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 .
Status of claims
This office action is in response to the RCE filed on 8/7/2025.
Claims 1, 9, and 15 have been amended.
Claims 7 and 8 have been canceled.
Claims 21 and 22 have been added.
Claims 1-6 and 9-22 are pending and have been examined.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/7/2025 has been entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6 and 9-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-6, 21, and 22 are directed to a computing system. Claims 9-14 are directed to a method. Claims 15-20 are directed to a non-transitory computer readable medium. Thus, on their face they fall within the four statutory categories of patentable subject matter.
Step 2A prong 1:
Claims 1, 9, and 15 recite virtually identical limitations and as such will be addressed together. Each claims additional elements will be addressed individually. The following limitations, when considered individually and as an ordered combination, are merely descriptive of abstract concepts:
Claims 1, 9, 15:
monitoring the media exposure of a specific panelist of panelists recruited by an audience measurement entity, wherein the specific panelist is carrying a respective portable media meter of the portable media meters;
presenting media to the panelists, wherein the specific panelist is using a specific entity;
further monitoring the media exposure of the specific panelist when using their respective specific entity:
generating corresponding monitoring data
receiving the generated monitoring data collected by the portable media meters associated with the panelist media devices in panel homes recruited by the audience measurement entity;
receiving automatic content recognition (ACR) data collected by multiple smart televisions which monitor media exposure in smart television households;
receiving return path data (RPD) collected by a media service provider, the RPD including tuning events associated with set-top boxes in RPD households;
receiving reference advertisement data collected by an advertisement provider system for an addressable advertisement, wherein the reference advertisement data corresponds to an addressable target file that identifies which set-top boxes or smart televisions were served the addressable advertisement and when ones of the set-top boxes or ones of the ACR devices served the addressable advertisement;
processing the reference advertisement data to identify served reportable addressable impressions associated with the ones of the smart televisions or the ones of the set-top boxes to which the addressable advertisement was served;
processing the generated monitoring data, ACR data, and the RPD to identify exposed reported addressable impressions associated with presentation of the addressable advertisement by ones of the panelist media devices, smart televisions, or set-top boxes;
estimating unreported addressable impressions for a plurality of unreported media devices for the addressable advertisement based on an impressions adjustment ratio of the served reportable addressable impressions to the exposed reported addressable impressions;
calculating at least one of reach or frequency for the addressable advertisement to account for the unreported media devices, the at least one of the reach or the frequency determined based on the exposed reported addressable impressions, the estimated unreported addressable impressions, and the impressions adjustment ratio; and
transmitting the at least one of the reach or the frequency to storage
The following dependent claim limitations, when considered individually and as an ordered combination, are merely further descriptive of abstract concepts:
Claims 2, 10, 16:
wherein the reference advertisement data identifies which households were served the addressable advertisement.
Claims 3, 11, 17:
wherein estimating the unreported addressable impressions comprises estimating the unreported addressable impressions by applying the impressions adjustment ratio to the exposed reported addressable impressions.
Claims 4,12, 18:
wherein calculating the at least one of the reach or the frequency comprises determining total campaign impressions for the addressable advertisement by determining a sum of the exposed reported addressable impressions and the estimated unreported addressable impressions.
Claims 5, 13, 19:
wherein calculating the at least one of the reach or the frequency comprises calculating a total reach by determining a sum of a first reach across reported households associated with the reporting media devices and a second reach across unreported households associated with the unreported media devices.
Claims 6, 14, 20:
wherein transmitting the at least one of the reach or the frequency to the storage comprises reporting the at least one of the reach or the frequency to an advertisement provider of the addressable advertisement.
Claim 21:
wherein the reach is defined as a number of impressions from unique audience members.
Claim 22:
wherein the frequency is defined as a total number of impressions divided by the reach.
The claims provide a manner of analyzing data to determine reported impressions and estimate the number or unreported impressions to calculate the reach or frequency of an advertisement. Thus, when considered individually and as an ordered combination, the claims embody certain methods of organizing human activity. Specifically, such activity is in the form of commercial interactions (in the form of advertising, marketing or sales activities or behaviors) as the claims analyze data to determine the reach or frequency of an advertisement.
Step 2A prong 2: This judicial exception is not integrated into a practical application. The claims include the following additional elements: computing system comprising a network interface (claim 1, 9); data center comprising a processor and a memory (claim 1, 9); database (claim 1); portable media meters (claim 1, 9, 15); mobile phone (claims 1, 9, 15); wherein the monitoring data includes hidden watermarks that identify the media associated with the panelist devices and processing the monitoring data that includes the hidden watermarks (claims 1,9, and 15); non-transitory computer readable medium having stored therein instructions (claim 15);
The computing system comprising a network interface, data center comprising a processor and a memory, database, and non-transitory computer readable medium having stored therein instructions, portable media meters, and mobile device are recited at a high level of generality and merely “apply it” (the abstract idea) using generic computing components (paragraph [0056], [0112]-[0124]) . The computing devices merely send and receive data (receiving, transmitting) and process data (identify, estimating, calculating, monitoring, presenting, generating). Therefore, nothing in the claims improves upon computers themselves, computer technology, or a technical field. (See MPEP 2106.05(f).)
