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 07/06/2026.
Claims 1, 8 and 12 have been amended.
Claims 3 and 14 have been previously cancelled.
New claims 21-22 have been added.
Claims 1-2, 4-13 and 15-22 are currently pending and are considered below.
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11 recites “The system of claim 1,…” on paragraph 7 on page 5.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
10. 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.
11. Claim 20 is rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. Representative claim 20, recites a non-transitory machine-readable medium comprising instructions that, when executed by a processor of a computing system cause the computing system to perform acts comprising:
obtaining forecast inventory data that is indicative of forecast impressions for a first delivery segment, wherein the first delivery segment is associated with at least one of a plurality of digital canvases operable to display media content;
obtaining allocation data indicative of a target number of impressions;
determining, based upon the target number of impressions, a forecast of allocated impressions in the first delivery segment;
determining a portion of the forecast of allocated impressions in the first delivery segment that are displaceable into a portion of a second delivery segment;
computing a number of unallocated impressions in the first delivery segment subsequent to displacement of the displaceable portion of the forecast of allocated impressions; and
causing at least one of the unallocated impressions in the first delivery segment to be inserted within a plurality of video frames corresponding to the first delivery segment, wherein the plurality of video frames are a portion of media content displayed by one or more of the plurality of digital canvases by way of an electronic content delivery system, wherein at least one of the plurality of digital canvases is a streaming media service.
The steps of
obtaining forecast inventory data that is indicative of forecast impressions for a first delivery segment, wherein the first delivery segment is associated with at least one of a plurality of digital canvases operable to display media content;
obtaining allocation data indicative of a target number of impressions;
determining, based upon the target number of impressions, a forecast of allocated impressions in the first delivery segment;
determining a portion of the forecast of allocated impressions in the first delivery segment that are displaceable into a portion of a second delivery segment;
computing a number of unallocated impressions in the first delivery segment subsequent to displacement of the displaceable portion of the forecast of allocated impressions; and
causing at least one of the unallocated impressions in the first delivery segment to be inserted within a plurality of video frames corresponding to the first delivery segment, wherein the plurality of video frames are a portion of media content displayed by one or more of the plurality of digital canvases by way of an electronic content delivery system, wherein at least one of the plurality of digital canvases is a streaming media service,
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 process for managing allocations of media content in electric segments. The above identified method steps recite commercial interactions such as sales activities and/or tailored personalized marketing relating to providing data associated with the person.
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 processor and memory. The processor and memory (i.e., as a generic processor performing a generic computer functions of obtaining forecast inventory data; obtaining allocation data indicative of a target number of impressions; determining, a forecast of allocated impressions in the first delivery segment; determining a portion of the forecast of allocated impressions; computing a number of unallocated impressions in the first delivery segment; and causing at least one of the unallocated impressions in the first delivery segment to be displayed) 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 processors and memory 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). 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 processors and memory, performing commercial interactions including: obtaining forecast inventory data; obtaining allocation data indicative of a target number of impressions; determining, a forecast of allocated impressions in the first delivery segment; determining a portion of the forecast of allocated impressions; computing a number of unallocated impressions in the first delivery segment; and causing at least one of the unallocated impressions in the first delivery segment to be displayed, amount to mere instructions to apply the steps to a computer comprising of a processor.
Thus, independent claim 20 is not eligible.
Claim 20 is therefore not drawn to eligible subject matter as it is directed to an abstract idea without significantly more.
Possible Allowable Subject Matter
12. Claims 1-2, 4-13, 15-19 and 21-22 would be allowable if the Applicant were to be able to overcome the 35 U.S.C. 101 rejections identified above.
Response to Arguments
13. The filing of a proper Terminal Disclaimer on 06/26/2026 and was approved by the Office on 07/06/2026 rendered the withdrawal of the Double Patenting Rejection.
14. Applicant's arguments filed on 07/06/2026 with respect to the rejection of claims 1-2, 4-13,15-19 and 21-22 under 35 U.S.C. 101 have been fully considered and they are persuasive. The rejection of claims 1-2, 4-13, 15-19 and 21-22 are allowable upon Applicant’s overcoming the 101 rejection of claim 20.
Conclusion
15. Similar to the parent application (18/075083 (now U.S. Patent No. 12,039,577)) the closest prior art includes Soon-Shiong (U.S. Pub. No. 2015/0172778), and Toma et al. (U.S. Pub. No. 2016/0142757).
16. Soon-Shiong (U.S. Pub. No. 2015/0172778) discloses about a set of descriptors exist within a descriptor space, wherein the set of descriptors might be associated with a known object, or a set of descriptor might form a cluster of descriptors in the descriptor space (see at least paragraphs 0036-0039).
17. Toma et al. (U.S. Pub. No. 2016/0142757) talks about the TEMI access unit may include a timeline descriptor and a location descriptor, and the transmitting method may include: storing the timing update identification information and the second time in the timeline descriptor; and storing location information in the location descriptor, the location information indicating a location of the content related to the second stream. .
18. Desforges (U.S. Pub. No. 2020/0196113) discloses receiving, by a message center, a message from an access device connected to a wireless network and associated with a first user, the message including content data representative of a content instance and a message data; storing, by the message center, the message content; calculating an impression volume based on the message data; selectively generating a distribution list based on the message data as related to the first user; distributing, by the message center, the message content to a number of members of the distribution list corresponding to the impression volume (see at least the Abstract).
19. Castano et al. (U.S. Pub. No. 2018/0014086) discloses receiving spot inventory data associated with a plurality of TV stations; receiving a rule variable associated with an advertising rule; receiving a goal variable associated with a goal; applying the advertising rule to select a plurality of spots that are eligible to form one or more spot sets; forming or generating at least one of the spot sets depending, at least in part, on a proximity to the goal; and generating an output associated with the generated spot set (see at least paragraph 0007 of the SUMMARY).
20. Sheth et al. (U.S. Pub. No. 2014/0081771) discloses extending publisher inventory, including receiving distribution agreement data specifying a first number of impressions that a first publisher has agreed to allocate to a content item provider during a specified period. A determination is made that an estimated total number of impressions that the first publisher will allocate to the content item provider over the specified period will be less than the first number of impressions. A third number of additional impressions are obtained from one or more second publishers that differ from the first publisher. At least a portion of the third number of additional impressions is allocated to the content item provider to meet the first number of impressions specified by the distribution agreement data (see at least the Abstract).
21. None of the above references, nor any obvious combination of the prior art references teach or suggest the claimed limitations including “…obtaining forecast inventory data that is indicative of forecast impressions for a first delivery segment, wherein the first delivery segment is associated with at least one of a plurality of digital canvases operable to display media content; determining, based upon the target number of impressions, a forecast of allocated impressions in the first delivery segment; determining a portion of the forecast of allocated impressions in the first delivery segment that are displaceable into a portion of a second delivery segment; and computing a number of unallocated impressions in the first delivery segment subsequent to displacement of the displaceable portion of the forecast of allocated impressions…”
22. 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.
23. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, llana Spar can be reached on 571)270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 09/15/2026
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