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 communication is responsive to the application filed on 08/14/2025.
Claim 1 is presented for examination.
References in applicant's IDS form 1449 received on 09/05/2024 have been considered by the examiner.
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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Specifically, claim 1 is directed to an abstract idea without additional elements amounting to significantly more than the abstract idea.
With respect to Step 2A Prong One of the framework, claim 1 recites an abstract idea. Claim 1 includes elements for
“receive a first distribution report from a first distribution partner and a second distribution report from a second partner, the first distribution partner providing distribution of a first content owner's content to consumers over a first OTT distribution channel, the second distribution partner providing distribution of the first content owner's content over a second OTT distribution channel, the distribution partners being independent of each other, the first distribution partner and the second distribution partner distributing at least some of a same content of the first content owner's content to different consumers, the first OTT distribution channel being different than the second OTT distribution channel, the first distribution report indicating performance information including consumer consumption of the first content owner's content provided over the first OTT distribution channel and first revenue information related to distribution of the first content owner's content, the second distribution report indicating performance information including consumer consumption of the first content owner's content provided over the second OTT distribution channel and revenue information related to the first content owner's content;
retrieve first revenue information from the first distribution report, the first revenue information indicating first payments from the first distribution partner to a first content owner in exchange for content distribution;
determine first payment information based on first revenue rules and the first performance information from the first distribution report, the first performance information indicating consumption of the first content owner's content using the first OTT distribution channel, the first payment information indicating payment earned by the first content owner based on the first revenue rules, the first revenue rules indicating criteria of compensation between the content owner and the first distribution partner;
notify a first content owner system of the first content owner if the first payment information does not match the first revenue information;
retrieve second revenue information from the second distribution report, the second revenue information indicating second payments from the second distribution partner to the first content owner in exchange for content distribution;
determine second payment information based on second revenue rules and the second performance information from the second distribution report, the second performance information indicating consumption of the first content owner's content using the second OTT distribution channel, the second payment information indicating payment earned by the first content owner based on the second revenue rules, the second revenue rules indicating criteria of compensation between the content owner and the second distribution partner;
notify a first content owner system of the first content owner if the second payment information does not match the second revenue information; and
provide a first graphical user interface depicting first aggregate value of each title of a plurality of titles of the first content, the aggregate value being an aggregation of the first payment information from the first distribution report and the second payment information from the second distribution report, one or more of the plurality of titles of the first content being distributed by both the first OTT distribution channel and the second OTT distribution channel, the first graphical user interface further configured to display the first payment information and the first revenue information associated with the first distribution partner, first performance information associated with the first distribution partner, the second payment information and the second revenue information associated with the second distribution partner, second performance information associated with the second distribution partner.”
The limitations above recite an abstract idea. More particularly, the elements above recite certain methods of organizing human activity related to managing personal behavior or relationships or interactions between people because the elements describe distribution partner for content Further, the elements above recite mental processes because the elements describe observations or evaluations that could be practically performed in the mind or by using pen and paper. As a result, claim 1 recites an abstract idea under Step 2A Prong One.
With respect to Step 2A Prong Two of the framework, claim 1 does not include additional elements that integrate the abstract idea into a practical application. Claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include one or more processors and memory When considered in view of the claim as a whole, the additional elements do not integrate the abstract idea into a practical application because the one or more processors and memory amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is an insignificant extra solution activity to the recited abstract idea. As a result, claim 1 does not include any additional elements that integrate the abstract idea into a practical application under Step 2A Prong Two.
With respect to Step 2B of the framework, claim 1 does not include additional elements amounting to significantly more than the abstract idea. As noted above, claim 1 includes additional elements that do not recite an abstract idea under Step 2A Prong One. The additional elements include one or more processors and memory and a step for gathering information. The additional elements do not amount to significantly more than the recited abstract idea because the additional elements the computing device amounts to no more than a general computing component that is used as a tool to perform the recited abstract idea, and the step for gathering information is a well-understood, routine, and conventional computer function in view of MPEP 2105.06(d)(II). Further, looking at the additional elements as an ordered combination adds nothing that is not already present when considering the additional elements individually. As a result, claim 1 does not include any additional elements that amount to significantly more than the recited abstract idea under Step 2B.
Therefore, the claims are directed to an abstract idea without additional elements amounting to significantly more than the abstract idea. Accordingly, claim 1 is rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim 1 is provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-19 of copending Application No. 17/644,779. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims in each application are directed to content distribution channels.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
Claims are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Reisman “US 2015/0143395 A1” (Reisman).