The limitations of wherein the monitoring data includes hidden watermarks that identify the media associated with the panelist devices and processing the monitoring data that includes the hidden watermarks are insignificant extra solution activity of data gathering are recited at a high level of generality and merely “apply it” (the abstract idea) using generic computing devices. Nothing in the claims improves upon watermarking technology or a technical field. (See MPEP 2106.05(f)). Further, the use of watermarking is only tangentially related to the invention and is considered insignificant extra solution activity of data gathering (See MPEP 2106.05(g)).
Accordingly, when considered both individually and as an ordered combination, the additional elements do not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Similarly, as above with regard to practical application, the additional elements when considered both individually and as an ordered combination, do not provide an inventive concept as they merely provide generic computing components used as a tool to implement the abstract idea and provide insignificant extra solution activity of data gathering.
Further, hidden watermarks that identify the media associated with the panelist devices and processing the monitoring data that includes the hidden watermarks to identify content was well-understood, routine, and conventional at the time of the invention. (See https://www.reddit.com/r/askscience/comments/j6r298/comment/g804ea7/ - “These days, it's more common to use a device which picks up inaudible tones embedded in the broadcast and uses this information to determine what station is being listened to and when.” – Oct 7, 2020; www.egta.com/wp-content/uploads/publications/2020_egta_insight_tam.pdf - Ipsos world’s largest market research offering measurement services in 21 countries including using audio matching and audio water marking to identify content – 2020; spec [0030] – “Existing audio watermarking techniques identify media by embedding one or more audio codes (e.g., one or more watermarks), such as media identifying information and/or an identifier that may be mapped to media identifying information, into an audio and/or video component.”; https://www.amazon.science/blog/audio-watermarking-algorithm-is-first-to-solve-second-screen-problem-in-real-time - conventional audio watermarking uses sequence of noise blocks and the detector looks for that sequence in the audio signal – Mar 28, 2019; McMillan et al – US 2011/0246202 – [0002] “Audio watermarking is a common technique used to identify media content, such as television broadcasts, radio broadcasts, downloaded media content, streaming media content, prepackaged media content, etc., presented to a media consumer. Existing audio watermarking techniques identify media content by embedding an audio watermark, such as identifying information or a code signal, into an audible audio component having a signal level sufficient to hide the audio watermark.” – Oct. 6, 2011;
As a result, the claims are not patent eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6 and 9-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muller et al (US 2016/0080789) in view of Zhou et al (US 2017/0213241) in view of McMillan et al (US 2011/0246202) in view of Guiterrez (2014/0273822)
Claims 1, 9, and 15 recite virtually identical claim limitations but for their preamble. The limitations common to all three claims will be addressed together.
Muller teaches:
As per claim 1:
A computing system comprising:
a network interface configured to (paragraph [0038]):
a data center comprising a processor and a memory, the data center configured to perform a set of acts comprising (paragraph [0038]):
As per claim 9:
A method comprising (paragraph [0001], claim 1) :
As per claim 15:
A non-transitory computer-readable medium having stored therein instructions that when executed by a computing system cause the computing system to perform a set of acts comprising (paragraph [0045] ):
As per claims 1, 9, 15:
wherein the generated monitoring data includes {fingerprints} that identify the media associated with the specific mobile of the panelist media devices (paragraph [0080] FIG. 8 is a flowchart illustrating an exemplary embodiment of a Viewing Data Collector 800 routine. Viewing Data Collector 800 may be executed by, for example, Smart TV 400. Viewing Data Collector 800 may be loaded in Smart TV 400 by, for example, a manufacturer or distributor of Smart TV 400 or by a party otherwise entitled to install software on Smart TV 400. [0081] At block 805, Viewing Data Collector 800 may receive audio and/or video samples or hashes or fingerprints or another representation of advertisements which have been assigned an iSpot Ad ID 320, the corresponding iSpot Ad IDs 320, samples, hashes, or fingerprints or another representation of shows, and corresponding Show IDs 350. The audio and/or video samples, hashes, fingerprints, or representation of both advertisements and shows may be stored in Smart TV Datastore 500 as iSpot Sample 505; iSpot Ad IDs 320 may be stored in Smart TV Datastore 500 as iSpot Ad IDs 510; Show IDs 350 may be stored in Smart TV Datastore 500 as Show IDs 515. [0086] At block 830 a sample of content rendered by Smart TV 400 may be obtained from Smart TV 400 by Viewing Data Collector 800. The sample may be, for example, 1 frame-per-second of video. This sample, hash, fingerprint, or representation thereof may be saved as, for example, Smart TV Sample 530. [0088] ] At block 840, a determination may be made regarding whether Smart TV Sample 530 matches an existing iSpot Ad ID, a Show ID 515, or whether no match is obtained. This determination may involve a comparison of Smart TV Sample 530 to iSpot Sample 505, which iSpot Samples may be associated with a corresponding iSpot Ad IDs 510 and Show IDs 515. The comparison may be made by, for example, an Automated Content Recognition (“ACR”) algorithm executed by Smart TV 400 or by Viewing Data Collector 800, which ACR system (or the like) may use the Smart TV Sample 530 as a reference. [0090] If at block 840 the match was to an iSpot Ad ID 510, then at block 855 the matching iSpot Ad ID 510 may be returned. [0094] At block 875, the information collected by Viewing Data Collector 800 may be transmitted to iSpot Server 200 as, for example, Smart TV Data 520 records, Show ID 515 records, and iSpot Ad ID 510 records. This information may further identify which iSpot Samples 505 were found, as well as a confidence score relating to block 840 to 860. The {…} indicate a modification to the claim language to show what has been expressly taught by Muller. Limitations regarding the use of hidden watermarks for identifying content will be addressed below.)
