DETAILED ACTION
The present application, filed on 10/14/2022 is being examined under the AIA first inventor to file provisions.
The following is a FINAL Office Action in response to Applicant’s amendments filed on 3/17/2026.
Claims 1, 8, 15 are amended
Claims 16-25 are cancelled
c. Claims 26-27 are new
Overall, Claims 1-15 are pending and have been considered below.
Information Disclosure Statement (IDS)
The information disclosure statement (IDS) submitted on 3/17/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, such IDS is being considered by Examiner.
Claim Rejections - 35 USC § 103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 difference 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 the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
i. Determining the scope and contents of the prior art.
ii. Ascertaining the differences between the prior art and the claims at issue.
iii. Resolving the level of ordinary skill in the pertinent art.
iv. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over McCoy et al (US 8,875,175), in view of Fife et al (US 2014/0082659), in further view of Ruttenberg et al (US 2006/0271434).
Regarding Claims 1, 8, 15 – McCoy first embodiment discloses: A method, comprising:
transmitting, to a server computer, a request for content associated with a first media collection; {see at least fig5, rc500, (61)/[9:44-48] content request; (75)/[10:63-11:11]; (95)/[13:33-41]; (24)/[5/57-67] all media types on display screen (video reads on plurality of content elements; the application specification discloses at [0035], [0037]-[0040] mentions video as a plurality of content elements)}
receiving, from the server computer, a plurality of content elements associated with the first media collection and at least a first advertising element; {see at least fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements}
displaying, on an output display of a device, the plurality of content elements and the first advertising element; {see at least fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertisements; displaying content and advertisements}
detecting, based on the displaying, user input to skip at least part of the plurality of content elements or the first advertising element {see at least fig5, rc514, [page 23]-[page 24] user issues skip command}, such that an actual display time of the plurality of content elements and the first advertising element differs from an expected display time of the plurality of content elements and the first advertising element; {see at least fig6, rc624, [page 23]-[page 24] advertisement display duration (reads on actual display time being shorter, i.e., “differs” from the expected display time, i.e. the maximum display time, all the time before the maximum display time is reached)}
storing, in a memory of a device and based on the detecting, first display timing data associated with a first display time of the plurality of content elements and a second display time of the first advertising element, the first display time and second display time corresponding to the actual display time of the plurality of content elements and the first advertising element; {see at least fig5, rc124, (30)-(31)/[6:41-53] receives content related data, like video and video ads, including content and advertisement insertion points, from receiving module; (41)/[7:46-60] fig5, rc104 schedule module; fig8, rc710, rc712, (105)-(106)/914:39-51] display ad time is saved; fig6, rc624, [page 23]-[page 24] advertisement display duration (reads on all display times (first display time and second display time) add up to the actual display time)}
communicating the first display timing data the advertising display time to content display time ratio to the server computer; and {see at least fig6, rc610, rc624, (83)/[11:62-12:5] ad insertion times and ad display durations are provided}
McCoy does not disclose, however, Fife discloses:
determining an advertising display time to content display time ratio based on the first display timing data; {see at least [0155] max advertisement intervals during a content presentation (reads on advertisement display time to content display time}
comparing the advertising display time to content display time ratio to a target ratio of advertising display time to content display time; {see at least [0155] max advertisement intervals during a content presentation (reads on target ratio)}
receiving, from the server computer, a second plurality of content elements and at least a second advertising element associated with a presentation order that is dynamically adjusted based on the comparing of the advertising display time to content display time ratio to the target ratio, to meet the target ratio, {see at least [0055] adjusting the advertising schedule (reads on dynamically adjusting). The claim element “to meet the target ratio” consists entirely of language disclosing at most a reason to have performed earlier method steps (intended use or field of use), but does not affect the functions in a manipulative sense (see MPEP 2103 I C) and imparts neither structure nor functionality to the claimed method (see MPEP 2111.05, MPEP 2114 and authorities cited therein), so it is considered but given no patentable weight. The reference is provided for the purpose of compact prosecution.}
displaying, on the output display of the device, the second plurality of content elements and the second advertising element. {see at least fig10, fig11, fig12, [0164]-[0188] displaying content with advertising elements}
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify McCoy to include the elements of Fife. One would have been motivated to do so, in order to ensure that the advertisements have the maximum possible on users. In the instant case, McCoy evidently discloses providing advertisements along with organic content in a content feed. Fife is merely relied upon to illustrate the functionality of a predetermined advertisements to content ratio, in the same or similar context. Since both providing advertisements along with organic content in a content feed, as well as a predetermined advertisements to content ratio are implemented through well-known computer technologies in the same or similar context, combining their features as outlined above using such well-known computer technologies (i.e., conventional software/hardware configurations), would be reasonable, according to one of ordinary skill in the art. Moreover, since the elements disclosed by McCoy, as well as Fife would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over McCoy / Fife.
