Prosecution Insights
Last updated: May 29, 2026
Application No. 18/581,333

CONTEXTUAL ADVERTISING WITH DYNAMICALLY CUSTOMIZED AND/OR GENERATED CREATIVES USING GENERATIVE AI

Final Rejection §103
Filed
Feb 19, 2024
Examiner
SAINT CYR, JEAN D
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
Anoki Inc.
OA Round
3 (Final)
60%
Grant Probability
Moderate
4-5
OA Rounds
1y 2m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
361 granted / 599 resolved
+2.3% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
21 currently pending
Career history
631
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
95.5%
+55.5% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 599 resolved cases

Office Action

§103
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 arguments Applicant’s arguments with respect to all pending claims have been fully considered, but they are not persuasive. The applicant argues that cited references failed to disclose a system for contextual modification of media content based on multimodal extraction of metadata from said media, wherein said metadata is extracted by processing one or more scenes in said media to extract metadata corresponding to multiple extraction modes, and an embedding model for each extraction mode wherein an aggregated embedding model responsive to said extracted metadata for each mode formulates an aggregated embedding comprising: a process controller including an embedding extractor responsive to a control input wherein said control input specifies one or more features defining a media modification opportunity and wherein said embedding extractor includes an embedding model coordinated with said embedding model for one or more of said embedding modes to generate an opportunity embedding in the form of a vector; a vector comparison processor for determining the distance between said opportunity embedding and said aggregated embedding to determine a media modification opportunity; wherein said process controller is responsive to said vector comparison processor to generate edit control instructions indicating a modification of said media upon detection of said media modification opportunity; a media content editor responsive to said edit control instructions to modify said media and having a modified media output wherein said media content editor uses generative AI techniques to modify said media content However, Nandi et al disclose a system being able to provide metadata related to media content as location of the ad in webpage and metadata related to the webpage and the system can retrieve or extract metadata associated with ads from database and the system can use embedding model for managing metadata as disclosed in para. 0038; 0074 ;0038 ;0083;0064; abstract; 0025. And the system contains processors for processing data and users have the capability to input data and users have the capability of interacting with metadata and the system can provide temporal data related to advertising opportunity and the system can predict advertising opportunity data based on embedding data and vectors associated with embeddings can be used to represent locations of metadata as disclosed 0036;0074 ; 0003; 0021 ; 0054; 0049; 0044. And the system can determine advertising opportunity based on embedding data and the system can provide ads based on metadata and based on geographic location of a specific audience as disclosed in para. 0005;0007;0058; abstract. And regarding “ wherein said process controller is responsive to said vector comparison processor to generate edit control instructions indicating a modification of said media upon detection of said media modification opportunity; a media content editor responsive to said edit control instructions to modify said media and having a modified media output wherein said media content editor uses generative Al techniques to modify said media content”, Hitching et al disclose a system that can edit video content in order to generate video clips for a target audience and the system is able to use specific algorithm to edit video content in selecting candidate video clips as disclosed in para. 0033-0034;0088;0020-0022;0037;0077;0043; 0006-0007. And the system can dynamically adjust the streaming manifest in order to upload or insert advertisements in the main video stream according to specified criteria matching specific category or group of users or audience members and finally, the system is able to use a machine learning algorithm or artificial intelligence in order to process and edit media content in selecting candidate video clips and the machine learning is used to establish relationship between feature vector and the video metadata as disclosed in para.0086;0067-0068;0021-0022;0034;0038. This action is made final. Claims rejections-35 U.S.C. 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. Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nandi(US.Pub.Non.20250156896) in view of Hitching(US.Pub.No.20190182565). Regarding claim 1, Nandi et al disclose a system for contextual modification of media content based on multimodal extraction of metadata from said media( the system provides metadata related to media content as location of the ad in webpage and metadata related to the webpage;0083;0064 ; abstract; 0025), wherein said metadata is extracted by processing one or more scenes in said media to extract metadata(the system can retrieve or extract metadata associated with ads from database;0038) corresponding to multiple extraction modes and an embedding model (the system can use embedding model for managing metadata; 0038; 0074) for each extraction mode wherein an aggregated embedding model responsive to said extracted metadata for each mode formulates an aggregated embedding comprising(the system is able to group series of metadata;0066-0067;0038); a process controller(the system contains processors for processing data; 0044) including an embedding extractor(embedding model for processing metadata; abstract) responsive to a control input wherein said control input (users have the capability to input data and users have the capability of interacting with metadata; 0054; 0049) specifies one or more features defining a media modification opportunity(the system can provide temporal data related to advertising opportunity; 0003; 0021) and wherein said embedding extractor includes an embedding model(the system contains a plurality of embeddings models;0036) coordinated with said embedding model for one or more of said embedding modes to generate an opportunity embedding in the form of a vector(the system can predict advertising opportunity data based on embedding data and vectors associated with embeddings can be used to represent locations of metadata; 0036;0074); a vector comparison processor(the system is capable of comparing data; 0022) for determining the distance between said opportunity embedding(the system is able to compute distance between two embeddings;0092) and said aggregated embedding to determine a media modification opportunity(the system can determine advertising opportunity based on embedding data and the system can provide ads based on metadata and based on geographic location of a specific audience; abstract; 0005;0007;0058). But did not explicitly disclose wherein said process controller is responsive to said vector comparison processor to generate edit control instructions indicating a modification of said media upon detection of said media modification opportunity; a media content editor responsive to said edit control instructions to modify said media and having a modified media output wherein said media content editor uses generative Al techniques to modify said media content. However, Hitching et al disclose wherein said process controller is responsive to said vector comparison processor to generate edit control instructions indicating a modification of said media(the system can edit video content in order to generate video clips for a target audience; 0006-0007) upon detection of said media modification opportunity(the system is able to use specific algorithm to edit video content in selecting candidate video clips; 0033-0034;0088;0020-0022;0037;0077;0043); a media content editor responsive to said edit control instructions to modify said media and having a modified media output(the system can dynamically adjust the streaming manifest in order to upload or insert advertisements in the main video stream according to specified criteria matching specific category or group of users or audience members;0038) wherein said media content editor uses generative Al techniques to modify said media content(the system is able to use a machine learning algorithm or artificial intelligence in order to process and edit media content in selecting candidate video clips and the machine learning is used to establish relationship between feature vector and the video metadata; 0086;0067-0068;0021-0022;0034). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in “ wherein said process controller is responsive to said vector comparison processor to generate edit control instructions indicating a modification of said media upon detection of said media modification opportunity; a media content editor responsive to said edit control instructions to modify said media and having a modified media output wherein said media content editor uses generative Al techniques to modify said media content” for the purpose of improving viewing experiences of the users accordingly. Regarding claim 2, Nandi et al did not explicitly disclose further comprising a creative library, wherein said creative library stores one or more templates creatives and said edit control instructions specify said generative Al techniques to said template creative retrieved from said creative library application for use by said media content editor. However, Hitching et al disclose further comprising a creative library, wherein said creative library stores one or more templates creatives(data store 112; 0032-0033) and said edit control instructions specify said generative Al techniques( one or more machine learning algorithms,0067-0068; 0086) to said template creative retrieved from said creative library application for use by said media content editor(candidate clip editor algorithm,0085;0033-0034). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in “ further comprising a creative library, wherein said creative library stores one or more templates creatives and said edit control instructions specify said generative Al techniques to said template creative retrieved from said creative library application for use by said media content editor ” for the purpose of improving viewing experiences of the users accordingly Regarding claim 3, Nandi et al did not explicitly disclose wherein said edit control instructions cause said media content editor to apply said generative AI techniques based on triggering embeddings. However, Hitching et al disclose wherein said edit control instructions cause said media content editor to apply said generative AI techniques(machine learning algorithms;0068) based on triggering embeddings(the system is able to use trigger event in order to select video clips to edit the main video content; abstract; 0007; 0020-0021). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in “wherein said edit control instructions cause said media content editor to apply said generative AI techniques based on triggering embeddings ” for the purpose of improving viewing experiences of the users accordingly Regarding claim 4, Nandi et al did not explicitly disclose wherein said edit control instructions include triggering embeddings. However, Hitching et al disclose wherein said edit control instructions include triggering embeddings(the system can execute instruction based on triggers; 0037; 0075-0076;0090;0088). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in“wherein said edit control instructions include triggering embeddings ” for the purpose of improving viewing experiences of the users accordingly. Regarding claim 5, it is rejected using the same ground of rejection for claim 4. Regarding claim 6, Nandi et al did not explicitly disclose wherein said triggering embeddings are based in part on metadata concerning viewers, and further comprising a viewer database for viewer metadata. However, Hitching et al disclose wherein said triggering embeddings are based in part on metadata concerning viewers(the system discloses preferences associated with the users; 0039; 0078; 0059) and further comprising a viewer database for viewer metadata(the system stores metadata related to the users in the database 111; 0059; 0039). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in“ wherein said triggering embeddings are based in part on metadata concerning viewers, and further comprising a viewer database for viewer metadata ” for the purpose of improving viewing experiences of the users accordingly Regarding claim 7, Nandi et al did not explicitly disclose wherein said edit control instructions are dynamically generated based on said viewer database and scene content embeddings in said modified media content. However, Hitching et al disclose wherein said edit control instructions are dynamically generated based on said viewer database( the system stores metadata related to the users in the database 111; 0059; 0039) and scene content( frames and scenes,0046) embeddings in said modified media content(0044-0046; 0033-0035;0038). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in “wherein said edit control instructions are dynamically generated based on said viewer database and scene content embeddings in said modified media content ” for the purpose of improving viewing experiences of the users accordingly Regarding claim 8, Nandi et al did not explicitly disclose further comprising a modification selection server responsive to said opportunity to select a modification to apply to said media. However, Hitching et al disclose further comprising a modification selection server responsive to said opportunity to select a modification to apply to said media(the system provides an editing server 106 for selecting candidate clips of video content for modifying video content; 0033-0034;0037). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in “ further comprising a modification selection server responsive to said opportunity to select a modification to apply to said media” for the purpose of improving viewing experiences of the users accordingly Regarding claim 9, Nandi et al did not explicitly disclose wherein said modification selection server is a competitive bid processor. However, Hitching et al disclose wherein said modification selection server is a competitive bid processor(the system is able to use probability technique and engagement metrics to select a candidate clip to modify the video content; 0083; 0086;0020; 0035). It would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of Hitching to modify Nandi by providing options to adjust streaming manifest to upload advertisements or edit video clips with respect to metadata of Hitching to the system of Nandi resulting in “wherein said modification selection server is a competitive bid processor ” for the purpose of improving viewing experiences of the users accordingly Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN D SAINT CYR whose telephone number is (571)270-3224. The examiner can normally be reached 9-5. 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, Brian Pendleton can be reached at 5712727527. 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. /JEAN D SAINT CYR/Examiner, Art Unit 2425 /Brian T Pendleton/Supervisory Patent Examiner, Art Unit 2425
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Prosecution Timeline

Feb 19, 2024
Application Filed
May 01, 2025
Non-Final Rejection mailed — §103
Jul 31, 2025
Response Filed
Oct 29, 2025
Non-Final Rejection mailed — §103
Jan 28, 2026
Response Filed
Apr 24, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
60%
Grant Probability
69%
With Interview (+8.4%)
3y 6m (~1y 2m remaining)
Median Time to Grant
High
PTA Risk
Based on 599 resolved cases by this examiner. Grant probability derived from career allowance rate.

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