receive automatic content recognition (ACR) data collected by multiple smart televisions which monitor media exposure in smart television households, (paragraph [0080] FIG. 8 is a flowchart illustrating an exemplary embodiment of a Viewing Data Collector 800 routine. Viewing Data Collector 800 may be executed by, for example, Smart TV 400. Viewing Data Collector 800 may be loaded in Smart TV 400 by, for example, a manufacturer or distributor of Smart TV 400 or by a party otherwise entitled to install software on Smart TV 400. [0081] At block 805, Viewing Data Collector 800 may receive audio and/or video samples or hashes or fingerprints or another representation of advertisements which have been assigned an iSpot Ad ID 320, the corresponding iSpot Ad IDs 320, samples, hashes, or fingerprints or another representation of shows, and corresponding Show IDs 350. The audio and/or video samples, hashes, fingerprints, or representation of both advertisements and shows may be stored in Smart TV Datastore 500 as iSpot Sample 505; iSpot Ad IDs 320 may be stored in Smart TV Datastore 500 as iSpot Ad IDs 510; Show IDs 350 may be stored in Smart TV Datastore 500 as Show IDs 515. [0086] At block 830 a sample of content rendered by Smart TV 400 may be obtained from Smart TV 400 by Viewing Data Collector 800. The sample may be, for example, 1 frame-per-second of video. This sample, hash, fingerprint, or representation thereof may be saved as, for example, Smart TV Sample 530. [0088] ] At block 840, a determination may be made regarding whether Smart TV Sample 530 matches an existing iSpot Ad ID, a Show ID 515, or whether no match is obtained. This determination may involve a comparison of Smart TV Sample 530 to iSpot Sample 505, which iSpot Samples may be associated with a corresponding iSpot Ad IDs 510 and Show IDs 515. The comparison may be made by, for example, an Automated Content Recognition (“ACR”) algorithm executed by Smart TV 400 or by Viewing Data Collector 800, which ACR system (or the like) may use the Smart TV Sample 530 as a reference. [0090] If at block 840 the match was to an iSpot Ad ID 510, then at block 855 the matching iSpot Ad ID 510 may be returned. [0094] At block 875, the information collected by Viewing Data Collector 800 may be transmitted to iSpot Server 200 as, for example, Smart TV Data 520 records, Show ID 515 records, and iSpot Ad ID 510 records. This information may further identify which iSpot Samples 505 were found, as well as a confidence score relating to block 840 to 860.)
