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 proposed reply filed on 5/14/2026 has been entered.
Claims 1, 3, 5, 11, 13, 15, and 20 have been amended, claims 6 and 16 have been canceled, and no claims have been added.
The double patenting rejection would be maintained because the amendment reads on the patent claims as detailed below.
Claims 1-5, 7-15, 17-20 are pending with claims 1, 11, and 20 as independent claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 7-12, and 17-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-15, and 17-20 of U.S. Patent No. 11,853,355.
Claims 1-2, 7-12, and 17-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,853,355 in view of Parundekar et al. (US 2014/0201004, hereinafter as Parundekar).
Although the claims at issue are not identical, they are not patentably distinct from each other because the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claims because the examined application claim is either anticipated by, or would have been obvious over, the reference claims. For example, in the highlighted limitations in the table below, claims 2 and 12 and a limitation in each of claims 1, 11, and 20, in the instant application, recite the limitation “identified content”, whereas, in the row-to-row comparison the patent recites the limitation as “the content” instead of “the identified content”. However, the patent teaches, in claims 1, 11, and 20, “comparing the fingerprint to one or more reference fingerprints to identify the content” and “identifying a break in the content based on the identified content”.
Accordingly, it would have been obvious to interpret the limitation “the content”, in the reference patent, as being “identified content”. The advantage may be to obtain timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees.
Instant Application
The Patent
1. A non-transitory computer-readable storage medium, having stored
thereon program instructions that, upon execution by one or more processors, cause performance of a set of operations comprising:
15. A non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by a processor, cause performance of a set of operations comprising:
in response to presentation of content by a playback device, accessing a fingerprint generated from the content and information associated with the playback device;
in response to presentation of content by the playback device accessing, via a network, a fingerprint and information associated with a playback device, the fingerprint generated by the playback device
comparing the fingerprint generated from the content to one or more reference fingerprints to identify the content, wherein the one or more reference fingerprints correspond to respective different media;
comparing the fingerprint to one or more reference fingerprints to identify the content, the one or more reference fingerprints corresponding to respective different media;
identifying a break in the content based on the identification of the content; and
identifying a break in the content based on the identified content;
determining a break type for the identified break in the content, wherein the break type comprises one of a limited break or an unlimited break;
5. The method of claim 1, further comprising:
selecting, by the computing device, the information segment based on a break type for the break in the content.
determining, based on the determined break type, a time window for the identified break, wherein the time window represents an amount of time available for an information segment to be played;
3. The method of claim 1, further comprising: selecting, by the computing device, the information segment based on at least one of a ranking of the information segment relative to one or more other information segments or a time window of the break.
determining a ranking of a plurality of information segments, wherein each
particular information segment of the plurality of information segments is ranked relative to other information segments of the plurality of information segments based on a priority of the particular information segment relative to the other information segments, wherein the priority is associated with a timeliness of presenting the particular information segment;
4. The method of claim 3, wherein the ranking of the information segment is based on a priority of the information segment relative to the one or more other information segments, the priority associated with a timeliness of presenting the information segment.
selecting an information segment of the plurality of information segments to be inserted in the break in the content based on the information associated with the playback device, the determined time window, and the determined ranking;
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device;
causing the playback device to insert the selected information segment in the break in the content, wherein inserting the information segment in the break in the content time shifts the content
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device; and causing transmission of the information segment to the playback device via the network.
2 and 12. The non-transitory computer-readable storage medium of claim 1, wherein the set of operations further comprises:
identifying the break in the identified content based on metadata associated
with the identified content.
16. The non-transitory computer-readable storage medium of claim 15, wherein the set of operations further comprises:
identifying the break in the content based on metadata associated with the content.
7 and 17. The non-transitory computer-readable storage medium of claim 1, wherein the set of operations further comprises:
causing transmission of the information segment to the playback device.
15. A non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by a processor, cause performance of a set of operations comprising: accessing, via a network, a fingerprint and information associated with a playback device, the fingerprint generated by the playback device in response to presentation of content by the playback device; comparing the fingerprint to one or more reference fingerprints to identify the content, the one or more reference fingerprints corresponding to respective different media; identifying a break in the content based on the identified content; selecting an information segment to be inserted in the break in the content based on the information associated with the playback device; and
causing transmission of the information segment to the playback device via the network.
8 and 18. The non-transitory computer-readable storage medium of claim 1,
wherein the information associated with the playback device includes a type of device of the playback device.
