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 .
DETAILED ACTION
Claims 1, 3-9, 11-17, 19, 20 have been examined.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot in view of the new ground(s) of rejection. On 11/21/25, Applicant amended the independent claims. Applicant’s remarks address these features. See the new 103 citations and explanation and motivation that address these new features.
Also, the 101 is no longer found to apply. The 5/28/25 claim amendments and remarks were found to pass 101. The specific actions upon bootup/startup/turning on of the client device with specific time and expiration checking and replacing functions in combination with the other features was found to pass 101.
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.
Claims 1, 3-9, 11-17, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gildred (20080114861) in view of Menon (20150026719) in view of Arsenault (7877290).
Claims 1, 9, 17. Examiner notes that based on Applicant Spec at Fig. 3, 6, [89, 134] the display device is of the end user who is shown the ad. Also, based on Applicant Spec at Figs. 3, 6, 8, and their description, ad campaign information/parameters/terms (like id and valid dates/time period) are pushed to the end user display device. Based on Applicant Spec at ”[4]… a method of displaying a stored advertising campaign in the advertisement area” and [130, 131, 147, 155], the end user is shown an ad campaign content or selects an ad campaign content. So, ad campaign can be interpreted as the user seeing content of the ad campaign. Based on Applicant Spec at [154] and Fig. 6, the end user device displays ads based on the campaign information stored at the end user device. Also, based on Applicant Spec at [86, 10, 11] the condition can be interpreted as valid date or not expired.
Gildred discloses an electronic device for providing an advertising campaign to a plurality of display devices, comprising:
a communication unit; and a memory to store information on valid terms for each of a plurality of advertising campaigns (see advertising and criteria which reads on valid terms at [68] and also timer of insert point at [71] and claim 6; see memory at [55]); and a processor configured to (Fig. 3):
receive, from a display device among the plurality of display devices through the communication unit, a request for information (Figs. 3, 4; also ads are stored on the display device: “[0069] Advertising data are pre-fetched and stored on the player based upon a set of criteria matching rules.” And information is received with condition for showing the ad: “[69]…The episode content may have metadata regarding information on which ads should be shown. The client's device may decide ads using ads metadata…. At the playback of the episode content, the ads are chosen and inserted according to the metadata”, also Gildred further shows information/criteria for which of the pre-fetched ads to show at [68], also see “[305]…The ad inventory is downloaded and cached on player with matching content meta data. Expired ads may be replaced with new ads.” so the ads are pre-fetched or stored on the display device and information/metadata/criteria is received with the conditions/criteria for which ads to actually display; also, note the communication between the processor and the user display device in Figs. 3, 4; also note that the processor receives information on whether the ad campaign is expired or not and then transmits new/updated ad campaign info if the display device ad campaign is expired: see server and downloading ad content and doing this based on need of an ad refresh based on the metadata of of ads [66, 67], “[67]… the new ads may be updated for viewing while the old ads may be discarded” and also “[73]… The ads stored in the user/client's device may be refreshed or deleted depending on certain criteria.” Note here in [73] that it is pre-fetched or previously downloads ads that are determined to be expired so cannot be shown so are replaced; also for plurality of display devices see devices in the plural at [5]).
Gildred further discloses the request for information including identification information of an advertising information/metadata stored in the display device and time information (see Fig. 7 date and time check for each ad and metadata which reads on identification information and replace based on date and time; see ad is stored on the display device at [4]). Gildred does not explicitly disclose and time information of a region in which the display device is located. However, Gildred discloses criteria for targeting ([68]) including time (see time and expire citations preceding, Fig. 7). And, Arsenault discloses downloading ad content to a local display device (Abstract) and ad criteria as local time zone, 9:33-45. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Arsenault’s local time zone criteria to Gildred’s time criteria and critieria. One would have been motivated to do this in order to better show ads at an good time (as seen in Gildred and Arsenault, 1:55-2:5 where time zone customization allows more sophisticated ads).
Gildred does not explicitly disclose including identification information of an advertising campaign stored in the display device. However, Menon discloses identification information of an advertising campaign stored in the display device (see advertisement campaign at Table 3a [143]; Fig. 12; also any and all campaigns at [154]; and campaign info at [170, 171]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Menon’s further ad information like campaign information to Gildred’s ad metadata information. One would have been motivated to do this in order to better use ad related information and better present relevant ads.
