DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the communication filed on 11/17/2025.
Claims 1, 4, 14, 17-18 and 20 have been amended.
4. Claims 1-20 are currently pending and are considered below.
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on11/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
6. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
7. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1, 14 and 20, representative claim 1 recites a method, which is a statutory class, executed by a network equipment device, an ad server, a supply side platform, marketer ad server, a memory and a processor: the method of providing content to a user of a first Quadrature Amplitude Modulation (QAM) customer premises device located at a first customer premises, the method comprising:
storing information associating a first Media Access Control (MAC) address of the first QAM customer premises device located at the first customer premises with a first Internet Protocol (IP) address corresponding to the first customer premises;
receiving, at a network equipment device, a first message, said first message including information identifying an opportunity for the presentation of content and the first MAC address, said first message not including the first IP address;
determining an IP address corresponding to the first MAC address from the stored information;
generating an advertisement (ad) request, said ad request including the first IP address;
communicating the generated ad request including the first IP address to a supply side platform (SSP);
transcoding, by the network equipment device, content identified by the SSP,
said content identified by the SSP being media content, said media content including
audio and video content;
generating, by a Quadrature Amplitude Modulation content server, QAM
signals for the transcoded media content, said Quadrature Amplitude Modulation
content server including a QAM cable network interface supporting QAM signaling
over cable; and
transmitting, by the Quadrature Amplitude Modulation content server, the
generated QAM signals for the transcoded media content via said QAM cable
network interface over a cable network to the first QAM customer premises device.
The steps of,
storing information associating a first Media Access Control (MAC) address of the first QAM customer premises device located at the first customer premises with a first Internet Protocol (IP) address corresponding to the first customer premises;
receiving, at a network equipment device, a first message, said first message including information identifying an opportunity for the presentation of content and the first MAC address, said first message not including the first IP address;
determining an IP address corresponding to the first MAC address from the stored information;
generating an advertisement (ad) request, said ad request including the first IP address;
communicating the generated ad request including the first IP address to a supply side platform (SSP);
transcoding, by the network equipment device, content identified by the SSP,
said content identified by the SSP being media content, said media content including
audio and video content;
generating, by a Quadrature Amplitude Modulation content server, QAM
signals for the transcoded media content, said Quadrature Amplitude Modulation
content server including a QAM cable network interface supporting QAM signaling
over cable; and
transmitting, by the Quadrature Amplitude Modulation content server, the
generated QAM signals for the transcoded media content via said QAM cable
network interface over a cable network to the first QAM customer premises device
,
as drafted, is a process that, under its broadest reasonable interpretation, covers a method of organizing human activity. Given the broadest reasonable interpretation, the claim recites a method of providing content to a user of a first Quadrature Amplitude Modulation (QAM) customer premises device located at a first customer premises. The above identified method steps recite commercial interactions such as sales activities and/or tailored personalized marketing relating to communicating generated ad request including the first IP address to a supply side platform (SSP).
If a claim limitation, under its broadest reasonable interpretation, covers commercial interaction such as tailored personalized marketing, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a network equipment device, an ad server, a supply side platform, marketer ad server, a Quadrature Amplitude Modulation content server, a memory and a processor. The network equipment device, an ad server, a supply side platform, marketer ad server, a Quadrature Amplitude Modulation content server, a memory and a processor is recited at a high-level of generality (i.e., as a generic processor performing a generic computer functions of storing information associating a first Media Access Control (MAC) address of the first QAM customer premises device; receiving, a first message; determining an IP address; generating an advertisement (ad) request; and communicating the generated ad request) such that they amount to no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a network equipment device, an ad server, a supply side platform, marketer ad server, a Quadrature Amplitude Modulation content server, a memory and a processor amount to no more than mere instructions to apply the exception using generic computer components. The additional elements are similar to the additional elements found by courts to be mere instructions to apply an exception because they do no more than merely invoke computers or machinery to perform an existing process such as: a common business method or mathematical algorithm being applied on a general purpose computer (Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 US 208, 223; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334); providing a user with tailored information like advertisements based on information known about the user such as a location, address, or personal characteristics and a time of day is a fundamental practice long prevalent in our system); In re Morsa, 809 F. App’x 913, 917 (Fed. Cir. 2020); and generating a second menu from a first menu and sending the menu to the second location as performed by a generic computer components (Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1243-44). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, considered as an ordered combination, the additional elements add nothing that is not already present when the steps are considered separately. That is, a network equipment device, an ad server, a supply side platform, marketer ad server, a memory and a processor, performing commercial interactions including: storing information associating a first Media Access Control (MAC) address of the first QAM customer premises device; receiving, a first message; determining an IP address; generating an advertisement (ad) request; and communicating the generated ad request, amount to mere instructions to apply the steps to a computer comprising of a processor.
Thus, claims 1, 14 and 20 are not eligible.
Dependent claims 2,5-10, 15, 18-19, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent claims 1 and 14 without significantly more.
As for dependent claims 3-4 and 16-17, these claims recite further comprising:
receiving, at an ad server, from the SSP, information identifying content to be supplied to the first QAM customer premise device as part of a QAM session.”; and “operating the ad server to initiate delivery of the identified content in the QAM session to the first QAM customer premises device.” The steps of receiving and operating are also directed to certain methods of organizing human activity. Therefore, they are considered patent ineligible for the reasons given above. The additional limitations of the dependent claims, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself.