20. The non-transitory computer-readable storage medium of claim 15,
wherein the information associated with the playback device includes a type of device of the playback device.
9. The non-transitory computer-readable storage medium of claim 1,
wherein the playback device comprises at least one of (1) a car stereo system of a car or (2) a mobile device.
7. The method of claim 1,
wherein: the playback device includes at least one of (1) a car stereo system of a car or (2) a mobile device;
and the information segment includes at least one of (a) current traffic information for a current route of travel for the car, (b) a representation of an unread communication from a contact associated with the mobile device, or (c) an advertisement associated with an advertisement campaign of a point of interest in spatial proximity to the playback device.
10 and 19. The non-transitory computer-readable storage medium of claim 9, wherein
the information segment includes at least one of (a) current traffic information for a current route of travel for the car, (b) a representation of an unread communication from a contact associated with the mobile device, or ( c) an advertisement associated with an advertisement campaign of a point of interest in spatial proximity to the playback device.
7. The method of claim 1,
wherein: the playback device includes at least one of (1) a car stereo system of a car or (2) a mobile device; and
the information segment includes at least one of (a) current traffic information for a current route of travel for the car, (b) a representation of an unread communication from a contact associated with the mobile device, or (c) an advertisement associated with an advertisement campaign of a point of interest in spatial proximity to the playback device.
Instant application
Patent
11. A computer-implemented method comprising:
1. A method comprising:
in response to presentation of content by a playback device,
accessing a fingerprint generated from the content and information associated with the playback device;
in response to presentation of content by the playback device
accessing, by a computing device and via a network, a fingerprint and information associated with a playback device, the fingerprint generated by the playback device
comparing the fingerprint generated from the content to one or more reference fingerprints to identify
the content, wherein the one or more reference fingerprints correspond to respective different media;
comparing, by the computing device, the fingerprint to one or more reference fingerprints to identify the content, the one or more reference fingerprints corresponding to respective different media;
identifying a break in the content based on the identification of the content; and
identifying, by the computing device, a break in the content based on the identified content;
determining a break type for the break in the content,
wherein the break
type comprises one of a bounded time window or an unbounded time window;
5. The method of claim 1, further comprising:
selecting, by the computing device, the information segment based on a break type for the break in the content.
3. The method of claim 1, further comprising: selecting, by the computing device, the information segment based on at least one of a ranking of the information segment relative to one or more other information segments or a time window of the break.
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device and the determined break type
selecting, by the computing device, an information segment to be inserted in the break in the content based on the information associated with the playback device;
causing the playback device to insert the information segment in the break in
the content.
selecting, by the computing device, an information segment to be inserted in the break in the content based on the information associated with the playback device; and causing, by the computing device, transmission of the information segment to the playback device via the network.
Instant application
Patent
20. A computing device comprising:
one or more processors; and a non-transitory computer-readable storage medium, having stored thereon
program instructions that, upon execution by the one or more processors, cause performance of a set of operations comprising:
8. A computing system comprising: a processor; and a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the processor, cause performance of a set of operations comprising:
in response to presentation of content by a playback device, accessing a fingerprint generated from the content and information associated with the playback device;
in response to presentation of content by the playback device accessing, via a network, a fingerprint and information associated with a playback device, the fingerprint generated by the playback device
comparing the fingerprint generated from the content to one or more reference fingerprints to identify the content, wherein the one or more reference fingerprints correspond to respective different media;
comparing the fingerprint to one or more reference fingerprints to identify the content, the one or more reference fingerprints corresponding to respective different media;
identifying a break in the identified content; and
identifying a break in the content based on the identified content;
determining a break type for the break in the content,
wherein the break type comprises one of a bounded time window or an unbounded time window;
5. The method of claim 1, further comprising:
selecting, by the computing device, the information segment based on a break type for the break in the content.
3. The method of claim 1, further comprising: selecting, by the computing device, the information segment based on at least one of a ranking of the information segment relative to one or more other information segments or
a time window of the break.
selecting an information segment to be inserted in the break in the identified
content based on the information associated with the playback device and the determined break type;
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device;
causing the playback device to insert the information segment in the break in
the identified content.
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device; and causing transmission of the information segment to the playback device via the network.
21. The method of claim 1, wherein the break type is determined to be a limited break when the identified content is live content, wherein the break type is determined to an unlimited break when the identified content is recorded content.
