DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 17 April 2026 has been entered.
Priority
The instant application is a continuation of US S.N. 16/984,963 and 13/114,729. The priority claims comply with all applicable rules and regulations. Therefore, the effective filing date of the claims will be 24 May 2011.
Response to Arguments
Applicant's arguments filed 17 April 2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments that “Tidwell does not disclose or suggest a delivery report that ‘indicates delivery of the advertisement in the first format via IP to the first user device and in the second format via QAM to the second user device,’ nor provide any disclosure or suggestion to modify Maharajh's media data record 1692 to include such an indication,” on page 9, the examiner respectfully disagrees.
Maharajh discloses a system for delivery of content over a wireless network to a mobile device, IPTV, or PC.
Maharajh further discloses establishing and maintaining a media data record 1692 that may be associated with one or more media data events, transactions, interactions, user activity, automated content 128 selection and serving, and the like. Through the use of a media data record 1692, mediation and settlement 112 may allow the business methods to accurately indicate content 128 distribution related revenue that is shared by each partner, for any transaction (event), for any application (service), at any given time, and based at least in part on an understanding of the revenue sharing partners at the time of the event and each partner's quota in revenue sharing at the time of an event represented by the media data record (Para. 220).
Maharajh also discloses a media data record 1692 may include content 128-based information (e.g. owner, sourcing server, sponsor, length, genre, type, encoding, origination date, modification date, and the like), carrier 1682-based information (e.g. carrier 1682 name, geographic region served, network features used, service plan, and the like), user-based information (e.g. demographics, user ID, preferences, and the like), device-based information (e.g. device type, device capabilities and features, status of battery power, and the like), ad-based information (e.g. ad server URL, ad cost, ad payment options, genre, target user, ad type, and the like), and other information as may benefit mediation and settlement 112 of mobile content 128 distribution (Para. 221).
Maharajh further discloses media data records may be generated for broadcast and unicast/multicast content. Media data records generated for broadcast and unicast/multicast content may be aggregated and normalized (Para. 351).
Tidwell also discloses a system for deliver of content over a wireless network to a mobile device, PC, or television.
Tidwell further discloses reports are generated and transmitted, including: (i) household viewership, (ii) household commercial/advertisement viewership, and (iii) VOD consumption (Para. 79). Delivery of video content may be both over traditional downstream QAMs to the tuner of the user's STB or other receiver device for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device via the user's cable modem (Para. 104). The reports contain information regarding the number of subscribers, network, programming information and viewing events, and these reports are generated based in part on data from the processed viewing impressions, AS, EPG records, and subscriber data (Para. 168).
Modifying Maharajh’s method of aggregating and normalizing media data records generated for broadcast and unicast/multicast content and including carrier-based information in the media data records with Tidwell’s method of delivery of content using QAM and IP teaches the aforementioned limitation.
Note: The “storing a delivery report…” limitation is worded such that the delivery report does not have to explicitly indicate “the first format via IP” and “the second format via QAM” portions. The limitation may be interpreted to be that the delivery report indicates delivery of the advertisement to the first and second user devices, where the advertisement was delivered in the first format via IP to the first user device and in the second format via QAM to the second user device. The examiner suggests amending the limitation, in accordance with the original disclosure, to clarify that the delivery report explicitly include a field (or fields) that indicates the format delivered via IP/QAM.
Therefore, the aforementioned limitation is taught by the combination of the cited prior art.
Also note O’Neil (US 2002/0107027 A1) discloses Advertisement database 450 includes fields for a user ID 451, a merchant's willingness to pay 452, an advertisement 453 and delivery type 454. The delivery type 454 stores an indication of the medium used to deliver the advertisement to the user (Para. 38).
Also note Engel et al. (US 2012/0005527 A1) discloses the communication between the CPE 106, PMD 107 and the third party entity 202 occurs via any number of different modes such as e.g., the Internet (Para. 108). Content is delivered via the aforementioned delivery network, while data regarding the user's interaction with content is collected and transmitted via an IP backhaul to the third party entity (Para. 109), wherein the terms "network" and "bearer network" refer generally to any type of telecommunications or data network including hybrid fiber coax (HFC) networks, satellite networks, telco networks, and data networks, and such networks or portions thereof may utilize any one or more different topologies (e.g., ring, bus, star, loop, etc.), transmission media (e.g., wired/RF cable, RF wireless, millimeter wave, optical, etc.) and/or communications or networking protocols (e.g., SONET, DOCSIS, IEEE Std. 802.3, ATM, X.25, Frame Relay, 3GPP, 3GPP2, WAP, SIP, UDP, FTP, RTP/RTCP, H.323, etc.) (Para. 60).
In response to applicant’s arguments that “it would not be obvious to modify Maharajh’s mobile device platform…as taught by Tidwell,” on page 9, the examiner respectfully disagrees.
Maharajh discloses a system for delivery of content over a wireless network to a mobile device, IPTV, or PC.