receive return path data (RPD) collected by a media service provider, the RPD including tuning events associated with set-top boxes in RPD households, and (paragraph [0025] As used herein, “Smart TV” is a television or set-top box with an integrated computer and Internet services. [0080] FIG. 8 is a flowchart illustrating an exemplary embodiment of a Viewing Data Collector 800 routine. Viewing Data Collector 800 may be executed by, for example, Smart TV 400. Viewing Data Collector 800 may be loaded in Smart TV 400 by, for example, a manufacturer or distributor of Smart TV 400 or by a party otherwise entitled to install software on Smart TV 400. [0081] At block 805, Viewing Data Collector 800 may receive audio and/or video samples or hashes or fingerprints or another representation of advertisements which have been assigned an iSpot Ad ID 320, the corresponding iSpot Ad IDs 320, samples, hashes, or fingerprints or another representation of shows, and corresponding Show IDs 350. The audio and/or video samples, hashes, fingerprints, or representation of both advertisements and shows may be stored in Smart TV Datastore 500 as iSpot Sample 505; iSpot Ad IDs 320 may be stored in Smart TV Datastore 500 as iSpot Ad IDs 510; Show IDs 350 may be stored in Smart TV Datastore 500 as Show IDs 515. [0086] At block 830 a sample of content rendered by Smart TV 400 may be obtained from Smart TV 400 by Viewing Data Collector 800. The sample may be, for example, 1 frame-per-second of video. This sample, hash, fingerprint, or representation thereof may be saved as, for example, Smart TV Sample 530. [0088] ] At block 840, a determination may be made regarding whether Smart TV Sample 530 matches an existing iSpot Ad ID, a Show ID 515, or whether no match is obtained. This determination may involve a comparison of Smart TV Sample 530 to iSpot Sample 505, which iSpot Samples may be associated with a corresponding iSpot Ad IDs 510 and Show IDs 515. The comparison may be made by, for example, an Automated Content Recognition (“ACR”) algorithm executed by Smart TV 400 or by Viewing Data Collector 800, which ACR system (or the like) may use the Smart TV Sample 530 as a reference. [0090] If at block 840 the match was to an iSpot Ad ID 510, then at block 855 the matching iSpot Ad ID 510 may be returned. [0094] At block 875, the information collected by Viewing Data Collector 800 may be transmitted to iSpot Server 200 as, for example, Smart TV Data 520 records, Show ID 515 records, and iSpot Ad ID 510 records. This information may further identify which iSpot Samples 505 were found, as well as a confidence score relating to block 840 to 860.)
receive reference advertisement data collected by an advertisement provider system for an addressable advertisement, wherein the reference advertisement data corresponds to an addressable target file that identifies which set-top boxes or smart televisions were served the addressable advertisement and when one of the set-top boxes or ones of the ACR devices served the addressable advertisement and (paragraph [0041] The information collected by Smart TV 400 regarding the Smart TV 400, itself, comprises identifiers of the Smart TV 400 and of an IP Address or the like assigned to Smart TV 400 and the Designated Market Area (“DMA”) in which the Smart TV 400 is located. The information collected by Smart TV 400 regarding linear television transmitted via TV Distribution Media 180 comprises a channel which Smart TV 400 received and rendered, a network call sign which may be associated with the channel, a show identifier of a show rendered by Smart TV 400 on the channel, and an iSpot Ad ID of an advertisement in the show rendered by Smart TV 400. [0042] Ad Insertion Type Determiner 1000 categorizes content rendered by Smart TV 400 as being live or time shifted, categorizes non-national advertisement insertions as being regional or dynamic, and categorizes programming sources as being on-demand, OTT, or Internet. [0066] At block 655 the Samples 385, such as the present Sample 385, and/or a hash, fingerprint, or representation for the advertisement may also be stored or may be labeled to be stored after all Samples 385 in the advertisement have been processed. [0068] At block 665, the advertisement may be assigned an iSpot Ad ID 320 and, at block 670, which may follow block 645 if affirmative at block 645, data regarding the occurrence of the advertisement may be recorded, such as in or in association with iSpot Ad ID 320, which data may comprise information such as a timestamp or timestamps for the advertisement (such as timestamps for different time zones), the iSpot Ad ID and the Show ID in which the advertisement occurred, the Pod number, commercial break number, or Ad Slot within the show (which may be recorded as Pod 355 and/or as Ad Slot 395), the market in which the ad was shown (such as a DMA 365), the Operator 160 and TV Distribution Media 180 of the show and advertisement, a confidence score which may have been generated in block 1100 to determine whether the Sample 385 is an advertisement or which may have been used in block 645 to determine that the Sample 385 was a match with an existing iSpot Ad ID 320, the type of advertisement or the Ad Slot in which the advertisement appeared (as may be determined by, for example, Ad Insertion Type Determiner 1000), the estimated spending by the Advertiser 390 on the advertisement (“Estimated Spend”), a hash or representation of the Sample, and the like. [0077] If negative at block 720, then at block 730 Ad Slot 395 for Show ID 350 may be categorized as a “not national” Ad Slot or as a “regional/local/dynamic” Ad Slot. Regional Ad Slots are Ad Slots which are sold or allocated to regional operators or advertising agencies to fill. Regional Ad Slots may be further categorized as “local” Ad Slots if different advertisements are found in the same Ad Slot within a region. Dynamic Ad Slots are regional or local Ad Slots which are filled dynamically by, for example, Operator 160 or an affiliate, and may be dynamically addressed to individual households or areas. [0088] At block 840, a determination may be made regarding whether Smart TV Sample 530 matches an existing iSpot Ad ID, a Show ID 515, or whether no match is obtained. This determination may involve a comparison of Smart TV Sample 530 to iSpot Sample 505, which iSpot Samples may be associated with a corresponding iSpot Ad IDs 510 and Show IDs 515.)