McCoy, Fife does not disclose, however, Ruttenberg discloses:
wherein the second plurality of content elements comprises a continuous presentation group of associated content elements identified to prevent interruption by an advertising element, and {see at least [0013] block of sponsored advertisements ((based on the BRI (MPEP 2111), reads on continuous presentation group); [0051] sponsored advertainments are scheduled to play in a predetermined sequence (reads on preventing the group from being interrupted, because it has been paid for)}
wherein the dynamically adjusted presentation order positions the at least a second advertising element before or after the continuous presentation group without interrupting the display of content elements within the continuous presentation group. {see at least [0051] presentation sequence (reads on presentation order)}
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify McCoy, Fife to include the elements of Ruttenberg. One would have been motivated to do so, in order to fulfill contractual provisions. In the instant case, McCoy, Fife evidently discloses presenting media collections along with advertisement. Ruttenberg is merely relied upon to illustrate the functionality of a continuous presentation group of associated content in the same or similar context. Since both presenting media collections along with advertisement, as well as a continuous presentation group of associated content are implemented through well-known computer technologies in the same or similar context, combining their features as outlined above using such well-known computer technologies (i.e., conventional software/hardware configurations), would be reasonable, according to one of ordinary skill in the art. Moreover, since the elements disclosed by McCoy, Fife, as well as Ruttenberg would function in the same manner in combination as they do in their separate embodiments, it would be reasonable to conclude that their resulting combination would be predictable. Accordingly, the claimed subject matter is obvious over McCoy, Fife / Ruttenberg.
Regarding Claims 2, 9 – McCoy, Fife, Ruttenberg discloses the limitations of Claims 1, 8. McCoy further discloses:
wherein the first display timing data further comprises a number of content elements displayed and a number of advertising elements displayed. {see at least fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements}
Regarding Claims 3, 10 – McCoy, Fife, Ruttenberg discloses the limitations of Claims 2, 9. McCoy further discloses:
displaying, on the output display of the device, the second plurality of content elements and the second advertising element; {see at least fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements}
receiving, at an input of the device, one or more element skip inputs; and {see at least fig5, rc522, (68)-(77)/[10:16-11:24] skip step; fig7, rc1300, (95)-(97)/[13:33-610] skip step}
storing, in a memory of the device, second display timing data associated with a third display time of the plurality of content elements and a fourth display time of the second advertising element based, at least in part, on the one or more element skip inputs. {see at least fig5, rc124, (30)-(31)/[6:41-53] receives content related data, like video and video ads, including content and advertisement insertion points, from receiving module; (41)/[7:46-60] fig5, rc104 schedule module; fig8, rc710, rc712, (105)-(106)/914:39-51] display ad time is saved; fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements}
Regarding Claims 4, 11 – McCoy, Fife, Ruttenberg discloses the limitations of Claims 3, 10. McCoy further discloses:
communicating the second display timing data to the server computer; and {see at least fig6, rc610, rc624, (83)/[11:62-12:5] ad insertion times and ad display durations are provided; fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements }
receiving, from the server computer, a third plurality of content elements and at least a third advertising element associated with a fifth display time, {see at least fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements; fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements; fig9, rc616, (91)/[13:4-90] third content; fig10, rc1416, (139)/[18:20-26], (142)/[18:40-48] additional ads (reads on third advertisement}
