DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed 1/22/2026 has been entered.
The 35 U.S.C. 112(b) rejection of claims 1-6, 8-14, and 17-20 is withdrawn based on Applicant’s amendments.
Claim Status
Claims 1-6, 8-14, and 17-20 are pending in this Office Action.
Claims 1, 13, and 20 are amended.
Claims 7, 15, and 16 are cancelled.
Response to Arguments
Applicant’s arguments with respect to claims 1, 13, and 20 have been considered but, are moot in view of the new ground(s) of rejection.
Potentially Allowable Subject Matter
While a determination of allowability would require further search, the subject matter described in paragraph 51 regarding selecting the media item using a machine learning model that is provided profile data, media attribute data, and/or popularity signals as input, appears to distinguish at least over the art of record and may be allowable if it were incorporated into the claims.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-5, 8-13, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Escobar et al. (US 2002/0053084) in view of Millar et al. (US 2024/0406469) and further in view of Zhou et al. (US 11,030,078).
Regarding claims 1, 13, and 20, Escobar teaches: A method, a computing system, and a non-transitory computer-readable storage medium for use in connection with a streaming-media system comprising a publisher system and a presentation device, wherein the publisher system includes one or more data storage components that store media items, respective media attribute data, and respective advertisements [(abstract, Fig. 1)], the method comprising:
obtaining media attribute data [The host 135 or processor 240 may obtain media data, such as related to available web content or movies, or EPG data, such as a description of channels and programming (par. 48-49, 53, 59, 62, and 69-70, Fig. 1, 3, 4A, and 5)]
obtaining user profile data [The host 135 or processor 240 may obtain user data including the user’s viewing habits and interests (par. 58 and 69-70)]
using at least (i) the obtained media attribute data and (ii) the obtained user profile data, as a basis to select a media item of the system [selecting a media item based on the available media items and the user’s interests, such as an online interview of super bowl champion, The Mummy Returns, or Headlines on the Duke Basketball Report, or favorite channels TV land, ESPN, and the Sci-Fi channel and corresponding programs (par. 58-59, 61-62, and 69-70, Fig. 4A)]
obtaining from the publisher system, multiple advertisements that corresponds with the selected media item [Obtaining multiple advertisements from the host 135 that correspond with the selected media item because they are also directed to the viewer's interests and are to be displayed adjacent to the selected media item (par. 62, 64, 67, and 78-79, Fig. 1-2, 4A and 4B)]
using a placeholder attribute of the media selection menu as a basis to select an advertisement from among the obtained multiple advertisements [using an attribute, such as the type of device to display the EPG, a screen size of the device to display the EPG, or a particular advertising section 460 and based on at least one of these an advertisement may be selected to be inserted in the advertisement section 460 (par. 49, 60-62, 64, and 78-79, Fig. 4A)] and
causing the presentation device to present, within a media selection menu of the presentation device, the selected advertisement [the advertisement is displayed within the EPG, for example in the advertising section 460 (par. 59, 62, 64, 67, 78-79, Fig. 1-2, 4A, and 4B)].
Escobar does not explicitly disclose: storing mapping data; the media attribute data (used as a basis for selecting a media item) is obtained from the publisher system; wherein each of the multiple advertisements that corresponds with the selected media item has a different aspect ratio, wherein the stored mapping data maps the selected media item to the multiple advertisements that correspond with the selected media item, and wherein the obtaining comprises using the stored mapping data to identify the multiple advertisements to be obtained; and the obtained multiple advertisements are mapped to in the mapping data.
Millar teaches: storing mapping data; wherein the stored mapping data maps the selected media item to the multiple advertisements that correspond with the selected media item, and wherein the obtaining comprises using the stored mapping data to identify the multiple advertisements to be obtained; and the obtained multiple advertisements are mapped to in the mapping data [storing an ad schedule that identifies, for each spot SP1, SP3, within or between a program, a corresponding list of ads. Receiving the list of ads and selecting from those ads based on a subscriber profile and one or more criteria (par. 5, 18-19, and 38-45, Fig. 1 and 2)].
It would have been obvious to one of ordinary skill in the art, having the teachings of Escobar and Millar before the effective filing date of the claimed invention to modify the method of Escobar by incorporating stored mapping data that maps the selected media item to the multiple advertisements that correspond with the selected media item, and using the stored mapping data to identify the multiple advertisements to be obtained as disclosed by Millar. The motivation for doing so would have been to allow for scheduling a list of ads in advance from which the ad best targeted to the user may be selected (Millar – par. 20). Therefore, it would have been obvious to combine the teachings of Escobar and Millar in obtaining the invention as specified in the instant claim.
Millar does not explicitly disclose: the media attribute data (used as a basis for selecting a media item) is obtained from the publisher system; and wherein each of the multiple advertisements that corresponds with the selected media item has a different aspect ratio.
Zhou teaches: the media attribute data is obtained from the publisher system [a publisher system, the publisher may specify one or more of the following: a type of media for the test advertisement (e.g., image, video, set of images, etc.); media properties (col. 2, lines 54-60, col. 6, lines 26-67, Fig. 6)]
wherein each of the multiple advertisements that corresponds with the selected media item has a different aspect ratio [each advertisement type may specify an aspect ratio (col. 1, lines 48-50 and col. 7, lines 39-42)].
