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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
Applicant’s arguments, see pages 8-9, filed 09/18/25, with respect to the rejection(s) under Bathiche have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Filev et al. (Filev) (US 9,219,790) (of record).
Filev specifically discloses (as seen in Fig. 1, 6-7) a remote server system (120) receiving both metering data from a stb/TV (102) (column 4, line 35-52, column 13, line 20-28) and usage information from a portable device (106) (column 13, line 45-column 14, line 5) and wherein the server system will then identify the viewer and determine engagement levels based upon the received data (Fig. 6-7, column 13, line 12-column 14, line 62).
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 2-3, 5, 7-9, 12, 15, 17-20, 24, 26-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Filev et al. (Filev) (US 9,219,790) (of record).
As to claim 2, Filev discloses an audience measurement computing system (server system, 120; Fig. 1, 3; column 6, line 54-60) comprising:
a processor (302; Fig. 3, column 10, line 39-44);
a memory (306; Fig. 3, column 10, line 45-58) storing instructions that, when executed by the processor, cause the audience measurement computing system to perform operations comprising:
obtaining, over a network and from a base metering device located at a media exposure environment remote from the audience measurement computing system (from 102 over network 110; column 7, line 62-67, column 13, line 20-28) and configured to monitor media presented on a media presentation device located at the media exposure environment (stb/Internet TV reporting media played on display screen; column 4, line 5-7, column 13, line 20-33), media identifying data associated with media presented on the media presentation device (current channel and time; column 4, line 5-7, column 13, line 20-28);
obtaining engagement information generated based on usage data of a portable device by a person present in the media exposure environment of the media presentation device, wherein the engagement information indicates that one or more applications on the portable device were used by the person at a corresponding time when the media was presented on the media presentation device (usage information of a mobile device during the program; Fig. 4, column 5, line 6-30, column 11, line 64-column 12, line 40);
obtaining primary presence data from a people meter device in the media exposure environment (information about user account logged into the first device; column 4, line 37-52, column 5, lines 2-5);
identifying the person based on the primary presence data and the usage data of the portable device by the person (wherein the person in vicinity of the television is identified based upon account logins on both devices; column 5, line 2-5);
analyzing the engagement information to determine a level of engagement of the person with the media (column 8, line 18-52, column 14, line 35-62).
As to claim 3, Filev discloses wherein the operations further comprise:
associating the level of engagement of the person with media measurement data including the media identifying data (column 14, line 35-column 15, line 3); and
sending the media measurement data and the level of engagement to a data collection facility (column 15, line 4-23).
As to claim 5, Filev discloses wherein the operations further comprise:
detecting a presence of the person in the media exposure environment based on an input from the person (user logging into display device/stb; column 4, line 35-52).
As to claim 7, Filev discloses wherein the operations further comprise:
comparing first subject matter corresponding to the usage data of the portable device by the person to second subject matter corresponding to the media to determine the level of engagement of the person (topic of user actions on the portable device compared to the displayed media; column 5, line 13-24, column 14, line 49-62).
As to claim 8, Filev discloses wherein the operations further comprise:
determining the person is present in the media exposure environment based on a detection of a presence of the person in the media exposure environment (see Filev at column 4, line 35-column 5, line 5 and column 13, line 29-44); and
determining the person is not engaged with the media based on the first subject matter being unrelated to the second subject matter (see Filev at column 5, line 13-24, column 14, line 49-62).
As to claim 9, Filev discloses wherein the operations further comprise:
determining the level of engagement based on activity information corresponding to an amount of activity of the person during a presentation of the media (column 5, line 27-30).
As to claim 12, Filev discloses a method (Fig. 1, 3; column 6, line 54-60) comprising:
obtaining, over a network and from a base metering device located at a media exposure environment remote from the audience measurement computing system (from 102 over network 110; column 7, line 62-67, column 13, line 20-28) and configured to monitor media presented on a media presentation device located at the media exposure environment (stb/Internet TV reporting media played on display screen; column 4, line 5-7, column 13, line 20-33), media identifying data associated with media presented on the media presentation device (current channel and time; column 4, line 5-7, column 13, line 20-28);
obtaining engagement information generated based on usage data of a portable device by a person present in the media exposure environment of the media presentation device, wherein the engagement information indicates that one or more applications on the portable device were used by the person at a corresponding time when the media was presented on the media presentation device (usage information of a mobile device during the program; Fig. 4, column 5, line 6-30, column 11, line 64-column 12, line 40);
obtaining primary presence data from a people meter device in the media exposure environment (information about user account logged into the first device; column 4, line 37-52, column 5, lines 2-5);
identifying the person based on the primary presence data and the usage data of the portable device by the person (wherein the person in vicinity of the television is identified based upon account logins on both devices; column 5, line 2-5);
analyzing the engagement information to determine a level of engagement of the person with the media (column 8, line 18-52, column 14, line 35-62).