wherein the fifth display order is based at least in part on the one or more element skip inputs. {see at least fig5, rc124, (30)-(31)/[6:41-53] receives content related data, like video and video ads, including content and advertisement insertion points, from receiving module; (41)/[7:46-60] fig5, rc104 schedule module; fig8, rc710, rc712, (105)-(106)/914:39-51] display ad time is saved; fig5, rc502-rc508, (61)-(62)/[9:44-54], (75)/[10:63-11:11]; (95)/[13:33-41]; receiving content and advertainments; displaying content and advertisements}
Regarding Claims 5, 12 – McCoy, Fife, Ruttenberg discloses the limitations of Claims 1, 8. McCoy further discloses:
wherein the first media collection is associated with a shared set of media collection characteristics. {see at least (16)/[3:44-67] video content stream (reads on shared characteristics of content elements)}
Regarding Claims 6, 13 – McCoy, Fife, Ruttenberg discloses the limitations of Claims 5, 12. McCoy further discloses:
wherein the shared set of media collection characteristics is part of a live story. {see at least (17)/[4:1-24] live stream 9reads on live story)}
Regarding Claims 7, 14 – McCoy, Fife, Ruttenberg discloses the limitations of Claims 1, 8. McCoy further discloses:
wherein each content element of the plurality of content elements is associated with an individual display time less than or equal to ten seconds. {see at least (76)/[11:12-18] elapsed content display time (based on the broadest reasonable interpretation requirement (see MPEP 2111) reads on content display times less than a certain value); McCoy does not explicitly disclose the ten seconds. However, this difference is only found in the nonfunctional descriptive material and does not affect how the claimed invention functions (i.e., the descriptive material does not have any claimed function in the claimed method). Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability.
Regarding Claim 26 – McCoy, Fife, Ruttenberg discloses the limitations of Claim 1. Ruttenberg further discloses:
wherein the continuous presentation group of associated content elements is automatically generated by the server computer by associating content elements depicting a same object or event. {see at least [0013] block of sponsored advertainments ((based on the BRI (MPEP 2111), reads on continuous presentation group); [0051] sponsored advertainments are scheduled to play in a predetermined sequence (reads on automatically generated by server)}
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify McCoy, Fife, Ruttenberg to include additional elements of Ruttenberg. One would have been motivated to do so, in order to fulfill contractual provisions. In the instant case, McCoy, Fife, Ruttenberg evidently discloses presenting media collections along with advertisement. Ruttenberg is merely relied upon to illustrate the additional functionality of a continuous presentation group of associated content in the same or similar context. Since the subject matter is merely a combination of old elements, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
Regarding Claim 27 – McCoy, Fife, Ruttenberg discloses the limitations of Claim 1. Ruttenberg further discloses:
receiving, from the server computer, a third plurality of content elements associated with an updated presentation order, {see at least [0051] presentation sequence (reads on presentation order)}
wherein the updated presentation order maintains the continuous presentation group without interruption by an advertising element as the position of the continuous presentation group shifts within the third plurality of content elements in response to addition of new content elements to the media collection. {see at least [0013] timed event (based on the BRI (MPEP 2111), reads on advertising element) after a block of sponsored advertainments ((based on the BRI (MPEP 2111), reads on continuous presentation group without interruption)}
It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify McCoy, Fife, Ruttenberg to include additional elements of Ruttenberg. One would have been motivated to do so, in order to fulfill contractual provisions. In the instant case, McCoy, Fife, Ruttenberg evidently discloses presenting media collections along with advertisement. Ruttenberg is merely relied upon to illustrate the additional functionality of a continuous presentation group of associated content in the same or similar context. Since the subject matter is merely a combination of old elements, and in the combination each element would have performed the same function it performed separately, one having ordinary skill in the art before the effective filing date would have recognized that the results of the combination were predictable.