“A user may pause playback of a video on his in-car device via WiMAX and resume viewing playback of the content on his PC or IPTV at home” (Maharajh-Para. 211).
Tidwell also discloses a system for deliver of content over a wireless network to a mobile device, PC, or television.
"While these exemplary embodiments are described in the context of a hybrid fiber coax (HFC) cable architecture having a multiple systems operator (MSO), digital networking capability, and plurality of client devices/CPE, the general principles and advantages of the invention may be extended to other types of networks and architectures, whether broadband, narrowband, optical or electrical, wired or wireless, content or data, or otherwise” (Tidwell-Para. 86).
“The terms "client device" and "end user device" include, but are not limited to, set-top boxes (e.g., DSTBs), personal computers (PCs), and minicomputers, whether desktop, laptop, or otherwise, and mobile devices such as handheld computers, PDAs, personal media devices (PMDs), and smartphones (Tidwell-Para. 60).
“The term "customer premises equipment" (CPE) includes such electronic equipment such as set-top boxes (e.g., DSTBs), televisions, cable modems (CMs), embedded multimedia terminal adapters (eMTAs), whether stand-alone or integrated with other devices, Digital Video Recorders (DVR), gateway storage devices (Furnace), and ITV Personal Computers” (Tidwell-Para. 62).
“The term "headend" refers generally to a networked system controlled by an operator (e.g., an MSO) that distributes programming to MSO clientele using client devices (Tidwell-Para. 67)”.
“The edge switch 194 forwards the packets receive from the CMTS 199 to the QAM modulator 189, which transmits the packets on one or more physical (QAM-modulated RF) channels to the CPE” (Tidwell-Para. 106).
Both Maharajh and Tidwell disclose transmitting advertisements over a wireless network to a mobile device, PC, or television.
Note: the motivation statement does not indicate that it is specifically Maharajh’s “mobile device platform” that is being modified by Tidwell.
Therefore, modifying Maharajh with Tidwell’s disclosure of generating and transmitting household commercial/advertisement viewership information, where the advertisement was delivered using QAM modulation from the headend to a mobile device, PC, or television, would not change Maharajh’s principle of operation and the combination of the references is valid.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1, 2, 5, 6, 8, 9, 11, 12, 14-17, 19, 20, 24, and 25 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Maharajh et al. (US 2008/0201386 A1) in view of Tidwell et al. (US 2011/0110515 A1).
Regarding claim 1, Maharajh teaches a method comprising:
receiving, by a computing device, e.g., mobile media platform 100 (Figs. 16, 50, el. 100), first information indicating an advertisement in a first format delivered via internet protocol (IP) was displayed by a first user device, e.g., mobile devices 1614 (Fig. 16, el. 1614; Para. 480); mobile communication facility 5002 (Fig. 50, el. 5002), wherein the mobile communication facility 5002 may be user mobile handsets 5002 (Par. 544);
to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Para. 223);
to facilitate capturing mobile device 1614 based media events, media players may be directed to provide input to the mobile media platform 100 based on the content 128 provided and the media event (Para. 226);
a user using a mobile device may be able to switch 110 between unicast/multicast content and broadcast content (Par. 129);
delivery may include downloading such as delivering content via HTTP, RSTP download with additional wrappers for DRM, and the like, and delivery may be performed with streams, such as to delivery audio and video content via 3GPP, Real Media streaming, and the like (Para. 238);
a consumption profile 102 may represent an ability to automate, optimize and tailor content delivery and may be related to a device profile 202, wherein the consumption profile 102 may take into account device features that may be included in a device profile, wherein device features may include, without limitation, screen resolution, network support, media format support, delivery format (e.g. streaming, http, and the like) (Para. 92);
receiving, by the computing device, second information indicating the advertisement in a second format delivered via…modulation…was displayed by a second user device, e.g., mobile devices 1614 (Fig. 16, el. 1614; Para. 480); mobile communication facility 5002 (Fig. 50, el. 5002), wherein the mobile communication facility 5002 may be user mobile handsets 5002 (Par. 544); mobile communication facility 5002 (Fig. 50, el. 5002), wherein the mobile communication facility 5002 may be user mobile handsets 5002 (Par. 544);
to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Fig. 16, el. 1692, 1694; Para. 223);
to facilitate capturing mobile device 1614 based media events, media players may be directed to provide input to the mobile media platform 100 based on the content 128 provided and the media event (Para. 226);
a user using a mobile device may be able to switch 110 between unicast/multicast content and broadcast content (Par. 129);
technologies for delivering content, such as television, to mobile devices via broadcast may include MediaFLO, DVB-H, DMB, ISDB-T, DVB-T, DVB-SH, a cellular broadcast over an upgraded network, a separate wireless broadcast network and the like, and technologies for delivering content, such as on-demand video, to mobile devices via unicast/multicast include 3.5G cellular networks, 4G cellular networks, WIMAX, HSDPA, EV-DO, EV-DO rev A, CDMA, WiBro, FLASH-OFDM, cellular unicast over an upgraded network, a separate wireless broadband network and the like (Para. 129);
a device that supports both cellular and WiFi networks may be served through a consumption profile 102 that indicates the device can support both networks, and the mobile media platform 100 may determine to send content over the cellular or the WiFi network (Para. 125); and