As for dependent claim 11, this claim recites further comprising: “inserting, by the VOD content server, the identified content into the QAM VOD content stream in response to receiving the identified content from the VOD ad router.” The steps of inserting identified content into the QAM VOD content stream is also directed to certain methods of organizing human activity. Therefore, they are considered patent ineligible for the reasons given above. The additional limitations of the dependent claims, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself.
As for dependent claims 12-13, these claims recite “receiving the ad request at the SSP; generating, at the SSP, a real-time bid request based on information included in the ad request, said real-time bid request including the first IP address; communicating from the SSP the real-time bid request to a demand side platform; receiving the real-time bid request at the demand side platform; communicating the real-time bid request from the demand side platform to one or more Marketer ad servers; and receiving at the one or more Marketer ad servers the communicated real-time bid request; and using, by one or more of the Marketer ad servers which receive the real-time bid request, the first IP address included in the real-time bid request to perform addressable audience targeting advertising.” These claims recite limitations that further define the same abstract idea noted in claims 16, 20 and 24, wherein the steps are executed by a network equipment device, an ad server, a supply side platform, marketer ad server, a memory and a processor, amount to mere instructions to apply the steps to a computer comprising of a processor. Therefore, they are considered patent ineligible for the reasons given above. The additional limitations of the dependent claims, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself.
Claims 1-20 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Response to Arguments
8. Applicant’s arguments filed 11/17/2025, with respect to THE REJECTION OF CLAIMS 1-20 under 35 U.S.C. 102/103(a) have been fully considered and are persuasive. The rejection of claims 1-20 under 35 U.S.C. 102/103(a) has been withdrawn.
9. Applicant's arguments filed on 11/17/2025 with respect to the rejection of claims 1-20 under 35 U.S.C. 101 have been fully considered but they are not persuasive. See new rejection above with respect to the amended claims.
Conclusion
10. The prior art Brooks et al. (U.S. Patent No. 8,863,201) discloses providing content to a plurality of client devices in a content delivery network via a gateway apparatus, the gateway apparatus being configured to modulate content onto one or more of a plurality of available quadrature amplitude modulated (QAM) radio frequency (RF) channels (see at least column 5 lines 7-57) and
11. Fairchild et al. (U.S. Patent No. 12,265,982) discloses DSPs are unique as they offer the same capabilities as what ad networks used to provide, with an addition to a suite of audience targeting options. The advantage of DSPs over ad networks is that they provide advertisers with the ability to do real-time bidding on ads, serve ads to a multitude of platforms, track and optimize-all under a single interface. Some targeting options offered by a DSP include-demographic targeting (targets based on demographic features such as age (or age group), job title, gender, education etc.), device targeting (shows viewers ads on specific devices to improve the personalization), re-targeting (targeting existing customers) and so on. DSPs are also used for retargeting campaigns. This is possible because they are able to manage large volumes of ad inventories and recognize ad requests with an ideal target audience, targeted by the advertiser (see at least column 4 lines 19-54).
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Dufresne (U.S. Pub. No. 2024/0348854) discloses the supplemental-content bid request may be generated following Open Real Time Bidding specifications and requirements (see at least paragraph 0045).
14. Ur et al. (U.S. Patent No. 11,272,259) discloses for real-time bidding, a typical transaction begins with a user visiting a website. This triggers a bid request that can include various pieces of data such as the user's demographic information, browsing history, location, and the page being loaded. The request goes from the content provider 202 to an advertisement exchange, which submits it and the accompanying data to multiple advertisers 204A-N who automatically submit bids in real time to place their advertisements. Advertisers 204A-N bid on each advertisement impression as it is served. The impression goes to the highest bidder and their advertisement is served on the page (see at least Column 5 lines 25-37).
15. An updated search found:
16. Elcock et al. (U.S. Patent No. 11,727,444) discloses a device, system, and method implemented in a computer system for delivering targeted advertisements to a customer device on a network. A request is received from the customer device to download a media content file. Targeted advertisement opportunities are detected in the media content file. Profile data is received for the customer device, and targeted advertisements are received that relate to the profile data for the customer device. The media content file and the targeted advertisements are sent in response to the request from the customer device to download the media content file (see at least the Abstract).
17. The previously applied references of Brooks et al. (U.S. Patent No. 8,863,201) and Fairchild et al. (U.S. Patent No. 12,265,982) do not teach the amended limitations transcoding, by the network equipment device, content identified by the SSP, said content identified by the SSP being media content, said media content including audio and video content; generating, by a Quadrature Amplitude Modulation content server, QAM signals for the transcoded media content, said Quadrature Amplitude Modulation content server including a QAM cable network interface supporting QAM signaling over cable; and transmitting, by the Quadrature Amplitude Modulation content server, the generated QAM signals for the transcoded media content via said QAM cable network interface over a cable network to the first QAM customer premises device.
17. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARILYN G MACASIANO whose telephone number is (571)270-5205. The examiner can normally be reached Monday-Friday 12:00-9:00 pm.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 03/01/2026