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
This Office Action is in response to an AMENDMENT entered on December 19, 2025 for patent application 18/350,034 filed on July 11, 2023.
Claims 1, 2 and 4-14 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claims 1, 2 and 4-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of copending Application No. 19/066,699 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both claim directing streaming of the first digital content piece from the first content server to a requesting one of the one or more user digital data devices, in response to a marker or other indicator encountered in the first digital content piece while it is being streamed to the requesting user digital data device, directing a request for a second digital content piece to the second content server, and inferring a type of the first digital content piece from the source of the first digital content piece.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Case:
1. (Currently Amended) A method of customized digital content generation, comprising A. with a distribution server that is coupled for communications with a first content server and with a second content server and that is coupled by way of a network to a plurality of user digital data devices that generate requests for digital content pieces,(i) directing streaming of a first digital content piece from the first content server to a requesting one of the user digital data devices, and (ii) in response to a marker or trigger encountered in the first digital content piece while it is being streamed to the requesting user digital data device, directing a request to the second content server for a second digital content piece to supplement the first digital content piece being streamed to the requesting user digital data device, B. determining a source of the first digital content piece and a locale of the requesting user digital data device, C. inferring a type of the first digital content piece from the source of the first digital content piece and from a time for delivery of the first digital content piece to the requesting user digital data device, D. selecting, as the second digital content piece, a digital content piece from among a plurality of digital content pieces, each of which is associated with one or more locales, wherein step (D) includes selecting from among the plurality of digital content pieces based on at least one of the locale of the requesting user digital data device and the type inferred in step (C), and E. with the distribution server, customizing streaming of the first digital content piece to the requesting user digital data device by inserting into such stream for delivery to that user digital data device a stitching together of the first digital content piece and the second digital content piece.
2. (Previously Presented) The method of claim 1, wherein the request for the second digital content piece is generated by any of a content distribution network, a content insertion server or the requesting user digital data device.
Claim 3 (cancelled).
4. (Previously Presented) The method of claim 3, wherein step (D) includes selecting from among the plurality of digital content pieces based on the source of the first digital content piece.
5. (Previously Presented) The method of claim 3, wherein step (D) includes selecting from among the plurality of digital content pieces based on the time of delivery of the first digital content piece to the requesting user digital data device.
6. (Original) The method of claim 3, wherein the plurality of digital content pieces from which the selection is made in step (D) are segmented based on any of content type, classification and locale.
7. (Previously Presented) The method of claim 1, wherein step (C) includes inferring the type of the first digital content piece without user-specific information other than a source from which the first digital content piece was requested, a time of the request, and a locale of the requesting user digital data device.
8. (Previously Presented) The method of claim 1, wherein step (D) includes selecting multiple digital content pieces from among the plurality of digital content pieces, and step (E) includes stitching together those multiple selected digital content pieces as the second digital content piece.
9. (Currently Amended) A system for customized digital content delivery, comprising A. a first content server, B. a second content server, C. a content distribution server that is coupled for communication with each of the first content server and the second content server, D. a user digital data device that is coupled for communication with the content distribution server via a network, E. the content distribution server streaming to the user digital data device a first digital content piece generated by the first content server and, in response to a marker or trigger encountered in the first content piece while it is being streamed to the user digital data device, generating a request for a second digital content piece to supplement the first digital content piece, F. the second content server i. receives the request for a second digital content piece to supplement the first digital content piece, ii. identifies the first content server as a source of the first digital content piece and determines a locale of the user digital data device, iii. infers a type of the first digital content piece from the source of the first digital content piece and a time for delivery of the first digital content piece to the user digital data device, and iv. selects a digital content piece from among a plurality of digital content pieces, each of which is associated with one or more locales, wherein such selection is based on at least one of the locale of the requesting user digital data device and the inferred type of the first digital content piece, and v. transmits, as the second digital content piece, the selected digital content piece or a reference thereto for delivery to the user digital data device in connection with the first digital content piece, and G. the content distribution server customizes streaming of the first digital content piece to the requesting user digital data device by inserting into such stream for delivery to that device a stitching together of the first digital content piece and the second digital content piece.
10. (Original) The system of claim 9, wherein the content distribution server is co-housed with either of the first and second content servers.
11. (Original) The system of claim 9, wherein the second content server receives the request from the content distribution server.
12. (Original) The system of claim 9, wherein the second content server receives the request from the user digital data device.
13. (Previously Presented) The method of claim 1, including any of the steps of (i) segmenting, based on any of content type, classification and locale, the plurality of digital content pieces from among which the second digital content pieces is selected,(ii) forecasting an inventory of the plurality of digital content pieces from among which the second digital content piece is selected,(iii) pre-fetching a second digital content piece that is represented by a URL or other reference.