storing a delivery report that is associated with the advertisement and that indicates delivery of the advertisement in the first format via IP to the first user device and in the second format…to the second user device, e.g., establishing and maintaining a media data record 1692 that may be associated with one or more media data events, transactions, interactions, user activity, automated content 128 selection and serving, and the like (Para. 220);
a media data record 1692 may include a wide variety of information associated with distributing and playback of content 128, such as mobile content 128, wherein media data record 1692 may include content 128-based information (e.g. owner, sourcing server, sponsor, length, genre, type, encoding, origination date, modification date, and the like), carrier 1682-based information (e.g. carrier 1682 name, geographic region served, network features used, service plan, and the like), user-based information (e.g. demographics, user ID, preferences, and the like), device-based information (e.g. device type, device capabilities and features, status of battery power, and the like), ad-based information (e.g. ad server URL, ad cost, ad payment options, genre, target user, ad type, and the like), and other information as may benefit mediation and settlement 112 of mobile content 128 distribution (Para. 221);
to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Fig. 16, el. 1692, 1694; Para. 223);
media data record 1692 may be associated with a mobile content 128 transaction such as a usage event, an ad pull, streaming of creative content 128, requests for content 128, and the like, and to facilitate capturing mobile device 1614 based media events, media players may be directed to provide input to the mobile media platform 100 based on the content 128 provided and the media event (Para. 226);
media data records may be generated for broadcast and unicast/multicast content, and media data records generated for broadcast and unicast/multicast content may be aggregated and normalized (Para. 351);
advertising content may be tracked in a media data record 1692 to determine an appropriate share of revenue due or payment required from an advertiser, wherein the media data record 1692 may record clickthroughs, or whether a user interacted with an advertisement or eventually purchased an item or service advertised (Para. 494).
Maharajh does not clearly teach receiving, by the computing device, second information indicating the advertisement in a second format delivered via quadrature amplitude modulation (QAM) was displayed by a second user device; and
storing a delivery report that is associated with the advertisement and that indicates delivery of the advertisement in the first format via IP to the first user device and in the second format via QAM to the second user device.
Tidwell teaches …an advertisement in a first format delivered via an internet protocol (IP)…, e.g., reports are generated and transmitted, including: (i) household viewership, (ii) household commercial/advertisement viewership, and (iii) VOD consumption (Para. 79);
delivery of video content both over traditional downstream QAMs to the tuner of the user's STB or other receiver device for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device via the user's cable modem (Para. 104); and
…the advertisement in a second format delivered via quadrature amplitude modulation (QAM)…, e.g., reports are generated and transmitted, including: (i) household viewership, (ii) household commercial/advertisement viewership, and (iii) VOD consumption (Para. 79);
delivery of video content both over traditional downstream QAMs to the tuner of the user's STB or other receiver device for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device via the user's cable modem (Para. 104);
storing a delivery report that is associated with the advertisement and that indicates delivery of the advertisement in the first format via IP to the first user device and in the second format via QAM to the second user device, e.g., customer premises equipment (CPE) 106, where figure 2 shows multiple CPE 106s (Fig. 2, el. 106);
reports are generated and transmitted, including: (i) household viewership, (ii) household commercial/advertisement viewership, and (iii) VOD consumption (Para. 79);
delivery of video content both over traditional downstream QAMs to the tuner of the user's STB or other receiver device for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device via the user's cable modem (Para. 104);
the reports contain information regarding the number of subscribers, network, programming information and viewing events, and these reports are generated based in part on data from the processed viewing impressions, AS, EPG records, and subscriber data (Para. 168);
one of the salient functions of the SDA/AM 203 is to provide a reporting infrastructure (based on the data collected from the devices that provide usage--namely the SDV tuning events, Video On Demand Events and Ad Plays) (Para. 310).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was made to modify Maharajh to include the receiving, by the computing device, second information indicating the advertisement in a second format delivered via quadrature amplitude modulation (QAM) was displayed by a second user device; and storing a delivery report that is associated with the advertisement and that indicates delivery of the advertisement in the first format via IP to the first user device and in the second format via QAM to the second user device, using the known method of delivering video content both over traditional downstream QAMs to the tuner of the user's STB for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device, as taught by Tidwell, in combination with the use of multiple networks of Maharajh, for the purpose of providing efficient bandwidth utilization and high data rates while also allowing flexibility in constellation sizes.
