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 .
DETAILED ACTION
This Office Action is in response to the Amendment After Non-Final Rejection filed 12/16/2025. Claims 2-21 are pending and have been examined.
The information disclosure statement (IDS) submitted on 12/16/2025 was considered by the examiner.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that the claims have been amended as discussed during the 12/2/2025 interview, the examiner respectfully disagrees. During the interview an amendment clarifying that the schedules are pre-associated with geographic locations was proposed. No such limitation has been added to the 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.
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Claims 2, 4-10, 12-18, 20 and 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 and 15-17 of U.S. Patent No. 11,589,085. Although the claims at issue are not identical, they are not patentably distinct from each other because they are different definitions or descriptions of the same subject matter varying in breadth. For example, note the following relationship between claim 1 of the instant application and the patented claims.
Application No. 18/766,450
U.S. Patent No. 11,589,085
2. (New) A method for providing a virtual online linear video channel, comprising:
1. A method for providing a virtual online linear video channel, comprising:
receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal;
receiving first user input specifying a description of the virtual online linear video channel via the channel description field, second and third user inputs identifying a live video stream and a prerecorded video signal respectively via the one or more video source fields, and fourth and fifth user inputs identifying start times for the live video stream, and the prerecorded video signal respectively via the one or more time slot fields,
receiving, at the server, a request to play the virtual online linear video channel from a video player;
receiving, at a server, a request to play the virtual online linear video channel from a video player;
identifying a schedule for the virtual online linear video channel, wherein the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and wherein the schedule identifies a plurality of video sources comprising the live video stream and the prerecorded video signal, and the one or more start times for the one or more of the live video stream or the prerecorded video signal; and
identifying a schedule for the virtual online linear video channel, wherein the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and wherein the schedule identifies a plurality of video sources comprising the live video stream and the prerecorded video signal, and the start times for the live video stream and the prerecorded video signal, and wherein the live video stream and the prerecorded video signal are encrypted using a content encryption key; and
responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule:
responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule:
identifying at least one advertisement from a plurality of advertisements, wherein the at least one advertisement corresponds to the plurality of video sources of the schedule of the virtual online linear video channel,
identifying at least one advertisement from a plurality of advertisements, the at least one advertisement corresponds to the plurality of video sources of the schedule of the virtual online linear video channel, and
identifying a playlist for the video player, the playlist corresponding to the schedule for the virtual online linear video channel and identifying a first location of the live video stream, a second location of the prerecorded video signal, and a third location of the at least one advertisement, and
causing the live video stream, the prerecorded video signal and the at least one advertisement to be retrieved from the first location, the second location and the third location respectively to produce the virtual online linear video channel for presentation to a user of the video player in view of the playlist.
providing, using the connection, a manifest file to the video player, the manifest file corresponding to the schedule for the virtual online linear video channel and identifying a first location of the live video stream, a second location of the prerecorded video signal, a third location of the at least one advertisement, the live video stream, the prerecorded video signal and the at least one advertisement to be retrieved by the video player to produce the virtual online linear video channel, wherein the virtual online linear video channel is presented to a user of the video player.
It would have been obvious to one of ordinary skill in the art to readily recognize that the conflicting claims are different definitions or descriptions of the same subject matter varying in breadth. In this case, the application claims are broader than and inclusive of the patented claims.
Claim 4 of the application corresponds to claim 2 of the patent.
Claim 5 of the application corresponds to claim 3 of the patent.
Claim 6 of the application corresponds to claim 4 of the patent.
Claim 7 of the application corresponds to claim 5 of the patent.
Claim 8 of the application corresponds to claims 1, 6 of the patent.
Claim 9 of the application corresponds to claim 7 of the patent.
Claim 10 of the application corresponds to claim 8 of the patent.
Claim 12 of the application corresponds to claim 9 of the patent.
Claim 13 of the application corresponds to claim 10 of the patent.