14. (Previously Presented) The system of claim 9, wherein the second digital content server (i) segments, based on any of content type, classification and locale, the plurality of digital content pieces from among which the second digital content pieces is selected,(ii) forecasts an inventory of digital content pieces from among which the second digital content piece is selected,(iii) pre-fetches a second digital content piece that is represented by a URL or other reference.
Copending Application 19/066,699:
1. A method of customized digital content generation, comprising A. prior to making a first digital content piece available for simultaneous streaming to one or more user digital data devices, selecting one or more supplemental digital content pieces based on (i) a source of the first digital content piece, (ii) a time when the first digital content piece is scheduled to be available for streaming to at least a requesting one of the user digital data devices and (iii) identities of one or more locales to which the first digital content piece is to be streamed, and generating an ID associated with the one or more selected supplemental digital content pieces, B. with a distribution server that is coupled for communications with (i) a first content server that is the source of the first digital content piece and (ii) a second content server that is coupled by way of a network to the one or more user digital data devices, performing the following steps at or after the time when the first digital content piece is scheduled to be available for streaming to at least the requesting one of the user digital data devices: (i) directing streaming of the first digital content piece from the first content server to a requesting one of the one or more user digital data devices, and (ii) in response to a marker or other indicator encountered in the first digital content piece while it is being streamed to the requesting user digital data device, directing a request for a second digital content piece to the second content server, where that request includes the ID, C. responding to the request for the second digital content piece by (i) determining a locale of the requesting user digital data device, and (ii) selecting, as the second digital content piece, a said supplemental digital content piece that is associated with the ID and with the locale of the requesting user digital data device, and D. with the distribution server, customizing streaming of the first digital content piece to the requesting user digital data device by inserting into such stream for delivery to that user digital data device a stitching together of the first digital content piece and the supplemental digital content piece.
2. The method of claim 1, wherein step (A) includes inferring a type of the first digital content piece from the source of the first digital content piece and from the time when the first digital content piece is scheduled to be available for streaming to at least the requesting one of the user digital data devices, selecting, as the supplemental digital content piece, a digital content piece from among a plurality of digital content pieces, where selection is based on the source of the first digital content piece, the type of the first digital content piece and on the one or more locales to which the first digital content piece is to be streamed.
3. The method of claim 1, wherein step (C)(ii) includes responding to a lack of a said supplemental digital content piece that is associated with the ID and with the locale of the requesting user digital data device by inferring a type of the first digital content piece from the source of the first digital content piece and from a time of the request for the second digital content piece, selecting, as the second digital content piece, a digital content piece from among a plurality of digital content pieces, each of which is associated with one or more locales, where selection is based on the source of the first digital content piece, the type of the first digital content piece and on the locale of the requesting user digital data device.
4. The method of claim 1, wherein step (C)(ii) includes responding to a lack of a said supplemental digital content piece that is associated with the ID and with the locale of the requesting user digital data device by selecting the second digital content piece via an automated auction with real-time bidding.
5. The method of claim 1, wherein step (A) includes inferring a type of the first digital content piece from the source of the first digital content piece and from the time when the first digital content piece is scheduled to be available for streaming to at least the requesting one of the user digital data devices, and selecting, as the supplemental digital content piece, a digital content piece from among a plurality of digital content pieces, where selection is based on the source of the first digital content piece, the type of the first digital content piece and on the one or more locales to which the first digital content piece is to be streamed, and step (C)(ii) includes responding to a lack of a said supplemental digital content piece that is associated with the ID and with the locale of the requesting user digital data device by inferring a type of the first digital content piece from the source of the first digital content piece and from a time of the request for the second digital content piece, selecting, as the second digital content piece, a digital content piece from among a plurality of digital content pieces, each of which is associated with one or more locales, where selection is based on the source of the first digital content piece, the type of the first digital content piece and on the locale of the requesting user digital data device.
6. A method of customized digital content generation, comprising A. prior to making a first digital content piece available for simultaneous streaming to one or more user digital data devices, selecting one or more supplemental digital content pieces based on (i) a source of the first digital content piece, (ii) a time when the first digital content piece is scheduled to be available for streaming to at least a requesting one of the user digital data devices and (iii) identities of one or more locales to which the first digital content piece is to be streamed, and generating an ID associated with the one or more selected supplemental digital content pieces, B. with a distribution server that is coupled for communications with (i) a first content server that is the source of the first digital content piece and (ii) a second content server that is coupled by way of a network to the one or more user digital data devices, performing the following steps at or after the time when the first digital content piece is scheduled to be available for streaming to at least the requesting one of the user digital data devices: (i) directing streaming of the first digital content piece from the first content server to a requesting one of the one or more user digital data devices, and (ii) in response to a marker or other indicator encountered in the first digital content piece while it is being streamed to the requesting user digital data device, directing a request for a second digital content piece to the second content server, C. responding to the request for the second digital content piece by (i) determining a locale of the requesting user digital data device, and (ii) alternatively selecting, as the second digital content piece, (a) a said supplemental digital content piece that is associated with an ID, if any, included with the request, and with the locale of the requesting user digital data device, and (b) from among a plurality of digital content pieces, each of which is associated with one or more locales, where selection is based on the source of the first digital content piece, a type of the first digital content piece and on the locale of the requesting user digital data device, D. with the distribution server, customizing streaming of the first digital content piece to the requesting user digital data device by inserting into such stream for delivery to that user digital data device a stitching together of the first digital content piece and the supplemental digital content piece.
