Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/16/26 has been entered.
DETAILED ACTION
Claims 1-20 are pending in this Application. Claims 1-20 stand rejected. Claims 1, 2, 7- 9, and 14-16 are herein amended. After careful consideration of applicant arguments and amendments, the examiner finds them to be moot and/or non-persuasive. This action is a Non-Final Office action.
35 USC § 101
Not applicable. The instant invention is a transportation analytics type computing device which may communicate with a mobile phone. Thus the invention is directed to a specific hardware that communicates with a mobile phone to calculate insurance type premiums.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over
US patent to Bischoff 10430883 in view US Patent Publication to Rackley 20200065910 and of US Patent 10664917 to Wasserman
As per claims 1, 8 and 15 Bischoff discloses; gather, from the user mobile device, telematics data for determining a subscription amount for the user using the transportation network during a predefined time period and for insuring the user using the transportation network, Bischoff(col. 21-22 premium calculated like a subscription, it is noted that 0125 of applicant spec indicates that subscription could be a premium)
wherein the user mobile device is configured to collect and transmit a set of telematics data during each timespan that the user mobile device is communicatively linked to a transportation device of the plurality of transportation devices,
Bischoff(col. 4 and col. 8 lines 1-25, it appears that data is collected regularly to determine a cost for insurance, the data is based on telematics, the devices may include mobile phones col. 5 describes some various hardware
the set of telematics data including an identifier indicating which a type of transportation device of the plurality of transportations devices that was communicatively linked to the user mobile device during the corresponding timespan;
Bischoff(col. 4 and col. 8 lines 1-25, it appears that data is collected regularly to determine a cost for insurance, the data is based on telematics, the devices may include mobile phones col. 5 describes some various hardware, in regards to the type of vehicle col 8 says “a particular vehicle” and vehicle specifications…
Here Bishoff does not explicitly disclose what Rackley teaches;
calculate the subscription amount based upon telematics data
including the identifier indicating the type of transportation device from each set of telematics data collected during the predefined time period, the subscription amount to be transferred from the user to the….. ; and cause the user mobile device to display present the calculated subscription amount.
Rackley(0028-30, the generalized concept of subscription for vehicle service)
Here, “transportation network” as per applicant specification maybe for a rideshare which is not disclosed in Bischoff. Wasserman teaches ride share insurance. Col. 14 lines 20-30)
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine Bishoff’s insurance with Rackley’s insurance subscription for the motivation of providing user specific insurance tailored in “specific combinations” (0003)
Further in view of amendment, including the identifier indicating type of transportation device Wasserman( col. 24, if the driver uses the compact car then a further discount lines 45-50 and col 9 60-end) It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the ride insurance of Bischoff with the ride sharing of Wasserman for the motivation of providing more specific insurance “based on received information” (col. 1 lines 15-35)
Claims 1, 15 are similar to claim 8
As per claim 2, Bischoff discloses; The computing device of Claim 1, wherein the telematics data includes at least one first set of telematics data associated with a first transportation device of the plurality of transportation devices and at least one second set of telematics data associated with a second transportation device of the plurality of transportation devices.
(col. 22 telematics , lines 50-60)
Here Rackley teaches;
wherein the first transportation device is of a first type associated with a first identifier and wherein the second transportation devices is of a second type different from the first type and associated with a second identifier.
Rackley(0075, an identifier for the specific vehicle asset)
The motivation for the combination would be similar to that provided for claim 1.
Claims 9, 16 are similar to claim 2.
As per claim 3, Bischoff discloses; The computing device of Claim 1, wherein the at least one processor is further configured to: compute a premium amount based upon at least one of the subscription amount and the telematics data; and transfer the premium amount from a transportation network account associated with the transportation network to an insurer account associated with an insurer.
