DETAILED ACTION
This is in reference to communication received 09 March 2026. Claims 1 and 21 – 39 are pending for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 21 – 39 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.
Independent claim 39 and representative claims 1 and 38, in part is directed toward a statutory category of invention, the claim appears to be directed toward a judicial exception namely an abstract idea. Claim 39 recites invention directed to storing a marginal competition parameter and a probabilistic coefficient parameter associated with guaranteed deals and non-guaranteed deals (e.g., advertising content) that can be inserted during playback of primary content; subsequent to delivery of a secondary content (e.g., guaranteed advertising), a feedback is received indicating that that the a secondary content has been delivered by playing it during playback of primary content; received feedback is used to update the marginal competition parameter or the probabilistic coefficient parameter for one or more guaranteed deals based on a delivery number and a delivery speed of a guaranteed deal compared to an expected delivery pattern; a guaranteed deal is selected based on the probabilistic coefficient parameter and its first value that represents multiple values of the marginal competition parameter for guaranteed deals is determined and compared to a threshold value. For guaranteed deals under-pacing the expected delivery pattern, determined first value is modified to a higher value that is above a maximum value for the marginal competition parameter, or modify first value to a lower value for guaranteed deals over-pacing the expected delivery pattern an advertising related to non-guaranteed deals is identified and an associated second value is determined. First value and second value are compared to determine the higher value and the second-content (e.g. an advertising) is selected, which, pursuant to MPEP 2106.04, is aptly categorized as a method of organizing human activity (i.e. advertising). There is no technology or processor positively recited to perform the claimed steps. Therefore, the claims recite a judicial exception.
Further, the aforementioned claims recite additional functional elements that are associated with the judicial exception, including: storing parameters associated with guaranteed deals and non-guaranteed deals, and defining that the inventions is designed to be used in during a break in a playback of primary content (e.g., advertisements will be displayed to a user during a break in the streamed video content they are viewing). Additionally, subsequent to receiving feedback and modifying of parameters based upon the feedback, making a selection of a content from a pool of guaranteed-deal and another content from pool of non-guaranteed-deal, however, results of selections are not utilized in the invention as currently claimed. Examiner understands these limitations to be insignificant extrasolution activity. (See Accenture, 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Cf. Diamond v. Diehr, 450 U.S. 175, 191-192 (1981) ("[I]nsignificant post-solution activity will not transform an unpatentable principle in to a patentable process.”). Not only do these features fail to integrate the abstract idea into a practical application (see below), but it can also reasonably be seen as the conventional application to implement the abstract idea on a computer, and merely uses a computer as a tool to perform the abstract idea. See MPEP 2106.05(f).
Represented claims 1 and 38, which do recite statutory categories (machine, product of manufacture, for example), the same analysis as above applies to these claims since the method steps are the same. However, the judicial exception is not integrated into a practical application. These claims add the generic computer components (additional elements) of a system comprising one or more hardware processors and a memory (claim 1), and a non-transitory machine-readable medium comprising instructions that when executed by a processor of a machine cause the machine to perform the method addressed above (claim 38).
The processor, memory, and non-transitory machine-readable medium are recited at a high-level of generality such that they amount to no more than mere instructions to apply the exception using a generic computer component. 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 claims are directed to an abstract idea.
The claims do 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 element of the processor, memory, and non-transitory machine-readable medium amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
When taken as an ordered combination, nothing is added that is not already present when the elements are taken individually. When viewed as a whole, the marketing activities amount to instructions applied using generic computer components.
As for dependent claims 21 – 37, these claims recite limitations that further define the same abstract idea of determination of the relationship between the first-merchant and the second-merchant will be based upon the location characteristics and product characteristics associated with the first-merchant (preference of the customer) and the second-merchant, defining what customer data will be considered for generation of place-graph, and what information will be identified on the place-graph, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of organizing certain methods of human activity related to advertising, marketing or sales activities or behaviors but for the recitation of generic computer components. Accordingly, the claim recites an abstract idea.