Claim 14 of the application corresponds to claim 11 of the patent.
Claim 15 of the application corresponds to claim 12 of the patent.
Claim 16 of the application corresponds to claims 8, 13 of the patent.
Claim 17 of the application corresponds to claim 7 of the patent.
Claim 18 of the application corresponds to claim 15 of the patent.
Claim 20 of the application corresponds to claim 16 of the patent.
Claim 21 of the application corresponds to claim 17 of the patent.
Claims 3, 11 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of U.S. Patent No. 11,589,085 in view of Gu et al. (US 8,234,350), herein Gu.
Consider claim 3, the patented claims clearly teach modifying the playlist.
However, the patented claims do not explicitly teach modifying the playlist to include additional content specific for a user of the video player.
In an analogous art, Gu, which discloses a system for video distribution, clearly teaches modifying the playlist to include additional content specific for a user of the video player. (Targeted media files are selected based on a user profile, col. 7 lines 8-25.)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the patented claims by modifying the playlist to include additional content specific for a user of the video player, as taught by Gu, for the benefit of providing targeted advertisements.
Claim 11 of the application corresponds to claim 8 of the patent in view of Gu.
Claim 19 of the application corresponds to claim 15 of the patent in view of Gu.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 2-4, 8-12 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Riegel et al. (US 2017/0064400), herein Riegel, in view of Chen et al. (US 2014/0282772), herein Chen, in view of Gu et al. (US 8,234,350), herein Gu.
Consider claim 2, Riegel clearly teaches a method for providing a virtual online linear video channel, comprising:
receiving, at the server, a request to play the virtual online linear video channel from a video player; (Fig. 7: Step 762, [0052])
identifying a schedule for the virtual online linear video channel and wherein the schedule identifies a plurality of video sources comprising the live video stream and the prerecorded video signal, and the one or more start times for the one or more of the live video stream or the prerecorded video signal; (Figs. 4 and 5: The channel schedule includes both live and prerecorded video sources and start times, [0032]-[0038].) and
identifying at least one advertisement from a plurality of advertisements, wherein the at least one advertisement corresponds to the plurality of video sources of the schedule of the virtual online linear video channel, (Targeted advertisements are included in streaming channel 116, [0039].)
identifying a playlist for the video player, the playlist corresponding to the schedule for the virtual online linear video channel and identifying a first location of the live video stream, a second location of the prerecorded video signal, and a third location of the at least one advertisement, and
causing the live video stream, the prerecorded video signal and the at least one advertisement to be retrieved from the first location, the second location and the third location respectively to produce the virtual online linear video channel for presentation to a user of the video player in view of the playlist. (Fig. 7: Playback devices receive a manifest 763 which is used to request chunks of the streaming channel 116, [0052]-[0056]. Targeted advertisements are included in streaming channel 116, [0039].)
However, Riegel does not explicitly teach receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal.
In an analogous art, Chen, which discloses a system for video distribution, clearly teaches receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal. (Fig. 7: Playlist application 245 includes an interface for creating a playlist, naming the playlist, selecting live and prerecorded video sources and scheduling the selected video items using start times, [0054], [0055], [0065], [0068], [0072]-[0094], [0117].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel by receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal, as taught by Chen, to achieve the predictable result of creating a customized video channel.
However, Riegel combined with Chen does not explicitly teach the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements.
In an analogous art, Gu, which discloses a system for video distribution, clearly teaches the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements. (Targeted advertisements are selected and inserted into the manifest based on a geographical location, col. 7 lines 8-67, col. 10 line 50 to col. 11 line 24.)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel combined with Chen by the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements, as taught by Gu, for the benefit of providing local advertisement or news content.
Consider claim 3, Riegel combined with Chen and Gu clearly teaches modifying the playlist to include additional content specific for a user of the video player. (Targeted media files are selected based on a user profile, col. 7 lines 8-25 Gu.)