5. The method of claim 1, further comprising: selecting, by the computing device, the information segment based on a break type for the break in the content.
Parundekar teaches in [0011, 0044, and 0077] “the set of ad content may be pre-generated and accessible (e.g., as an object) from the ad inventory for immediate presentation.” (emphasis added) examiner note: an ad content inserted between songs streamed in a radio program may be limited break and an ad content inserted in navigation data or trip data, which has insertion points indicated by locations or positions in a navigation map, may be unlimited because trip data may be recorded before the start of the trip.
22. The method of claim 1, further comprising:
causing the playback device to drop a segment of the time shifted content after
the selected information segment has been inserted into the break in the content.
The patent does not explicitly teach limitation of claim 22. However, Parundekar teaches in [0169] “After, while, or before the message 1652 disappears from the steering wheel panel, the ad 1662 can be played to the user. In some cases, a next song can begin playing in the background. In other cases, the next song may be delayed until the ad is over. The user can continue to drive to the destination "Grove Drive" as illustrated in FIG. 16H.” (emphasis added) examiner note: playing the next song in the background while the ad content being played may be interpreted as dropping the next song and playing the ad content in its place.
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.
Claims 1-2, 7-12, 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over Parundekar et al. (US 2014/0201004, filed 1/14/2013, hereinafter as Parundekar) in view of Hua et al. (US 2007/0204310, hereinafter as Hua) in view of Mak et al. (US 2014/0123173, filed 10/26/2012, hereinafter as Mak) in view of Seet et al. (US 2005/0193016, pub. 9/1/2005, hereinafter as Seet).
Claim 1. A non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by one or more processors, cause performance of a set of operations comprising:
in response to presentation of content by a playback device, accessing a fingerprint generated from the content and information associated with the playback device; Parundekar discloses in [0074] “the user data enrichment module 206 may monitor the content consumed by the user via the digital content application 107b, such as ads, bookmarks, music, video, radio programs, etc., and may determine what ads, bookmarks, music, video, and/or radio programs (and/or types thereof) the user likes based on the frequency the user consumes that content/type of content.” And in [0084] “the digital content application 107b may be playing various digital content (e.g., music, video, radio program, podcast, etc.) and digital content application 107b may insert the ad content into the digital content to present the ad to the user(s) in the vehicle… the digital content application 107b trigger the provisioning of an ad by sending a request to the ad determination module 208 for an ad, and the ad determination module 208 may determine the ad content to provide using the acts, processes, and/or methods discussed herein.” And in [0085] “assume the user is currently listening to a song… the control signal may indicate to play the ad content during a break of the digital content… the control signal may indicate to play the ad content after a song is over… the digital content application 107b could insert the ad between various segments of the digital content.” And in [0101-0102] “the ad determination module 208 can generate and provide a control signal to the digital content application 107b for managing how to insert the ad into the digital content currently being played to the user. In some implementations, the ad may be provided to digital content application 107b in response to an ad request sent to the ad determination module 208 by the digital content application 107b… the ad content can be inserted into breaks in the digital content (e.g., breaks between two songs).” (emphasis added) examiner note: the playback device may be the digital content application 107b, which may access information, generated based on user preferences such as ads, bookmarks, music, video, and radio programs the user likes, in response to the user currently listening to a song via digital content application 107b or viewing navigation application 107a in a vehicle, for example,
comparing the fingerprint generated from the content to one or more reference fingerprints to identify the content, wherein the one or more reference fingerprints correspond to respective different media; Parundekar discloses in [0085] “the ad determination module 208 can generate and provide a control signal to the digital content application 107b. The control signal can control the insertion of the ad content into the digital content… the control signal may indicate to superimpose the ad content over the digital content so that the digital content can be played in background while the ad content is played for the user.” And in [0101] “the ad determination module 208 can generate and provide a control signal to the digital content application 107b for managing how to insert the ad into the digital content currently being played to the user. In some implementations, the ad may be provided to digital content application 107b in response to an ad request sent to the ad determination module 208 by the digital content application 107b… The digital content application 107b can present the digital content to the user using the speaker system 117 and/or a display 306 (e.g., a head unit in a vehicle, a touch screen, etc.). The digital content application 107b can receive the ad content and/or the control signal from the ad determination module 208, and insert the ad content into the digital content based on the control signal. In some examples, the ad content can be