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 and 21 – 39 are rejected under 35 U.S.C. 103 as being unpatentable over Mak et al. US Publication 2014/0123173 in view of Gorsline et al. US Publication 2017/0161774 and Ghate et al. US Publication 2008/0255936.
Regarding claim 39 and representative claims 1 and 38, Mak teaches system and method for managing the pacing of video ad delivery in an online video distribution which May include serving streaming video with included ad breaks from a computer server [Mak, 0005, 0006], comprising:
delivering during a break, secondary content that is inserted during playback of primary content (Mak, The method may further include allocating, by the server, a set of purchased video advertisements included in a defined ad campaign to ad breaks included in the streaming video over a planned duration of the ad campaign, based on a pacing scheme. The method may further include serving, from the server, the video advertising allocated to the included ad breaks based on the pacing scheme) [Mak, 0006];
receiving feedback from secondary content being delivered, wherein the secondary content is associated with guaranteed deals being delivered (Mak, The method may further include allocating, by the server, a set of purchased video advertisements included in a defined ad campaign to ad breaks included in the streaming video over a planned duration of the ad campaign, based on a pacing scheme. The method may further include serving, from the server, the video advertising allocated to the included ad breaks based on the pacing scheme.) [Mak, 0053];
Mak does not explicitly teach deals to be guaranteed-deals and non-guaranteed-deals. However, Gorsline teaches a seller may setup a direct non-guaranteed campaign, where there is no commitment as to how many impressions will be received for an ad, or, seller may setup a direct campaign, where there is a commitment by the seller that the seller will make best efforts to deliver a stated number of impressions.) [Gorsline, 0060]. Gorsline further recites campaign data store that stores at least campaign targeting criteria and campaign schedules, an adjusted value for a first targeted guaranteed item of content associated with a first entity based at least in part on: a previously specified value communicated with the first entity; historical delivery performance for the first targeted guaranteed item of content during a first time period; and a delivery schedule for the first targeted guaranteed item of content [Gorsline, 0011].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Mak by adopting teachings of Gorsline to ensure that content that is associated with a guaranteed delivery will consistently be delivered over a network prior to content that is not associated with a guaranteed delivery.
Mak in view of Gorsline teaches system and method further comprising:
storing a marginal competition parameter that controls selection between guaranteed deals and non-guaranteed deals and a probabilistic competition parameter that controls selection between guaranteed deals, and not with the non-guaranteed deals, wherein the guaranteed deals and non-guaranteed deals are associated with secondary content that is inserted during playback of primary content (Gorsline further recites campaign data store that stores at least campaign targeting criteria and campaign schedules, an adjusted value for a first targeted guaranteed item of content associated with a first entity based at least in part on: a previously specified value communicated with the first entity; historical delivery performance for the first targeted guaranteed item of content during a first time period; and a delivery schedule for the first targeted guaranteed item of content; receiving, at the content routing system, a request for content from a user agent; determining, by the content routing system, whether the first targeted guaranteed item of content is eligible to be delivered to the user agent based at least in part on: at least one targeting criterion associated with the first targeted guaranteed item of content, and a pace setting associated with the first targeted guaranteed item of content; at least partly in response to determining that the first targeted guaranteed item of content is eligible to be delivered to the user agent based at least in part on the targeting criterion and the pace associated with the first targeted guaranteed item of content. [Gorsline, 0011];
using the feedback from selection of secondary content that is associated with guaranteed deals being delivered to individually update the marginal competition parameter or the probabilistic coefficient parameter probabilistic competition parameter for one or more guaranteed deals based on a delivery number and a delivery speed of a guaranteed deal compared to an expected delivery pattern (Mak, Pace control may be implemented using a feedback control loop to increase or decrease the rate at which the streaming service streams ads in the campaign, to conform to the pacing scheme.) [Mak, 0053];
selecting a guaranteed deal from a group of multiple guaranteed deals based on the probabilistic coefficient parameter for guaranteed deals in the group of multiple guaranteed deals (Mak, 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.) [Mak, 0058, 0036];
Mak in view of Gorsline does not explicitly teach using contents based on comparison of values of deals. However, Ghate teaches ad provider identifies a subset of advertisement campaigns of the first plurality of advertisement campaigns that are delivering below their upper bound. Additionally, at block 714, the ad provider identifies a second plurality of advertisement that are served on a non-guaranteed or performance basis that are deliverable to the target requesting delivery of an advertisement. The ad provider then determines an advertisement campaign of the subset of the first plurality of advertisement campaigns or the second plurality of advertisement campaigns that will generates the greatest revenue for the ad provider [Ghate, 0047-0048].