Regarding claim 2, Maharajh in view of Tidwell teaches the method of claim 1, wherein the first format is a first communication protocol for deliver via IP protocol and the second format is a second communication protocol for delivery via QAM, e.g., the mobile media platform 100 may enable, include and/or be associated with a mobile content provision service that combines an on-demand unicast or multicast cellular mobile content service with a mobile broadcast content service (Maharajh-Para. 128); technologies for delivering content, such as television, to mobile devices via broadcast may include MediaFLO, DVB-H, DMB, ISDB-T, DVB-T, DVB-SH, a cellular broadcast over an upgraded network, a separate wireless broadcast network and the like, and technologies for delivering content, such as on-demand video, to mobile devices via unicast/mulitcast include 3.5G cellular networks, 4G cellular networks, WIMAX, HSDPA, EV-DO, EV-DO rev A, CDMA, WiBro, FLASH-OFDM, cellular unicast over an upgraded network, a separate wireless broadband network and the like (Maharajh-Para. 129); delivery may include downloading such as delivering content via HTTP, RSTP download with additional wrappers for DRM, and the like, and delivery may be performed with streams, such as to delivery audio and video content via 3GPP, Real Media streaming, and the like (Maharajh-Para. 238); a consumption profile 102 may represent an ability to automate, optimize and tailor content delivery and may be related to a device profile 202, wherein the consumption profile 102 may take into account device features that may be included in a device profile, wherein device features may include, without limitation, screen resolution, network support, media format support, delivery format (e.g. streaming, http, and the like) (Maharajh-Para. 92); delivery of video content both over traditional downstream QAMs to the tuner of the user's STB or other receiver device for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device via the user's cable modem (Tidwell-Para. 104).
Regarding claim 5, Maharajh in view of Tidwell teaches the method of claim 1.
Maharajh further teaches wherein the first user device is a mobile device, and wherein the second user device is a display device…, e.g., the mobile media platform 100 may enable, include and/or be associated with a mobile content provision service that combines an on-demand unicast or multicast cellular mobile content service with a mobile broadcast content service (Maharajh-Para. 128); technologies for delivering content, such as television, to mobile devices via broadcast may include MediaFLO, DVB-H, DMB, ISDB-T, DVB-T, DVB-SH, a cellular broadcast over an upgraded network, a separate wireless broadcast network and the like, and technologies for delivering content, such as on-demand video, to mobile devices via unicast/multicast include 3.5G cellular networks, 4G cellular networks, WIMAX, HSDPA, EV-DO, EV-DO rev A, CDMA, WiBro, FLASH-OFDM, cellular unicast over an upgraded network, a separate wireless broadband network and the like (Maharajh-Para. 129); the media data record 1692 may capture information such as whether content delivery 120 includes delivery of content 128 from different sources or via different means (Maharajh-Para. 480); a user may pause playback of a video on his in-car device via WiMAX and resume viewing playback of the content on his PC or IPTV at home (Para. 211).
Maharajh does not clearly teach wherein the first user device is a mobile device, and wherein the second user device is a display device associated with a set top box.
Tidwell further teaches wherein the first user device is a mobile device, and wherein the second user device is a display device associated with a set top box, e.g., reports are generated and transmitted, including: (i) household viewership, (ii) household commercial/advertisement viewership, and (iii) VOD consumption (Para. 79); delivery of video content both over traditional downstream QAMs to the tuner of the user's STB or other receiver device for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device via the user's cable modem (Para. 104); the term "customer premises equipment" (CPE) includes such electronic equipment such as set-top boxes (e.g., DSTBs), televisions, cable modems (CMs), embedded multimedia terminal adapters (eMTAs), whether stand-alone or integrated with other devices, Digital Video Recorders (DVR), gateway storage devices (Furnace), and ITV Personal Computers (Para. 62); the term "headend" refers generally to a networked system controlled by an operator (e.g., an MSO) that distributes programming to MSO clientele using client devices (Para. 67); the terms "client device" and "end user device" include, but are not limited to, set-top boxes (e.g., DSTBs), personal computers (PCs), and minicomputers, whether desktop, laptop, or otherwise, and mobile devices such as handheld computers, PDAs, personal media devices (PMDs), and smartphones (Para. 60).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was made to modify Maharajh to include wherein the first user device is a mobile device, and wherein the second user device is a display device associated with a set top box, using the known method of delivering video content both over traditional downstream QAMs to the tuner of the user's STB for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device, as taught by Tidwell, in combination with the use of multiple networks of Maharajh, using the same motivation as in claim 1.
Regarding claim 6, Maharajh in view of Tidwell teaches the method of claim 1, wherein the delivery report comprises a verification that the advertisement was delivered to the first user device and to the second user device, e.g., establishing and maintaining a media data record 1692 that may be associated with one or more media data events, transactions, interactions, user activity, automated content 128 selection and serving, and the like (Maharajh-Para. 220); to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Maharajh-Fig. 16, el. 1692, 1694; Para. 223); media data record 1692 may be associated with a mobile content 128 transaction such as a usage event, an ad pull, streaming of creative content 128, requests for content 128, and the like, and to facilitate capturing mobile device 1614 based media events, media players may be directed to provide input to the mobile media platform 100 based on the content 128 provided and the media event (Maharajh-Para. 226); advertising content may be tracked in a media data record 1692 to determine an appropriate share of revenue due or payment required from an advertiser, wherein the media data record 1692 may record clickthroughs, or whether a user interacted with an advertisement or eventually purchased an item or service advertised (Maharajh-Para. 494).
