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 .
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 double patenting rejection is appropriate where the claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 5-9, 12, 13, 17-21, 24, 25, 29-33, and 36 are rejected on the ground of nonstatutory non-obvious type double patenting over corresponding claims as mapped in table below of U.S. Patent No. 12160629. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim same subject matter.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, mapping of claims as follows:
Instant Application No. 18/930,607
US Patent 12160629
Claims 1, 7, 13, 19, 25, and 31 maps to
Claims 1, 8, and 14
Claims 5, 12, 17, 24, 29, and 36 maps to
Claim 4
Claims 6, 18, and 30 maps to
Claim 5
Claims 8, 20, and 32 maps to
Claims 1, 8, and 14
Claims 9, 21, and 33 maps to
Claims 1, 8, and 14
Claims 1, 2, 4-7, 11-14, 16-19, 23-26, 28-31, 35, and 36 are rejected under 35 U.S.C. 103 as being unpatentable over Collart, (US 20090150553, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in view of Candelore, (US 20150312622, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in further view of Tse, (US 20160094893, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025).
Regarding claim 1, Collart discloses, a method comprising:
sending, to a first device, primary content comprising an insertion opportunity (Par. 0085 media content package is streamed from a remote server, or computing device, to a primary media device) comprising an indication of an insertion opportunity. Par. 0088-0089 and 0141 a control script trigger is an indication to insert supplemental content. i.e. stream contains trigger for advertisement delivery = insertion opportunity for advertisement);
determining, a second device (Par. 0063-0065, 0110-0111, it is determined if secondary device 124 is present and available based on whether a communication is received from the secondary device 124, i.e. determining the second device); and
sending, secondary content associated with the insertion opportunity to the second device (Par. 0063, 0111-0112, fig. 9, depending on whether the secondary device 124 is present and available, secondary content associated with the insertion opportunity is sent from the primary device 122 to secondary device 124.
Collart discloses, detecting the presence of a secondary device (Par. 0088), Collart does not disclose, determining a proximity of a second device to the first device, and sending the secondary content based on the proximity of the second device, and based on an indication that the secondary content was not displayed on the second device, sending the secondary content to the first device.
Candelore discloses, determining a proximity of a second device to the first device, and sending the secondary content based on the proximity of the second device (Par. 004, secondary content is delivered to a second screen device that is determined to be proximate to the main display device).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Collart with the teachings of determining a proximity of a second device to the first device, and sending the secondary content based on the proximity of the second device, as taught by Candelore, to ensure proper presentation of the secondary content on the companion device by ensuring that the two devices are located within a same room, as disclosed in Candelore par. 0006.
Collart in view of Candelore does not disclose, based on an indication that the secondary content was not displayed on the second device, sending the secondary content to the first device.
Tse discloses, based on an indication that the secondary content was not displayed on the second device, sending the secondary content to the first device (Par. 011, a transmission of a first stream of media content for rendering using a media device, such as a television, wherein the first stream of media content comprises media with at least one advertisement. Par. 0037, if advertisement is rendered by client device 109 (i.e. second device), the transmission of first media stream (i.e. containing advertisements) is initiated or maintained (i.e. on first device). Par. 0057, it is determined whether at least one advertisement 112 has been successfully rendered by the display 118 of the client device 109. If the one or more advertisements 112 have not been rendered by the display, the process may proceed to 503, whereby the transmission of the first stream of media content 106 is maintained, i.e. based on indication that advertisement or secondary content was not displayed on second device 109, send advertisement as part of the first stream to first device. Fig. 4A and 4B shows advertisements displayed on first device TV as part of the first stream and advertisement displayed on second device 109).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Collart in view of Candelore with the teachings of based on an indication that the secondary content was not displayed on the second device, sending the secondary content to the first device, as taught by Tse, the rationale being to ensure that the content was properly delivered and viewed by user.
Regarding claim 2, method of claim 1,
Collart in view of Candelore in further view of Tse further discloses, further comprising receiving the indication that a portion of the secondary content was not displayed on the second device (Tse, Par. 0037, if advertisement is not rendered by client device 109 (i.e. second device), the transmission of first media stream (i.e. containing advertisements) is initiated or maintained (i.e. on first device). Par. 0057, it is determined whether at least one advertisement 112 has been successfully rendered by the display 118 of the client device 109. If the one or more advertisements 112 have not been rendered by the display, the process may proceed to 503, whereby the transmission of the first stream of media content 106 is maintained, i.e. not successfully rendered = either entirely, hence portion is not displayed).
Regarding claim 4, method of claim 1,
Collart in view of Candelore in further view of Tse further discloses, wherein sending the secondary content to the first device comprises inserting the secondary content into the primary content (Tse Par. 0037, fig. 4A, 4B, If the one or more advertisements 112 has not been rendered by the display 118 or the client device 109, the transmission of the first stream of media content 106 (i.e. having advertisements) is initiated or maintained, i.e. advertisements are displayed (i.e. by inserting) as part of first stream on first device).