7. The method of claim 6, wherein step C(ii) includes selecting the second digital content piece in accordance with C(ii)(a) a designated number of times for a combination of each ID and locale and, thereafter, selecting the second digital content piece in accordance with C(ii)(b).
8. A method of customized digital content generation, comprising A. prior to making a first digital content piece available for simultaneous streaming to one or more user digital data devices, selecting one or more supplemental digital content pieces based on (i) a source of the first digital content piece, (ii) a time when the first digital content piece is scheduled to be available for streaming to at least a requesting one of the user digital data devices and (iii) identities of one or more locales to which the first digital content piece is to be streamed, and generating an ID associated with the one or more selected supplemental digital content pieces, B. with a distribution server that is coupled for communications with (i) a first content server that is the source of the first digital content piece and (ii) a second content server that is coupled by way of a network to the one or more user digital data devices, performing the following steps at or after the time when the first digital content piece is scheduled to be available for streaming to at least the requesting one of the user digital data devices: (i) directing streaming of the first digital content piece from the first content server to a requesting one of the one or more user digital data devices, and (ii) in response to a marker or other indicator encountered in the first digital content piece while it is being streamed to the requesting user digital data device, directing a request for a second digital content piece to the second content server, C. responding to the request for the second digital content piece by (i) determining a locale of the requesting user digital data device, and (ii) alternatively selecting, as the second digital content piece, (a) a said supplemental digital content piece that is associated with an ID, if any, included with the request, and with the locale of the requesting user digital data device, (b) a content piece selected via an automated auction with real-time bidding, D. with the distribution server, customizing streaming of the first digital content piece to the requesting user digital data device by inserting into such stream for delivery to that user digital data device a stitching together of the first digital content piece and the supplemental digital content piece.
9. The method of claim 8, wherein step C(ii) includes selecting the second digital content piece in accordance with C(ii)(a) a designated number of times for a combination of each ID and locale and, thereafter, selecting the second digital content piece in accordance with C(ii)(b).
10. A method of customized digital content generation, comprising A. with a distribution server that is coupled for communications with (i) a first content server that is the source of a first digital content piece and (ii) a second content server that is coupled by way of a network to one or more user digital data devices, performing the following steps at or after a time when the first digital content piece is scheduled to be available for streaming to at least a requesting one of the user digital data devices: (i) directing streaming of the first digital content piece from the first content server to a requesting one of the one or more user digital data devices, and (ii) in response to a marker or other indicator encountered in the first digital content piece while it is being streamed to the requesting user digital data device, directing a request for a second digital content piece to the second content server, B. responding to the request for the second digital content piece by (i) determining a locale of the requesting user digital data device, and (ii) alternatively selecting, as the second digital content piece, (a) a said supplemental digital content piece that is associated with an ID, if any, included with the request, and with the locale of the requesting user digital data device, (b) any of (i) a content piece selected via an automated auction with real-time bidding and (ii) from among a plurality of digital content pieces, each of which is associated with one or more locales, where selection is based on the source of the first digital content piece, a type of the first digital content piece and on the locale of requesting user digital data device, C. with the distribution server, customizing streaming of the first digital content piece to the requesting user digital data device by inserting into such stream for delivery to that user digital data device a stitching together of the first digital content piece and the supplemental digital content piece.
11. The method of claim 10, wherein the ID is generated prior to the time when the first digital content piece is scheduled to be available for streaming to at least the requesting one of the user digital data devices.
12. The method of claim 10, wherein the ID is associated with one or more supplemental digital content pieces selected based on (i) the source of the first digital content piece, (ii) the time when the first digital content piece is scheduled to be available for streaming to at least the requesting one of the user digital data devices and (iii) identities of one or more locales to which the first digital content piece is to be streamed.
Conclusion
Claims 1, 2 and 4-14 are rejected.
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 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.
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/Joshua D Taylor/Primary Examiner, Art Unit 2426 February 6, 2026