DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1, 2, 5, 8-10, 15, 18, 19, 22, 25-27, 32 are amended.
Claims 14 and 31 are canceled.
No newly added claims.
Claims 1-13 and 15-30, and 32-34 are presented for examination.
Response to Arguments
Applicant's arguments filed in the amendment filed on 5/1/2026 have been fully considered but they are moot in view of new grounds of rejection.
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 of this title, 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.
Claims 1, 2, 4-7, 12, 13, 18, 19, 21-24, 28, and 29 are rejected under U.S.C. 103 as being unpatentable over Barnes et al. (US 8423408, part of Information Disclosure Statement (IDS) filed on 4/28/2026) in view of Webster et al. (US 20090094160), in further view of Major et al. (US 20170208369), Romrell et al. (US 20160156945).
Regarding claim 1. Barnes discloses, a method of delivering assets to a subscriber using communication media, wherein the subscriber is associated with a set of user equipment devices (UEDs), each UED of the set of UEDs remote from and in operative communication with a decisioning system (Col. 8, line 42-44, The campaign execution unit 110 is responsible for delivering advertisements to mobile devices 104. Col. 7, line 51-54, Ad Fulfillment System 102 to uniquely identify each user of a mobile device to whom an ad will be served, which may then be used in targeting advertisements to specific users of mobile devices, Col. 12, line 15-18, A block diagram of an illustrative mobile device 104, as it interacts with the advertisement fulfillment system 102 is shown in FIG. 2. In various embodiments, the mobile device 104 comprises a cellular or wireless telephone i.e. delivering advertainments to plurality of user devices that are in communication with advertisement fulfillment (i.e. system that makes decision to target advertisement) system), the method comprising the steps of:
establishing, at the decisioning system, information regarding an asset set, the asset set including a plurality of assets for scheduling for delivery to the subscriber, the asset set established at least partially based on campaign specification information for each of the assets (Col. 6, line 23-27 the analytic engine 124 contains the data and intelligence to enable planning and execution of campaigns that meet the requirements needed to target highly relevant advertisements to subscribers. Col. 9, line 6-14, The campaign execution engine 128 serves the advertisements for a given campaign upon receiving the advertisement requests (in case of pull ads). Upon receiving an advertisement request from the delivery agent/advertisement server 126 (in case of pull ads), the campaign execution engine 128 determines the appropriate advertisement to be served based on complex rules and parameters.);
instructing a first UED associated with the subscriber to store assets at a memory structure of the first UED based on asset impression information that is determined from aggregated subscriber impression information from two or more of the set of UEDs including the first UED and a second UED, wherein, wherein the subscriber impression information represents a level of fulfillment of the campaign specification information for a selected asset of the asset set (Col. 6, line 33-42 The optimization engine 160 of the analytic engine 124 optimizes in-progress campaigns. The optimization engine 160 receives feedback on in-progress campaigns via the event handler 130 (FIG. 1A), and modifies or optimizes the in-progress campaigns based on campaign optimization rules. In various embodiments, examples of campaign optimization rules include promoting particular spots or particular advertisements that are performing better than others, or prioritizing a particular campaign lagging behind in number of impressions);
comparing the updated aggregated subscriber impression information with the campaign specification information for the selected asset to make a determination that the aggregated subscriber impression information has not satisfied the campaign specification information (Col. 6, line 33-43, The optimization engine 160 of the analytic engine 124 optimizes in-progress campaigns. The optimization engine 160 receives feedback on in-progress campaigns via the event handler 130 (FIG. 1A), and modifies or optimizes the in-progress campaigns based on campaign optimization rules. In various embodiments, examples of campaign optimization rules include promoting particular spots or particular advertisements that are performing better than others, or prioritizing a particular campaign lagging behind in number of impressions, i.e. in order to determine how advertisement in campaign is performing whether they are performing better or lagging (i.e. aggregated impression count is less than or better than expected impression based on advertisement campaign), comparing the current impression count with required number of impression to determine that advertisement is lagging means that it has not satisfied expected campaign impression specification); and