Consider claim 4, Riegel combined with Chen and Gu clearly teaches the plurality of video sources comprises advertisement content. (Targeted advertisements are included in streaming channel 116, [0039] Riegel.)
Consider claim 8, Riegel combined with Chen and Gu clearly teaches generating the schedule for the virtual online video channel, wherein the generating comprises: displaying on an interface a list of the plurality of video sources available for inclusion in the schedule; receiving an indication of at least two different video sources and a corresponding time for inclusion in the schedule; (Figs. 4-6: Content from a plurality of sources can be included in the schedule, [0040]-[0043] Riegel) and storing the schedule in a channel scheduler. ([0121] Chen)
Consider claim 9, Riegel combined with Chen and Gu clearly teaches each of the live video stream and the prerecorded video signal of the plurality of video sources is output from a separate encoder. ([0018], [0044] Riegel)
Consider claim 10, Riegel clearly teaches a system for providing a virtual online linear video channel, the system comprising:
a processor; a memory, coupled to the processor, to perform operations (Fig. 7, [0064]) comprising:
receiving, at the server, a request to play the virtual online linear video channel from a video player; (Fig. 7: Step 762, [0052])
identifying a schedule for the virtual online linear video channel and wherein the schedule identifies a plurality of video sources comprising the live video stream and the prerecorded video signal, and the one or more start times for the one or more of the live video stream or the prerecorded video signal; (Figs. 4 and 5: The channel schedule includes both live and prerecorded video sources and start times, [0032]-[0038].) and
identifying at least one advertisement from a plurality of advertisements, wherein the at least one advertisement corresponds to the plurality of video sources of the schedule of the virtual online linear video channel, (Targeted advertisements are included in streaming channel 116, [0039].)
identifying a playlist for the video player, the playlist corresponding to the schedule for the virtual online linear video channel and identifying a first location of the live video stream, a second location of the prerecorded video signal, and a third location of the at least one advertisement, and
causing the live video stream, the prerecorded video signal and the at least one advertisement to be retrieved from the first location, the second location and the third location respectively to produce the virtual online linear video channel for presentation to a user of the video player in view of the playlist. (Fig. 7: Playback devices receive a manifest 763 which is used to request chunks of the streaming channel 116, [0052]-[0056]. Targeted advertisements are included in streaming channel 116, [0039].)
However, Riegel does not explicitly teach receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal.
In an analogous art, Chen, which discloses a system for video distribution, clearly teaches receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal. (Fig. 7: Playlist application 245 includes an interface for creating a playlist, naming the playlist, selecting live and prerecorded video sources and scheduling the selected video items using start times, [0054], [0055], [0065], [0068], [0072]-[0094], [0117].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel by receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal, as taught by Chen, to achieve the predictable result of creating a customized video channel.
However, Riegel combined with Chen does not explicitly teach the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements.
In an analogous art, Gu, which discloses a system for video distribution, clearly teaches the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements. (Targeted advertisements are selected and inserted into the manifest based on a geographical location, col. 7 lines 8-67, col. 10 line 50 to col. 11 line 24.)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel combined with Chen by the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements, as taught by Gu, for the benefit of providing local advertisement or news content.
Consider claim 11, Riegel combined with Chen and Gu clearly teaches modifying the playlist to include additional content specific for a user of the video player. (Targeted media files are selected based on a user profile, col. 7 lines 8-25 Gu.)
Consider claim 12, Riegel combined with Chen and Gu clearly teaches the plurality of video sources comprises advertisement content. (Targeted advertisements are included in streaming channel 116, [0039] Riegel.)
