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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/30/2026 has been entered.
Claims 1-2, 11-12, and 20 have been amended and no claims have been added and/or canceled.
The double patenting rejection would be maintained because the amendment reads on the patent claims as detailed below.
Claims 1-20 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,853,355. 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 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;
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device.
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 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.
3 and 13. The non-transitory computer-readable storage medium of claim 1, wherein the set of operations further comprises:
selecting the information segment based on a ranking of the information segment relative to one or more other information segments.
17. The non-transitory computer-readable storage medium of claim 15, wherein the set of operations further comprises:
selecting 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.
4 and 14. The non-transitory computer-readable storage medium 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.
18. The non-transitory computer-readable storage medium of claim 17,
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.
5 and 15. The non-transitory computer-readable storage medium of claim 1, wherein the set of operations further comprises:
selecting the information segment based on a time window of the break.
17. The non-transitory computer-readable storage medium of claim 15, wherein the set of operations further comprises:
selecting 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.
6 and 16. The non-transitory computer-readable storage medium of claim 1, wherein the set of operations further comprises:
selecting the information segment based on a break type for the break in the content.
19. The non-transitory computer-readable storage medium of claim 15, wherein the set of operations further comprises:
selecting the information segment based on a break type for the break in 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;
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device.
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;
selecting an information segment to be inserted in the break in the identified
content based on the information associated with the playback device.
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.
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 1-20 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 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 currently 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]
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],
selecting an information segment to be inserted in the break in the content based on the information associated with the playback device. Parundekar discloses in [0082-0083] “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.” (emphasis added) examiner note: the information segment may be an advertisement to be inserted in the break, and
causing the playback device to insert the information segment in the break in 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).” (emphasis added).
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 time line. 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 3 and 13. 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 selecting the information segment based on a ranking of the information segment relative to one or more other information segments. However, Mak, in an analogous art, teaches in [0052] “The pace determination module 302 may determine a pacing scheme for an ad campaign in a video streaming system. The pacing scheme may be designed to evenly distribute streaming of the video ads over the time period defined for the ad campaign. The defined time period may be continuous or discontinuous. For example, a continuous period may include any number of consecutive 24-hour days. A discontinuous period may include a period including at least one gap, for example, periods including times during which ads are not to be distributed, based on time of day, day of week, and so forth. Pace determination may include algorithms as described herein to distribute streaming of ads evenly, or in some defined pattern, over the ad campaign period.” (emphasis added) examiner note: defined pattern may indicate ranking of information segments as video ads in ad campaign.
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 4 and 14. The rejection of the non-transitory computer-readable storage medium of claim 3 is incorporated, Parundekar does not explicitly disclose 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. However, Mak, in an analogous art, teaches in [0052] “The pace determination module 302 may determine a pacing scheme for an ad campaign in a video streaming system. The pacing scheme may be designed to evenly distribute streaming of the video ads over the time period defined for the ad campaign. The defined time period may be continuous or discontinuous. For example, a continuous period may include any number of consecutive 24-hour days. A discontinuous period may include a period including at least one gap, for example, periods including times during which ads are not to be distributed, based on time of day, day of week, and so forth. Pace determination may include algorithms as described herein to distribute streaming of ads evenly, or in some defined pattern, over the ad campaign period.” (emphasis added) examiner note: defined pattern may indicate prioritizing of ads such that some ads may be continuously streamed in their defined time slots in certain period of time in the day, week, month, etc. while be streamed in discontinuous pattern in a different time of day, week, month, etc.
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 5 and 15. 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 selecting the information segment based on a time window of the break. However, Mak, in an analogous art, teaches in [0083] “a curve fitting algorithm as described above in connection with FIG. 10 may be used. The method 1100 may further include, at 1420, adjusting granularity of the subdivisions based on an anticipated number of available ad breaks per unit time. For example, the granularity (e.g., 1-second, 5-second, 60-second, etc.) may be derived in proportion to the quotient of 3600 seconds (1 hour) and by the number of ad breaks expected per hour for the ad streaming system.” (emphasis added) examiner note: 5 seconds and 60 seconds may be time windows defined for different video ads based on the duration of each 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].
Claims 6 and 16. 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 selecting the information segment based on a break type for the break in the content. . However, Mak, in an analogous art, teaches in [0083] “a curve fitting algorithm as described above in connection with FIG. 10 may be used. The method 1100 may further include, at 1420, adjusting granularity of the subdivisions based on an anticipated number of available ad breaks per unit time. For example, the granularity (e.g., 1-second, 5-second, 60-second, etc.) may be derived in proportion to the quotient of 3600 seconds (1 hour) and by the number of ad breaks expected per hour for the ad streaming system.” (emphasis added) examiner note: 5 seconds break type and 60 seconds break type may correspond to different break types defined for different video ads based on the duration of each break type.
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.”
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHAMED I NAZAR whose telephone number is (571)270-3174. The examiner can normally be reached 10 am to 7 pm Mon-Fri.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Hong can be reached at 571-272-4124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AHAMED I NAZAR/Examiner, Art Unit 2178 3/7/2026
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178