Regarding claim 5, method of claim 1,
Collart further discloses, wherein sending the secondary content to the second device comprises sending the secondary content to the second device from a content server (Par. 0068, the server 130, in some implementations, can provide relevant content to the secondary device once the primary and secondary devices 122, 124 are cooperated or linked. The relevant content can be retrieved from the primary device 122, supplied directly from the server 130).
Regarding claim 6, method of claim 1,
Collart in view of Candelore in further view of Tse further discloses, wherein the secondary content comprises advertising content (Tse, par. 009, 0035, rendering advertisement on client device).
Regarding claim 7, Collart discloses, a method comprising:
sending, to a first device, primary content comprising an insertion opportunity (Par. 0085 media content package is streamed from a remote server, or computing device, to a primary media device) comprising an indication of an insertion opportunity. Par. 0088-0089 and 0141 a control script trigger is an indication to insert supplemental content. i.e. stream contains trigger for advertisement delivery = insertion opportunity for advertisement);
determining a second device (Par. 0063-0065, 0110-0111, it is determined if secondary device 124 is present and available based on whether a communication is received from the secondary device 124, i.e. determining the second device); and
sending, secondary content associated with the insertion opportunity to the second device (Par. 0063, 0111-0112, fig. 9, depending on whether the secondary device 124 is present and available, secondary content associated with the insertion opportunity is sent from the primary device 122 to secondary device 124).
Collart discloses, detecting the presence of a secondary device (Par. 0088), Collart does not disclose, determining a proximity of a second device to the first device, and sending the secondary content based on the proximity of the second device, and based on lack of an indication that the secondary content was displayed on the second device, sending the secondary content to the first device.
Candelore discloses, determining a proximity of a second device to the first device, and sending the secondary content based on the proximity of the second device (Par. 004, secondary content is delivered to a second screen device that is determined to be proximate to the main display device).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Collart with the teachings of determining a proximity of a second device to the first device, and sending the secondary content based on the proximity of the second device, as taught by Candelore, to ensure proper presentation of the secondary content on the companion device by ensuring that the two devices are located within a same room, as disclosed in Candelore par. 0006.
Collart in view of Candelore does not disclose, based on lack of an indication that the secondary content was displayed on the second device, sending the secondary content to the first device.
Tse discloses, based on lack of an indication that the secondary content was displayed on the second device, sending the secondary content to the first device (Par. 011, a transmission of a first stream of media content for rendering using a media device, such as a television, wherein the first stream of media content comprises media with at least one advertisement. Par. 0037, if advertisement is rendered by client device 109 (i.e. second device), the transmission of first media stream (i.e. containing advertisements) is initiated or maintained (i.e. on first device). Par. 0057, it is determined whether at least one advertisement 112 has been successfully rendered by the display 118 of the client device 109. If the one or more advertisements 112 have not been rendered by the display, the process may proceed to 503, whereby the transmission of the first stream of media content 106 is maintained, i.e. based on indication that advertisement or secondary content was not displayed (here given BRI of indication that advertisement or secondary content was not displayed = based on lack of an indication that the secondary content was displayed on the second device on second device 109, send advertisement as part of the first stream to first device, Fig. 4A and 4B shows advertisements displayed on first device TV as part of the first stream and advertisement displayed on second device 109).
It would have been obvious to a skilled artisan before the effective filing date of the claimed invention to modify Collart in view of Candelore with the teachings of based on lack of an indication that the secondary content was displayed on the second device, sending the secondary content to the first device, as taught by Candelore, the rationale being to ensure that the content was properly delivered and viewed by user.
Regarding claim 11, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 4.
Regarding claim 12, Collart meets the claim limitations as set forth in claim 5.
Regarding claim 13, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 1.
Regarding claim 14, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 2.
Regarding claim 16, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 4.
Regarding claim 17, Collart meets the claim limitations as set forth in claim 5.
Regarding claim 18, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 6.
Regarding claim 19, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 7.
Regarding claim 23, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 11.
Regarding claim 24, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 12.
Regarding claim 25, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 1.
Regarding claim 26, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 2.
Regarding claim 28, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 4.
Regarding claim 29, Collart meets the claim limitations as set forth in claim 5.
Regarding claim 30, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 6.
Regarding claim 31, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 7.
Regarding claim 35, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 11.
Regarding claim 36, Collart in view of Candelore in further view of Tse meets the claim limitations as set forth in claim 12.
Claims 3, 15, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Collart, (US 20090150553, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in view of Candelore, (US 20150312622, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in further view of Tse, (US 20160094893, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in further view of Zilberstein et al. (US 20160127776).
