DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claim Status
Claims 1-3, 4-10, 12-17, 19 and 20 are amended.
No Claims are cancelled.
No newly added claims.
Claims 1-20 are presented for examination.
Response to Arguments
Applicant's arguments filed in the amendment filed on 12/11/2025 have been fully considered but they are moot in new ground of rejection.
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 of this title, 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 1-20 are rejected under U.S.C. 103 as being unpatentable over Shanson et al. (US 20220046302), in view of Pathak et al. (US 20190313135), in further view of Van Aacken (US 20130212611), in further view of Kulkarni et al. (US 20160125466).
Regarding claim 1, Shanson discloses, a method comprising:
receiving ad request for ads to be displayed during an ad break for streaming of video content to an electronic device (Par. 0449-0450. Fig. 35, determining there is a scheduled upcoming pod (i.e. ad break), If a determination is made that there is an upcoming pod, at block 3506, the video services stitcher may assemble and generate a request for ancillary content with which to populate the pod, par. 0464, the video services stitcher 3002 may request ad break content from an ad proxy/ad pod service (e.g., ancillary content proxy/pod service 3010). The ancillary content proxy/pod service 3010 may communicate over a network with one or more ad platforms that may provide targeted advertisements, such as a demand side platform);
in response to receiving an indication of ads returned for the ad request, determining, using at least one processor, that an overall duration of the ads returned for the ad request leaves an unfilled portion of the ad break (Par. 0275, sufficient length of filler content is identified to fill any underrun. Par. 0299, a given clip may include a lead-in video (or post-roll) commercial when initially identified and selected for a given program, and so the clip (including the commercial) will have a first length. The lead-in clip may be dynamically selected by an advertisement server at the time the clip is requested. Par. 0301-0302, If the total clip length is shorter than the amount of time scheduled for the clip (or for multiple clips in a given program), the system may select other content to fill out the time, the system may identify fill-in content, which may be in the form of one or more video clips or still/static images); and
combining, using the at least one processor, the ads indicated by the response returned for the ad request with an interactive ad that is expanded or contracted based on one or more of pre-roll slate or post-roll slate to fit the unfilled portion of the ad break (Par. 0275, sufficient length of filler content is identified to fill any underrun, underrun = leaving blank screen (i.e. slate) for period of time after the selected advertisement or content is finished running (i.e. post-roll or after the rolling of scheduled advertisement) in ad break, Par. 0301-0302, If the total clip length is shorter than the amount of time scheduled for the clip (or for multiple clips in a given program), the system may select other content to fill out the time, the system may identify fill-in content, which may be in the form of one or more video clips or still/static images. Par. 0302, the system may select fill-in content that is longer than the time period that needs to be filled in, and will truncate the excess content corresponding to the time that exceeds the period that needs to be filled in, The fill-in content may correspond to the subject matter of the program, may be promotional content for other programs, or may be advertisement content, i.e. contracting filler based on slate duration created due to underrun post-roll of scheduled advertisement. Par. 0417, ancillary content directed to a given subject matter (e.g., clicked on a link in an item of content, responded to a question or quiz posed by item of content, played a game provided by an item of content, and/or the like). Par. 0471, By way of example, filler content may be ancillary content that is not sponsored by an advertiser, such as a house ad, a house cartoon character, a news item, a quiz, or the like, Par. 0158, trivia questions (e.g., trivia questions car brands, par. 0168, a trivia quiz related to fashion generally. By way of illustration, the quiz may request the user to identify a current fashion trend, or which designer began a specified fashion trend. By way of further illustration, if the program is a reality program, the quiz may ask the user questions relating to another reality program, Par. 0471, By way of example, filler content may be ancillary content that is not sponsored by an advertiser, such as a house ad, a house cartoon character, a news item, a quiz, or the like, i.e. combining filler content with received advertisement when total length of received ads is shorter than the scheduled pod or break. Filler content can be interactive such as quiz for car brands, where user can respond to a quiz);
wherein the interactive ad includes ad content that is configured to change in content based on user interaction with the ad content and minimize slate for the viewer (Par. 0301-0302, If the total clip length is shorter than the amount of time scheduled for the clip (or for multiple clips in a given program), the system may select other content to fill out the time, the system may identify fill-in content, i.e. filler content (i.e. interactive as being quiz) is configured to fill in the blank period left due to shorter length of scheduled advertisement compared to scheduled duration. Par. 0346, If the ad is an interactive ad (e.g., configured to navigate the user to a website or present information in response to the user click on the advertisement, displayed ad content changes as response to the advertisement. Par.0471, filler content may be ancillary content that is not sponsored by an advertiser, such as a house ad, a house cartoon character, a news item, a quiz, as disclosed in par. 0417, ancillary content directed to a given subject matter (e.g., clicked on a link in an item of content, responded to a question or quiz posed by item of content, played a game provided by an item of content, and/or the like).