Consider claim 16, Riegel combined with Chen and Gu clearly teaches generating the schedule for the virtual online video channel, wherein the generating comprises: displaying on an interface a list of the plurality of video sources available for inclusion in the schedule; receiving an indication of at least two different video sources and a corresponding time for inclusion in the schedule; (Figs. 4-6: Content from a plurality of sources can be included in the schedule, [0040]-[0043] Riegel) and storing the schedule in a channel scheduler. ([0121] Chen)
Consider claim 17, Riegel combined with Chen and Gu clearly teaches each of the live video stream and the prerecorded video signal of the plurality of video sources is output from a separate encoder. ([0018], [0044] Riegel)
Consider claim 18, Riegel clearly teaches a non-transitory computer readable medium encoding instructions that, in response to execution by a computing device, cause the computing device to perform operations (Fig. 7, [0064]) comprising:
receiving, at the server, a request to play the virtual online linear video channel from a video player; (Fig. 7: Step 762, [0052])
identifying a schedule for the virtual online linear video channel and wherein the schedule identifies a plurality of video sources comprising the live video stream and the prerecorded video signal, and the one or more start times for the one or more of the live video stream or the prerecorded video signal; (Figs. 4 and 5: The channel schedule includes both live and prerecorded video sources and start times, [0032]-[0038].) and
identifying at least one advertisement from a plurality of advertisements, wherein the at least one advertisement corresponds to the plurality of video sources of the schedule of the virtual online linear video channel, (Targeted advertisements are included in streaming channel 116, [0039].)
identifying a playlist for the video player, the playlist corresponding to the schedule for the virtual online linear video channel and identifying a first location of the live video stream, a second location of the prerecorded video signal, and a third location of the at least one advertisement, and
causing the live video stream, the prerecorded video signal and the at least one advertisement to be retrieved from the first location, the second location and the third location respectively to produce the virtual online linear video channel for presentation to a user of the video player in view of the playlist. (Fig. 7: Playback devices receive a manifest 763 which is used to request chunks of the streaming channel 116, [0052]-[0056]. Targeted advertisements are included in streaming channel 116, [0039].)
However, Riegel does not explicitly teach receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal.
In an analogous art, Chen, which discloses a system for video distribution, clearly teaches receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal. (Fig. 7: Playlist application 245 includes an interface for creating a playlist, naming the playlist, selecting live and prerecorded video sources and scheduling the selected video items using start times, [0054], [0055], [0065], [0068], [0072]-[0094], [0117].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel by receiving, at a server, a description of the virtual online linear video channel, first data identifying a live video stream, second data identifying a prerecorded video signal, and one or more start times for one or more of the live video stream or the prerecorded video signal, as taught by Chen, to achieve the predictable result of creating a customized video channel.
However, Riegel combined with Chen does not explicitly teach the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements.
In an analogous art, Gu, which discloses a system for video distribution, clearly teaches the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements. (Targeted advertisements are selected and inserted into the manifest based on a geographical location, col. 7 lines 8-67, col. 10 line 50 to col. 11 line 24.)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel combined with Chen by the schedule is associated with a geographic location of a plurality of geographic locations associated with the server, and responsive to determining that a geographic location of the video player matches the geographic location associated with the schedule: identifying at least one advertisement from a plurality of advertisements, as taught by Gu, for the benefit of providing local advertisement or news content.
Consider claim 19, Riegel combined with Chen and Gu clearly teaches modifying the playlist to include additional content specific for a user of the video player. (Targeted media files are selected based on a user profile, col. 7 lines 8-25 Gu.)
Consider claim 20, Riegel combined with Chen and Gu clearly teaches the plurality of video sources comprises advertisement content. (Targeted advertisements are included in streaming channel 116, [0039] Riegel.)
Claims 5, 13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Riegel et al. (US 2017/0064400) in view of Chen et al. (US 2014/0282772) in view of Gu et al. (US 8,234,350) in view of Gordon (US 2016/0127260).
Consider claim 5, Riegel combined with Chen and Gu clearly teaches generating the playlist by a manifest server.
However, Riegel combined with Chen and Gu does not explicitly teach the playlist is a per-user playlist that is generated based on an initial playlist received from at least one content delivery network and a session identifier generated by the manifest server, wherein the session identifier identifies the connection between the manifest server and the video player.