Regarding claim 8, Maharajh in view of Tidwell teaches the method of claim 1, wherein the delivery report indicates whether an application signal associated with the advertisement was delivered to the first user device or to the second user device, e.g., to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Maharajh-Fig. 16, el. 1692, 1694; Para. 223); advertising content may be tracked in a media data record 1692 to determine an appropriate share of revenue due or payment required from an advertiser, wherein the media data record 1692 may record clickthroughs, or whether a user interacted with an advertisement or eventually purchased an item or service advertised (Maharajh-Para. 494); content, such as interactive content, may include one or more applications or may require one or more applications to be operating on a device to access certain features of the content (Maharajh-Para. 120).
Regarding claim 9, Maharajh in view of Tidwell teaches the method of claim 1, wherein the advertisement comprises one or more of: an application; interactive content; or enhanced content, e.g., an advertisement may be interactive allowing a user to access additional information and content by clicking on or otherwise interacting with the ad or aspects of the ad (Maharajh-Para. 307).
Regarding claim 11, the claim is analyzed with respect to claim 1. Maharajh in view of Tidwell further teaches an apparatus, e.g., mobile media platform 100 (Maharajh-Figs. 16, 50, el. 100), comprising:
one or more processors; and memory storing instructions that, when executed by the one or more processors, e.g., the processes may be realized in one or more microprocessors, microcontrollers, embedded microcontrollers, programmable digital signal processors or other programmable device, along with internal and/or external memory (Maharajh-Para. 567), configure the apparatus to: perform the steps.
Regarding claim 12, the claim is analyzed with respect to claim 2.
Regarding claim 14, the claim is analyzed with respect to claim 5.
Regarding claim 15, the claim is analyzed with respect to claim 6.
Regarding claim 16, the claim is analyzed with respect to claims 1 and 11.
Regarding claim 17, the claim is analyzed with respect to claim 2.
Regarding claim 19, the claim is analyzed with respect to claim 5.
Regarding claim 20, the claim is analyzed with respect to claim 6.
Regarding claim 24, Maharajh in view of Tidwell teaches the method of claim 1, wherein: the first information comprises an identifier, indicating the advertisement, in a first content stream delivered to the first user device in the first format via IP; and the second information comprises the identifier, indicating the advertisement, in a second content stream delivered to the second user device in the second format via QAM, e.g., establishing and maintaining a media data record 1692 that may be associated with one or more media data events, transactions, interactions, user activity, automated content 128 selection and serving, and the like (Maharajh-Para. 220);
media data records may be generated for broadcast and unicast/multicast content. Media data records generated for broadcast and unicast/multicast content may be aggregated and normalized (Maharajh-Para. 351);
a media data record 1692 may include a wide variety of information associated with distributing and playback of content 128, such as mobile content 128, wherein media data record 1692 may include content 128-based information (e.g. owner, sourcing server, sponsor, length, genre, type, encoding, origination date, modification date, and the like), carrier 1682-based information (e.g. carrier 1682 name, geographic region served, network features used, service plan, and the like), user-based information (e.g. demographics, user ID, preferences, and the like), device-based information (e.g. device type, device capabilities and features, status of battery power, and the like), ad-based information (e.g. ad server URL, ad cost, ad payment options, genre, target user, ad type, and the like), and other information as may benefit mediation and settlement 112 of mobile content 128 distribution (Maharajh-Para. 221);
to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Maharajh-Fig. 16, el. 1692, 1694; Para. 223);
media data record 1692 may be associated with a mobile content 128 transaction such as a usage event, an ad pull, streaming of creative content 128, requests for content 128, and the like, and to facilitate capturing mobile device 1614 based media events, media players may be directed to provide input to the mobile media platform 100 based on the content 128 provided and the media event (Maharajh-Para. 226);
reports are generated and transmitted, including: (i) household viewership, (ii) household commercial/advertisement viewership, and (iii) VOD consumption (Tidwell-Para. 79);
delivery of video content both over traditional downstream QAMs to the tuner of the user's STB or other receiver device for viewing on the television, and also as packetized IP data over the DOCSIS QAMs to the user's PC or other IP-enabled device via the user's cable modem (Tidwell-Para. 104);
the reports contain information regarding the number of subscribers, network, programming information and viewing events, and these reports are generated based in part on data from the processed viewing impressions, AS, EPG records, and subscriber data (Tidwell-Para. 168).