The prior art made of record and not relied upon which, however, is considered pertinent to applicant's disclosure:
US 20170164022 A1 Grant; John ADDRESSABLE ADVERTISING INSERTION FOR PLAYOUT DELAY - A computer implemented method for inserting advertisement content into a program content stream includes receiving, by a headend content server, the program content stream. The program content stream includes an advertisement insertion cue. The method further includes detecting the advertisement insertion cue in the program content stream, and the advertisement insertion cue indicates an insertion point in the program content stream for inserting an advertisement. The method further includes modifying the advertisement insertion cue to indicate an expiration date and time for playout of a first advertisement content to be inserted into the program content stream, and inserting the first advertisement content into the program content stream.
US 20160134900 A1 WEI; Anni et al. STREAMING MEDIA PROCESSING METHOD, APPARATUS, AND SYSTEM - Embodiments of the present application disclose a streaming media processing method, comprising: acquiring, by a proxy server, control information and a first attribute file of requested streaming media according to a streaming media request of a terminal; modifying, by the proxy server, the first attribute file according to the control information to generate a second attribute file of new streaming media; and returning, by the proxy server, the second attribute file to the terminal, and controlling, according to the second attribute file, the terminal to play the new streaming media. The present application further discloses an apparatus and a system. The present application can provide an advertisement value-added service for an HTTP service operator, ensure that a user smoothly browses streaming media, and provide a user-friendly advertisement service for the user.
US 20150033023 A1 Xu; Xuejun et al. PREVENTING PLAYBACK OF STREAMING VIDEO IF ADS ARE REMOVED - A digitally signed manifest file includes metadata that specifies whether a policy regarding the digital signature should be enforced. The policy is then used to generate additional metadata associated with the program and ad content of the video stream. The metadata is tamper-resistant so that any modification or removal of the metadata will prevent the video stream from playing. If the metadata indicates that the policy should be enforced, the digital signature of the manifest is verified by the client, and an invalid or missing signature prevents the video stream from being played back. The metadata defines which media players are allowed and/or not allowed to play back a video stream, including media players that are configured to skip or remove ads, and/or includes an encryption key identifier for verifying the digital signature. The ad content is digitally signed to prevent modification or replacement of the ad content.
US 8875175 B1 McCoy; Charles et al. Smart live streaming event ads playback and resume method - A digital video viewing system including methods for user selection of video advertisement content and time of display of video advertisements during a live video content stream. The digital video viewing system includes modules for receiving, evaluating and transmitting data within the digital video viewing system and to Internet protocol content providers. Also shown are methods for recording and re-playing live internet protocol content in conjunction with the video advertisement display methods.
US 20140195358 A1 Beining; Jeffrey Martin et al. Managing Media Playback - Technology for managing playback of streaming media and ads associated therewith, is disclosed. Receiving a list indicating the location of ad pods in the stream and, optionally, indicating a list update time. Receiving instruction to play the stream forward from a seek point. Determining unplayed stream ads associated with locations from the list between the start and the seek point. Playing at least one determined ad. Optionally, playing at least one determined ad only upon determining that the list update time is greater than or equal to the seek point, otherwise, denying the seek point. Optionally after playing at least one determined ad, playing the stream from the seek point after playing the at least one determined ads. The list can be a list of cue points. Playing at least one determined ad can include playing the ad pod at the start of the stream section containing the seek point.
US 20140115625 A1 McCOY; Charles et al. METHOD AND SYSTEM FOR INSERTING AN ADVERTISEMENT IN A MEDIA STREAM - Certain aspects of a system and method for inserting an advertisement in a media stream may include a content access server. The content access server may receive the media stream from one or more content providers. The media stream may comprise one or more pre-determined positions for inserting the advertisement. The content access server may insert the advertisement in the media stream at one of the one or more pre-determined positions. The advertisement is selected from one or more advertisements in real-time based on a first metadata associated with the media stream, a location of the one or more pre-determined positions in the media stream, and one or more parameters associated with a user.
