079 at, e.g., Figures 1-3, 12-13 and 17-19, the abstract, e.g.
`
`A method and apparatus for evaluating a driver's performance under actual real-
`time conditions and for using such evaluations to determine the driver's
`ability to. safely operate a vehicle compares the information gathered by a
`radar system and other sensors with information previously stored in an event
`recording device. 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 own past performance. The driver's performance is constantly
`monitored and compared to that driver's past performance to determine whether
`the driver's present performance is impaired, and if so, whether the impairment
`is detrimental to the driver's ability to safely operate the vehicle
`
`Page 000796
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`col. 24, lines 62 et seq:
`
`Page 48
`
`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).
`'
`
`and col. 29, line 65-col. 32, line 43:
`
`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 personalized performance standard for a
`driver associated with the ERA, and (2) compares the driver's perfonnance over
`a recent and relatively short period of time to the personalized performance
`standard. A flow chart of the fitness algorithm is shown in FIG. 18.
`
`See also ‘O79 at, e.g., the discussion of the previous step, e.g., the portions referred to
`
`therein, and the portions cited supra, e.g. the abstract, the paragraph bridging cols. 5-6, Figure
`
`18, co]. 30, line 7-col. 31, line 44 and claims 1 and 7.
`
`Therefore ‘079 teaches correlating the group data values to preset values (e.g. the
`
`algorithm, Figure 19, in a second memory/second data storage location (e.g. 512/510, or a
`storage location of 54) and generating an output data value (i.e. the results ofdata evaluation,
`
`e.g. the comparison of current driver performance with the individual standard calculated from
`
`statistical criteria and steps 1801-1805, e. g. the distribution curves, the comparison with non-
`
`individualized standard, see, e.g., abstract or col. 32, lines 44-47, a fitness classification, see,
`
`e.g., claim 7. However, ‘O79 does not teach using the output value to compute an “insurance
`
`rating” for the vehicle for the data collection period.
`
`Page 000797
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 49
`
`However, see the entire disclosure of ‘868, esp. those discussed supra with regard to
`
`claims 4 and 5 again and at, e.g., Figures 1, 5, 9, and 11, the title, claims 1-17, esp. note claim 1,
`
`i.e. “(l) A risk evaluation device, characterized by comprising a risk contributing state
`
`detection means that detects a state that contributes to risk in the subject being evaluated
`
`for risk; and a risk evaluation means that evaluates risk based on this state,. ....”, claim 5,
`
`i.e. “(5) The risk evaluation device according to Claim 1, which comprises a means for
`
`generating a warning when the evaluated risk level is at or above a set [value]. “, claim 6, i.e.
`
`(6) An insurance premium determination device, characterized by having the risk evaluation
`
`device according to Claim 1, and an insurance premium change determination means that
`
`determines the insurance premium change for the insurance customer from the risk evaluation
`
`value, taking the subject of risk evaluation as the insurance customer.”, claim 9, claim 14,
`
`i.e. “(l4) The insurance premium determination device according to Claim 9, characterized in
`
`that the risk contributing state detection means and the risk evaluation means operate in real
`
`time” and claim 15, i.e. “(15) The insurance premium determination device according to Claim
`
`14, wherein the insurance premium change determination means also operates in real time. “,
`
`the similar descriptions on page 3, line 1-page 4, col. 1, last line (e.g. 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. . .”, col. 3, fifth from last paragraph, i.e. “The invention also has the aforementioned risk
`
`evaluation device and an insurance premium change determination means that determines the
`
`insurance premium change for the insurance customer from the risk evaluation value, taking
`
`the subject of risk evaluation as the insurance customer.”, page 3, col. 2, last two full
`
`paragraphs, i.e. “In other words, coniprehensive evaluation of the states of the vehicle and the
`
`Page 000798
`
`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 50
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`operator is carried out, and a risk evaluation value is obtained that is matched to empirical
`
`evaluation of an individual” and “a warning is sent when the risk level obtained in the manner
`
`described above is ator above a set level. The operator can be warned to pay attention tg
`
`safe operation by this warning means”, page 4, lines 4-8, i.e. “By this means, it is possible to
`
`determine insurance premiums corresponding to a risk evaluation value that changes in
`
`accordance with the internal state or external state of the subject being evaluated for risk,
`
`which may vary by the hour or daily”), 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 three full paragraphs, which discuss the problems
`
`addressed (e.g. ‘‘In addition, systems in which conventional paper-based insurance agreements
`
`are simply converted to on—line systems do not consider the role of the insurance agreement
`
`customer's environment and movements in governing risk levels. Rather, these systems
`
`simply calculate a non-related insurance premium based on states that will arise subsequent to
`
`the insurance agreement. For example, with automobile liability insurance which is a type of
`
`paper-based insurance agreement, it is normal for there to be no difference in insurance ‘
`
`premiums between operators who always operate safely, and operators who occasionally
`
`take risks. However, it is considered unfair to apply the same insurance premium to both.