Regarding claim 25, Maharajh in view of Tidwell teaches the method of claim 1, wherein the delivery report comprises a timeline of deliveries of the advertisement via a plurality of formats comprising the first format and the second format, e.g., establishing and maintaining a media data record 1692 that may be associated with one or more media data events, transactions, interactions, user activity, automated content 128 selection and serving, and the like (Maharajh-Para. 220);
media data records may be generated for broadcast and unicast/multicast content. Media data records generated for broadcast and unicast/multicast content may be aggregated and normalized (Maharajh-Para. 351);
a media data record 1692 may content 128 streaming data that is normalized from data from one streaming server that records a count of packets streamed and average time duration of each packet and from data from another streaming server that records a start time, an end time, and a count of packets, and a media data record 1692 may include a wide variety of information associated with distributing and playback of content 128, such as mobile content 128, wherein media data record 1692 may include content 128-based information (e.g. owner, sourcing server, sponsor, length, genre, type, encoding, origination date, modification date, and the like), carrier 1682-based information (e.g. carrier 1682 name, geographic region served, network features used, service plan, and the like), user-based information (e.g. demographics, user ID, preferences, and the like), device-based information (e.g. device type, device capabilities and features, status of battery power, and the like), ad-based information (e.g. ad server URL, ad cost, ad payment options, genre, target user, ad type, and the like), and other information as may benefit mediation and settlement 112 of mobile content 128 distribution (Maharajh-Para. 221);
the mobile media data record may include one or more of content information, encoding information, content sourcing, playback duration, mobile playback device information, consumption record, user information, source affiliate information, distribution portal information, content request method, playback start time or some other type of data record (Maharajh-Para. 10);
the media platform may include reporting of customer and content consumptions for streaming. The report may include a customer ID (which may be from the third party), playlist, date time, duration of viewing time, and the like (Maharajh-Para. 557).
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Maharajh in view of Tidwell and further in view of Dolgonos et al. (US 2022/0147978 A1).
Regarding claim 3, Maharajh in view of Tidwell teaches the method of claim 1.
Maharajh in view of Tidwell further teaches wherein the second information is based on a signal for the advertisement associated with the first format, e.g., to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Maharajh-Para. 223); to facilitate capturing mobile device 1614 based media events, media players may be directed to provide input to the mobile media platform 100 based on the content 128 provided and the media event (Maharajh-Para. 226); a user using a mobile device may be able to switch 110 between unicast/multicast content and broadcast content (Maharajh-Par. 129); delivery may include downloading such as delivering content via HTTP, RSTP download with additional wrappers for DRM, and the like, and delivery may be performed with streams, such as to delivery audio and video content via 3GPP, Real Media streaming, and the like (Maharajh-Para. 238); a consumption profile 102 may represent an ability to automate, optimize and tailor content delivery and may be related to a device profile 202, wherein the consumption profile 102 may take into account device features that may be included in a device profile, wherein device features may include, without limitation, screen resolution, network support, media format support, delivery format (e.g. streaming, http, and the like) (Maharajh-Para. 92).
Maharajh in view of Tidwell does not clearly teach wherein the second information is based on a signal for the advertisement converted from the second format to the first format.
Dolgonos teaches …a signal for the…converted from the second format to the first format, e.g., the QAM demodulator 40 converts the base band signal into a digital stream that is provided to controller 42, and the controller 42 includes a CPU, which manages the overall operation of the cable modem 32, and preferably an Ethernet controller for converting the digital output of the QAM demodulator 40 into a TCP/IP output signal that is 10/100 Base-T Ethernet compliant, wherein (Figs. 4, 5, el. 32; Fig. 5, el. 40; Para. 27), wherein each bidirectional antenna node 16 includes a cable plant interface 32 (Figs. 1, 4, el. 16; Para. 26).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was made to modify Maharajh in view of Tidwell to include wherein the second information is based on a signal for the advertisement converted from the second format to the first format, using the known method of converting the output of the QAM demodulator to TCP/IP output, as taught by Dolgonos, in combination with the use of multiple networks of Maharajh in view of Tidwell, for the purpose of permitting cable companies to implement cost effective wireless Internet services to mobile users and to stationary users who do not have a wired connection to the cable plant (Dolgonos-Para. 37). Another benefit of the combination would be to enable the advertisement viewing data to be analyzed with respect to the different media channels and media devices.
Claims 7 and 10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Maharajh in view of Tidwell and further in view of Saslow et al. (US 2007/0039018 A1).
Regarding claim 7, Maharajh in view of Tidwell teaches the method of claim 1.
Maharajh in view of Tidwell does not clearly teach wherein the delivery report indicates a discrepancy between an expected delivery time of the advertisement and an actual delivery time of the advertisement to one or more of the first user device or the second user device.