Shanson does not discloses, receiving a video Ad Serving Template (VAST) ad request for ads to be displayed during an ad break,
wherein the vast ad request indicates a previously-unknown duration for the ad break,
a VAST response including an indication of ads returned for the VAST ad request,
interactive ad that is expanded to fit the unfilled portion of the ad break,
wherein the interactive ad includes ad content that is configured to change in duration based on user interaction with the ad content.
Pathak discloses, receiving a video Ad Serving Template (VAST) ad request for ads to be displayed during an ad break (Par. 0065, advertisement Requester 103 communicates with the Advertisement Server 104 honoring VAST standard. This includes a VAST Request (IP address of Player, duration of the cue, type of advertisement requested-video) to the Advertisement Server 104. The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs).),
wherein the vast ad request indicates a previously-unknown duration for the ad break (par. 0036, Break Type indicates start or end of an Advertisement Break, Media Index is segment number in a variant playlist, where change was noticed, the duration is not always available more so for Live input streams. Par. 0065, advertisement Requester 103 communicates with the Advertisement Server 104 honoring VAST standard. This includes a VAST Request (IP address of Player, duration of the cue, type of advertisement requested-video) to the Advertisement Server 104. The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs), i.e. VAST request includes duration of the cue (i.e. duration of break), where duration information was not available (i.e. previously unknown) for live stream,
a VAST response including an indication of ads returned for the VAST ad request (Par. 0065, The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs).).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Shanson, with teaching requesting ad using a video Ad Serving Template (VAST) protocol to be displayed during an ad break, wherein the request indicates a previously-unknown duration for the ad break, receiving a VAST response indicating ads returned for the VAST ad request as taught by Pathak, to request for ad delivery during live stream performance where ad break duration is not known in advance, and to use standardized communication for ad request such as using VAST protocol for request which helps with simplifying the process for publishers and advertisers, as disclosed in Pathak, par. 0025 and 0036.
Shanson in view of Pathak does not discloses, interactive ad that is expanded to fit the unfilled portion of the ad break,
wherein the interactive ad includes ad content that is configured to change in duration based on user interaction with the ad content.
Van Aacken discloses, interactive ad that is expanded to fit the unfilled portion of the ad break (Par. 0036, the third party video content can be interactive, thereby facilitating commercial transactions during the presentation of the third party video content (e.g., a conversion). Par. 0054, a replacement segment of third party content can also be selected based upon a time left for a current avail. For example, if the user was five seconds into a 30 second avail, the replacement segment of third party content can be specified to be 22-25 seconds. In some implementations, a third party content segment that does not fill the entire remainder of the slot can be extended (e.g., by slowing down the video and audio) by an amount that would close the gap between the replacement content and the remaining time left in the avail. Similarly, a replacement segment of third party content that is slightly too long can be sped up in order to fit within the remaining time left in the avail).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Shanson in view of Pathak, with teaching of interactive ad that is expanded to fit the unfilled portion of the ad break, as taught by Van Aacken, to fill in gap in advertisement break appropriately so that advertisement fit exactly according to the duration of advertisement break, as disclosed in Van Aacken par. 0029.