inserted into breaks in the digital content (e.g., breaks between two songs).” (emphasis added) examiner note: the ad determination module 208 can identify one or more ads that match places (content currently being played in navigation application 107a such as navigation content describing a current trip taken by the user or content being played in digital content application 107b such as a song the band Coldplay), wherein the matching may be implemented between content currently being played in the navigation application 107a (current trip) or in the digital content application 107b (songs for band Coldplay) and ad content relevant or contextual the virtual places in the content currently being played. For example, the selection of ad to purchase tickets (reference fingerprint) for upcoming Coldplay concert would match a place or location (fingerprint generated from the content) in the navigation application during the current trip taken by the user. Another ad may be selected to be displayed to the user based on the content currently being played (department store place) may be an ad for purchasing ski equipment,
[identifying] a break in the content based on the identification of the content; Parundekar discloses in [0085] “assume the user is currently listening to a song. The control signal may instruct the digital content application 107b to superimpose an audio portion of the ad on the song being played, causing the digital content application 107b to play the audio portion of the ad using a speaker system in a vehicle while playing the song as background music… the control signal may indicate to play the ad content during a break of the digital content… the control signal may indicate to play the ad content after a song is over. In the absence of a control signal, the digital content application 107b may determine how the ad should be presented (e.g., based on a predetermined setting). For instance, the digital content application 107b could insert the ad between various segments of the digital content.” And in [0102] “the ad content can be inserted into breaks in the digital content (e.g., breaks between two songs). In some examples, the ad content can be superimposed on the digital content. In some examples, the digital content may be paused or muted and the ad content may be played in its stead. The digital content application 107b can present the digital content and ad content to the user using the speaker system 117 and/or the display 306.” (emphasis added) examiner note: the control signal suggests to play ad content during a break in the digital content and specifically inserting the ad content between two songs.
Parundekar does not explicitly disclose comparing the fingerprint generated from the content to one or more reference fingerprints to identify the content. However, Seet, in an analogous art, teaches in [0006-0007] “Using a media fingerprinting technique, the computing device can identify media items in the stream by extracting one or more fingerprints from the streaming media. The computing device then compares the fingerprints extracted from the stream against a set of reference fingerprints in a canonical database of fingerprints for known media items… These and other applications of media identification systems are based on the principle of comparing an extracted fingerprint to a set of reference fingerprints to identify the media. A common element of these systems, therefore, is a database of reference fingerprints against which identifications are attempted. This database preferably contains fingerprints for each of the media items that represent possible matches for the media content to be identified.” (emphasis added) examiner note: fingerprint may be generated for current media being played in a radio program, for example, in order to match the extracted fingerprint to reference fingerprints in a database in order to identify the current media being played.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Parundekar with the teaching of Seet because “a fingerprinting system implemented on a personal computer could be used to identify shared content and prevent the unauthorized use of protected works (e.g., by filtering out unlicensed media) while allowing the sharing of licensed media and other copyrighted material between users." Seet [Background],
Parundekar does not explicitly disclose
identifying a break in the identified content. However, Mak, in an analogous art, teaches in [0058] “While playing the streaming video, the client 502 may detect that a defined ad break is about to occur (for example, in 1, 2 or 3 seconds from a current frame). In response to detecting the incipient ad break, the client 502 may, at 514, request one or more ads for the break by signaling to the server 504. In response to receiving the request message 514, the server system 504 may, at 516, determine a selection of advertising videos for the video segment identified by the request message, including allocating ads based on a pace control scheme.” (emphasis added) examiner note: the client may detect defined ad break and request an ad to inserted in the detected break.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Parundekar with the teaching of Mak in order to identify ad breaks in streaming video such that “an advertiser wishing to promote a "Spring Sale Event" may purchase a number of video ads to be run in advance of and during the promoted event. Such a block of ads may sometimes be referred to as an "ad campaign." Mak [Background],