transmitting, in response to an identified asset delivery opportunity, a playlist to the first UED that instructs the first UED to playback the selected asset within the identified asset delivery opportunity (Col. 3, line 29-30, term "spot" to refer to an available instance for a commercial on television or radio between major programs. Col. 13, line 1-6, The Advertisement Fulfillment System 102 (and more specifically, the delivery agent/advertisement server 126) will identify one or more advertisements to send to the mobile device 104 to store in the Advertisements Store 202 based on identifying information and currently executing campaigns (block 304). Col. 13, line 7-17, The Advertisement Fulfillment System 102 identifies specific advertisements to convey based upon the identifying information about the mobile device 104. For example, based on the unique subscriber identifier, the Advertisement Fulfillment System 102 determines which advertisements to send, according to the campaign planner 108. In various embodiments, the advertisements which are sent may be chosen according to demographical information related to the subscriber, behavioral information related to the subscriber, or location information pertaining to where the subscriber (and mobile device 104) is located. Col. 13, line 65-67, col. 14, line 1-10 The advertisements are stored with rotation information in the Advertisements Store 202, and the Advertisement Management System 204 selects the appropriate advertisement based on the rotation information. The rotation information may include the rotation order may be logically based using rules from one or more on-going advertising campaigns, i.e. transmitting list of advertisements to mobile device to be stored and providing logical order (i.e. instruction to select specific advertisement to inserted in spot), based on unique opportunity such as information about user);
Barnes does not disclose, cloud-based asset delivery system,
wherein the subscriber impression information includes whether the selected asset was completely or partially delivered to the subscriber;
first receiving a first indication for the first UED, the first indication indicative of the first UED playing the selected asset during a first streaming program;
second receiving a second indication for the second UED, the second indication indicative of the second UED playing the selected asset during a second streaming program;
based on the received first and second indications, updating the aggregated subscriber impression information associated with the selected asset;
wherein the identified asset delivery opportunity is identified using cue messages and the identified asset delivery opportunity comprises a unique opportunity to deliver the selected asset into a designated spot of designating programming to the subscriber.
Webster discloses, Wherein the subscriber impression information includes whether the selected asset was completely or partially delivered to the subscriber (Par. 0037, activity relating to the asset being tracked. Usage activity can include, for example, whether an asset was played (either partially or in its entirety), the number of times the asset was played (i.e., the "play count" of the advertisement), the amount of time spent playing an asset, information about the user who consumed the asset. Par. 0038, The reporting server can analyze the usage activity data to verify that the user indeed viewed the advertisement, as well as to conduct various analyses and reports based on the collected data. This information can be useful, for example, to determine the effectiveness of various advertisements, as well as provide information on who, where, and when the advertisement (or other asset) was played).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes, by teaching of wherein the subscriber impression information includes whether an asset of the asset set was partially delivered to a particular subscriber of the particular subscribers, as taught by Webster, to track the subscriber impression data which take in to consideration that whether any advertisement was partially played to verify that the user indeed viewed the advertisement to get the actual play count of advertisement, as disclosed in Webster, par. 0037-0038.
Barnes in view of Webster does not disclose, cloud-based asset delivery system,
first receiving a first indication for the first UED, the first indication indicative of the first UED playing the selected asset during a first streaming program;
second receiving a second indication for the second UED, the second indication indicative of the second UED playing the selected asset during a second streaming program;
based on the received first and second indications, updating the aggregated subscriber impression information associated with the selected asset;
wherein the identified asset delivery opportunity is identified using cue messages and the identified asset delivery opportunity comprises a unique opportunity to deliver the selected asset into a designated spot of designating programming to the subscriber.