In an analogous art, Gordon, which discloses a system for video distribution, clearly teaches the playlist is a per-user playlist that is generated based on an initial playlist received from at least one content delivery network and a session identifier generated by the manifest server, wherein the session identifier identifies the connection between the manifest server and the video player. (Figs. 3 and 4: A globally unique session identifier is generated by the manifest file server and inserted into the URLs of the issued manifest file which is based on the source manifest file, [0056]-[0064].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel combined with Chen and Gu by the playlist is a per-user playlist that is generated based on an initial playlist received from at least one content delivery network and a session identifier generated by the manifest server, wherein the session identifier identifies the connection between the manifest server and the video player, wherein the session identifier identifies the connection between the manifest server and the video player, as taught by Gordon, for the benefit of creating session specific manifest files.
Consider claim 13, Riegel combined with Chen, Gu and Gordon clearly teaches generating the playlist by a manifest server, wherein the playlist is a per-user playlist that is generated based on an initial playlist received from at least one content delivery network and a session identifier generated by the manifest server, wherein the session identifier identifies the connection between the manifest server and the video player. (Figs. 3 and 4: A globally unique session identifier is generated by the manifest file server and inserted into the URLs of the issued manifest file which is based on the source manifest file, [0056]-[0064] Gordon.)
Consider claim 21, Riegel combined with Chen, Gu and Gordon clearly teaches generating the playlist by a manifest server, wherein the playlist is a per-user playlist that is generated based on an initial playlist received from at least one content delivery network and a session identifier generated by the manifest server, wherein the session identifier identifies the connection between the manifest server and the video player. (Figs. 3 and 4: A globally unique session identifier is generated by the manifest file server and inserted into the URLs of the issued manifest file which is based on the source manifest file, [0056]-[0064] Gordon.)
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Riegel et al. (US 2017/0064400) in view of Chen et al. (US 2014/0282772) in view of Gu et al. (US 8,234,350) in view of Gordon (US 2016/0127260) in view of Kraiman et al. (US 9,066,138), herein Kraiman.
Consider claim 6, Riegel combined with Chen, Gu and Gordon clearly teaches establish a connection with the video player. (Fig. 7 Riegel)
Riegel further discloses targeting advertisements ([0039]). Gordon discloses inserting a session identifier into the URLs ([0056]-[0064]). However, Riegel combined with Chen, Gu and Gordon does not explicitly teach generating the playlist further comprises: selecting at least one advertisement from a plurality of advertisements based on the session identifier; and inserting an address of the at least one advertisement in the playlist.
In an analogous art, Kraiman, which discloses a system for video distribution, clearly teaches generating the playlist further comprises: selecting at least one advertisement from a plurality of advertisements based on the session identifier; and inserting an address of the at least one advertisement in the playlist. (col. 4 lines 18-21, col. 4 lines 33-40, col. 5 lines 7-18, col. 5 line 31 to col. 6 line 27)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Riegel combined with Chen, Gu and Gordon by generating the playlist further comprises: selecting at least one advertisement from a plurality of advertisements based on the session identifier; and inserting an address of the at least one advertisement in the playlist, as taught by Kraiman, for the benefit of identifying an individual user for which the advertisements are to be customized.
Consider claim 14, Riegel combined with Chen, Gu, Gordon and Kraiman clearly teaches selecting at least one advertisement from a plurality of advertisements based on the session identifier; and inserting an address of the at least one advertisement in the playlist. (col. 4 lines 18-21, col. 4 lines 33-40, col. 5 lines 7-18, col. 5 line 31 to col. 6 line 27 Kraiman)
Conclusion
In the case of amending the claimed invention, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
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 JOHN R SCHNURR whose telephone number is (571)270-1458. The examiner can normally be reached M-F 6a-4p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571)272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN R SCHNURR/ Primary Examiner, Art Unit 2425