determining a break type for the identified break in the content, wherein the break type comprises one of a limited break or an unlimited break; Parundekar, further, discloses in [0044] “The ad inventory may store and provide access to ad content to one or more components of the system, such as the ad manager 109. The ad content may include interactive audio and/or visual ads. The ads may include advertisements for physical and/or virtual goods, services offered by retailers (brick and mortal, virtual, etc.), public service announcements by various organizations (e.g., governmental agencies, non-profits, etc.), etc. A set of ad content may represent an ad. The set of ad content may include metadata, textual, audio, and/or visual data. The metadata may describe when the ad was created, who created it, when it expires, any limitations or exclusions, legal information, the ad size (file size, dimensions, etc.), the ad format, etc. In some embodiments, the set of ad content may be pre-generated and accessible (e.g., as an object) from the ad inventory for immediate presentation.” And in [0078-0081] “The contextual data associated with the user can include data describing a travel context related to the user. In some embodiments, a travel context may include data describing whom the user is with, where the user is going, what the user is doing and/or intending to do, the user's driving and/or traveling habits, etc. For example, the contextual data can describe that the user is commuting from home to work since: (1) the start point of the current trip is the user's home; (2) the time/date data indicates it is 8:00 AM on a Monday; and (3) historical trip data indicates the user usually commutes to work between 7:45 AM and 8:30 AM on weekdays. In another example, the contextual data can describe that the user is driving to a mall with two other passengers on board since: (1) the destination is set to be the mall; and (2) the sensors 140 can detect that three people are sitting in the vehicle… The ad determination module 208 can receive contextual data associated with the user from the context module 206 and/or the user data repository 139. The ad determination module 208 can determine an ad for the user based on the user data and/or the contextual data. By way of example, assume the contextual data can indicate that the user is driving to a destination.” And in [0168-0171] “a message 1652 can be displayed to the user, indicating an ad will be played. For example, a callout "advertisement" can be displayed in the steering wheel panel as music from Internet radio fades out. Referring to FIG. 16G, the ad manager 109 can determine an ad 1662 associated with the destination "Grove Drive" for the user. For example, the ad can be a deal at a store located at the destination. After, while, or before the message 1652 disappears from the steering wheel panel, the ad 1662 can be played to the user. In some cases, a next song can begin playing in the background. In other cases, the next song may be delayed until the ad is over. The user can continue to drive to the destination "Grove Drive" as illustrated in FIG. 16H.” (emphasis added) examiner note: “callout advertisement”, advertisement expiration date and/or advertisement associated with destination may be interpreted as limited break. On the other hand, pre-generated ads stored in ad inventory 119 may be interpreted as unlimited break because these stored ads may be retrieved and played at any break time regardless of destination and may not expire,
determining, based on the determined break type, a time window for the identified break, wherein the time window represents an amount of time available for an information segment to be played; Parundekar teaches in [0006] “The digital media stream can include ads that have been inserted by the content server at various points in the stream (e.g., between radio segments, songs, etc.). However, these ads are often less effective as they are generally catered to playback on the handheld device and are not aware of or targeted to the user's traveling environment, such as the context of the vehicle, where the vehicle is headed, who else is on board, etc.” And in [0085] “assume the user is currently listening to a song. The control signal may instruct the digital content application 107b to superimpose an audio portion of the ad on the song being played, causing the digital content application 107b to play the audio portion of the ad using a speaker system in a vehicle while playing the song as background music. The digital content application 107b may also display a visual portion of the ad on the head unit of the vehicle or on the client device 115. In some examples, the control signal may indicate to play the ad content during a break of the digital content. For example, the control signal may indicate to play the ad content after a song is over… For instance, the digital content application 107b could insert the ad between various segments of the digital content.” And in [0102] “the ad content can be inserted into breaks in the digital content (e.g., breaks between two songs).” And in [0169-0175] “After, while, or before the message 1652 disappears from the steering wheel panel, the ad 1662 can be played to the user. In some cases, a next song can begin playing in the background. In other cases, the next song may be delayed until the ad is over. The user can continue to drive to the destination "Grove Drive" as illustrated in FIG. 16H.” (emphasis added) examiner note: the time window for the ad break may be determined by the length of ad content as indicated by “until the ad is over” such that the ad content may be inserted between two songs as an identified ad break. For example, assuming a user is currently listening to a song during travelling to a destination. The control signal may indicate to play ad content during break between the current song being played and the next song. In this case, a break for the ad content may be identified and the ad content may be inserted after the play of the current song is over and the next song may be delayed to time window to fit the ad content,
Parundekar does not explicitly disclose