Gildred does not explicitly disclose the request being triqqered in association with turning-on of the display device. However, Gildred discloses a variety devices that use power [73] and also checking often for ad replacement criteria (Fig. 7, [72]). And, Menon discloses a request for ads/content being triqqered in association with turning-on of the display device (see device info and startup or booting up and see requests and see placement opportunity and advertisement at then the client device receiving an ad sequence and ad images from the server at [62, 164]; note in Fig. 1 that the initialization module 116 and personalized ad rendering module PAD 112 is located at client device 102 and presents targeted ads to the users [45] and communicates with server 104 [46]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Menon’s turning the device on to Gildred’s checking often if the ad should be replaced so that Gildred can checking when turning the device on. One would have been motivated to do this in order to better replace ads as stated by criteria. Also, Examiner notes that it is the combination of prior art that renders obvious these features.
Gildred further discloses identify a respective valid term of the advertising campaign among the valid terms of the plurality of advertising campaigns based on the identification information of the advertising campaign (Figs. 7, 19; see Fig. 7 date and time check and replace; also see citations above for expired and replace and time; note day part target and other target criteria at Fig. 19; see [69] where ads are pre-fetched and stored on the player and old or expired ads are discarded and new ones are downloaded, so expired ads are prevented from being shown as further described at [72], and [72] is considered to function on the pre-fetched ads of [69] as [69] also describes discarding “expired ads” and [72] gives further details for that; this is also shown at “[305]… The ad inventory is downloaded and cached on player with matching content meta data. Expired ads may be replaced with new ads.”),
Gildred does not explicitly disclose received in association with the turning-on of the display device. However, Gildred discloses power management [63] and automatic login when the invention is started [74] and a variety devices that use power [73] and also checking often for ad replacement criteria (Fig. 7, [72]). And, Menon discloses disclose upon turning-on of the display device request information (see device info and startup or booting up [[62, 164]]. Menon also discloses that campaigns are completed [179] and changing asset status of a campaign from inactive to active or active to inactive based on valid dates/times [235]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Menon’s turning the device on and checking campaign valid dates to Gildred’s checking often if the ad should be replaced. One would have been motivated to do this in order to better replace ads as stated by criteria.
Gildred further discloses identify whether a preset event involving displaying of the advertising campaign and identify whether a difference in time is calculated between the respective valid term of the advertising campaign identified and a time point identified by the time information (Figs. 7, 19; see Fig. 7 date and time check and replace; also see citations above for expired and replace and time; note day part target and other target criteria at Fig. 19; see [69] where ads are pre-fetched and stored on the player and old or expired ads are discarded and new ones are downloaded, so expired ads are prevented from being shown as further described at [72], and [72] is considered to function on the pre-fetched ads of [69] as [69] also describes discarding “expired ads” and [72] gives further details for that; this is also shown at “[305]… The ad inventory is downloaded and cached on player with matching content meta data. Expired ads may be replaced with new ads.”).
Gildred does not explicitly disclose whereby a difference in time is calculated between the respective valid term of the advertising campaign identified in association with the turning-on of the display device and a time point identified by the time information of the region in which the display device is located. However, Menon discloses whereby a difference in time is calculated between the respective valid term of the advertising campaign identified upon the turning-on of the display device and a time point identified by the time information (Menon discloses disclose upon turning-on of the display device request information, see device info and startup or booting up [62, 164]. Menon also discloses that campaigns are completed [179] and changing asset status of a campaign from inactive to active or active to inactive based on valid dates/times [235]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Menon’s turning the device on and checking campaign valid dates to Gildred’s checking often if the ad should be replaced. One would have been motivated to do this in order to better replace ads as stated by criteria.
Also, as shown above, Arsenault discloses of the region in which the display device is located. And, the motivation is the same as provided above for the region features. Alternatively, Menon discloses of the region in which the display device is located (see location at [63]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add location features to Gildred’s criteria. One would have been motivated to do this in order to better present ads.