Major discloses, cloud-based asset delivery system (par. 0024, embodiments could provide the features described herein using conventional computing machinery (e.g., physical or cloud based servers). Par. 0063, The CDN/content source 107 is therefore able to track requests for particular ads that are delivered to the different media clients (function 410) for playback by the media client (function 412). Playback 412 may take place via a locally-attached television, monitor or similar display, although equivalent embodiments could place shift an encoded media stream to a mobile phone, tablet or other remotely-located device (e.g., device 127 or the like).),
first receiving a first indication for the first UED, the first indication indicative of the first UED playing the selected asset during a first streaming program (Par. 0008, Advertisement data could be tracked across any number of channels and programs, aggregator that distributes multiple channels over a wide geographic area may be able to recognize the same ad regardless of the time or place of broadcast. Par. 0013, monitor advertisement viewing by a plurality of playback devices coupled to a network. Various embodiments of the system suitably comprise: a database configured to store identifying information about television advertisements appearing in broadcast television programs. Par. 0022, The identification can recognize ads run on different channels, networks, programs and/or television markets, thereby providing a very comprehensive and useful database of information, i.e. tracking (i.e. receiving indication) from multiple different plurality of devices (i.e. first device and second device) that the advertisement is played during multiple plurality of channels (i.e. first stream and second stream);
second receiving a second indication for the second UED, the second indication indicative of the second UED playing the selected asset during a second streaming program (Par. 0008, Advertisement data could be tracked across any number of channels and programs, aggregator that distributes multiple channels over a wide geographic area may be able to recognize the same ad regardless of the time or place of broadcast. Par. 0013, monitor advertisement viewing by a plurality of playback devices coupled to a network. Various embodiments of the system suitably comprise: a database configured to store identifying information about television advertisements appearing in broadcast television programs. Par. 0022, The identification can recognize ads run on different channels, networks, programs and/or television markets, thereby providing a very comprehensive and useful database of information, i.e. tracking (i.e. receiving indication) from multiple different plurality of devices (i.e. first device and second device) that the advertisement is played during multiple plurality of channels (i.e. first stream and second stream);
based on the received first and second indications, updating the aggregated subscriber impression information associated with the selected asset (Par. 0065, Ad tracking may be reported back to a data collection system in any manner; batches of reports may be sent on any regular or irregular temporal basis, or data may be polled by the server, i.e. media devices tracks the advertisement displayed and reports it periodically (i.e. updated previous report of advertisement displayed).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes in view of Webster, by teaching of cloud-based asset delivery system, receiving first indication indicative of the first UED playing the selected asset during a first streaming program and receiving second indication indicative of the second UED playing the selected asset during a second streaming program, based on the received first and second indications, updating the aggregated subscriber impression information associated with the selected asset as taught by Major, to help advertisers to track the broadcast as well as the viewing of their various ads across multiple markets, channels or networks and to further enhance the viewing of identified content, and/or to collect viewing information for any number of playback devices and systems, as desired, as disclosed in Major, par. 0065.
Barnes in view of Webster in further view of Major does not disclose,
wherein the identified asset delivery opportunity is identified using cue messages and the identified asset delivery opportunity comprises a unique opportunity to deliver the selected asset into a designated spot of designating programming to the subscriber.
Romrell discloses, wherein the identified asset delivery opportunity is identified using cue messages and the identified asset delivery opportunity comprises a unique opportunity to deliver the selected asset into a designated spot of designating programming to the subscriber (Par. 0034, identify one or more trigger indicating that advertisement avail will occur withing the content offering, par. 0052, Trigger 320 may comprise, for example, an SCTE-35 cue packet in an MPEG-2 stream. Par. 0035-0036, A placement opportunity manager 209 can then determine a duration until at least one advertisement avail occurs, An advertisement can then obtain at least one advertisement to insert in the at least one advertisement avail. In one or more embodiments, the advertisement is a targeted advertisement. Par. 0038, the data stream is delivered such that all portions of the advertisement are delivered during the duration and prior to the advertisement avail occurring or completing in the subscriber device 201, par. 0039-0040, provide just-in-time delivery of advertising that can be stored locally in a subscriber device 201 in a very small amount of memory, for a ninety-second advertisement avail, the maximum memory requirement in the local cache 202 of the subscriber device 201 is an amount of storage for three thirty-second commercials, i.e. using cue message identifying asset delivery opportunity, and deliver set of advertisement (i.e. three thirty second commercials) to be stored at the subscriber device to deliver the advertisement in to avail (i.e. specific spot in to designated programming) to targeted user).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes in view of Webster in further view of Major, by teaching the identified asset delivery opportunity is identified using cue messages and the identified asset delivery opportunity comprises a unique opportunity to deliver the selected asset into a designated spot of designating programming to the subscriber, as taught by Romrell, to deliver targeted advertising to people with common interests or demographics for insertion into broadcast programming in such a manner to provide just in time delivery of advertisement by matching the advertisement to an individual viewer's interest profile, as desired, as disclosed in Romrell, par. 006, and 00039-0040.
Regarding claim 2, The method of claim 1,
Barnes in view of Webster in further view of Major in further view of Romrell further discloses, further comprising:
obtaining audience feedback information from the first UED indicative of subscriber interaction with the first UED during asset playback (Webster, par. 0072, Asset activity tracking ("AAT") data is usually collected for purposes of being reported back to an activity reporting server for service revenue, quality of service, usage, content rating (passive and active on the part of the user), user interaction, and other purposes).
Regarding claim 4, The method of claim 2,
Barnes in view of Webster in further view of Major in further view of Romrell further discloses further discloses, further comprising:
reporting the audience feedback information (Webster, par. 0072, Asset activity tracking ("AAT") data is usually collected for purposes of being reported back to an activity reporting server for service revenue, quality of service, usage, content rating (passive and active on the part of the user), user interaction, and other purposes).