Saslow teaches wherein the delivery report indicates a discrepancy between an expected delivery time of the advertisement and an actual delivery time of the advertisement to one or more of the first user device or the second user device, e.g. combine planned or declared media schedules with airplay events collected by the ConfirMedia Broadcast Monitoring System (BMS), and produce various discrepancy reports including instances where an airing documented in Agency Schedule data and/or Broadcaster Deal/Contract data and/or Agency Traffic Instruction data and/or Broadcaster Invoice data cannot be matched up to a corresponding airing in Online Detection data (Para. 94); comparing a schedule to airplay detections for the purpose of identifying discrepancies (Para. 118, 482); computing the difference in a start time to each spot start time (Para. 508); determining that either a Pre- or Post-Time Accuracy Tolerance (TAT) is required for a match on time (Page 29, Table 1; Page 30, Table 2); verify the detections fall between the traffic instructions start date and the traffic instructions end date (Para. 825).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Maharajh in view of Tidwell to include wherein the delivery report indicates a discrepancy between an expected delivery time of the advertisement and an actual delivery time of the advertisement to one or more of the first user device or the second user device, using the known method of comparing a schedule to airplay detections for the purpose of identifying discrepancies by computing the difference in a start time to each spot start time and determining that either a Pre- or Post-Time Accuracy Tolerance (TAT) is required for a match on time and generating a discrepancy report of the comparison, as taught by Saslow, in combination with the advertisement verification system of Maharajh in view of Tidwell, for the purpose of identifying discrepancies requiring resolution and/or reconciliation by facilitating the improved stewardship of broadcast advertising by all industry participants (Saslow-Para. 14, 118).
Regarding claim 10, Maharajh in view of Tidwell teaches the method of claim 1.
Maharajh in view of Tidwell further teaches …the delivery of the advertisement to the first user device and to the second user device…, e.g., to facilitate completion of the media data record 1692, either the ad server 1694 may notify the mobile media platform 100 of the request/service of the advertisement or the mobile device 1614 may report back to the platform 100 which ad was served (Maharajh-Para. 223); to facilitate capturing mobile device 1614 based media events, media players may be directed to provide input to the mobile media platform 100 based on the content 128 provided and the media event (Maharajh-Para. 226).
Maharajh in view of Tidwell does not clearly teach further comprising generating, based on a comparison of the first information and the second information with one or more expected characteristics of the delivery of the advertisement to the first user device and to the second user device, the delivery report.
Saslow teaches generating, based on a comparison of the first information and the second information with one or more expected characteristics of the delivery of the advertisement to the first…device and to the second…device, the delivery report, e.g. combine planned or declared media schedules with airplay events collected by the ConfirMedia Broadcast Monitoring System (BMS), and produce various discrepancy reports including instances where an airing documented in Agency Schedule data and/or Broadcaster Deal/Contract data and/or Agency Traffic Instruction data and/or Broadcaster Invoice data cannot be matched up to a corresponding airing in Online Detection data (Para. 94); comparing a schedule to airplay detections for the purpose of identifying discrepancies (Para. 118, 482); computing the difference in a start time to each spot start time (Para. 508); determining that either a Pre- or Post-Time Accuracy Tolerance (TAT) is required for a match on time (Page 29, Table 1; Page 30, Table 2); verify the detections fall between the traffic instructions start date and the traffic instructions end date (Para. 825).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Maharajh in view of Tidwell to include wherein generating, based on a comparison of the first information and the second information with one or more expected characteristics of the delivery of the advertisement to the first user device and to the second user device, the delivery report, using the known method of comparing a schedule to airplay detections for the purpose of identifying discrepancies by computing the difference in a start time to each spot start time and determining that either a Pre- or Post-Time Accuracy Tolerance (TAT) is required for a match on time and generating a discrepancy report of the comparison, as taught by Saslow, in combination with the advertisement verification system of Maharajh in view of Tidwell, for the purpose of identifying discrepancies requiring resolution and/or reconciliation by facilitating the improved stewardship of broadcast advertising by all industry participants (Saslow-Para. 14, 118).
Claim 23 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Maharajh in view of Tidwell further in view of Ramaswamy et al. (US 2007/0162927 A1).
Regarding claim 23, Maharajh in view of Tidwell teaches the method of claim 1.
Maharajh in view of Tidwell does not clearly teach further comprising:
receiving, from a first node in a delivery network, a first indication that the advertisement was inserted into a content stream; and
receiving, from a second node that is downstream of the first node in the delivery network, a second indication of that the advertisement, in the content stream, was streamed by the second node to the first user device,
wherein the first information is based on the first indication and the second indication.