determining a ranking of a plurality of information segments, wherein each particular information segment of the plurality of information segments is ranked relative to other information segments of the plurality of information segments based on a priority of the particular information segment relative to the other information segments, wherein the priority is associated with a timeliness of presenting the particular information segment. However, Hua, in an analogous art, [0025-0029] “Video ad platform 116 uses relevance measurements 126 to identify video ad-clip(s) that are most contextually relevant to the segment. Video ad platform 116 ranks video ad-clip(s) with greater measured relevancy to a source video segment higher than video ad-clip(s) with lower measured relevancy to the segment… video ad platform 116 uses metadata 124 associated with the ad-clips to determine whether associated ad-clip content is relevant to information in a user/entity profile. Independent of whether an ad-clip is contextually relevant to a source video segment, if the ad-clip is relevant to information in the user profile, the ad-clip is a targeted ad-clip… video ad platform 116 determines/measures video ad-clip insertion points (positions/locations) with respect to wherein a timeline of a source video that ad-clip(s) will be inserted into a corresponding playback stream (e.g., stream 119)… if an ad-clip is to be inserted prior to the start of source video content playback operations, the insertion point is zero with respect to the timeline. In another example, if video ad platform 116 inserts an ad-clip 30 minutes into the source video content playback stream, the insertion point is measured as 30 minutes with respect to the timeline.” (emphasis added) examiner note: the ad clip with the most relevance score may be ranked higher than ad clip with less relevance score such that the ad clip with most relevance to the content of the steam may be inserted in video ad clip insertion point (location/position) with respect to a timeline of the source video stream.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Parundekar with the teaching of Hua because “The dynamic video ad-clip insertion strategy of these systems and methods for automatically inserting advertisements into source video content playback streams substantially ensures that ad-clip(s) are present a to a user for viewing, even when the user fast forwards, reverses, seeks, and/or skips portions of the source video that would otherwise correspond to predetermined ad-clip insertion points." Hua [0012],
selecting an information segment of the plurality of information segments to be inserted in the break in the content based on the information associated with the playback device the determined time window and the determined ranking; Parundekar, further, discloses in [0082-0083 and 0102] “the ad determination module 208 can select an ad matching a place from the ad inventory 119. In a further example, assume a place such as a restaurant is near the user's destination. The ad determination module 208 can determine an ad describing a deal for dining in the restaurant for the user… the ad determination module 208 can identify one or more ads associated with one or more physical and/or virtual locations (e.g., stores, attractions, events, websites, applications, etc.) based on the place data, the user data, and/or the contextual data… the ad content can be inserted into breaks in the digital content (e.g., breaks between two songs).” (emphasis added) examiner note: the information segment may be an advertisement to be inserted in the break. The break type, here, may be break between two songs such as the break time window may begin at the end of the first song and end at before the beginning of the second song, and
causing the playback device to insert the selected information segment in the break in the content, wherein inserting the information segment in the break in the content time shifts the content. Parundekar discloses in [0085] “the control signal may indicate to play the ad content during a break of the digital content.” And in [0102] “the ad content can be inserted into breaks in the digital content (e.g., breaks between two songs).” And in [0169] “After, while, or before the message 1652 disappears from the steering wheel panel, the ad 1662 can be played to the user. In some cases, a next song can begin playing in the background. In other cases, the next song may be delayed until the ad is over. The user can continue to drive to the destination "Grove Drive" as illustrated in FIG. 16H.” (emphasis added) examiner note: the indication of the “next song may be delayed until the ad is over” may indicate that content “next song” may be shifted in the timeline.
Claims 2 and 12. The rejection of the non-transitory computer-readable storage medium of claim 1 is incorporated, Parundekar does not explicitly disclose wherein identifying the break in the content is further based on metadata associated with the content. However, Mak teaches in [0056] “integral number of ad breaks 406, 408 and 410 may be configured in the video timeline. Each ad break may be defined by a location and duration… A streaming media player operating on the client device may cause the video content to play in the defined inter-slot portions 412, 414, 416 and stream advertising videos of appropriate duration in all of the ad breaks 406, 408, 410.” (emphasis added) examiner note: time defined inter-slot portions may be metadata associated with content such as playing two or more songs in a timeline such that between one song and another, there is a break in the content timeline for possible ad insertion.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Parundekar with the teaching of Mak in order to identify ad breaks in streaming video such that “an advertiser wishing to promote a "Spring Sale Event" may purchase a number of video ads to be run in advance of and during the promoted event. Such a block of ads may sometimes be referred to as an "ad campaign." Mak [Background].