Regarding claim 5, The method of claim 1,
Barnes in view of Webster in further view of Major in further view of Romrell further discloses, wherein the cloud-based asset decisioning system (Major, par. 0024, embodiments could provide the features described herein using conventional computing machinery (e.g., physical or cloud based servers). Par. 0063, The CDN/content source 107 is therefore able to track requests for particular ads that are delivered to the different media clients (function 410) for playback by the media client (function 412). Playback 412 may take place via a locally-attached television, monitor or similar display, although equivalent embodiments could place shift an encoded media stream to a mobile phone, tablet or other remotely-located device (e.g., device 127 or the like).) is operative to:
obtain, from asset providers, decisioning information for the assets, the decisioning information identifying target audiences for the assets (Barnes A campaign definition defined by the advertisement agency user with the planning engine 122 may, include the following criteria: targeting criteria, the targeting criteria may include, for example, demographic data such as age, gender, marital status, income level, whether the user has children, and educational level. In various embodiments, the targeting criteria may include, for example, behavioral categories (i.e., sports, music, or travel preferences)); and
obtain audience classification information for the subscribers, the audience classification information including at least one classification parameter of the subscriber (Barnes A campaign definition defined by the advertisement agency user with the planning engine 122 may, include the following criteria: targeting criteria, the targeting criteria may include, for example, demographic data such as age, gender, marital status, income level, whether the user has children, and educational level. In various embodiments, the targeting criteria may include, for example, behavioral categories (i.e., sports, music, or travel preferences)).
Regarding claim 6, The method of claim 5,
Barnes further discloses, wherein the classification parameter relates to at least one of age, gender, income level, personal interest, or locale of the subscriber (Barnes Col. 5, line 1-12 the advertisement agency user with the planning engine 122 may, include the following criteria: targeting criteria, the targeting criteria may include, for example, demographic data such as age, gender, marital status, income level, whether the user has children, and educational level. In various embodiments, the targeting criteria may include, for example, behavioral categories (i.e., sports, music, or travel preferences)).
Regarding claim 7, The method of claim 5,
Barnes further discloses, wherein the asset set comprises assets for which the corresponding decisioning information matches the audience classification information of the subscriber (Barnes col. 5, line 28-36, the advertisement agency user inputs at least start and stop dates, advertisements, spots (i.e., times available for advertising to be displayed) and targeting information such as, for example, targeting an age group of 18-35 year old males. Based on these provided inputs, the analytics engine 124 generates a number of impressions and a number of targeted subscribers.).
Regarding claim 12, The method of claim 1,
Barnes further discloses, wherein the asset set is established in relation to the identified asset delivery opportunity (Barnes col. 13, line 13-17, the advertisements which are sent may be chosen according to demographical information related to the subscriber, behavioral information related to the subscriber, or location information pertaining to where the subscriber (and mobile device 104) is located).
Regarding claim 13, The method of claim 1,
Barnes further discloses, wherein an indication indicative of the stored assets corresponds to the identified asset delivery opportunity (par. 0039-0040, provide just-in-time delivery of advertising that can be stored locally in a subscriber device 201 in a very small amount of memory, for a ninety-second advertisement avail, the maximum memory requirement in the local cache 202 of the subscriber device 201 is an amount of storage for three thirty-second commercials. Par. 0071, the subscriber device 201 can report back to the advertisement injector 210 regarding whether a targeted advertisement was presented to a subscriber, i.e. receiving indication indicative of stored targeted advertisement was presented).
Regarding claims 18, Barnes in view of Webster in further view of Major in further of Romrell meets the claim limitations as set forth in claim 1.
Regarding claims 19, Barnes in view of Webster in further view of Major in further of Romrell meets the claim limitations as set forth in claim 2.
Regarding claims 21, Barnes in view of Webster in further view of Major in further of Romrell meets the claim limitations as set forth in claim 4.
Regarding claims 22, Barnes in view of Webster in further view of Major in further of Romrell meets the claim limitations as set forth in claim 5.
Regarding claims 23, 24, 28, and 29, Barnes meets the claim limitations as set forth in claim 6, 7, 12, and 13.
Claims 3 and 20 are rejected under U.S.C. 103 as being unpatentable over Barnes et al. (US 8423408, part of Information Disclosure Statement (IDS) filed on 4/28/2026) in view of Webster et al. (US 20090094160), in further view of Major et al. (US 20170208369), Romrell et al. (US 20160156945), in further view of Agarwal et al. (US 20100251278), in further view of Kerns (20180218400).