Ramaswamy teaches receiving, from a first node, e.g., media monitoring device 160/160’ (Figs. 7-10, el. 160, 160), in a delivery network, a first indication that the advertisement was inserted into a content stream, e.g., the tag detector 702 is configured to receive media content tuned by a monitored information presenting device 156 and to detect identifying tags embedded in or otherwise associated with the media content by a tag injector, wherein the identifying tags are, preferably, the identifying tags used by the tag encoders 200 of FIGS. 2-6 (Para. 66), wherein the tag encoder 200 is structured to insert identification tags that identify one or more of: (a) the origin of a media segment (i.e., at what point in the media distribution process it was placed into the media stream), (b) the identity of the media segment, (c) the time and/or date at which the media segment was added to the media stream, etc.(Para. 49); the tag detector 702 may be configured to store the identifying tags in the tag database 704, wherein the contents of the tag database 704 are periodically or aperiodically transmitted to a data collection server such as the data collection server 162 of FIG. 1A for processing (Para. 67); and
receiving, from a second node, e.g., media monitoring device 160/160’ located within STB 1100 (Figs. 7, 11, el. 160, 160), that is downstream of the first node in the delivery network, a second indication of that the advertisement, in the content stream, was streamed by the second node to the first user device, e.g., STB 1100 (Fig. 11, el. 1100); the media monitoring devices 160 and 160' are configured to monitor the media content stream received from the demultiplexer 146, the storage device 150, and/or the decoder 152 for identifying data and/or content identification data, and the media monitoring devices 160 and 160' are configured to transmit collected identifying tags, generated signatures, and/or program transition information to a metering device 154, to a data collection server 162 (Para. 87),
wherein the first information is based on the first indication and the second indication, e.g., the remote communications source 202 and the local communications source 204 are configured to gather data to be associated with the media content stream, the data received by the remote and/or local communications sources 202 and 204 may additionally include log files (local content description/identification, when, and where local content has been inserted) generated by the local content insertion modules 115, 123, 133 and 149, wherein the log files may contain details regarding which sections of the primary content have been replaced with local content and/or the reasoning as to why the content was replaced, wherein this data can be used to indicate that local content has been inserted and where that content was inserted, wherein the remote communications source may any of the data sources example provided for the local communications source 204 provided that data sources are located at a remote location such as a data collection center (Fig. 2, el. 202; Para. 50).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Maharajh in view of Tidwell to include receiving, from a first node in a delivery network, a first indication that the advertisement was inserted into a content stream; and receiving, from a second node that is downstream of the first node in the delivery network, a second indication of that the advertisement, in the content stream, was streamed by the second node to the first user device, wherein the first information is based on the first indication and the second indication, using the known method of inserting an advertisement into video content, encoding a tag indicating the advertisement, sending the tag to a data collection server, collecting the tag at the STB, and sending the tag to the data collection server, as taught by Ramaswamy, in combination with the advertisement verification system of Maharajh in view of Tidwell, for the purpose of providing a more accurate method of identifying media content consumed at the end user’s location (Ramaswamy-Para. 5).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
O’Neil (US 2002/0107027 A1)—O’Neil discloses Advertisement database 450 includes fields for a user ID 451, a merchant's willingness to pay 452, an advertisement 453 and delivery type 454. The delivery type 454 stores an indication of the medium used to deliver the advertisement to the user (Para. 38).
Slothouber et al. (US 2010/0299715 A1)—Slothouber discloses dynamically creating and inserting an application into an MPEG program transport stream. The application may be subsequently run on a customer premises equipment (CPE) device to effect switching between content streams for presentation to viewers based on other available data, such as targeting information (Abstract). Slothouber further discloses the QAM 125 may be a computer system or other hardware and/or software implementation to receive the multi-program transport stream, and to convert the stream into a form to transmit across the broadcast network 130. For example, the QAM 125 may use Quadrature amplitude modulation to turn the multi-program transport stream into an RF Signal. The QAM 125 may also enable the multi-program transport stream to be broken into packets for transport across a packet-based network, or may modulate the multi-program transport stream so that it can be broadcast over another kind of radio frequency medium (Para. 36).
Engel et al. (US 2012/0005527 A1)—Engel discloses the communication between the CPE 106, PMD 107 and the third party entity 202 occurs via any number of different modes such as e.g., the Internet (Para. 108). Content is delivered via the aforementioned delivery network, while data regarding the user's interaction with content is collected and transmitted via an IP backhaul to the third party entity (Para. 109), wherein the terms "network" and "bearer network" refer generally to any type of telecommunications or data network including hybrid fiber coax (HFC) networks, satellite networks, telco networks, and data networks, and such networks or portions thereof may utilize any one or more different topologies (e.g., ring, bus, star, loop, etc.), transmission media (e.g., wired/RF cable, RF wireless, millimeter wave, optical, etc.) and/or communications or networking protocols (e.g., SONET, DOCSIS, IEEE Std. 802.3, ATM, X.25, Frame Relay, 3GPP, 3GPP2, WAP, SIP, UDP, FTP, RTP/RTCP, H.323, etc.) (Para. 60).
Ahanger et al. (US 2008/0307454 A1)—Ahanger discloses the reporting service may generate from the collected data the report identifying the one or more user actions associated with each of the ads delivered at each of the insertion points during the playback of the video media. The reporting service may also generate from the collected data the report to identify the number of delivered ads by format (Para. 24).
Conclusion
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08 July 2026
/Jeremy S Duffield/Primary Examiner, Art Unit 2498
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