Regarding claim 1, Reisman discloses a system comprising: one or more processors; memory containing instructions configured to control the one or more processors (Thus it should be understood generally that the system elements described here might be embodied in distributed forms that draw on remote systems and services. Such remotely distributed embodiments could draw on supplementary resources, including hardware, software, and data, as well as management and support services, para [0112]) to: receive a first distribution report from a first distribution partner and a second distribution report from a second partner (Such data might also be obtainable independently from browsers or browser addons that collect such data and report ii, whether in real time or in periodic batches. para (0589]), the first distribution partner providing distribution of a first content owner's content to consumers over a first OTT distribution channel, the second distribution partner providing distribution of the first content owner's content over a second OTT distribution channel, the distribution partners being independent of each other, the first distribution partner and the second distribution partner distributing at least some of a same content of the first content owner's content to different consumers, the first OTT distribution channel being different than the second OTT distribution channel (Alternative voices-less privileged in access to creation of the base content and distribution channel, but able to offer unique perspectives to select audiences. These might include major independent provider/producers of a stature comparable to the primary program provider/producers, as well as a more varied and open ended set of fan-zines, enthusiasts, counterculture, parody, education, etc, para (0617]), the first distribution report indicating performance information including consumer consumption of the first content owner's content provided over the first OTT distribution channel and first revenue information related to distribution of the first content owner's content, the second distribution report indicating performance information including consumer consumption of the first content owner's content provided over the second OTT distribution channel and revenue information related to the first content owner's content (Similarly, local client services that provide context-enriched link handling might also cause such events to be tracked through a remote server, or alternatively, might separately report such activity to a designated service, whether in real time, or on some periodic batch reporting cycle, para [0837]);
retrieve first revenue information from the first distribution report, the first revenue information indicating first payments from the first distribution partner to a first content owner in exchange for content distribution (According to embodiments of the invention, the MMUI features and services described here may generate revenues in a wide variety of ways, depending in part on whether they are local to a user's site, based on remote services, or venue-based, and on whether they serve the user alone, or facilitate revenue generation indirectly by enabling transactions, commerce. advertising, or the like, para (0497]);
determine first payment information based on first revenue rules and the first performance information from the first distribution report. The first performance information indicating consumption of the first content owner's content using the first OTT distribution channel, the first payment information indicating payment earned by the first content owner based on the first revenue rules, the first revenue rules indicating criteria of compensation between the content owner and the first distribution partner (Carriage fees for provision of enhancements to viewers, as noted previously. EC providers might be willing to pay carriage fees to gain viewership, and might fund such fees out of subscription or usage fees, and/or advertising or commerce offers that they manage themselves, or might subsidize them for reasons of promotion of other business, activities, or advocacy of points of view that such carriage supports, para (0606]);
notify a first content owner system of the first content owner if the first payment information does not match the first revenue information (The resulting traffic data might then be analyzed to determine what fees are owed with regard to what URLs, para (0837]);
retrieve second revenue information from the second distribution report, the second revenue information indicating second payments from the second distribution partner to the first content owner in exchange for content distribution (Embodiments in which state information is relayed through an external service might be viewed as providing a rich example of the variety of possibilities for revenue participation and for the ability to relate such revenues directly to MMUI transfers, para (0498]);
determine second payment information based on second revenue rules and the second performance information from the second distribution report, the second performance information indicating consumption of the first content owner's content using the second OTT distribution channel, the second payment information indicating payment earned by the first content owner based on the second revenue rules, the second revenue rules indicating criteria of compensation between the content owner and the second distribution partner (For instance, where a portal operator was compensated for traffic linked to an advertisers Web site, top billing might be desired, while in cases where no such accommodation was made, secondary billing might be desired, para (0671]);
notify a first content owner system of the first content owner if the second payment information does not match the second revenue information (The resulting traffic data might then be analyzed to determine what fees are owed with regard to what URLs, para (0837]); and
provide a first graphical user interface depicting first aggregate value of each title of a plurality of titles of the first content, the aggregate value being an aggregation of the first payment information from the first distribution report and the second payment information from the second distribution report, one or more of the plurality of titles of the first content being distributed by both the first OTT distribution channel and the second OTT distribution channel, the _first graphical user interface further configured to display the first payment information and the first revenue information associated with the first distribution partner, first performance information associated with the first distribution partner, the second payment information and the second revenue information associated with the second distribution partner, second performance information associated with the second distribution partner (the virtual world presented to the user as a shared conceptual medium that links the real, the mental, and the internal model of this world represented in the machine, "Graphical user interfaces" (GU ls) are widely used to facilitate user understanding and to implement virtual controls, para (0064]).
Relevant Prior Art
The prior art made of record and not relied upon, which is considered pertinent to applicant's disclosure, are cited in the Notice of Reference Cited form (PT0-892).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FATEH M OBAID whose telephone number is (571)270-7121. The examiner can normally be reached Monday-Friday 8:00 A.M to 4:30 P.M.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ryan Zeender can be reached on (571) 272-6790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FATEH M OBAID/Primary Examiner, Art Unit 3627
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