DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant's arguments filed 06/01/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant alleges that the amended limitation “sending, to an advertisement server via a network, a request for an advertisement for insertion into the opportunity for inserting an advertisement in the video content, wherein the request comprises information for selection of the advertisement” is not taught by Lemmons. After further reviewing Lemmons, Examiner respectfully disagrees. Lemmons discloses (¶0057-¶0059, ¶0064, ¶0066, ¶0075, ¶0078) that the server interacts and provides placement/contour data for the identified object/blank space over the Internet to the computer system where the central computer stores advertisers data in the database as represented in Fig. 7; (¶0060) the server obtains/applies video enhancement label/ad to the video content. Based on this teaching it is obvious when two device initiates interaction/communication between them, they are exchanging request/information. Therefore, it moots Applicant’s argument and the rejection is maintained.
Regarding claim 5, Applicant asserts that Lemmons does not describe obtaining its labels via a URL. After further reviewing Lemmons, Examiner respectfully disagrees. Lemmons discloses (¶0049, ¶0058) that the ad database stores the file name and/or link to a label graphics file which is stored in a separate location as represented in Fig. 3B. Therefore, it moots Applicant’s argument, and the rejection is maintained.
Regarding amended claims and newly added claims 21-23, see the new rejection below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1-5 and 7-23 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US PG Pub 2003/0028873 to Lemmons (“Lemmons”).
Regarding claim 1, “A method comprising: determining, by a computing device, an opportunity for inserting an advertisement in video content” reads on the system/method where the ad space/opportunity is determined in the video stream (abstract) disclosed by Lemmons and represented in Fig. 9. Lemmons further discloses (¶0049, ¶0059) that the server identifies available advertising space/opportunity in the video content as represented in Fig. 7.
As to “sending, to an advertisement server via a network, a request for an advertisement for insertion into the opportunity for inserting an advertisement in the video content, wherein the request comprises information for selection of the advertisement” Lemmons discloses (¶0057-¶0059, ¶0064, ¶0066, ¶0075, ¶0078) that the server/STB interacts and provides placement/contour data for the identified object/blank space over the Internet to the computer system where the central computer stores advertisers data in the database as represented in Figs. 7 and 8; (¶0060) the server/STB obtains/applies video enhancement label/ad to the video content; (¶0057-¶0058, ¶0066) the server interacts/communicates with the central computer over the Internet network, where the central computer stores advertisers data in the database as represented in Fig. 7; (¶0059, ¶0075, ¶0078) the server communicates attribute information associated with the ad space with the central computer database. [Based on this teaching it is obvious when two device initiates interaction/communication between them, they are exchanging request and/or information.]
As to “receiving a response indicating an advertisement selected based on the request” Lemmons discloses (¶0058-¶0059, ¶0075, ¶0077) that the system selects an advertiser to place the ad in the ad space and provides it to the server.
As to “causing output of the advertisement during the opportunity for inserting the advertisement in the video content” Lemmons discloses (¶0060) that the server outputs the enhanced video signal with the inserted ad to the STB device that receives and transmits the enhanced video signal to a display device.
Regarding claim 2, “The method of claim 1, wherein the content comprises one or more of: broadcast video content; streaming video content; video-on-demand content; or downloaded video content” Lemmons discloses (¶0035) that the video content/signals includes TV broadcast, (¶0031) video stream over the Internet.
Regarding claim 3, “The method of claim 1, wherein the computing device comprises a content server, the method further comprising: receiving the advertisement via a second network” Lemmons discloses (¶0056-¶0057) that the system includes a server that receives un-enhanced video content over TV/broadcast network, and (¶0068) the server interacts with the central computer over a different network connection.
Regarding claim 4, “The method of claim 1, wherein the computing device comprises a content server, and wherein the receiving the response comprises receiving the response from the advertisement server, the method further comprising: inserting the advertisement into the video content” Lemmons discloses (¶0056-¶0057) that the system includes a server that receives un-enhanced video content with ad space and interacts with the central computer, where (¶0058-¶0059, ¶0075, ¶0077) the central computer selects an advertiser by placing/inserting the ad in the ad space.
Regarding claim 5, “The method of claim 1, further comprising: obtaining the advertisement via a Universal Resource Locater (URL) address for the advertisement” Lemmons discloses (¶0049, ¶0058) that the ad database stores the file name and/or link to a label graphics file which is stored in a separate location as represented in Fig. 3B (elements 322, 324, 326, 328); (¶0046-¶0048) web address is associated with the advertisement to obtain more information about the advertisement as represented in Fig. 3.
Regarding claim 7, “The method of claim 1, wherein the network comprises the Internet, the method further comprising: receiving, via the Internet, the advertisement” Lemmons discloses (¶0057-¶0058, ¶0066) that the server interacts/communicates with the central computer over the Internet network, where the central computer stores advertisers data in the database.
Regarding claim 8, “The method of claim 1, wherein causing the output comprises causing output, via a device associated with a user, of the advertisement during the opportunity for inserting the advertisement” Lemmons discloses (¶0060) that the server outputs the enhanced video signal with the inserted ad to the STB device that receives and transmits the enhanced video signal to a display device.
As to “wherein the information for selection of the advertisement indicates one or more of: one or more capabilities of the device associated with the user; one or more properties of the video content; subject matter of the video content; one or more habits of the user; or one or more interests of the user” Lemmons further discloses (¶0042, ¶0085) that the ad that is superimposed over the ad space is selected based on attributes of the content, where attributes include information such as profile, size, type, or other information (properties of the content).
Regarding claim 9, see rejection similar to claims 1 and 5.
Regarding claim 10, see rejection similar to claim 2.
Regarding claim 11, see rejection similar to claims 3 and 5.
Regarding claim 12, see rejection similar to claim 4.
Regarding claim 13, see rejection similar to claim 8.
Regarding claim 14, see rejection similar to claim 1.
Regarding claim 15, see rejection similar to claim 2.
Regarding claim 16, see rejection similar to claim 3.
Regarding claim 17, see rejection similar to claim 4.
Regarding claim 18, see rejection similar to claim 5.
Regarding claim 19, see rejection similar to claim 7.
Regarding claim 20, see rejection similar to claim 8.
Regarding claim 21, “The method of claim 1, wherein the advertisement comprises a video advertisement” Lemmons discloses (¶0060) that the server/STB obtains/applies video enhancement label/ad to the video content.
Regarding claim 22, see rejection similar to claim 21.
Regarding claim 23, see rejection similar to claim 21.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 6 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lemmons in view of US PG Pub 2008/0140523 to Mahoney (“Mahoney”).
Regarding claim 6, Lemmons meets all the limitations of the claim except “The method of claim 1, further comprising: tracking one or more interactions, of a user, associated with the advertisement.” However, Mahoney discloses (¶0074) that the system that provides ad content monitors user’s interactions. Therefore, it would have been obvious to one of the ordinary skills in the art at the time of the invention to modify Lemmons’ system by tracking user’s interactions associated with the ad as taught by Mahoney in order for the advertisers to passively sell products targeted to specific users and content owners to actively search for product to link to the users (Mahoney - ¶0102).
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 PINKAL R CHOKSHI whose telephone number is (571)270-3317. The examiner can normally be reached Monday - Friday, 8am-5pm.
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/PINKAL R CHOKSHI/Primary Examiner, Art Unit 2425
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