Bishcoff (col. 4 and col. 20 premiums calculated based on telematics, premium based on at least one of only requires one, ie. subscription or telematics data)
Claims 10, 17 are similar to claim 3
As per claim 4, Bischoff discloses; The computing device Claim 1, wherein the at least one processor is further configured to transfer the subscription amount from a user account associated with the user to a transportation network account associated with the transportation network. 0
Bischoff(col. 20 lines 20-30 insurance premium… multiple insurance premium configs. … per day could be interpreted as a subscription since the applicant spec. does not define subscription explicitly, for example 0125 of spec, “subscription amount based upon at least one of the premium amount or the identified telematics data, thus subscription amount could be premium or premium per day)
Claims 11 and 18 are similar to claim 4
As per claim 5, Bischoff discloses;
The computing device of Claim 1, wherein the plurality of transportation devices include at least one of a motor vehicle, a bicycle, or powered scooter. (col. 10 lines 25-35, “or” but, all three disclosed)
Claims 12, and 19 are similar to claim 5
As per claim 6 Bischoff discloses; The computing device of Claim 1, wherein the user mobile device is configured to be communicatively linked to the plurality of transportation devices via at least one of a physical coupling or a wireless coupling. Bischoff (col. 13 lines 1-15, “or” is a choice, wireless)
Claims 13 and 20 are similar to claim 6
As per claim 7 Bischoff discloses;
the computing device of Claim 1, wherein the at least one processor is further configured to: identify each period the user mobile device is communicatively linked to one of the plurality of transportation devices as a trip; and store the telematics data in the database further in association with a trip identifier corresponding to the identified trip.
Bischoff(col. 14 trips analysis by the hour… and col. 32, time stamp, col. 21 dynamic usage based policy col. 22 lines 25-30 cost of insurance for a driving trip)
Claim 14 is similar to claim 7
Response to Arguments
Claims 1-20 are pending in this Application. Claims 1-20 stand rejected. Claims 1, 2, 7- 9, and 14-16 are herein amended. After careful consideration of applicant arguments and amendments, the examiner finds them to be moot and/or non-persuasive. This action is a Non-Final Office action.
35 U.S.C. 103 Rejection
The rejection of Claims 1-20 under 35 U.S.C. § 103 as being allegedly unpatentable over U.S. Patent No. 10,430,883 to Bischoff in view of U.S. Patent No. 10,664,917 to Wasserman and U.S. Publication No. 2019/0066535 to Pifko is respectfully traversed.
Bischoff describes a system for providing a dynamic usage-based insurance policy for one or more drivers of a vehicle. (See Bischoff, col. 20, lines 19-38.) A hardware device ("a telematics device") collects information corresponding to trips made by an insured user in the vehicle, which the system analyzes to determine a cost associated with insuring the vehicle. (Id.)
Wasserman describes personal insurance systems for personalized vehicle insurance policies. (See Wasserman, Abstract.) Various driver data, vehicle data, and driving trip data may be received and analyzed in order to determine usage-based insurance parameters for vehicle driving and non-driving activities. (Id.)
Pifko describes a method including collecting trip data from various sensors integrated in a mobile device for a user, segregating the trip motion data into one or more segments associated with one or more populations with distinct features and characteristics, and processing the trip data to identify event and behavior features that can be used to evaluate a driver's abilities in a contextually appropriate way. (See Pifko, Abstract.)
No combination of Bischoff, Wasserman, and Pifko describes or suggests a computing device configured to "calculate the subscription amount based upon telematics data including the identifier indicating the type of transportation device from each set of telematics data collected during the predefined time period, the subscription amount to be transferred from the user to the transportation network," as
Here the combination is asserted. Furthermore the amendment is anticipated by Wasserman and Rackley, newly updated. Thus the argument is moot in view of updated grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
PriPAYD: Privacy-Friendly Pay-As-You-Drive Insurance, IEEE 2011
Usage-based insurance system based on carrier-cloud-client, IEEE 2015
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRUCE I EBERSMAN whose telephone number is (571)270-3442. The examiner can normally be reached 8:00 am - 5:00 pm Monday-Friday.
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/BRUCE I EBERSMAN/Primary Examiner, Art Unit 3693
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