Regarding claim 3, The method of claim 2,
Barnes in view of Webster in further view of Major in further of Romrell does not disclose, wherein the subscriber interaction, in relation to at least one asset associated with the playlist, includes asset playback speed, asset playback volume, and asset playback runtime.
Agarwal discloses, wherein the subscriber interaction, in relation to at least one asset associated with the playlist, includes asset playback speed, and asset playback runtime (Par. 0016, telephone carrier, IPTV service, device being PCs or other device. Par. 0075, the duration of the ad played back unit user interruption, type of user interruption during ad playback such as fast forward (i.e. speed of asset playback)).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes in view of Webster in further view of Major in further of Romrell, by teaching of the subscriber interaction includes asset playback speed, and asset playback runtime, as taught by Agarwal, to relevant and accurate measurement data and feedback that will be valuable advertisers in IPTV environment, as disclosed in Agarwal, par. 0003.
Modified Barnes does not disclose, wherein the subscriber interaction, in relation to at least one asset associated with the playlist, includes asset playback volume.
Kerns discloses, wherein the subscriber interaction, in relation to at least one asset associated with the playlist, includes asset playback volume (Par. 0039, a user's interaction with the device at which media content is streamed/played can include but are not limited to: volume of the player in which an advertisement is being played).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes in view of Webster in further view of Major in further of Romrell in further view of Agarwal, by teaching of the subscriber interaction includes asset playback volume, as taught by Kerns, to consider other secondary factor of user interaction to determining an activity level of a user based on the monitored interactions, as disclosed in Kerns, par. 0007.
Regarding claim 20, Barnes in view of Webster in further view of Major in further of Romrell in further view of Agarwal in further view of Kerns in further view of meets the claim limitations as set forth in claim 3.
Claims 8-11 and 25-28 are rejected under U.S.C. 103 as being unpatentable over Barnes et al. (US 8423408, part of Information Disclosure Statement (IDS) filed on 4/28/2026) in view of Webster et al. (US 20090094160), in further view of Major et al. (US 20170208369), Romrell et al. (US 20160156945), in further view of Bagherjeiran et al. (US 10891653).
Regarding claim 8, The method of claim 5,
Barnes in view of Webster in further view of Major in further of Romrell does not disclose, wherein each asset of the asset set is associated with an asset delivery request received by the asset decisioning system, each asset delivery request indicative of a request to deliver a corresponding asset to the subscriber.
Bagherjeiran discloses, wherein each asset of the asset set is associated with an asset delivery request received by the cloud-based decisioning system, each asset delivery request indicative of a request to deliver a corresponding asset to the subscriber (Column 3, line 19-32, when ad request is received, gender, age associated with the request are used to determine any of these (i.e. gender or age) corresponds to terms associated with targeting expression of advertisement), i.e. each asset is associated with an criteria in asset delivery request, where asset is indicative of matching criteria in request to deliver corresponding asset to the specific demographic of the subscriber).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes in view of Webster in further view of Major in further of Romrell, by teaching of the asset is associated with an asset delivery request received by the asset decisioning system, each asset delivery request indicative of a request to deliver a corresponding asset to the subscriber, as taught by Bagherjeiran, by having indication of asset criteria in advertisement request helps with better targeting of advertisement campaign, as disclosed in Bagherjeiran, col. line 55-67.
Regarding claim 9, The method of claim 8,
Barnes in view of Webster in further view of Major in further of Romrell in further view of Bagherjeiran further discloses, wherein the stored assets include assets delivered via a computer-based content exchange remote from the asset decisioning system (Romell, 0036, An advertisement injector 210 operable with the placement opportunity manager 209 can then obtain at least one advertisement to insert in the at least one advertisement avail. In one or more embodiments, the advertisement is a targeted advertisement intended for a user or group of users having a common demographic, geography, or interest. Par. 0069, fig. 2, the subscriber device 201 could request the advertisement 331 from the edge device 203 in real time, fig. 2 shows asset sent to subscriber device delivered via edge device 203 which remote from the advertisement injector 210).
Regarding claim 10, The method of claim 9,
Barnes in view of Webster in further view of Major in further of Romrell in further view of Bagherjeiran further discloses, wherein the computer-based content exchange delivers assets to the UED at least partially based on at least one asset delivery request associated with an asset of the asset set (Bagherjeiran Column 3, line 19-32, when ad request is received, gender, age associated with the request are used to determine any of these (i.e. gender or age) corresponds to terms associated with targeting expression of advertisement), i.e. each asset is associated with an criteria in asset delivery request, where asset is indicative of matching criteria in request to deliver corresponding asset to the specific demographic of the subscriber).
