DETAILED ACTION
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 .
Response to Arguments
Applicant’s arguments with respect to claims 7-15 and 21-38 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 7-15 and 21-38 are rejected under 35 U.S.C. 103 as being unpatentable over Doshi (U.S. Patent Application Publication 2020/0107071) in view of Grubbs et al. (U.S. Patent Application Publication 2024/0114182).
Referring to claim 7, Doshi discloses determining, based on a manifest file, timing data associated with one or more content insertion opportunities (see Paragraph 0029, Paragraph 0056 and step 410 in Figure 4).
Doshi also discloses causing, based on the timing data, activation of one or more audio devices (see Paragraph 0057 and step 420 in Figure 4).
Doshi also discloses receiving audio data detected by the one or more audio devices (see Paragraph 0058 and step 430 in Figure 4).
Doshi also discloses determining, in the audio data, one or more audio fingerprints identifying the audio data (see step 440 and Paragraph 0059).
Doshi fails to teach confirming, based on the one or more audio fingerprints, that the one or more content insertion opportunities have been fulfilled.
Grubbs teaches confirming, based on the one or more audio fingerprints, that the one or more content insertion opportunities have been fulfilled (see Paragraphs 0017-0019).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify audio fingerprint determination process, as taught by Doshi, using the content insertion verification functionality, as taught by Grubbs, for the purpose of increasing the efficiency and processing speed of the identification and/or verification processes (see the bottom of Paragraph 0018 of Grubbs).
Referring to claim 8, Doshi discloses that the one or more content insertion opportunities as associated with one or more advertisement schedules (see Paragraph 0015).
Referring to claim 9, Doshi discloses that the timing data indicates one or more of a start time or an end time of the one or more content insertion opportunities (see Paragraph 0029).
Referring to claim 10, Doshi discloses receiving a second manifest file (see Paragraph 0045 for the advertisement server 204 storing multiple manifests used to deliver multiple advertising content opportunities to multiple users).
Doshi also discloses determining, based on the second manifest file, secondary content associated with a current time (see Paragraph 0045 for the multiple manifests containing indications of when advertising content is displayed, therefore Doshi teaches that multiple manifest files that identify multiple advertising content, which are displayed at a current time designated by the manifest files).
Doshi also discloses sending a signal configured to cause the one or more audio devices to remain active for a period of time (see Paragraph 0057 for sending a signal to continue activation of the microphone and switching from a first mode to a second mode (passive listening to active listening)).
Referring to claim 11, Doshi discloses receiving a second manifest file (see the rejection of claim 10) and based on receiving the second manifest file, sending a signal configured to deactivate the one or more audio devices (see the bottom of Paragraph 0060).
Referring to claim 12, Doshi discloses determining, based on one or more identifiers associated with the manifest file, the one or more audio devices (see Paragraph 0030 for activating, based on the timing information in the manifest file, the data capture component by the second content device 108), wherein the one or more identifiers identify one or more of: a premises device, a gateway device, a set-top-box, or the one or more audio devices (see Paragraph 0047), wherein the one or more audio devices comprise one or more microphones and wherein causing the one or more audio devices to activate comprises causing the one or more microphones to turn on (see Paragraph 0057).
Referring to claim 13, Doshi discloses sending, based on the one or more content insertion opportunities, secondary content (see Paragraphs 0023-0024 and Paragraph 0045).
Referring to claim 14, Doshi discloses generating, based on the manifest file, one or more audio fingerprints; and sending the one or more audio fingerprints (see the bottom of Paragraph 0057 for capturing only a condensed version of the program audio when a keyword is detecting, therefore teaching an audio fingerprint).
Referring to claim 15, Doshi discloses causing, based on the one or more content insertion opportunities, output of secondary content (see Paragraph 0015 for outputting multiple advertisements according to the content insertion opportunities defined in the manifest discussed in the rejection of claim 1).
Doshi also discloses receiving, from the one or more audio devices, an indication that the secondary content was output (see Paragraph 0035-0036 for recording metrics indication that the advertisement was viewed/listened to).
Referring to claims 21-29, see the rejection of claims 7-15, respectively.
Referring to claims 30-38, see the rejection of claims 7-15, respectively.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON P SALCE whose telephone number is (571)272-7301. The examiner can normally be reached 5:30am-10:00pm M-F (Flex Schedule).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at 571-272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jason Salce/Senior Examiner, Art Unit 2421
Jason P Salce
Senior Examiner
Art Unit 2421
July 29, 2026
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