Gildred further discloses transmit based on the preset event being identified as having occurred, information about a new advertising campaign to the display device through the communication unit so that an updated advertising campaign is transmitted to the display device (Fig. 7 and [72]; “[73]… The ads stored in the user/client's device may be refreshed or deleted depending on certain criteria.”; Note here that it is pre-fetched or previously downloads ads that are determined to be expired so cannot be shown so are replaced: “[305]… The ad inventory is downloaded and cached on player with matching content meta data. Expired ads may be replaced with new ads.”; “[10]…Ads could be kept "fresh" by discarding outdated ads and downloading the new ads.“; “[68]…The ad insertion type uses a list of time-stamped insertion points and the ad tags type uses criteria such as target gender, target age group, and/or mandatory ads, etc. In the ad based type, the ad tag is used as an activation, for expiration, day part, target gender, target age group, target networks, and/or target shows, etc.”; “[69]… The client's device may decide ads using ads metadata. The user/client watches the episode with the latest ads when refresh ads use metadata of ads. The episode content and ads content may be downloaded separately or together at the user's chosen time or automatically. At the playback of the episode content, the ads are chosen and inserted according to the metadata of the episode content on the device. The ads are inserted at a designated time while the episode content is playing. Ads are being refreshed using the metadata of ads while old or expired ads may be discarded.”; “[73]…The ads content may be inserted automatically or at a designated time during a playback of episode content. The type of ads inserted is determined based on certain criteria of the episode content. The ads stored in the user/client's device may be refreshed or deleted depending on certain criteria.”; “[0260] Ad case: [0261] Ad tags: activation, expiration, day part, target gender, target age group, target networks, target shows, etc.”; “[262]… As mentioned above, ad tags may be time-stamped (e.g., day part), target gender, target age group, target network, etc.”).
Gildred further discloses wherein the new advertising campaign that is transmitted has a new valid term that expires subsequent to time point identified ([72] and Fig. 7 where ads that have an expired date/time are replaced with new ads have a new and valid expiration date/time, hence the new ads have an expire date/time that is different that the first/now replaced ads). Gildred does not explicitly disclose by the time information of the region in which the display device is located. However, as shown above, Arsenault discloses the time and region features. And, the motivation is the same as already provided.
Hence, Gildred discloses the invention is geared towards storing in advanced or pre-fetching ads [69, 262] or caching ads so they are ready for playback [70, 305]. Gildred further discloses that these pre-fetched/cached ads can be replaced/updated/refreshed when they become old/expired (see refresh/replace/ and old/expired at [69, 305]).
Gil does not explicitly disclose and prior to a new preset event involving the displaying of the new advertising campaign having occurred. However, Gil discloses live broadcast events [10] and Ad tags for ad placement with ad expiration and day part and target shows [68, 260]. Examiner notes that day part is interpreted as segment of a broadcasting day like morning or afternoon or primetime. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Gil’s ads with expiration dates and ads with day part time periods such that ads have valid terms before certain events. In this day part example, an ad is valid during the afternoon and before evening . One would have been motivated to do this in order to better present ads at appropriate times. Alternatively, Gildred discloses refreshing ads before particular event like a particular episode [67-69]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Gil’s ads with expiration dates and ads that have valid periods before particular events like a new episode such that ads have valid terms before certain events. In this episode example, an ad is valid during until the new episode occurs since the ad must be refreshed once the new episode begins occurring. One would have been motivated to do this in order to better present ads at appropriate times.
Claims 3, 11, 19. Gildred further discloses the electronic device of claim 1, wherein the preset event includes an event that the respective valid term of the advertising campaign which is provided to the display device has expired, and the processor is configured to: based on the respective valid term of the advertising campaign received from the display device, identify whether the respective valid term of the advertising campaign has expired, and based on the respective valid term of the advertising campaign being identified as expired, transmit the information about the new advertising campaign to the display device through the communication unit (see Fig. 7 date and time check and replace; also see citations above for expired and replace and time). Gildred does not explicitly disclose and time information of a region in which the display device is located. However, Gildred discloses criteria for targeting ([68]) including time (see time and expire citations above). And, Arsenault discloses downloading ad content to a local display device (Abstract) and ad criteria as local time zone, 9:33-45. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Arsenault’s local time zone criteria to Gildred’s time criteria and criteria. One would have been motivated to do this in order to better show ads at an good time (as seen in Gildred and Aresenault, 1:55-2:5 where time zone customization allows more sophisticated ads).