Shanson in view of Pathak in further view of Van Aacken does not discloses, wherein the interactive ad includes ad content that is configured to change in duration based on user interaction with the ad content.
Kulkarni discloses, wherein the interactive ad includes ad content that is configured to change in duration based on user interaction with the ad content (Par. 0052, system can detect when a user is interacting with an advertisement, and can extend the amount of time during which that advertisement is displayed).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Shanson in view of Pathak in further view of Van Aacken, with teaching of the interactive ad includes ad content that is configured to change in duration based on user interaction with the ad content, as taught by Kulkarni, to maximize user interaction with the advertisement while, as disclosed in Kulkarni par. 0052.
Regarding claim 2, The method of Claim 1,
Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni further discloses, wherein the interactive ad is combined with the ads indicated by the VAST response returned for the VAST ad request (Shanson Par. 0301-0302, If the total clip length is shorter than the amount of time scheduled for the clip (or for multiple clips in a given program), the system may select other content to fill out the time, the system may identify fill-in content. Par. 0302, The fill-in content may correspond to the subject matter of the program, may be promotional content for other programs, or may be advertisement content, Par. 0158, trivia questions (e.g., trivia questions car brands, par. 0168, a trivia quiz related to fashion generally. By way of illustration, the quiz may request the user to identify a current fashion trend, or which designer began a specified fashion trend. By way of further illustration, if the program is a reality program, the quiz may ask the user questions relating to another reality program, Par. 0471, By way of example, filler content may be ancillary content that is not sponsored by an advertiser, such as a house ad, a house cartoon character, a news item, a quiz, or the like. Pathak, Par. 0065, advertisement Requester 103 communicates with the Advertisement Server 104 honoring VAST standard. This includes a VAST Request (IP address of Player, duration of the cue, type of advertisement requested-video) to the Advertisement Server 104. The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs).), i.e. combination of Shanson in view of Pathak teaches, returned ads indicated by returned response (i.e. combined with response for VAST response in Pathak) is combined with interactive quiz or trivia about car brands or other program (i.e. interactive advertisement of car or other programs).
Regarding claim 3, The method of Claim 1,
Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni further discloses, wherein server side ad insertion is employed to combine the interactive ad with the ads returned for the VAST ad request (Shanson Par. 0449-0450. Fig. 35, determining there is a scheduled upcoming pod (i.e. ad break), If a determination is made that there is an upcoming pod, at block 3506, the video services stitcher may assemble and generate a request for ancillary content with which to populate the pod, here video stitcher is a server side ad insertion, Pathak, Par. 0065, advertisement Requester 103 communicates with the Advertisement Server 104 honoring VAST standard. This includes a VAST Request (IP address of Player, duration of the cue, type of advertisement requested-video) to the Advertisement Server 104. The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs)).
Regarding claim 4, The method of Claim 1,
Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni further discloses, wherein the interactive ad is one of a game or an offer for a deal (Shanson Par. 0158, trivia questions (e.g., trivia questions car brands, par. 0168, a trivia quiz (i.e. game of playing trivia) related to fashion generally. By way of illustration, the quiz may request the user to identify a current fashion trend, or which designer began a specified fashion trend. By way of further illustration, if the program is a reality program, the quiz may ask the user questions relating to another reality program, Shanson Par. 0471, By way of example, filler content may be ancillary content that is not sponsored by an advertiser, such as a house ad, a house cartoon character, a news item, a quiz, or the like).
Regarding claim 5, The method of Claim 1,
Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni further discloses, wherein a combination of the ads indicated by the VAST response returned for the VAST ad request and the interactive ad fill the ad break with substantially zero slate (Shanson Par. 0270. users may be presented with different interstitial content of different duration. Certain users may be presented with different numbers of interstitial content as needed to fill in gaps in ad pods. Par. 0160, interstitial is presented after (e.g., immediately after) those one or more items of other content (i.e. advertisements)), i.e. interstitial (i.e. interactive ads) are displayed immediately (i.e. without slate or empty placeholder), Pathak, Par. 0065, advertisement Requester 103 communicates with the Advertisement Server 104 honoring VAST standard. This includes a VAST Request (IP address of Player, duration of the cue, type of advertisement requested-video) to the Advertisement Server 104. The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs)).
