DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al (US PG Pub No. 2016/0066005), in view of Dabbiere et al et al (US PG Pub No. 2016/0359990).
Regarding claims 1, 8 and 15 an audience measurement computing system (Figure 1; Abstract) comprising:
a processor; and a memory storing instructions that, when executed by the processor, cause the audience measurement computing system to perform operations (Fig. 13 and Para. 0069) comprising:
obtaining a set of streaming media data pairs from a media provider [130], the set of streaming media data pairs corresponding to respective times (i.e. user and/or device identifiers, streaming data is identified and time stamped) at which a media presentation device [151, 154] accessed streaming media transmitted by the media provider [130] (i.e. data table generated in response to streaming device(s) streaming data) (Fig. 8-9; Para. 0034, 0072-74);
identifying one or more stored media data pairs in a media database (i.e. storing user identifying information and/or demographics such that received user identifiers can be translated into demographic information) (Para. 0066), the one or more stored media data pairs corresponding to one or more streaming media data pairs included in the set of streaming media data pairs obtained from the media provider (i.e. identify demographic information in association with the received user/device identifier(s)) (Fig. 7; Para. 0066, 0087-88, 0090);
identifying one or more panelists associated with the one or more stored media data pairs (i.e. a user and/or device identifier to identify a panelist and/or panelist device associated with a media presentation) (Para. 0064, 0087);
determining, based on a comparison of the one or more streaming media data pairs and the one or more stored media data pairs, that the one or more panelists are associated with the one or more streaming media data pairs included in the set of streaming media data pairs obtained from the media provider (Para. 0064, 0087, 0090); and assigning demographic data corresponding to the one or more panelists with the one or more streaming media data pairs (the media monitoring information includes a user and/or device identifier to identify a panelist and/or panelist device associated with a media presentation. The user and/or device identifier enables correlation of the media monitoring events with a particular panelist and/or panelist demographic) (Para. 0087, 0090).
The reference is unclear with respect to determining a probability and based on the probability.
In similar field of endeavor, Dabbiere et al teaches concept of determining a probability and based on the probability (Figures 4A, 5; Abstract, Para. 0042-43, 0045, 0055). It would have been obvious to one of ordinary skill in the art to modify the system of Davis by specifically determining a probability and based on the probability before the effectively filing date of the claimed invention for the common knowledge purpose of accurately calculating an outcome associated with a media presentation to provide valuable information to service providers and/or advertisers.
Claims 2, 9 and 16 are rejected wherein the set of streaming media data pairs comprises a plurality of streaming media data pairs, each streaming media data pair comprising an identification of the streaming media (920, 930) transmitted by the media provider [130] and a timestamp (910) corresponding to an access of the streaming media (Davis: Figure 9; Para. 0075).
Claims 3, 10 and 17 are rejected wherein assigning the demographic data corresponding to the one or more panelists with the one or more streaming media data pairs based on the probability comprises: determining that the probability is above a probability threshold (Davis: Para. 0087, 0090 and Dabbiere: 0035, 0045).
Claims 4, 11 and 18 are rejected wherein assigning the demographic data corresponding to the one or more panelists with the one or more streaming media data pairs based on the probability comprises, for each of the one or more panelists: mapping a panelist identifier onto respective demographic data associated with the panelist in a panelist database (Davis: Figures 9, 11; Para. 0087, 0090 and Dabbiere: 0042-43, 0045, 0055).
Claims 5, 12 and 19 are rejected wherein the media presentation device comprises: a desktop computer, a laptop computer, a smartphone, a tablet, or a television (Davis: Figures 1-2; Para. 0032).
Claims 6, 13 and 20 are rejected wherein identifying that the one or more stored media data pairs correspond to the one or more streaming media data pairs comprises: determining that at least one stored media data pair matches at least one streaming media data pair (Davis: Figures 9, 11; Abstract, Para. 0087, 0090).
Claims 7 and 14 are rejected wherein identifying that the one or more stored media data pairs correspond to the one or more streaming media data pairs further comprises:
determining that a second stored media data pair different from the at least one stored media data pair matches a second streaming media data pair; based on the determination, determining a correspondence criteria between the one or more stored media data pairs and the one or more streaming media data pairs (Davis: Fig. 9, 11 and 12; Abstract, Para. 0083-84, 0087, 0096); and
based on the correspondence criteria, identifying the one or more stored media data pairs as corresponding to the one or more streaming media data pairs (Fig. 9, 11 and 12; Abstract, Para. 0083-84, 0087, 0090, 0096).
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 KUNAL LANGHNOJA whose telephone number is (571)270-3583. The examiner can normally be reached M-F: 9:00AM - 5:00PM ET.
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/KUNAL LANGHNOJA/Primary Examiner, Art Unit 2425
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