As to claim 15, Filev discloses comparing first subject matter corresponding to the network usage of the portable device by the person to second subject matter corresponding to the media (topic of user actions on the portable device compared to the displayed media; see Filev at column 5, line 13-24, column 14, line 49-62); and
determining the level of engagement of the person (see Filev at column 5, line 13-24, column 14, line 49-62).
As to claim 17, Filev discloses wherein the engagement information includes activity information associated with the person, the activity information indicative of movement of the person detected via a motion sensor coupled to the portable device (column 5, line 27-30).
As to claim 18, Filev discloses a non-transitory machine readable storage medium comprising instructions that, when executed by a processor, cause the performance of operations (within server, 120; 1, Fig. 3, column 10, line 39-58) comprising:
obtaining, over a network and from a base metering device located at a media exposure environment remote from the audience measurement computing system (from 102 over network 110; column 7, line 62-67, column 13, line 20-28) and configured to monitor media presented on a media presentation device located at the media exposure environment (stb/Internet TV reporting media played on display screen; column 4, line 5-7, column 13, line 20-33), media identifying data associated with media presented on the media presentation device (current channel and time; column 4, line 5-7, column 13, line 20-28);
obtaining engagement information generated based on usage data of a portable device by a person present in the media exposure environment of the media presentation device, wherein the engagement information indicates that one or more applications on the portable device were used by the person at a corresponding time when the media was presented on the media presentation device (usage information of a mobile device during the program; Fig. 4, column 5, line 6-30, column 11, line 64-column 12, line 40);
obtaining primary presence data from a people meter device in the media exposure environment (information about user account logged into the first device; column 4, line 37-52, column 5, lines 2-5);
identifying the person based on the primary presence data and the usage data of the portable device by the person (wherein the person in vicinity of the television is identified based upon account logins on both devices; column 5, line 2-5);
analyzing the engagement information to determine a level of engagement of the person with the media (column 8, line 18-52, column 14, line 35-62).
As to claim 19, Filev discloses wherein the operations further comprise:
determining an amount of activity of the person based on movement detected from a sensor of the portable device, the level of engagement based on the amount of activity of the person (column 5, line 27-30).
As to claim 20, Filev discloses wherein the operations further comprise:
associating the level of engagement of the person with media measurement data including the media identifying data (column 14, line 35-column 15, line 3); and
causing transmission of the level of engagement and the media measurement data to a data collection facility (column 15, line 4-23).
As to claim 24, Filev discloses wherein the primary presence data is generated based on determining whether the person present in the media exposure environment at the corresponding time when the media was presented on the media presentation device was logged onto the people meter device (column 4, lines 37-43, column 5, line 2-5).
As to claim 26, Filev discloses wherein the primary presence data is generated based on determining whether the person present in the media exposure environment at the corresponding time when the media was presented on the media presentation device was logged onto the people meter device (column 4, lines 37-43, column 5, line 2-5).
As to claim 27, Filev discloses wherein the primary presence data is generated based on determining whether the person present in the media exposure environment at the corresponding time when the media was presented on the media presentation device was logged onto the people meter device (column 4, lines 37-43, column 5, line 2-5).
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Filev in view of Lee et al. (Lee) (US 2007/0266395) (of record).
As to claim 10, while Filev discloses determining the level of engagement corresponds to a first level of engagement based on the activity information indicating movement of the person during a period of time (tracking user movement, fidgeting), they fail to specifically disclose
determining the level of engagement corresponds to a second level of engagement based on the activity information indicating no movement of the person during the period of time, the second level of engagement lower than the first level of engagement.
In an analogous art, Lee discloses a system for determining user engagement with media content (paragraph 7-8, 36-37, 137) by determining a level of engagement corresponds to a first level of engagement based on activity information indicating movement of the person during a period of time (where motion may indicate participation with the media content; paragraph 86) and determining the level of engagement corresponds to a second level of engagement based on the activity information indicating no movement of the person during the period of time, the second level of engagement lower than the first level of engagement (determining the user is not paying attention to the media and asleep when no movement is detected; paragraph 86) so as to more accurately assess the consumption of the media content (paragraph 36) by utilizing motion information to determine whether the viewer is paying attention to the media (paragraph 86).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Filev’s system to include determining the level of engagement corresponds to a second level of engagement based on the activity information indicating no movement of the person during the period of time, the second level of engagement lower than the first level of engagement, as taught in combination with Lee, for the typical benefit of more accurately assessing the consumption of the media content by utilizing motion information to determine whether the viewer is paying attention.