It would have been obvious to one of ordinary skill in the art, having the teachings of Escobar, Millar, and Zhou before the effective filing date of the claimed invention to modify the method of Escobar and Millar by incorporating the teaching of Zhou such that the media attribute data is obtained from the publisher system; and wherein each of the multiple advertisements that corresponds with the selected media item has a different aspect ratio. The motivation for doing so would have been to improve generating of revenue (Zhou – col. 3, lines 11-12). Therefore, it would have been obvious to combine the teachings of Escobar and Millar with Zhou to obtain the invention as specified in the instant claim.
Regarding claim 2, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: the selected media item is a movie or a television show episode [The Mummy Returns, Headlines on the Duke Basketball Report, or Gilligan’s Island (par. 62 and 67) (Fig. 4A and 4B)].
Regarding claim 3, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: the obtained media attribute data is a popularity ranking [the viewer's three most popular channels (par. 59)].
Regarding claim 4, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: the obtained user profile data is user demographic data or user historical viewing data [viewer demographic data and viewer input commands, patterns, habits, and preferences of the viewer (par. 55-57, and 62)].
Regarding claim 5, Escobar, Millar, and Zhou teach the method of claim 1; Millar further teaches: obtaining the user profile data comprises obtaining the user profile data from the publisher system [accessing the profile of the subscriber from segmentation and analytics service 70, connected to a subscriber management service 80 (par. 39, Fig. 1)].
Regarding claim 8, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: the placeholder attribute is a size or aspect ratio of an image or video placeholder [the type of display device, such as the size of the screen or size of advertising section (par. 60-62, 64, and 78-79)].
Regarding claim 9, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: using at least (i) the obtained media attribute data and (ii) the obtained user profile data, as a basis to select a media item of the publisher system comprises using at least (i) the obtained media attribute data and (ii) the obtained user profile data, as a basis to select multiple media items of the publisher system [Determining multiple links, channels, or programs of interest based on the available media content and viewer interest data and displaying them in the EPG (par. 49, 59-62, Fig. 4A and 4B)].
Regarding claims 10 and 17, Escobar, Millar, and Zhou teach the method of claim 9; Escobar further teaches: causing the presentation device to present, within the media selection menu of the presentation device, the obtained multiple advertisements comprises causing the presentation device to present, within the media selection menu of the presentation device, a composite advertisement including the obtained multiple advertisements [displaying multiple advertisements as a composite, such as side by side as in 450 and 460, or rotating (par. 62, Fig. 4A)].
Regarding claims 11 and 18, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: causing the presentation device to present, within the media selection menu of the presentation device, the obtained multiple advertisements comprises causing the presentation device to present, within the media selection menu of the presentation device, a rotating advertisement that rotates through the obtained multiple advertisements [the display of advertisements may be rotated to display a number of advertisements (par. 61-62, Fig. 4A and 4B)].
Regarding claims 12 and 19, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: selecting based on input received via a user interface of the presentation device, the presented advertisement; and responsive to selecting the presented advertisement: (i) obtaining from the publisher system, the media item corresponding to the advertisements; and (ii) presenting the obtained media item [the user may select the advertisement and navigate to the media item, such as web content or a movie trailer (par 59 and 62, Fig. 4A and 4B)].
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Escobar et al. (US 2002/0053084 A1) in view of Millar et al. (US 2024/0406469), further in view of Zhou et al. (US 11,030,078), and further in view of Gordon (US 2012/0117584 A1).
Regarding claims 6 and 14, Escobar, Millar, and Zhou teach the method of claim 1; Escobar further teaches: using at least (i) the obtained media attribute data and (ii) the obtained user profile data, as a basis to select the media item of the publisher system comprises using at least (i) the obtained media attribute data, (ii) the obtained user profile data, as a basis to select the media item of the publisher system [selecting a media item, such as an online interview of super bowl champion, The Mummy Returns, or Headlines on the Duke Basketball Report based on the available media items and the user’s interests (par. 59, 61-62, and 69-70)].
Escobar, Millar, and Zhou do not explicitly disclose: using (iii) a third-party popularity signal as a basis to select the media item of the publisher system.
Gordon teaches: using (iii) a third-party popularity signal as a basis to select the media item of the publisher system [using a rating, such as Nielsen TV Ratings, as well as content characteristics or metadata as a basis for selecting a media item that best matches the interests of the viewer (par. 98 and 173)].
It would have been obvious to one of ordinary skill in the art, having the teachings of Escobar, Millar, Zhou, and Gordon before the effective filing date of the claimed invention to modify the method of Escobar, Millar, and Zhou by incorporating using (iii) a third-party popularity signal as a basis to select the media item of the publisher system as disclosed by Gordon. The motivation for doing so would have been to quickly, accurately and efficiently determine the content that is to be displayed at a media system and customize the content so as to provide additional value to end-users (Gordon – par. 4). Therefore, it would have been obvious to combine the teachings of Escobar, Millar, and Zhou with Gordon to obtain the invention as specified in the instant claim.
Conclusion
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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/ALEXANDER BOYD/Examiner, Art Unit 2424
/BENJAMIN R BRUCKART/Supervisory Patent Examiner, Art Unit 2424
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