Regarding claim 6, The method of Claim 5,
Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni further discloses, wherein the combination of the ads indicated by the VAST response returned for the VAST ad request and the interactive ad includes the one or more of pre-roll or post-roll slate permitting the viewer to react to one or more transitions between ads indicated by the VAST response returned for the VAST ad request and the interactive ad (Shanson Par. 0468, backward or forward drift may occur as a result of a pod being underfilled (which may cause forward drift), i.e. duration of advertisements received is less than duration of advertisement break or pod. Par. 0470, different backfill strategies for populating pods to compensate for forward drift and to resynchronize a user's timeline to the original timeline may be selected and used for different users, a transitional notification (i.e. slate with message) may be presented prior to the playing of the backfill content (i.e. playing interactive content to fill the gap) on the user's device, the notification informing the user (i.e. notification to user = allow user be ready (i.e. react) for the interactive backfill content) that backfill content will be presented. Pathak, Par. 0065, advertisement Requester 103 communicates with the Advertisement Server 104 honoring VAST standard. This includes a VAST Request (IP address of Player, duration of the cue, type of advertisement requested-video) to the Advertisement Server 104. The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs)).
Regarding claim 7. The method of Claim 1, further comprising:
Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni further discloses, dynamically sizing the interactive ad in response to determining that the overall duration of ads indicated by the VAST response returned for the VAST ad request leave the unfilled portion of the ad break (Van Aacken Par. 0036, the third party video content can be interactive, thereby facilitating commercial transactions during the presentation of the third party video content (e.g., a conversion). Par. 0054, a replacement segment of third party content can also be selected based upon a time left for a current avail. For example, if the user was five seconds into a 30 second avail, the replacement segment of third party content can be specified to be 22-25 seconds. In some implementations, a third party content segment that does not fill the entire remainder of the slot can be extended (e.g., by slowing down the video and audio) by an amount that would close the gap between the replacement content and the remaining time left in the avail. Similarly, a replacement segment of third party content that is slightly too long can be sped up in order to fit within the remaining time left in the avail, Pathak, Par. 0065, advertisement Requester 103 communicates with the Advertisement Server 104 honoring VAST standard. This includes a VAST Request (IP address of Player, duration of the cue, type of advertisement requested-video) to the Advertisement Server 104. The Advertisement Server 104 responds with a VAST Response (advertisement details (Location URL, duration formats available), playback reporting URLs)).
Regarding claim 8, Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni meets claim limitation as set forth in claim 1, respectively, Shanson further discloses, A video content server (Par. 0076, a remote server (e.g., the server that assembles/stiches content together to form a program) may execute code that determines when and/or where an interstitial/overlay is to be displayed) comprising:
a transceiver configured to receive an ad request for advertising to be displayed during an ad break for streaming of video content to an electronic device (Par. 0057-0058, fig. 1A); and
at least one processing device configured (Par. 0057-0058, fig. 1A).
Regarding claim 9-14, Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni meets the claim limitations as set forth in claim 2-7.
Regarding claim 15, Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni meets claim limitation as set forth in claim 1, respectively, Shanson further discloses, A non-transitory machine readable medium containing instructions that when executed cause at least one processor of an electronic device to (Par. 0057-0058, fig. 1A).
Regarding claim 16-20, Shanson in view of Pathak in further view of Van Aacken in further view of Kulkarni meets the claim limitations as set forth in claim 2-6.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AKSHAY DOSHI whose telephone number is (571)272-2736. The examiner can normally be reached M-F 9:30 AM to 6:00 PM.
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/A.D./Examiner, Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422