Claims 4, 13, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Filev in view of Bathiche et al. (Bathiche) (US 2012/0324491) (of record).
As to claim 4, while Filev discloses detecting a presence of the person in the media exposure environment based on user input, they fail to specifically disclose detecting a presence of the person in the media exposure environment based on image data collected by a camera separate from the base metering device.
In an analogous art, Bathiche discloses a method for monitoring viewer presence and engagement with a media program (Fig. 2A; paragraph 21-24) which will detect a presence of a person in the media exposure environment based on image data collected by a camera separate from a base metering device (sensor system including image sensor to identify viewer; paragraph 13, 22-23) so as to automatically identify the viewer without the need for user action or input (paragraph 13, 22-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Filev’s system to include detecting a presence of the person in the media exposure environment based on image data collected by a camera separate from the base metering device, as taught in combination with Bathiche, for the typical benefit of providing a more convenient system which may automatically detect and identify the viewer without the need for user action or input (paragraph 13, 22-23).
As to claim 13, while Filev discloses detecting a presence of the person in the media exposure environment based on user input, they fail to specifically disclose collecting image data via a camera coupled to the portable device, the camera separate from the base metering device; and detecting the presence of the person in the media exposure environment based on the image data.
In an analogous art, Bathiche discloses a method for monitoring viewer presence and engagement with a media program (Fig. 2A; paragraph 21-24) which will collect image data via a camera coupled to a portable device, the camera separate from a base metering device (image sensor separate from computing device, may be part of mobile device, 140; see Bathiche at Fig. 1, 2A; paragraph 11, 13, 22-23) and detect a presence of a person in the media exposure environment based on image data collected by a camera separate from a base metering device (sensor system including image sensor to identify viewer; paragraph 13, 22-23) so as to automatically identify the viewer without the need for user action or input (paragraph 13, 22-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Filev’s system to include collecting image data via a camera coupled to the portable device, the camera separate from the base metering device; and detecting the presence of the person in the media exposure environment based on the image data, as taught in combination with Bathiche, for the typical benefit of providing a more convenient system which may automatically detect and identify the viewer without the need for user action or input (paragraph 13, 22-23).
As to claim 21, while Filev discloses detecting the persons engagement with the media program, they fail to specifically disclose removing the person from the media measurement data when the level of engagement indicates the person is not engaged with the media.
In an analogous art, Bathiche discloses a method for monitoring viewer presence and engagement with a media program (Fig. 2A; paragraph 21-24) which will remove the person from the media measurement data when the level of engagement indicates the person is not engaged with the media (tracking user media viewing response over time and ignoring data where the viewer’s attention is not on the display; see Bathiche at paragraph 26-28) so as to more accurately record user information by ignoring data related when the viewer's attention is not focused on the display device or information regarding the user's attentive state not related to the program (paragraph 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Filev’s system to include removing the person from the media measurement data when the level of engagement indicates the person is not engaged with the media, as taught in combination with Bathiche, for the typical benefit of more accurately recording user information by ignoring data related when the viewer's attention is not focused on the display device or information regarding the user's attentive state not related to the program (paragraph 28).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Filev in view of Wright et al. (Wright) (US 2007/0011040) (of record).
As to claim 25, while Filev discloses a people meter device (stb/tv tracking user account login and duration; column 4, line 37-52), Filev fails to specifically disclose wherein the people meter device is a separate device from the base metering device and the portable device.
In an analogous art, Wright discloses a method for monitoring viewer presence and engagement with a media program (Fig. 1; paragraph 30-32) including a base meter configured to monitor media presented on a media presentation device located at the media exposure environment (20, paragraph 32, 39) and a people meter device a separate device from the base metering device and a portable device (Fig. 1, people meter 28, separate from base meter 20 and portable meter 22; paragraph 46) so as to provide a separate people meter within comfortable reach of the household members (paragraph 46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Filev’s system to include wherein the people meter device is a separate device from the base metering device and the portable device, as taught in combination with Bathiche, for the typical benefit of providing the separate people meter within comfortable reach of the household members (paragraph 46).
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 James R Sheleheda whose telephone number is (571)272-7357. The examiner can normally be reached M-F 8 am-5 pm CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached at (571) 272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/James R Sheleheda/ Primary Examiner, Art Unit 2424