Therefore, at the time of filing, it would have been obvious to one of ordinary skill in the art to modify Mak in view of Gorsline by adopting teachings of Ghate to manage under-delivery and over-delivery during advertising campaign.
Mak in view of Gorsline and Ghate teaches system and method further comprising:
determining a first value that represents values of the marginal competition parameter for guaranteed deals in the group of multiple guaranteed deals (Ghate, the ad provider then determines an advertisement campaign of the subset of the first plurality of advertisement campaigns or the second plurality of advertisement campaigns that will generates the greatest revenue for the ad provider.the ad provider then determines an advertisement campaign of the subset of the first plurality of advertisement campaigns or the second plurality of advertisement campaigns that will generates the greatest revenue for the ad provider.) [Ghate, 0048] wherein determining the first value comprises:
comparing a combination of multiple values of the probabilistic coefficient parameter for the multiple guaranteed deals to a threshold; and setting the first value to a higher value that is above a maximum value for the marginal competition parameter of the group of multiple guaranteed deals when the combination of multiple values is larger than the threshold to address the group of guaranteed deals under-pacing the expected delivery pattern and set the first value to the maximum value for the marginal competition parameter when the combination of multiple values is less than the threshold to address the group of guaranteed deals over- pacing the expected delivery pattern (Gorsline, For example, the value of the guaranteed ad may be adjusted upwards if it is at a higher priority level than other priority RIB and non-guaranteed ads. The value of the guaranteed ad may be adjusted downwards if it is at a lower priority level than other priority RTB and non-guaranteed ads. Gorsline further teaches When the system identifies an impression that matches the rare combination of attributes, the value of the guaranteed ad may be adjusted upwards ( e.g., significantly upwards) to increase the likelihood that it will win the rare impression.) [Gorsline, 0069, 0070];
determining a second value that represents multiple values of the marginal competition parameter for a group of multiple non-guaranteed deals (Ghate, the ad provider then determines an advertisement campaign of the subset of the first plurality of advertisement campaigns or the second plurality of advertisement campaigns that will generates the greatest revenue for the ad provider.the ad provider then determines an advertisement campaign of the subset of the first plurality of advertisement campaigns or the second plurality of advertisement campaigns that will generates the greatest revenue for the ad provider.) [Ghate, 0048];
comparing the first value for guaranteed deals in the group of multiple guaranteed deals and a second value for the group of multiple non-guaranteed deals to determine which of the first value or the second value is higher (Ghate, eCPM allows advertisement service provider a direct basis for comparing monetization potential of a campaign with that of a campaign paying based on impressions ( CPM). The ad provider determines the advertisement campaign with the greatest CPM or eCPM that will generate the greatest revenue for the ad provider and serves an advertisement from the determined advertisement campaign to the target at block 718.) [Ghate, 0048];
selecting one of the group of multiple guaranteed deals or the group of multiple non-guaranteed deals based on which of the first value or the second value is higher (Ghate, ad provider identifies a subset of advertisement campaigns of the first plurality of advertisement campaigns that are delivering below their upper bound. Additionally, at block 714, the ad provider identifies a second plurality of advertisement that are served on a non-guaranteed or performance basis that are deliverable to the target requesting delivery of an advertisement.) [Ghate, 0047];
using secondary content for the guaranteed deal that was selected when the group of multiple guaranteed deals is selected (Ghate, ad provider identifies a subset of advertisement campaigns of the first plurality of advertisement campaigns that are delivering below their upper bound. Additionally, at block 714, the ad provider identifies a second plurality of advertisement that are served on a non-guaranteed or performance basis that are deliverable to the target requesting delivery of an advertisement.) [Ghate, 0047]; and
selecting secondary content for a non-guaranteed deal from the group of multiple non-guaranteed deals when the group of multiple non-guaranteed deals is selected, wherein the secondary content is selected for delivery during a break in the primary content (Ghate, eCPM allows advertisement service provider a direct basis for comparing monetization potential of a campaign with that of a campaign paying based on impressions ( CPM). The ad provider determines the advertisement campaign with the greatest CPM or eCPM that will generate the greatest revenue for the ad provider and serves an advertisement from the determined advertisement campaign to the target at block 718.) [Ghate, 0048].