Claims 4, 12, 20. Gildred further discloses the electronic device of claim 1, wherein the preset event comprises an event that a time point before a preset time from a time point when the respective valid term of the advertising campaign provided to the display device expires arrives, and the processor is configured to: based on the respective valid term of the advertising campaign received from the display device, identify whether the time point arrived, and based on the time point being identified as having arrived, transmit the information about the new advertising campaign to the display device through the communication unit (see Fig. 7 date and time check and replace; also see citations above for expired and replace and time). Gildred does not explicitly disclose and time information of a region in which the display device is located. However, Gildred discloses criteria for targeting ([68]) including time (see time and expire citations above). And, Arsenault discloses downloading ad content to a local display device (Abstract) and ad criteria as local time zone, 9:33-45. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Arsenault’s local time zone criteria to Gildred’s time criteria and critieria. One would have been motivated to do this in order to better show ads at an good time (as seen in Gildred and Aresenault, 1:55-2:5 where time zone customization allows more sophisticated ads).
Claims 5, 13. Gildred does not explicitly disclose the electronic device of claim 1, wherein the preset event comprises an event that the advertising campaign is displayed on the display device, and the processor is configured to: based on receiving information indicating that the advertising campaign was displayed from the display device, identify that the event that the advertising campaign is displayed on the display device occurred, and transmit the information about the new advertising campaign to the display device through the communication unit. However, Gildred discloses refreshing ads [69, 73]. And, Menon discloses that campaigns are completed [179] and changing asset status of a campaign from inactive to active [235] which is interpreted as a new campaign. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Menon’ completing campaigns and new campaigns to Gildred’s replacing ads so they are fresh. One would have been motivated to do this in order to better keep ads fresh to the viewer.
Claims 6, 14. Gildred further discloses the electronic device of claim 1, wherein the new advertising campaign has a valid term that expires on a different time point from the advertising campaign provided to the display device (each ad/ad campaign has its own expiration date and metadata: “[0260] Ad case: [0261] Ad tags: activation, expiration, day part, target gender, target age group, target networks, target shows, etc.”; “[262]… As mentioned above, ad tags may be time-stamped (e.g., day part), target gender, target age group, target network, etc.”).
Claims 7, 15. Gildred further discloses the electronic device of claim 1, wherein the processor is configured to: identify whether a new advertising campaign set to be provided during a preset period exists among the plurality of advertising campaigns, and to the preset period based on the time information received from the display device, transmit the information about the new advertising campaign set to be provided during the preset period to the display device through the communication unit (ads are scheduled to be viewed at certain times: “[0260] Ad case: [0261] Ad tags: activation, expiration, day part, target gender, target age group, target networks, target shows, etc.”; “[262]… As mentioned above, ad tags may be time-stamped (e.g., day part), target gender, target age group, target network, etc.”).
Gildred does not explicitly disclose and time information of a region in which the display device is located. However, Gildred discloses criteria for targeting ([68]) including time (see time and expire citations above). And, Arsenault discloses downloading ad content to a local display device (Abstract) and ad criteria as local time zone, 9:33-45. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Arsenault’s local time zone criteria to Gildred’s time criteria and critieria. One would have been motivated to do this in order to better show ads at an good time (as seen in Gildred and Aresenault, 1:55-2:5 where time zone customization allows more sophisticated ads).
Claims 8, 16. Gildred further discloses the electronic device of claim 1, wherein the processor is configured to: based on receiving request information from the display device through the communication unit according to turning-on of the display device, identify whether the preset event involving the display of the advertising campaign on the display device occurred based on the received request information (see Fig. 7 date and time check and replace; also see citations above for expired and replace and time; and see citations above and motivation above for turning on).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Goodman [0034], White disclose replacing expired ads on the TV box.
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 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 date of this final action.
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/ARTHUR DURAN/Primary Examiner, Art Unit 3621 12/3/25