Regarding claim 3, method of claim 1,
Collart in view of Candelore in further view of Tse does not disclose, further comprising based on an indication that the secondary content was displayed on the second device, sending additional secondary content to the second device.
Zilberstein further discloses, further comprising based on an indication that the secondary content was displayed on the second device, sending additional secondary content to the second device (Par. 0030, user input indicative of user interest in first ad (i.e. confirmation that advertisement was displayed) continue to display the subsequent 30 seconds of additional one minute ad subsequent to 30 second ad).
Regarding claim 15, Collart in view of Candelore in further view of Tse Zilberstein meets the claim limitations as set forth in claim 3.
Regarding claim 27, Collart in view of Candelore in further view of Zilberstein meets the claim limitations as set forth in claim 3.
Claims 8, 9, 20, 21, 32, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Collart, (US 20090150553, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in view of Candelore, (US 20150312622, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in further view of Tse, (US 20160094893, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in further view of Li et al. (US 20130144725).
Regarding claim 8, method of claim 7,
Collart in view of Candelore in further view of Tse does not disclose, further comprising determining, within a time period, the lack of the indication that the secondary content was displayed in on the second device.
Li discloses, further comprising determining, within a time period, the lack of the indication that the secondary content was displayed in on the second device (Par. 0027, After presenting the advertisement, the policy-management application 220 may automatically display the question and prompt the user 202 to respond to the question. Once the user 202 manipulates the secondary device 206 to provide an answer to the question, the policy-management application 220 or the content-provisioning system 208 may determine, based on the user's response to the question, whether the user 202 understood the content of the advertisement and may thereby verify that the secondary-content-presentation policy agreement was satisfied. In this regard, if the user response indicates that the user 202 did not understand the secondary content, the policy-management application 220 or the content-provisioning system 208 may fail to validate or otherwise verify that the secondary content was presented to the user, i.e. time period is length of time advertisement when finished playing entirely, then the response from user failed to validate that advertisement was displayed on mobile device).
Regarding claim 9, method of claim 8,
Collart in view of Candelore in further view of Tse in further view of Li further discloses, wherein the time period is determined based on a duration of the secondary content (Li Par. 0027, After presenting the advertisement, the policy-management application 220 may automatically display the question and prompt the user 202 to respond to the question. Once the user 202 manipulates the secondary device 206 to provide an answer to the question, the policy-management application 220 or the content-provisioning system 208 may determine, based on the user's response to the question, whether the user 202 understood the content of the advertisement and may thereby verify that the secondary-content-presentation policy agreement was satisfied. In this regard, if the user response indicates that the user 202 did not understand the secondary content, the policy-management application 220 or the content-provisioning system 208 may fail to validate or otherwise verify that the secondary content was presented to the user, i.e. time period is length of time advertisement when finished playing entirely, then the response from user failed to validate that advertisement was displayed on mobile device).
Regarding claim 20, Collart in view of Candelore in further view of Tse in further view of Li meets the claim limitations as set forth in claim 8.
Regarding claim 21, Collart in view of Candelore in further view of Tse in further view of Li meets the claim limitations as set forth in claim 9.
Regarding claim 32, Collart in view of Candelore in further view of Tse in further view of Li meets the claim limitations as set forth in claim 8.
Regarding claim 33, Collart in view of Candelore in further view of Tse in further view of Li meets the claim limitations as set forth in claim 9.
Claims 10, 22, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Collart, (US 20090150553, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in view of Candelore, (US 20150312622, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in further view of Tse, (US 20160094893, from Applicant’s Information Disclosure statement (IDS) submitted on 1/22/2025), in further view of Price et al. (US 20140067516).
Regarding claim 10, method of claim 7,
Collart in view of Candelore in further view of Tse does not disclose, further comprising determining the lack of the indication that at least a minimum portion of the secondary content was displayed in on the second device.
Price discloses, further comprising determining the lack of the indication that at least a minimum portion of the secondary content was displayed in on the second device (Par. 0026, the app 126 running on the user computing device may be configured to require that the video advertisement is presented (e.g., played) for at least 50% of the actual full video length before a redemption code may be issued to the respective user. Par. 0053, a song redemption view may display song details and allow the user to redeem the song by watching, for example, a video advertisement, update with new instructions if the user does not view the requisite amount of the video advertisement, i.e. user does not view the requisite amount (i.e. minimum percentage of actual video advertisement length) = lack of indication that minimum portion of the advertisement was displayed).
Regarding claim 22, Collart in view of Candelore in further view of Tse in further view of Price meets the claim limitations as set forth in claim 10.
Regarding claim 34, Collart in view of Candelore in further view of Tse in further view of Price meets the claim limitations as set forth in claim 10.
Conclusion
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/A.D./Examiner, Art Unit 2422
/MICHAEL E TEITELBAUM, Ph.D./Primary Examiner, Art Unit 2422
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