processing the reference advertisement data to identify served reportable addressable impressions associated with the ones of the smart televisions or the ones of the set-top boxes to which the addressable advertisement was served, (paragraph [0042] Ad Insertion Type Determiner 1000 categorizes content rendered by Smart TV 400 as being live or time shifted, categorizes non-national advertisement insertions as being regional or dynamic, and categorizes programming sources as being on-demand, OTT, or Internet. [0066] At block 655 the Samples 385, such as the present Sample 385, and/or a hash, fingerprint, or representation for the advertisement may also be stored or may be labeled to be stored after all Samples 385 in the advertisement have been processed. [0068] At block 665, the advertisement may be assigned an iSpot Ad ID 320 and, at block 670, which may follow block 645 if affirmative at block 645, data regarding the occurrence of the advertisement may be recorded, such as in or in association with iSpot Ad ID 320, which data may comprise information such as a timestamp or timestamps for the advertisement (such as timestamps for different time zones), the iSpot Ad ID and the Show ID in which the advertisement occurred, the Pod number, commercial break number, or Ad Slot within the show (which may be recorded as Pod 355 and/or as Ad Slot 395), the market in which the ad was shown (such as a DMA 365), the Operator 160 and TV Distribution Media 180 of the show and advertisement, a confidence score which may have been generated in block 1100 to determine whether the Sample 385 is an advertisement or which may have been used in block 645 to determine that the Sample 385 was a match with an existing iSpot Ad ID 320, the type of advertisement or the Ad Slot in which the advertisement appeared (as may be determined by, for example, Ad Insertion Type Determiner 1000), the estimated spending by the Advertiser 390 on the advertisement (“Estimated Spend”), a hash or representation of the Sample, and the like. [0077] If negative at block 720, then at block 730 Ad Slot 395 for Show ID 350 may be categorized as a “not national” Ad Slot or as a “regional/local/dynamic” Ad Slot. Regional Ad Slots are Ad Slots which are sold or allocated to regional operators or advertising agencies to fill. Regional Ad Slots may be further categorized as “local” Ad Slots if different advertisements are found in the same Ad Slot within a region. Dynamic Ad Slots are regional or local Ad Slots which are filled dynamically by, for example, Operator 160 or an affiliate, and may be dynamically addressed to individual households or areas. [0088] At block 840, a determination may be made regarding whether Smart TV Sample 530 matches an existing iSpot Ad ID, a Show ID 515, or whether no match is obtained. This determination may involve a comparison of Smart TV Sample 530 to iSpot Sample 505, which iSpot Samples may be associated with a corresponding iSpot Ad IDs 510 and Show IDs 515.)
processing the generated monitoring data that includes {…}, the ACR data, and the RPD to identify exposed reported addressable impressions associated with presentation of the addressable advertisement by the panelist media devices, the smart televisions, or the set-top boxes, (paragraph [0080] In overview, Smart TV 400 (defined above) is owned or possessed by a television viewer. Smart TV 400 executes Viewing Data Collector 800 to collect information regarding Smart TV 400, itself, as well as regarding linear television transmitted via TV Distribution Media 180. The information collected by Smart TV 400 regarding the Smart TV 400, itself, comprises identifiers of the Smart TV 400 and of an IP Address or the like assigned to Smart TV 400 and the Designated Market Area (“DMA”) in which the Smart TV 400 is located. The information collected by Smart TV 400 regarding linear television transmitted via TV Distribution Media 180 comprises a channel which Smart TV 400 received and rendered, a network call sign which may be associated with the channel, a show identifier of a show rendered by Smart TV 400 on the channel, and an iSpot Ad ID of an advertisement in the show rendered by Smart TV 400. [0042] [0097] At block 905, Smart TV Data Collector 900 may receive Smart TV Data 520, such as from Smart TV 400 and Viewing Data Collector 800.)
estimating unreported addressable impressions for unreported media devices for the addressable advertisement based on an impressions adjustment ratio of the served reportable addressable impressions to the exposed reported addressable impressions, (paragraph [0100] At block 925, the number of impressions for each iSpot Ad ID 510 in or associated with the Smart TV Data 520 in the DMA may be determined by dividing the number of reporting Smart TVs 400 in the Smart TV Data 520 of block 905 by the number of tracked TVs (which may be either i) Smart TVs 400 which could potentially report or ii) all TVs) and multiplying the product of the foregoing by the number of television households in the DMA.)
calculating at least one of reach or frequency for the addressable advertisement to account for the unreported media devices, the at least one of the reach or the frequency calculated based on the exposed reported addressable impressions, the unreported addressable impressions, and the impressions adjustment ratio, and (paragraph [0100] At block 925, the number of impressions for each iSpot Ad ID 510 in or associated with the Smart TV Data 520 in the DMA may be determined by dividing the number of reporting Smart TVs 400 in the Smart TV Data 520 of block 905 by the number of tracked TVs (which may be either i) Smart TVs 400 which could potentially report or ii) all TVs) and multiplying the product of the foregoing by the number of television households in the DMA.) [0102] At block 940, Smart TV Data Collector 900 may determine the total advertisement impressions across geo-political units by summing, for example, the ad impressions by DMA determined in block 925.