Regarding claim 11, The method of claim 9,
Barnes in view of Webster in further view of Major in further of Romrell in further view of Bagherjeiran further discloses, wherein the computer-based content exchange comprises an IP-based data network (Romrell Par. 0016, the subscriber device 201 uses an Internet Group Management Protocol command to tune to the content delivery network server 204, i.e. Internet Group Management Protocol is network-layer protocol used in IPv4 networks).
Regarding claims 25-28, Barnes in view of Webster in further view of Major in further of Romrell in further view of Bagherjeiran meets the claim limitations as set forth in claim 8-11.
Claims 15 and 32 are rejected under U.S.C. 103 as being unpatentable over Barnes et al. (US 8423408, part of Information Disclosure Statement (IDS) filed on 4/28/2026) in view of Webster et al. (US 20090094160), in further view of Major et al. (US 20170208369), Romrell et al. (US 20160156945), in further view of Yang et al. (US 20120191541).
Regarding claim 15, The method of claim 1,
Barnes in view of Webster in further view of Major in further of Romrell does not disclose, further comprising:
receiving an indication indicative of a time of delivery by the first UED selected asset associated with the playlist; and
based on the receiving, updating the subscriber impression information for the asset associated with the playlist.
Yang discloses, further comprising:
receiving an indication indicative of a time of delivery by the first UED selected asset associated with the playlist (Par. 0126, ad impression can be counted and reported with associated context information, time of day, location of recipient); and
based on the receiving, updating the subscriber impression information for the asset associated with the playlist (Par. 0126, ad impression can be counted (i.e. updating impression information) and reported with associated context information, time of day, location of recipient).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes in view of Webster in further view of Major in further of Romrell, by teaching receiving time of the delivery of asset and based on the received information updating impression information, as taught by Yang, to enables the operators to forecast the number of impressions and the characteristics of users that are likely to be available to receive impressions ready to be allocated to those users at a future date and time, as disclosed in Yang, par. 0126.
Regarding claim 32, Barnes in view of Webster in further view of Major in further of Romrell in further view of Yang meets the claim limitations as set forth in claim 15.
Claims 16, 17, 33, and 34 are rejected under U.S.C. 103 as being unpatentable over Barnes et al. (US 8423408, part of Information Disclosure Statement (IDS) filed on 4/28/2026) in view of Webster et al. (US 20090094160), in further view of Major et al. (US 20170208369), Romrell et al. (US 20160156945), in further view of Yang et al. (US 20120191541), in further view of Leigh et al (US 20120072282).
Regarding claim 16, The method of claim 15,
Barnes in view of Webster in further view of Major in further of Romrell in further view of Yang does not disclose, wherein the campaign specification information includes a frequency of delivery parameter, the frequency of delivery parameter indicative of a maximum impression count corresponding to a number of instances the subscriber views assets of the asset set.
Leigh discloses, wherein the campaign specification information includes a frequency of delivery parameter, the frequency of delivery parameter indicative of a maximum impression count corresponding to a number of instances the subscriber views assets of the asset set (Par. 0048, advertising campaign restriction as shown in table 1, max impression = 4 per day).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Barnes in view of Webster in further view of Major in further of Romrell in further view of Yang, by teaching of the campaign specification information includes a frequency of delivery parameter, the frequency of delivery parameter indicative of a maximum impression count corresponding to a number of instances the subscriber views assets of the asset set, as taught by Leigh, to optimizes the placement of advertisements within the opportunities respecting the restrictions of placement that the advertisers specify on the placement of their advertisements, as disclosed in Leigh, par. 0016.
Regarding claim 17, The method of claim 16,
Barnes in view of Webster in further view of Major in further of Romrell in further view of Yang in further view of Leigh further discloses, wherein the campaign specification information includes a minimum time interval parameter, the minimum time interval parameter indicative of a minimum time period between the instances of the subscriber viewing the first asset within an identified period (Leigh Par. 0048, advertising campaign restriction as shown in table 1, minimum spacing = 1 hour, i.e. minimum time period between the two impression, here within identified period would be time between instances of impressions).
Regarding claim 33-34, Barnes in view of Webster in further view of Major in further of Romrell in further view of Yang in further view of Leigh meets the claim limitations as set forth in claim 16-17.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AD/Examiner, Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422
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