Claims 7 and 17. The rejection of the non-transitory computer-readable storage medium of claim 1 is incorporated, wherein the set of operations further comprises:
Parundekar does not explicitly disclose causing transmission of the information segment to the playback device. However, Mak, in an analogous art, teaches in [0058] “While playing the streaming video, the client 502 may detect that a defined ad break is about to occur (for example, in 1, 2 or 3 seconds from a current frame). In response to detecting the incipient ad break, the client 502 may, at 514, request one or more ads for the break by signaling to the server 504. In response to receiving the request message 514, the server system 504 may, at 516, determine a selection of advertising videos for the video segment identified by the request message, including allocating ads based on a pace control scheme.” (emphasis added) examiner note: in response to the client request, the server system may transmit advertisement videos to be inserted in one or more breaks according to the pace control scheme.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Parundekar with the teaching of Mak in order to identify ad breaks in streaming video such that “an advertiser wishing to promote a "Spring Sale Event" may purchase a number of video ads to be run in advance of and during the promoted event. Such a block of ads may sometimes be referred to as an "ad campaign." Mak [Background].
Claims 8 and 18. The rejection of the non-transitory computer-readable storage medium of claim 1 is incorporated, wherein the information associated with the playback device includes a type of device of the playback device. Parundekar discloses in [0037-0038] “a first instance of the ad manager 109 included in the client device 115 of a user may be companion application that corresponds to an instance of the ad manager 109 included in mobile computing system 135 of that user's vehicle. The user can use the instance of the ad manger 109 on the client device 115 to access bookmarks and other ad-related information generated by the instance of the ad manger 109 on mobile computing system 135… An ad provided to a user in the vehicle by the ad manger 109 can be an interactive ad. The system 100 can tailor the ad to the user's context and/or the context of the user's vehicle and/or client device.” (emphasis added) examiner note: the system tailors ads to the user’s context using vehicle client device 115, such as smartphone, and/or mobile computing system 135 of a vehicle.
Claim 9. The rejection of the non-transitory computer-readable storage medium of claim 1 is incorporated, wherein the playback device comprises at least one of (1) a car stereo system of a car or (2) a mobile device. Parundekar discloses in [0037-0038] “a first instance of the ad manager 109 included in the client device 115 of a user may be companion application that corresponds to an instance of the ad manager 109 included in mobile computing system 135 of that user's vehicle. The user can use the instance of the ad manger 109 on the client device 115 to access bookmarks and other ad-related information generated by the instance of the ad manger 109 on mobile computing system 135… An ad provided to a user in the vehicle by the ad manger 109 can be an interactive ad. The system 100 can tailor the ad to the user's context and/or the context of the user's vehicle and/or client device.” (emphasis added) examiner note: the system tailors ads to the user’s context using vehicle client device 115, such as smartphone, and/or mobile computing system 135 of a vehicle.
Claims 10 and 19. The rejection of the non-transitory computer-readable storage medium of claim 9 is incorporated, wherein the information segment includes at least one of (a) current traffic information for a current route of travel for the car, (b) a representation of an unread communication from a contact associated with the mobile device, or ( c) an advertisement associated with an advertisement [campaign] of a point of interest in spatial proximity to the playback device. Parundekar discloses in [0045] “the place data repository 129 can store place data describing a restaurant, a hotel, a store, etc., that may be located at or near a particular location. In further example, the place data repository 129 can store place data describing various stores located in a mall. Location items may include, but are not limited to, a landmark, a tourist attraction, a restaurant, a hotel, a retail store, a department store, and/or other points of interest (POI).” (emphasis added).
Parundekar does not explicitly disclose an advertisement associated with an advertisement campaign. However, Mak, in an analogous art, teaches in [Abstract] “In a streaming video system with included video ad breaks, a pacing component allocates ads to particular ad breaks so as to pace the distribution of ads over a defined ad campaign period according to a pacing protocol using discrete time bins.” (emphasis added).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Parundekar with the teaching of Mak in order to identify ad breaks in streaming video such that “an advertiser wishing to promote a "Spring Sale Event" may purchase a number of video ads to be run in advance of and during the promoted event. Such a block of ads may sometimes be referred to as an "ad campaign." Mak [Background].
Claim 11. The claim is directed toward a computer-implemented method for implementing the steps recited in claim 1. Accordingly, the claim is similarly rejected as claim 1.