Regarding claim 21, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein the selector:
receives a request for secondary content for the break during playback of the primary content (Mak, 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.) [Mak, 0058, 0036]; and
sends information for the secondary content in response to the request to cause delivery of the secondary content (Ghate, eCPM allows advertisement service provider a direct basis for comparing monetization potential of a campaign with that of a campaign paying based on impressions ( CPM). The ad provider determines the advertisement campaign with the greatest CPM or eCPM that will generate the greatest revenue for the ad provider and serves an advertisement from the determined advertisement campaign to the target at block 718.) [Ghate, 0048].
Regarding claim 22, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein the updater:
receives feedback from a display of the secondary content (Mak, The method may further include allocating, by the server, a set of purchased video advertisements included in a defined ad campaign to ad breaks included in the streaming video over a planned duration of the ad campaign, based on a pacing scheme. The method may further include serving, from the server, the video advertising allocated to the included ad breaks based on the pacing scheme.) [Mak, 0053];
uses the feedback to update the delivery number and the delivery speed of the guaranteed deal (Mak, Pace control may be implemented using a feedback control loop to increase or decrease the rate at which the streaming service streams ads in the campaign, to conform to the pacing scheme.) [Mak, 0053]; and
updates the first parameter or the second parameter based on the delivery number and the delivery speed that is updated (Mak, Pace control may be implemented using a feedback control loop to increase or decrease the rate at which the streaming service streams ads in the campaign, to conform to the pacing scheme.) [Mak, 0053].
Regarding claim 23, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches wherein the delivery pattern is a set pacing of the delivery speed to deliver the secondary content over a time period (Mak, Pace control may be implemented using a feedback control loop to increase or decrease the rate at which the streaming service streams ads in the campaign, to conform to the pacing scheme.) [Mak, 0053].
Regarding claim 24, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method, wherein the guaranteed deal guarantees the delivery number of secondary content is delivered over the time period (Mak, The method may further include allocating, by the server, a set of purchased video advertisements included in a defined ad campaign to ad breaks included in the streaming video over a planned duration of the ad campaign, based on a pacing scheme. The method may further include serving, from the server, the video advertising allocated to the included ad breaks based on the pacing scheme.) [Gorsline, 0007].
Regarding claim 25, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein the non-guaranteed deals do not include requirements for the delivery number or delivery speed in the delivery pattern (Gorsline, the seller may setup a direct non-guaranteed campaign, where there is no commitment as to how many impressions will be received for an ad.) [Gorsline, 0060].
Regarding claim 26, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein the selector: selects the guaranteed deal based on a weighted random selection of guaranteed deals in the group of guaranteed deals, wherein the weights are based on the second parameter associated with guaranteed deals (Gorsline, The guaranteed ads may optionally be targeted ads, wherein the targeting may optionally utilize one or more of the following: demographic targeting (e.g., gender, age, income, location, etc.), property targeting (e.g., specifying a particular website, website page, app, or other property where an ad should be shown), behavioral targeting (e.g., which sites a user has previously visited, what searches the user has performed, what purchases the user has made, etc.), or event targeting (e.g., a specific scheduled sporting event, such as an individual game or a tournament). Gorsline also recited the system may weigh different conditions differently and may dynamically calculate and modiry the adjusted value as conditions change) [Gorsline, 0007, 0079].
