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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/14/26 has been entered.
Allowable Subject Matter
Claims 22-24 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.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2,5-7,9-15,17-21 are is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Barbieri (US 2025/0097525).
Regarding claim 1, 13, Barbieri discloses a system comprising:
Interface circuitry to receive a request corresponding to a set top box ([0028]), the request received during receipt of a media stream at the set-top-box([0029]);
Machine-readable instructions; and
At least one processor circuit to be programmed by the machine-readable instructions to:
Access a break descriptor from the request, the break descriptor located in the media stream in advance of an upcoming break in the media stream, the set-top box to receive instructions from a headend to present a first advertisement during the upcoming break in the media stream ([0032, 0036, 0085], fig. 9 information/cue of upcoming ad break is received );
Before selection of an advertisement to present during the upcoming break of the media stream, determine, based on the break descriptor, whether to cause presentation of a different advertisement instead of the first advertisement during the upcoming break of the media stream; ([0032, 0036, 0085, 0088, 0089], fig. 9 download replacement ads to replace candidate replacement ads);
after a determination to cause presentation of a different advertisement instead of the first advertisement, select an advertisement to present during the upcoming break in the media stream (fig. 9, [0088-0091, 0092, 0128, 0130] ad replacement is based on various factors).
Regarding claim 2,14, Barbieri discloses wherein the interface circuitry is to receive the request from a server after the server receives a dynamic advertisement insertion request from the set-top-box via a first network, the set-top-box to receive the media stream via a second network from a headend (fig. 9, [0085-0089]).
Regarding claim 5, 17, Barbieri discloses wherein one or more of the at least one processor circuit is to, based on a second break descriptor corresponding to a second break in the media stream, not enable advertisement selection for the second break in the media stream ([0128-0130]).
Regarding claim 6, 18, Barbieri discloses wherein one or more of the at least one processor circuit is to select the advertisement to present during the upcoming break in the media stream based on an auctioning process, the auctioning process based on audience profile information corresponding to the set-top box ([0004, 0042, 0100]).
Regarding claim 7, 19, Barbieri discloses wherein the at least one processor circuit is to provide a URL and an advertisement identifier to the set-top-box, the advertisement identifier corresponding to the advertisement to present during the upcoming break in the media stream, the URL corresponding to an advertisement distribution server storing the advertisement to present during the upcoming break in the media stream ([0029, 0032]).
Regarding claim 9, Barbieri discloses a set-top-box comprising:
First interface circuitry to receive a media stream via first network, the media stream including a break descriptor and a break, the break including a first advertisement (fig. 9);
Second interface circuitry to be in communication with a server via a second network;
Machine readable instructions; and
At least one processor circuit to be programmed by the machine-readable instructions to:
Determine, based on the break descriptor, whether to present a different advertisement instead of the first advertisement during the break in the media stream ([0033, 0036]);
In response to a determination to play a different advertisement instead of the advertisement, generate a request message, the message to include the break descriptor and to request selection of a different advertisement (fig. 9, [0032, 0033, 0036, 0085, 0088, 0089]);
Cause the second interface circuitry to send the request message to the server (fig. 9, [0032, 0033, 0036, 0085, 0088, 0089]);
Access, in response to the request, a selection of a second advertisement from the server (fig. 9, [0079-0081, 0089, 0128, 0130]);
present of the second advertisement during the break in the media stream (fig. 9, [0079-0081, 0089, 0128, 0130]).
Regarding claim 10, Barbieri discloses wherein the advertisement is a substitute advertisement, the break in the media stream including a linear advertisement received at the set-top-box from the second network, the substitute advertisement to be presented by the set-top-box instead of the linear advertisement (fig. 9, [0088-0096]).
Regarding claim 11, 15, Barbieri discloses wherein the first network is the Internet, the second network is a satellite network ([0028]).
Regarding claim 12, Barbieri discloses access, in response to the request, a URL and an advertisement identifier; and cause the second interface circuitry to send an advertisement request to an advertisement distribution server using the URL, the ad request to cause the advertisement distribution server to return the second advertisement based on the advertisement identifier ([0029, 0032]).
Regarding claim 20, Barbieri discloses wherein one or more of the at least one processor circuit is to determine whether to cause presentation of a different advertisement instead of the first advertisement by:
accessing schedule information in a database; and
analyzing a rule and the schedule information (fig. 9, [0083-0085, 088-091, 092]).
Regarding claim 21, Barbieri discloses wherein the at least one processor circuit is to determine whether to cause presentation of a different advertisement instead of the first advertisement based on one or more of: an identity of the media stream; or programming content within the media stream ([0004, 0032, 0088]).
Response to Arguments
Regarding applicant’s arguments concerning the Barbieri reference, examiner respectfully disagrees. Barbieri discloses that a stream contains ad information and that candidate ads are selected for replacement ([0033, 0036], fig. 9). Candidate ads can be comprised of filler ads or other ads that have been determined to be suitable for replacement ([0003]). These filler ads represent the “first advertisement” limitation of claim 1, as they are the original ads intended to be presented to the user. Paragraph 33 states that the candidate ads for replacement are determined in advance (which may or may not include all the ads in the playlist) and replacement ads are download/selected to replace the candidate ads. Paragraphs 32 and 36 states that ad break data is received prior to the ad break and this data is used to determine candidate ads for replacement.
Applicant’s argument that Barbieri always selects replacement advertisements whenever an upcoming break is identified is incorrect. Barbieri teaches that specific candidate ads are determined, and that replacement ads are retrieved/downloaded based on the candidate ad determination ([0033, 0036-0038]). If no candidate ads are present, replacement ads are not selected. Paragraph 38 states that bandwidth and resources are not to be wasted on ads that will no longer be viewed.
Applicant’s argument that Barbieri discloses situations in which the replacement ads are not shown does not necessarily prevent the reference from being applied to the limitations of the claim. Even in situations in which the replacement ads are not shown, ie paragraph 39, the original intent was for the replacement ads to be downloaded in time for the candidate ads to be replaced. If the replacement ads are downloaded in time, the candidate ads are replaced. Thus, the limitations of the claim are met.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL HYUN HONG whose telephone number is (571)270-1553. The examiner can normally be reached M-F 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached at (571)272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL H HONG/Primary Examiner, Art Unit 2426
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