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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/27/2026 has been entered.
Response to Arguments
Applicant's arguments and amendments filed 10/14/2025 have been fully considered but they are not persuasive.
Applicant has amended the claims to recite “determining, in the audio data, identifying audio data”. The Examiner notes the amendment is broad and does not specifically state what type of identifying data is detected. The Doshi reference previously used to reject the claims reads on the amendment in step 440 in Figure 4 and Paragraph 0059, which teaches that based on the received audio data a detected keyword or a first noise level is determined, which also reads on identifying audio data.
Applicant has narrowed the independent claims and has therefore altered the scope of the claims. The Examiner further notes that amending the independent claims to recite "on or more audio fingerprints identifying the audio data" does not overcome the art of record. As stated in the Final Office Action entered 10/27/2025, Doshi teaches at the bottom of Paragraph 0057 that only a condensed version of the program audio is captured when a keyword is detected. An acoustic fingerprint is a condensed digital summary generated from an audio signal that is used to identity an audio sample or quickly locate similar items in a music database (see ISO IEC TR 21000-11 published in 2004). Therefore, Doshi teaches an audio fingerprint as amended.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 7-15 and 21-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doshi (U.S. Patent Application Publication 2020/0107071).
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).
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
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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/Jason Salce/Senior Examiner, Art Unit 2421
Jason P Salce
Senior Examiner
Art Unit 2421
February 18, 2026