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 .
Objections to the claims
Claims 2-8; 13-16; 18-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to arguments
Applicant’s arguments with respect to all pending claims have been fully considered, but they moot because of the new ground of rejection. Applicant argues that cited references failed to disclose determining, by the receiving device, to insert an advertisement (ad) break and play on a presentation device connected to the receiving device one or more ads in the ad break based on the notification; wherein the notification is a maintenance notification from one or more corresponding smart devices connected to the receiving device via a network.
However, regarding “determining, by the receiving device, to insert an advertisement (ad) break and play on a presentation device connected to the receiving device one or more ads in the ad break based on the notification “, Plotnick et al disclose a system having an ad insertion module 812 and the maintenance 808 for determining when to insert ads into television programs in real-time from ad queue and program table according to cue message as shown in fig.8 and as disclosed in para. 0151; 0187.
And Xiao et al disclose a system being able to provide notification for maintenance services as disclosed in para.0022; 0051;0074. This office action is made non-final.
Claims rejections-35 U.S.C. 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; 10; 12; 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holloway(US.Pub.No.20210174715) in view of DiTullio(US.Pub.No.20240370903) and Xiao(US.Pub.No.20150339634) and Plotnick(US.Pub.No.20020144262).
Regarding claim 1, Holloway et al disclose a method in a media presentation system, the method comprising: electronically receiving, by one or more processors of a receiving device, a notification(the system is able to display message or pop up or notification on the screen of the display device; 0145;0099;0054) ;
initiating playing the one or more ads on the presentation device(the system is able to display a list of commercials; 0045;0094).
But did not explicitly disclose electronically generating an ad playlist that consists of one or more ads that have a total duration equal to a total duration of the ad break; initiating downloading of the one or more ads in the ad playlist; wherein the notification is a maintenance notification from one or more corresponding smart devices connected to the receiving device via a network; determining, by the receiving device, to insert an advertisement (ad) break and play on a presentation device connected to the receiving device one or more ads in the ad break based on the notification, in response to the determination to insert an ad break, electronically transmitting a request for one or more ads that have a total duration equal to a total duration of the ad break.
However, DiTullio et al disclose electronically generating an ad playlist that consists of one or more ads that have a total duration equal to a total duration of the ad break(the system is capable of generating list of commercials;0019; 0027; 0046-0047) ; initiating downloading of the one or more ads in the ad playlist(the system is able to download ads from ad server 104; 0019; 0036; 0049).
It would have been obvious before effective filing date of the claimed invention to incorporate the teachings of DiTullio to modify Holloway by providing options to download commercials for the purpose of increasing the capability of the network accordingly.
And Xiao et al disclose wherein the notification is a maintenance notification from one or more corresponding smart devices connected to the receiving device via a network(the system is able to provide notification for maintenance service; 0022; 0051;0074).
It would have been obvious before effective filing date of the claimed invention to incorporate the teachings of Xiao to modify Holloway and DiTullio by providing options to send message or notification for maintenance service resulting in “ wherein the notification is a maintenance notification from one or more corresponding smart devices connected to the receiving device via a network” for the purpose of improving the capability of the network accordingly.
And Plotnick et al disclose determining, by the receiving device, to insert an advertisement (ad) break and play on a presentation device connected to the receiving device one or more ads in the ad break based on the notification(see fig.8 with ad insertion module 812 and the maintenance 808 for determining when to insert ads into television programs in real-time from ad queue and program table according to cue message; 0150; 0187), in response to the determination to insert an ad break, electronically transmitting a request for one or more ads that have a total duration equal to a total duration of the ad break(the system is able to select ads to be inserted based on the duration of the ad break; 0091; 0125; 0187).
It would have been obvious before effective filing date of the claimed invention to incorporate the teachings of Plotnick to modify Holloway and DiTullio and Xiao by providing options to make determination to insert ads resulting in “ determining, by the receiving device, to insert an advertisement (ad) break and play on a presentation device connected to the receiving device one or more ads in the ad break based on the notification, in response to the determination to insert an ad break, electronically transmitting a request for one or more ads that have a total duration equal to a total duration of the ad break ” for the purpose of improving viewing experiences of the users accordingly.
Regarding claim 10, Holloway and DiTullio and Plotnick et al did not explicitly disclose wherein the maintenance notification is a maintenance notification from a smart refrigerator that a new filter is needed; and based on the maintenance notification from a smart refrigerator that a new filter is needed, the receiving device including in the request a request for a programmatically delivered IP ad for filters that replaces a previously selected addressable ad for the playlist.
However, Xiao et al disclose wherein the maintenance notification is a maintenance notification from a smart refrigerator that a new filter is needed; and based on the maintenance notification from a smart refrigerator that a new filter is needed, the receiving device including in the request a request for a programmatically delivered IP ad for filters that replaces a previously selected addressable ad for the playlist(see fig.9a for providing notification to change filter of the refrigerator; 0057; 0059; time replace filter;0052).
It would have been obvious before effective filing date of the claimed invention to incorporate the teachings of Xiao to modify Holloway and DiTullio and Plotnick by providing options to send message to replace specific part in home automation system resulting in “wherein the maintenance notification is a maintenance notification from a smart refrigerator that a new filter is needed; and based on the maintenance notification from a smart refrigerator that a new filter is needed, the receiving device including in the request a request for a programmatically delivered IP ad for filters that replaces a previously selected addressable ad for the playlist” for the purpose of improving the capability of the network accordingly.
Regarding claim 12, it is rejected using the same ground of rejection for claim 1
Regarding claim 17, it is rejected using the same ground of rejection for claim 1.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holloway(US.Pub.No.20210174715) in view of DiTullio(US.Pub.No.20240370903) and Xiao(US.Pub.No.20150339634) and Plotnick(US.Pub.No.20020144262) and Hensgen (US.Pub.No.20150339722).
Regarding claim 11 Holloway and DiTullio and Xiao and Plotnick et al did not explicitly disclose wherein the maintenance notification is a maintenance notification from a smart washing machine that a load of laundry is finished; and based on the maintenance notification from the smart washing machine that a load of laundry is finished, the receiving device including in the request a request for a programmatically delivered IP ad for laundry detergent that replaces a previously selected addressable ad for the playlist.
However, Hensgen et al disclose wherein the maintenance notification is a maintenance notification from a smart washing machine( clothes washers, 0016) that a load of laundry is finished; and based on the maintenance notification from the smart washing machine that a load of laundry is finished, the receiving device including in the request a request for a programmatically delivered IP ad for laundry detergent(detergent or fabric softener,0023) that replaces a previously selected addressable ad for the playlist(the system is able to select an advertisement to replace another advertisement based on user product information as models and the geographic location of the users; 0023-0025; 0022;0026-0027;0031; 0043).
It would have been obvious before effective filing date of the claimed invention to incorporate the teachings of Hensgen to modify Holloway and DiTullio and Xiao and Plotnick by providing options to select advertisement based on user product information as models and geographic location resulting in “ wherein the maintenance notification is a maintenance notification from a smart washing machine that a load of laundry is finished; and based on the maintenance notification from the smart washing machine that a load of laundry is finished, the receiving device including in the request a request for a programmatically delivered IP ad for laundry detergent that replaces a previously selected addressable ad for the playlist” for the purpose of improving viewing experiences accordingly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN D SAINT CYR whose telephone number is (571)270-3224. The examiner can normally be reached 9-5.
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/JEAN D SAINT CYR/Examiner, Art Unit 2425
/Brian T Pendleton/Supervisory Patent Examiner, Art Unit 2425
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