Regarding claim 27, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein the guaranteed deal that is selected does not have a highest value for the second parameter (Gorsline, When the system identifies an impression that matches the rare combination of attributes, the value of the guaranteed ad may be adjusted upwards (e.g., significantly upwards) to increase the likelihood that it will win the rare impression.) [Gorsline, 0070].
Regarding claim 28, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein the updater: compares the delivery speed to the expected delivery pattern; increases the second parameter when the delivery number and the delivery speed of the guaranteed deal is behind the expected delivery pattern; and decreases the second parameter when the delivery number and the delivery speed of the guaranteed deal is ahead of the expected delivery pattern (Gorsline, if the ad is at or close to the specified desired fulfillment and the recent rate of change would cause the delivery to overshoot the desired fulfillment, the valuation algorithm may decrease the pace and/or the ad's effective auction value. If the ad is at or close to the specified desired fulfillment and the ad the recent rate of change would cause the system to undershoot the desired fulfillment, the valuation algorithm may increase the pace and/or the ad's effective auction value. If the ad is far from the specified desired fulfillment and the recent fulfillment history does not show progress towards reaching the desired fulfillment, the system may increase the pace and/or the ad's effective auction value. Optionally, changing the pace may be only or primarily used for slowing the delivery of an over-delivering ad.) [Gorsline, 0131].
Regarding claim 29, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, further comprising an updater: initializes the first parameter for the guaranteed deals to a first initial value; initializes the second parameter for the guaranteed deals to a second initial value; and initializes the second parameter for the non-guaranteed deals to a third initial value based on values from the non-guaranteed deals in the group of non-guaranteed deals (Gorsline, at least partly in response to a determination that the adjusted value for the eligible first targeted guaranteed item of content is less than at least the first bid associated with the first non-guaranteed item of content, cause a non-guaranteed item of content to be routed for display to the user agent; and at least partly in response to a determination that the adjusted value for the eligible first targeted guaranteed item of content is greater than the received first plurality of open market bids for respective nonguaranteed items of content, cause the first targeted guaranteed item of content to be routed for display to the user agent.) [Gorsline, claim 1].
Regarding claim 30, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein: the second initial value for the guaranteed deals is based on the delivery pattern for respective guaranteed deals, and the third initial value for the non-guaranteed deals is based on an average of values for the second parameter of the group of non-guaranteed deals (Gorsline, at least partly in response to a determination that the adjusted value for the eligible first targeted guaranteed item of content is less than at least the first bid associated with the first non-guaranteed item of content, cause a non-guaranteed item of content to be routed for display to the user agent; and at least partly in response to a determination that the adjusted value for the eligible first targeted guaranteed item of content is greater than the received first plurality of open market bids for respective nonguaranteed items of content, cause the first targeted guaranteed item of content to be routed for display to the user agent.) [Gorsline, claim 1].
Regarding claim 31, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches system and method, wherein the selector:
determines values for the first parameter for the group of guaranteed deals; determines values for the first parameter for the group of non-guaranteed deals; selects the first value for the first parameter for the group of guaranteed deals and the second value for the first parameter for the group of non-guaranteed deals (Gorsline, at least partly in response to a determination that the adjusted value for the eligible first targeted guaranteed item of content is less than at least the first bid associated with the first non-guaranteed item of content, cause a non-guaranteed item of content to be routed for display to the user agent; and at least partly in response to a determination that the adjusted value for the eligible first targeted guaranteed item of content is greater than the received first plurality of open market bids for respective nonguaranteed items of content, cause the first targeted guaranteed item of content to be routed for display to the user agent.) [Gorsline, claim 1]; and
selects the group of guaranteed deals or the group of non-guaranteed deals based on the first value and the second value (Gorsline, Winning ads may be provided to the inventory sources for display on user terminals.) [Gorsline, 0011].