US 20100153988 A1 Takai; Hidenori et al. Unknown - A VOD server refers to advertisement delivery information, and inserts a stream of advertising content in a stream of video content of a main part, based on advertisement inserting position information indicating an inserting position of the advertising content to be inserted into the video content of the main part, for delivery to a client terminal. When making this delivery, at least time information, such as time management information of reproduced output or decoding, to be added to the stream of the video content of the main part and the stream of the advertising content to be delivered to the client terminal, is replaced by time information in accordance with an order of the streams to be delivered to the client terminal.
US 20090217316 A1 Gupta; Binita Systems and Methods for Advertising Insertion Notification in a Real-Time Streaming Media Service - Aspects provide for an advertising insertion notification in real-time streaming media services, which provides for advertisement insertion at the wireless device level. The advertising insertion notification is generated at the broadcaster level and transmitted to the wireless devices in the real-time stream prior to the occurrence of an advertisement slot. The advertising insertion notification notifies the wireless device of the start time and duration of an advertisement insertion slot. In some aspects, the advertising insertion notification may indicate the source of the advertisements, such as from local wireless device storage, a dedicated advertisement channel or the like. Additionally, in some other aspects, the advertising insertion notification may include advertisement selection criteria that may be used to determine which advertisement should be inserted in the associated advertisement insertion slot.
Response to Amendments/Arguments
Applicant’s submitted remarks and arguments have been fully considered.
Applicant is of the opinion that the prior art fails to teach Applicant’s invention.
Examiner respectfully disagrees.
With respect to Applicant’s Remarks as to the claims being rejected under 35 USC § 103.
Applicant submits remarks and arguments geared toward the amendments. Examiner has carefully reviewed and considered Applicant’s remarks; however, they ARE MOOT in light of the fact that they are geared towards the amendments. Nevertheless, Ruttenberg discloses:
wherein the second plurality of content elements comprises a continuous presentation group of associated content elements identified to prevent interruption by an advertising element, and {see at least [0013] block of sponsored advertisements ((based on the BRI (MPEP 2111), reads on continuous presentation group); [0051] sponsored advertainments are scheduled to play in a predetermined sequence (reads on preventing the group from being interrupted, because it has been paid for)}
wherein the dynamically adjusted presentation order positions the at least a second advertising element before or after the continuous presentation group without interrupting the display of content elements within the continuous presentation group. {see at least [0051] presentation sequence (reads on presentation order)}
wherein the continuous presentation group of associated content elements is automatically generated by the server computer by associating content elements depicting a same object or event. {see at least [0013] block of sponsored advertainments ((based on the BRI (MPEP 2111), reads on continuous presentation group); [0051] sponsored advertainments are scheduled to play in a predetermined sequence (reads on automatically generated by server)}
receiving, from the server computer, a third plurality of content elements associated with an updated presentation order, {see at least [0051] presentation sequence (reads on presentation order)}
wherein the updated presentation order maintains the continuous presentation group without interruption by an advertising element as the position of the continuous presentation group shifts within the third plurality of content elements in response to addition of new content elements to the media collection. {see at least [0013] timed event (based on the BRI (MPEP 2111), reads on advertising element) after a block of sponsored advertainments ((based on the BRI (MPEP 2111), reads on continuous presentation group without interruption)}
Therefore, Ruttenberg discloses the amended claim limitations.
Thus, the rejection is proper and has been maintained.
The other arguments presented by Applicant continually point back to the above arguments as being the basis for the arguments against the other 103 rejections, as the other arguments are presented only because those claims depend from the independent claims, and the main argument above is presented against the independent claims. Therefore, it is believed that all arguments put forth have been addressed by the points above.
Examiner has reviewed and considered all of Applicant’s remarks. The changes of the grounds for rejection, if any, have been necessitated by Applicant’s extensive amendments to the claims. Therefore, the rejection is maintained, necessitated by the extensive amendments.
Conclusion
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 extension fee 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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/Radu Andrei/
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