Muller does not expressly teach using hidden watermarks to identify media.
McMillan teaches:
{wherein the monitoring data includes} hidden watermarks {that identify the media associated with the panelist media devices} and {processing} hidden watermarks (paragraph [0002] Audio watermarking is a common technique used to identify media content, such as television broadcasts, radio broadcasts, downloaded media content, streaming media content, prepackaged media content, etc., presented to a media consumer. Existing audio watermarking techniques identify media content by embedding an audio watermark, such as identifying information or a code signal, into an audible audio component having a signal level sufficient to hide the audio watermark.[0016] As mentioned above, to identify media content, conventional audio watermarking techniques rely on an audio component of the media content having sufficient signal strength (e.g., audio level) to hide an embedded watermark such that the watermark is inaudible to a person perceiving the media content, but is detectable by a watermark detector. [0025] As discussed in greater detail below, the monitor 132 is able to decode audio watermarks used to identify substantially silent media content and/or one or more substantially silent media content components included in a media content presentation output by the game console 104 and/or television 108. Additionally, the monitor 132 may be configured to detect conventional audio watermarks embedded in audible audio signals output by the game console 104 and/or television 108.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein the monitoring data includes hidden watermarks that identify the media associated with the panelist media devices as taught by McMillan with the audience determination techniques of Muller in order to identify content while a signal that is below the perceivable hearing level of an average person so as not to disturb a user consuming content while still being able to identify it (paragraph [0002]). Further, using the hidden watermark content identification technique of McMillan in place of the finger printing technique of Muller is the simple substitution of one known element for another to obtain predictable results as each individual element and their functions are known in the art and the substitution is merely one known content identification technique for another known content identification technique.
Muller in view of McMillan does not expressly teach transmitting the at least one of the reach or the frequency to a computer database.
Zhou teaches:
transmitting the at least one of the reach or the frequency to a computer database. (paragraph [0032] The report data store 280 stores report data that includes information about reports generated for advertiser requests and describes the reach and frequency of online audience viewing or interacting advertisements provided by the advertisers 110. The report data is generated from the report generation module 240 and is used for the advertiser frontend module 250 to present reports in response to report requests from advertisers 110.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include transmitting the at least one of the reach or the frequency to a computer database as taught by Zhou with the audience determination techniques of Muller in view of McMillan in order to provide advertisers with reports that describe frequency and reach of their advertisements (paragraph [0032]).
Muller in view of McMillan in view of Zhou does expressly teach portable media meters, wherein each portable media meter is configured to monitor the media exposure of a specific panelist of panelists recruited by an audience measurement entity and to generate corresponding monitoring data, wherein the specific panelist is carrying a respective portable media meter of the portable media meters; panelist media devices configured to present media to panelists, the panelist media devices including mobile phones of the panelists, wherein the specific panelist is using a specific mobile phone of the mobile phones, wherein the respective portable media meter is further configured to monitor the media exposure of the specific panelist when using their respective specific mobile phone and to generate the corresponding monitoring data or receive the generated monitoring data collected by the portable media meters associated with the panelist media devices in panel homes recruited by the audience measurement entity.
Guiterrez teaches:
portable media meters, wherein each portable media meter is configured to monitor the media exposure of a specific panelist of panelists recruited by an audience measurement entity and to generate corresponding monitoring data, wherein the specific panelist is carrying a respective portable media meter of the portable media meters; (paragraph [0021] In particular, examples disclosed herein include mobile device peripherals and/or accessories that include metering equipment to monitor media presented via mobile devices and/or to monitor near-field communications of mobile devices. Accordingly, examples disclosed herein integrate a media meter into, for example, a case designed for a mobile device and/or other type of peripheral. As described in detail below, one or more types of sensors are deployed in example cases(s) and/or other peripherals disclosed herein to collect, for example, audio data associated with a media presentation generated by corresponding mobile devices carried by and/or coupled to example cases(s) and/or other peripherals disclosed herein. In some examples disclosed herein, the one or more sensors include a wireless interface paired with the mobile device. In such examples, the wireless interface is capable of collecting (e.g., intercepting) wireless data output by the mobile device. Additionally or alternatively, the one or more sensors of the disclosed examples include a microphone to collect an audio signal generated by the mobile device. By providing a mobile device peripheral (e.g., a case) including the one or more sensors, examples disclosed herein enable metering of media accessed on the mobile devices without having to install a software meter within the mobile devices. In doing so, examples disclosed herein provide a reliable solution to metering mobile devices. Further, by providing a mobile device case or other peripheral capable of monitoring media presentations, examples disclosed provide media meters that can be deployed in connection with any type of mobile device running any type of operating system. Further, by providing a mobile device case or other peripheral, examples disclosed herein position a media meter in continuous proximity with the corresponding mobile device and/or an output device thereof (e.g., a speaker) irrespective of the travels of the panelist carrying the device.)