`
`An objective of the invention is to provide a risk evaluation device that uses calculation and
`
`logic to determine risk evaluation values that can be used instead of absolute values for object
`
`distances. Moreover, an objective of the invention is to provide an insurance premium
`
`determination device whereby insurance premiums can be increased or decreased by
`
`Page 000799
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`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 51 9
`
`continually determining insurance premium changes through the detection of states that lead
`to risk in the insurance customerf’), page 4, col. 2, second full paragraph, 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 fiill 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 4, third full paragraph,
`
`i.e. “The output interface 7 has an electronic currency transfer request means or a prepayment
`
`amount erasing means employing an interlock system. The monetary amount file part 8 is
`
`constituted by a memory that stores prepayment balance or a transfer-side currency on-line
`
`system.”, page 6, col. 1, last full paragraph, i.e., “In addition, fuzzy logic was used as the means
`
`for determining risk evaluation values in this example of embodiment, but determination may be
`
`, carried out without using fuzzy logic. Calculation may also be carried out using a common
`
`insurance table.”, 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 “self” speed V0 exceeds a set value. Alternatively, a system may be used in which a signal
`
`from land is received when the moving body passes through a gateway, and the system is placed
`
`in an operational state. 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 “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
`
`Page 000800
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`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 52
`
`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 of the risk evaluation unit 42. . .This monetary amount file part 46 may also be
`
`constituted by a transmission-side currency on-line system. Moreover, by providing a data
`
`communications terminal, credit processing can also be carried out.”, page 7, the paragraph
`
`bridging cols. 1-2, 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 operationldetection 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 operator. By using this type of configuration, it is possible-to
`
`evaluate risk in accordance with empirical evaluation of individuals”, page 7, the paragraph
`
`bridging cols. 1-2, i.e. “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.”, page 8, col. 2,
`
`e.g. “As a result. . .it is possible to carry out risk evaluation by a cognition pathway involving
`
`empirical evaluation, and when this evaluation value is at or above a set value, a warning can be
`
`sent to the operator.” and “The risk evaluation value resulting from a comprehensive
`
`determination carried. . . .is then output to the output controller 66, where the logical output level
`
`and the output in accordance with the hold time level are sent to the warning device 45 and the
`
`Page 000801
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`

`
`Application/Control Number: 90/011,252
`Art Unit: 3992
`
`Page 53
`
`I monetary amount file 46.”, page 9, col. 1, i.e. “Moreover, when the evaluated risk level is at or
`
`below a set value, no warning is provided” and “...insurance premiums in accordance with
`
`continually varying risk evaluation values can be settled, in real time, thereby allowing insurance
`
`to be more equitable. Because the insurance premium difference can be settled by payment or
`
`credit, conventional systems involving prepaid cards or credit cards can be utilized without
`
`modification, thus facilitating use.” and the paragraph bridging cols. 1-2 of page 9, i.e. “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. The invention thus has the advantage of being a more equitable insurance system. I_r;
`
`this case, the risk evaluation means need not contain an evaluation part that operates by
`
`fuzzy logic. The insurance premium determination system allows the use of conventional
`
`prepaid card and credit card systems without modification, as mentioned above, and a system
`
`that is easy to use can be constructed with a simple configuration.”
`
`Therefore, ‘868 teaches not only a method and apparatus for determining a driver’s
`
`personal or individual fitness/perfonnance dynamically, continuously and under actual real time
`
`conditions, i.e. a risk evaluation device, that has a warning system, e.g. a means for generating a
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`warning”, operational event recording system, e.g. risk contributing state detection means
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`including a sensor for monitoring external condition, and a driver fitness evaluation system, e. g.
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`a risk evaluation means, but such along with a dynamic, continuous and real time insurance
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`premium determination device to determine changes in accordance with changes of
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`fitness/perfonnance, i.e. risk, of the driver over time.
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`‘868 teaches that such combination reflects
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`Application/Control Number: 90/011,252
`Art Unit: 3992
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`the drivers environment and movements in governing risk levels and distinguishes between
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`operators who always operate safely, and operators who occasionally take risks by fairly
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`applying insurance premiums which insurance premiums can be settled in real time in
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`accordance with continually varying risk evaluation values, and monetarily
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`encouraging/promoting safe operation of a vehicle by the operator, i.e. safe driver performance.
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`Attention is also invited to the Black publication, esp. the fourth-seventh paragraphs,
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`eight through tenth paragraphs and second to last paragraph, i.e.:'
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`Black box data recorders, better known for their use in aircraft, are starting to be
`fitted in fleet vehicles, and could have a significant impact on claims experience.
`Motor insurers are also learning of the benefits of satellite navigation systems.
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`The black box is a computerised unit installed near the dashboard of a
`vehicle. Drivers are issued with a personalised data cartridge, which is
`inserted at the beginning of a shift. The vehicle is immobilised until the
`cartridge is loaded.
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`The unit records information such as driving speed, time and distance
`traveled and fuel consumption. At the end of each shift, data from the cartridge
`is downloaded on to a personal computer.
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`The fleet manager can then use the information to assess operating efficiency
`and to analyse the performance of drivers in terms of’ exceeding maximum
`speeds, engine idling time and harsh deceleration.
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`Drivers who use the black box have far less accidents.
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`While this could have a dramatic impact on claims experience, it is still early
`days, and Landmark Insurance is the only company currently offering upfront
`premium discount for fleets fitting the unit.
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`Most insurers agree that the device is an invaluable aid to risk management,. ..
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`But electronics experts at the PA Consulting Group think GPS technology has
`wider implications for the insurance industry, as it can produce all the data a
`black box can and record the vehicle's location. ‘The information could be
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`Art Unit: 3992
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`used to accurately rate premiums according to styles of driving and locality
`of use..." (Emphasis added)
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`Therefore, Black reinforces the teachings of ‘868 by teaching an on-board event/data
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`recording device, e.g. the “black box”, and the contemplation of using it’s recorded information
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`to accurately rate/determine insurance premiums, e.g. discounts, according to styles of driving
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`and locality of use aiding risk management for insurers.
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`Therefore to employ insurance premium determination as taught by ‘868 and Black in
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`combination with the vehicle/ driv