`Review CBM2012‐00003
`& CBM2013‐00009
`
`U.S. Patent No. 8,140,358
`
`Oral Hearing: October 15,
`2013, 1 p.m.
`
`Liberty Mutual Exhibit 1050
`Liberty Mutual v. Progressive
`CBM2013-00009
`
`
`
`•
`
`•
`
`U.S. Pat. No. 8,140,358
`1. A system that monitors and facilitates a review of data
`collected from a vehicle that is used to determine a level of
`safety or cost of insurance comprising:
`•
`a processor that collects vehicle data from a vehicle bus
`that represents aspects of operating the vehicle;
`a memory that stores selected vehicle data related to a
`level of safety or an insurable risk in operating a vehicle;
`a wireless transmitter configured to transfer the selected
`vehicle data retained within the memory to a distributed
`network and a server;
`a database operatively linked to the server to store the
`selected vehicle data transmitted by the wireless
`transmitter, the database comprising a storage system
`remote from the wireless transmitter and the memory
`comprising records with operations for searching the
`records and other functions;
`• where the server is configured to process selected
`vehicle data that represents one or more aspects of
`operating the vehicle with data that reflects how the
`selected vehicle data affects a premium of an insurance
`policy, safety or level of risk; and
`• where the server is further configured to generate a
`rating factor based on the selected vehicle data stored in
`the database.
`
`•
`
`1
`
`
`
`‘650 App Not Enough for PTO
`• Both times the PTO has
`considered the issue for the ‘358
`patent—the ‘650 application was
`not enough to prevent
`application of later prior art
`– Original examination
`• See Ex. 1002 (FH) at
`000147; 000026
`– PTAB Institution Decision
`• See ID (Paper 15) at 17‐21
`
`2
`
`
`
`‘650 App Not Enough for
`Parent ‘598
`• Both times the PTO has
`considered the issue for the ‘598
`patent (parent to the ‘358)—the
`‘650 application was not enough
`to prevent application of later
`prior art
`– Original examination
`• See, e.g., Ex. 1002 (FH) at
`1166‐84; 1568‐83; 1226;
`74‐76
`– PTAB Institution Decision
`• See ID (Paper 11) at 22‐30
`
`3
`
`
`
`Application leading to
`Parent ‘598
`
`• Added to ‘650 application
`– 13 columns of text
`– 12 Figures
`
`4
`
`
`
`Application leading
`to ‘358
`
`• Added to application leading to
`Parent ‘598 another
`– 13 columns of text
`– 17 Figures
`• Total added after ‘650
`application
`– 26 columns of text
`– 29 Figures
`
`5
`
`
`
`Missing parts of ‘358 claim 1
`
`• All claims fall with claim 1
`• Missing support in ‘650
`application for
`– Claimed server
`– Wireless transmission of
`selected vehicle data
`– Database linked to claimed
`server
`– See ID at 17‐21
`
`6
`
`
`
`Missing claimed server
`
`•
`
`See ID 19‐20
`
`7
`
`
`
`Missing wireless
`transmission of “selected
`vehicle data” to claimed
`server
`
`•
`
`See ID at 19
`
`8
`
`
`
`Missing database linked to
`server
`
`•
`
`See ID at 20
`
`9
`
`
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