panelist media devices configured to present media to panelists, the panelist media devices including mobile phones of the panelists, wherein the specific panelist is using a specific mobile phone of the mobile phones, wherein the respective portable media meter is further configured to monitor the media exposure of the specific panelist when using their respective specific mobile phone and to generate the corresponding monitoring data: (paragraph [0021] In particular, examples disclosed herein include mobile device peripherals and/or accessories that include metering equipment to monitor media presented via mobile devices and/or to monitor near-field communications of mobile devices. Accordingly, examples disclosed herein integrate a media meter into, for example, a case designed for a mobile device and/or other type of peripheral. As described in detail below, one or more types of sensors are deployed in example cases(s) and/or other peripherals disclosed herein to collect, for example, audio data associated with a media presentation generated by corresponding mobile devices carried by and/or coupled to example cases(s) and/or other peripherals disclosed herein. In some examples disclosed herein, the one or more sensors include a wireless interface paired with the mobile device. In such examples, the wireless interface is capable of collecting (e.g., intercepting) wireless data output by the mobile device. Additionally or alternatively, the one or more sensors of the disclosed examples include a microphone to collect an audio signal generated by the mobile device. By providing a mobile device peripheral (e.g., a case) including the one or more sensors, examples disclosed herein enable metering of media accessed on the mobile devices without having to install a software meter within the mobile devices. In doing so, examples disclosed herein provide a reliable solution to metering mobile devices. Further, by providing a mobile device case or other peripheral capable of monitoring media presentations, examples disclosed provide media meters that can be deployed in connection with any type of mobile device running any type of operating system. Further, by providing a mobile device case or other peripheral, examples disclosed herein position a media meter in continuous proximity with the corresponding mobile device and/or an output device thereof (e.g., a speaker) irrespective of the travels of the panelist carrying the device.)
receive the generated monitoring data collected by the portable media meters associated with the panelist media devices in panel homes recruited by the audience measurement entity (paragraph [0028] Thus, as described in detail below in connection with FIG. 5, the example meter 106 can capture monitoring information via a pairing with the smart phone 102 and route received data to an external device via the second wireless interface described above. [0047] In the illustrated example of FIG. 5, an output device 514 periodically and/or aperiodically exports the audience identification information and/or the media identification information from the memory 512 to a data collection facility 516 via a network (e.g., a local-area network, a wide-area network, a metropolitan-area network, the Internet, a digital subscriber line (DSL) network, a cable network, a power line network, a wireless communication network, a wireless mobile phone network, a Wi-Fi network, etc.). In some examples, the example meter 106 utilizes the communication capabilities (e.g., network connections) of the smart phone 102 to convey information to, for example, the data collection facility 516. In some examples, the output device 514 utilizes the communication module 116 of the example smart phone case 100 to communicate to, for example, the data collection facility 516.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include portable media meters, wherein each portable media meter is configured to monitor the media exposure of a specific panelist of panelists recruited by an audience measurement entity and to generate corresponding monitoring data, wherein the specific panelist is carrying a respective portable media meter of the portable media meters; panelist media devices configured to present media to panelists, the panelist media devices including mobile phones of the panelists, wherein the specific panelist is using a specific mobile phone of the mobile phones, wherein the respective portable media meter is further configured to monitor the media exposure of the specific panelist when using their respective specific mobile phone and to generate the corresponding monitoring data and receive the generated monitoring data collected by the portable media meters associated with the panelist media devices in panel homes recruited by the audience measurement entity as taught by Guiterrez with the media monitoring and advertisement tracking of Muller in view of McMillan in view of Zhou in order to monitor media provided to the panelist mobile device irrespective of the travels of the panelist carrying the device (paragraph [0021]).