Claim 20. The claim is directed toward a computing device for implementing the steps recited in claim 1. Accordingly, the claim is similarly rejected as claim 1. Further Parundekar discloses a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the one or more processors, in [0061] “The memory 237 can include one or more non-transitory computer-readable mediums for storing instructions and/or data that can be executed by the processor 235 and/or retrieved and provided to other components of the computing device 200.”
Claim 21. The rejection of the method of claim 1 is incorporated, wherein the break type is determined to be a limited break when the identified content is live content, wherein the break type is determined to an unlimited break when the identified content is recorded content. Parundekar discloses in [0006] “The digital media stream can include ads that have been inserted by the content server at various points in the stream (e.g., between radio segments, songs, etc.). However, these ads are often less effective as they are generally catered to playback on the handheld device and are not aware of or targeted to the user's traveling environment, such as the context of the vehicle, where the vehicle is headed, who else is on board, etc.” And in [0011] “For instance, the features include the contextual data including trip data describing a trip taken by the user; identifying a place associated with the trip; identifying, based on the user data and the contextual data, the interactive advertisement associated with the place from an advertisement inventory; identifying advertisement textual data based on the user data and the contextual data; retrieving an advertisement synthesis template; creating the interactive advertisement based on the advertisement textual data and the advertisement synthesis template; identifying a place associated with the trip; identifying the advertisement textual data associated with the place based on the user data and the contextual data; the advertisement synthesis template including an audio advertisement synthesis template or a visual advertisement synthesis template; retrieving advertisement content from a content buffer; determining the interactive advertisement to be bookmarked from the advertisement content; generating advertisement identification data that identifies the interactive advertisement; associating the advertisement identification data with a user identifier identifying the user; retrieving the interactive advertisement to be bookmarked from an advertisement inventory using the ad identification data; bookmarking the interactive advertisement by associating an identifier of the interactive advertisement with the user identifier; receiving sensor data from one or more sensors; generating a timestamp based on the sensor data; determining a location associated with the user based on the sensor data; receiving tuner data from a radio tuner; determining a radio station based on the tuner data and the location; determining program data for the radio station, the program data describing a radio program matching the timestamp; identifying the interactive advertisement associated with the program data; associating the identified advertisement with a user identifier identifying the user; generating a bookmark that describes an association between the identified advertisement and the user identifier; generating an advertisement retrieval request; querying an advertisement inventory using the advertisement retrieval request; and retrieving the bookmarked advertisement that matches the advertisement retrieval request from the advertisement inventory.” And in [0044] “The ad inventory may store and provide access to ad content to one or more components of the system, such as the ad manager 109. The ad content may include interactive audio and/or visual ads… A set of ad content may represent an ad. The set of ad content may include metadata, textual, audio, and/or visual data. The metadata may describe when the ad was created, who created it, when it expires, any limitations or exclusions, legal information, the ad size (file size, dimensions, etc.), the ad format, etc. In some embodiments, the set of ad content may be pre-generated and accessible (e.g., as an object) from the ad inventory for immediate presentation.” And in [0077] “navigation data can include geographic coordinates describing a current position of the vehicle, a current route, a start point of a current trip, one or more waypoints, a destination of the current trip, an estimated time of arrival (ETA), the current time/date, historical trip logs (e.g., start points, end points, routes, durations, times of departure, times of arrival, etc., related to historical trips). Time/date data can include the time and date, whether a given day is a holiday or not, etc.” (emphasis added) examiner note: breaks between songs in radio stream program may be limited break because streaming songs in a radio program may be a live content. On the other hand, break in navigation data (trip data) describing a location or position, in the trip data, associated with ad content may be unlimited break because the trip data may be recorded content before the user start his/her trip.
Claim 22. The rejection of the method of claim 1 is incorporated, further comprising:
causing the playback device to drop a segment of the time shifted content after
the selected information segment has been inserted into the break in the content. Parundekar discloses in [0044]
Response to Arguments
Applicant’s arguments with respect to claims 1, 11 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Argument: Applicant argues “The Applicant respectfully submits that the cited art does not teach or suggest at least the following features recited in independent claim 1 (independent claims 11 and 20 recite similar features)… In particular, by this Response, the Applicant has amended the pending claims to further clarify the determination of a break type and an associated time window for a break identified based on identifying the content.” (emphasis added).
Response: new reference has been cited to teach the amendment, which includes new language and further clarification to existing limitations has been provided in detail above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/AHAMED I NAZAR/Examiner, Art Unit 2178 09/26/2026
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