Regarding claim 32, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method, wherein the updater: determines a risk of not meeting the expected delivery pattern for the group of guaranteed deals; and sets the first value to a higher value that is above the values for the first parameter of the group of guaranteed deals (Mak, Pace control may be implemented using a feedback control loop to increase or decrease the rate at which the streaming service streams ads in the campaign, to conform to the pacing scheme.) [Mak, 0053].
Regarding claim 33, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method, wherein the updater: does not determine the risk of not meeting the expected delivery pattern for the group of guaranteed deals; and sets the first value to a maximum value found in the values for the first parameter of the group of guaranteed deals (Mak, Pace control may be implemented using a feedback control loop to increase or decrease the rate at which the streaming service streams ads in the campaign, to conform to the pacing scheme.) [Mak, 0053].
Regarding claim 34, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches, wherein: the second value is based on a maximum value found in the values for first parameter of the group of non-guaranteed deals (Ghate, eCPM allows advertisement service provider a direct basis for comparing monetization potential of a campaign with that of a campaign paying based on impressions ( CPM). The ad provider determines the advertisement campaign with the greatest CPM or eCPM that will generate the greatest revenue for the ad provider and serves an advertisement from the determined advertisement campaign to the target at block 718.) [Ghate, 0048].
Regarding claim 35, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches, wherein:
selects the guaranteed deal that does not have a highest value for the first parameter or the second parameter among the group of guaranteed deals (Gorsline, techniques for serving digital advertisements utilize a sequential, waterfall technique, where ads whose impressions are "guaranteed" are treated as having the highest priority and are served first, and then those ads with the next highest priority are served, and so on. Conventionally, only when there are no guaranteed ads that need to be delivered, is open market real-time bidding invoked to sell ad impressions, where advertising inventory is bought and sold on a per-impression basis, in substantially real time, typically to the highest bidder. Thus, conventional techniques do not enable open market buyers that are willing to pay more than the value of the guaranteed ads to obtain priority over such guaranteed ads with respect to ad placement.) [Gorsline, 0011].
Regarding claim 36, as combined and under the same rationale as above, Mak in view of Gorsline and Ghate teaches system and method teaches, wherein: a guaranteed deal with a delivery goal smaller than other delivery goals and a higher first parameter or a higher second parameter in the group of guaranteed deals is not selected (Gorsline, Winning ads may be provided to the inventory sources for display on user terminals.) [Gorsline, 0011].
Regarding claim 37, as combined and under the same rationale as above, Mak in view of Ghate teaches system and method teaches, further comprising:
a server that delivers the secondary content to a client device during the break (Mak, 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.) [Mak, 0058].
Response to Arguments
Applicant's argument that pending claimed amended invention is eligible for patent under 35 USC 101 because the claimed invention is directed to a video delivery service configured to deliver, during a break, secondary content that is inserted during playback of primary content. Claim 1 also selects secondary content for delivery during a break in the primary content. The claims do not recite methods of organizing human activity. Rather, the claims are directed to delivering content.
However, upon further review it is deemed that the claimed invention is directed to organizing human activity wherein a sales or marketing team (or person) fulfills the function of increasing advertising revenue and also ensuring that the terms of contract between them and an entity are also fulfilled when they have a guaranteed advertising delivery contract with the entity, and control the contract my managing pacing for presenting of advertisement.
Applicant's argument that pending claimed amended invention is eligible for patent because cited prior art does not teach amended invention is acknowledged and considered.
However, when an updated search was performed considering amended claimed invention, new prior art was found which have been cited in this office action. Therefore, applicant’s arguments are moot under new ground of rejection.
Conclusion
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/NARESH VIG/Primary Examiner, Art Unit 3622
April 2, 2026
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