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`Application No.
`Applicant(s)
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`1311323137
`LING ET AL.
`Notice of Aiio wabmty
`Examiner
`Art Unit
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`ROB:RI NIQUEI I:
`3695
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable. PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed). a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
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`1. E This communication is responsive to communication received 11-29-2011.
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`2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
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`3. E The allowed claimfs) isiare 40—57 131 and 132.
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`; the restriction
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`4. I] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a) D All
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`b) I] Some"
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`c) I] None
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`of the:
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`1. El Certified copies of the priority documents have been received.
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`2. El Certified copies of the priority documents have been received in Application No.
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`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
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`International Bureau (PCT Rule 17.2(a)).
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`* Certified copies not received:
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`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
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`5. I] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO—152) which gives reason(s) why the oath or declaration is deficient.
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`6. I] CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
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`(a) I] including changes required by the Notice of Draftsperson’s Patent Drawing Review( PTO-948) attached
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`1) El hereto or 2) I] to Paper No.iMai| Date
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`(b) I] including changes required by the attached Examiner’s Amendment i Comment or in the Office action of
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`Paper NoJMaiI Date
`Identifying indicia such as the application number (see 3? CFR 1.84{c]) should be written on the drawings in the front {not the back) of
`each sheet. Replacement sheet{s] should be labeled as such in the header according to 3? CFR 1.121(d).
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`7. I] DEPOSIT OF andior INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
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`Attachmentis}
`1. E Notice of References Cited (PTO—892)
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`2. El Notice of Draftperson's Patent Drawing Review (PTO—948)
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`3. IE Information Disclosure Statements (PTOiSBiOB).
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`Paper No.iMai| Date
`4. I] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
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`5. El Notice of Informal Patent Application
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`6. El Interview Summary (PTO—413).
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`Paper NoJMaiI Date
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`7. IE Examiner's AmendmentiComment
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`8. E Examiner's Statement of Reasons for Allowance
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`9. I] Other
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` Robert R Niquettei
`iCHARLES KYLEi
`
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`Supervisory Patent Examiner, Art Unit 3895
`Acting Examiner Of Art UN” 3695
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`
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`US. Patent and Trademark Office
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`PTOL-E)?Ir (Rev. 03-11)
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`Notice of Allowability
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`Part of Paper No..-’Mai| Date 20111203
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`Maxim Exhibit 2008 - PNC/JPMC, CBM2014-00038 - Page 2008-001
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`Maxim Exhibit 2008 - PNC/JPMC, CBM2014-00038 - Page 2008-001
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`

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`ApplicationlControl Number: 12l132,487
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`Page 2
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`Art Unit: 3695
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`Detailed Action
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`This communication is in response to Applicant's communications filed on 11-29-
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`2011. Claims 1-134 are pending in this application.
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`Examiner’s Amendm ent/Comment
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`An examiner’s amendment to the record appears below. Should the changes and/or
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`additions be unacceptable to applicant, an amendment must be filed as provided by 37
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`CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no
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`later than the payment of the issue fee.
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`Authorization for this examiner's amendment was given in phone conversation with
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`Applicant's representative, Atty. Joseph Hanasz, (Reg. No. 54720) on 12-8-2011.
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`The application has been amended as follows:
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`IN THE CLAIMS
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`Claims 1-39, 58-130, 133 and 134 are cancelled.
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`Allowable Subject Matter
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`Page 2008-002
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`Page 2008-002
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`

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`Applicationi’Control Number: 12H 32,487
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`Page 3
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`Art Unit: 3695
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`Claims are 40-57, 131 and 132 are allowed. The following is a statement of reasons
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`for the indication of allowable subject matter:
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`The prior art of record (U85835008, Colemere, Jr.) teaches:
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`a processor that collects vehicle data from a vehicle bus that represents aspects of
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`operating the vehicle;
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`a memory that stores selected vehicle data related to a level of safety or an insurable
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`risk in operating a vehicle;
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`a wireless transmitter configured to transfer the selected vehicle data retained within
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`the memory to a distributed network and a server;
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`a database operatively linked to the server to store the selected vehicle data transmit-
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`ted by the wireless transmitter, the database comprising a storage system remote from
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`the wireless transmitter and the memory comprising records with operations for search-
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`ing the records and other functions;
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`Even though, the prior art of record teaches the above-mentioned features, the prior
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`art of record fails to teach:
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`where the server is configured to process the selected vehicle data that represents
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`one or more aspects of operating the vehicle with data that reflects how the selected ve-
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`hicle data affects a premium of an insurance policy, safety or level of risk;
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`Page 2008-003
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`Page 2008-003
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`

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`Applicationi’Control Number: 12ft 32,487
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`Page 4
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`Art Unit: 3695
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`and where the server is further configured to generate a rating factor based on the
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`selected vehicle data stored in the database.
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`For this reason claim 40 is deemed to be allowable over the prior art of record and
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`claims 41-57, 131 and 132 are allowed by dependency on an allowed claim, the de-
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`pendent claims being further limiting to the independent claims, definite and fully enabled
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`by the Specification.
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`It appears that the instant invention is beyond the skill of one of ordinary skill
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`in the
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`art. Accordingly the invention would NOT have been obvious because one of ordinary
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`skill could not have been expected to achieve it, NOR would they have been able to pre-
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`dict the results, and as such, they would have had no capability of expecting success.
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`Any comments considered necessary by applicant must be submitted no later than
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`the payment of the issue fee and, to avoid processing delays, should preferably accom-
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`pany the issue fee. Such submissions should be clearly labeled ”Comments on State-
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`ment of Reasons for Allowance."
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`Conclusion
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`Additional prior art made of record and not relied upon that is considered pertinent to
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`applicant's disclosure can be found on the attached PTO-892. Any inquiry concerning
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`this communication or earlier communications from the examiner should be directed to
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`Page 2008-004
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`Page 2008-004
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`Applicationi’Control Number: 12H 32,487
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`Page 5
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`Art Unit: 3695
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`Robert R. Niquette whose telephone number is 571-270-3613. The examiner can nor-
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`mally be reached on Monday through Thursday, 5:30 AM to 4:00 PM EDT.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s su-
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`pervisor, Charles Kyle can be reached on 571-272-6746. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published appli-
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`cations may be obtained from either Private PAIR or Public PAIR. Status information for
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`unpublished applications is available through Private PAIR only. For more information
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`about
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`the PAIR system, http:i’i’portal.uspto.govfexternali’portali’pair. Should you have
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`questions on access to the Private PAIR system, contact the Electronic Business Center
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`(EBC) at 866-217-9197 (toll-free).
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`If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-
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`9199 (IN USA OR CANADA) or 571-272-1000.
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`Robert R Niquettef
`Examiner, Art Unit 3695
`1-11-2012
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`fCHARLES KYLE}
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`Supervisory Patent Examiner, Art Unit 3695
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`Page 2008-005
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`Page 2008-005
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