Muller in view of McMillan in view of Zhou in view of Gutterez teaches the limitations of claim 1, 9, and 15. As per claims 2, 10, and 16:
Muller further teaches:
wherein the reference advertisement data identifies which households were served the addressable advertisement. (paragraph [0041] The information collected by Smart TV 400 regarding the Smart TV 400, itself, comprises identifiers of the Smart TV 400 and of an IP Address or the like assigned to Smart TV 400 and the Designated Market Area (“DMA”) in which the Smart TV 400 is located. The information collected by Smart TV 400 regarding linear television transmitted via TV Distribution Media 180 comprises a channel which Smart TV 400 received and rendered, a network call sign which may be associated with the channel, a show identifier of a show rendered by Smart TV 400 on the channel, and an iSpot Ad ID of an advertisement in the show rendered by Smart TV 400. [0082] At block 810, Viewing Data Collector 800 may obtain a unique TV identifier of the Smart TV 400, such as a MAC address or the like, and an IP Address utilized by the Smart TV 400. This data may be saved in or in association with, for example, a Smart TV Data 520 record. [0083] At block 815, Viewing Data Collector 800 may obtain the Designated Market Area (“DMA”) in which the Smart TV 400 is present. This may be obtained from a third party, such as 3.sup.rd party Computer 150, who may map the IP address of Smart TV 400 to a DMA and may provide this information to Viewing Data Collector 800, such as in response to a request for the same made by Viewing Data Collector 800.
Muller in view of McMillan in view of Zhou in view of Gutterez teaches the limitations of claim 1, 9, and 15. As per claims 3, 11, and 17:
Muller further teaches:
wherein estimating the unreported addressable impressions comprises estimating the unreported addressable impressions by applying the impressions adjustment ratio to the exposed reported addressable impressions. (paragraph [0100] At block 925, the number of impressions for each iSpot Ad ID 510 in or associated with the Smart TV Data 520 in the DMA may be determined by dividing the number of reporting Smart TVs 400 in the Smart TV Data 520 of block 905 by the number of tracked TVs (which may be either i) Smart TVs 400 which could potentially report or ii) all TVs) and multiplying the product of the foregoing by the number of television households in the DMA.) [0102] At block 940, Smart TV Data Collector 900 may determine the total advertisement impressions across geo-political units by summing, for example, the ad impressions by DMA determined in block 925.
Muller in view of McMillan in view of Zhou in view of Gutterez teaches the limitations of claim 1, 9, and 15. As per claims 4, 12, and 18:
Muller further teaches:
wherein calculating the at least one of the reach or the frequency comprises determining total campaign impressions for the addressable advertisement by determining a sum of the exposed reported addressable impressions and the unreported addressable impressions. (paragraph [0100] At block 925, the number of impressions for each iSpot Ad ID 510 in or associated with the Smart TV Data 520 in the DMA may be determined by dividing the number of reporting Smart TVs 400 in the Smart TV Data 520 of block 905 by the number of tracked TVs (which may be either i) Smart TVs 400 which could potentially report or ii) all TVs) and multiplying the product of the foregoing by the number of television households in the DMA.) [0102] At block 940, Smart TV Data Collector 900 may determine the total advertisement impressions across geo-political units by summing, for example, the ad impressions by DMA determined in block 925. See also [0103])
Muller in view of McMillan in view of Zhou in view of Gutterez teaches the limitations of claim 1, 9, and 15. As per claims 5, 13, and 19:
Muller further teaches:
wherein calculating the at least one of the reach or the frequency comprises calculating a total reach by determining a sum of a first reach across reported households associated with the reporting media devices and a second reach across unreported households associated with unreported media devices. (paragraph [0100] At block 925, the number of impressions for each iSpot Ad ID 510 in or associated with the Smart TV Data 520 in the DMA may be determined by dividing the number of reporting Smart TVs 400 in the Smart TV Data 520 of block 905 by the number of tracked TVs (which may be either i) Smart TVs 400 which could potentially report or ii) all TVs) and multiplying the product of the foregoing by the number of television households in the DMA.) [0102] At block 940, Smart TV Data Collector 900 may determine the total advertisement impressions across geo-political units by summing, for example, the ad impressions by DMA determined in block 925. See also [0103])
Muller in view of McMillan in view of Zhou in view of Gutterez teaches the limitations of claim 1, 9, and 15. As per claims 6, 14, and 20:
Muller in view of McMillan in view of Gutterez does not expressly teach wherein transmitting the at least one of the reach or the frequency to the computer database comprises reporting the at least one of the reach or the frequency to an advertisement provider of the addressable advertisement.
Zhou further teaches:
wherein transmitting the at least one of the reach or the frequency to the computer database comprises reporting the at least one of the reach or the frequency to an advertisement provider of the addressable advertisement. (paragraph [0032] The report data store 280 stores report data that includes information about reports generated for advertiser requests and describes the reach and frequency of online audience viewing or interacting advertisements provided by the advertisers 110. The report data is generated from the report generation module 240 and is used for the advertiser frontend module 250 to present reports in response to report requests from advertisers 110.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include wherein transmitting the at least one of the reach or the frequency to the computer database comprises reporting the at least one of the reach or the frequency to an advertisement provider of the addressable advertisement as taught by Zhou with the audience determination techniques of Muller in view of McMillan in view of Gutterez in order to provide advertisers with reports that describe frequency and reach of their advertisements (paragraph [0032]).
Muller in view of McMillan in view of Zhou in view of Gutt