DETAILED ACTION
This Office Action is in response to the application filed on December 4, 2024. Claims 1-18 are pending and are examined.
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 .
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, 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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2024/0147028 (“Weiner”) in view of the level of skill in the art.
With respect to claim 10, Weiner discloses the invention substantially as claimed, including
A computer-implemented system for real-time creative creation (see Abstract, Figs. 1A, 1B, 4, ¶¶4-5, 10, 12, 16, 29, 42, describing a computer-implemented system for the generation/creation of advertisements/creatives for integrated display during playback without pause or commercial break, i.e., in real-time), the system comprising:
at least one memory (see Fig. 4, items 410, 414, ¶¶42-45, 49, 53, describing that the system includes a memory and computer readable medium, i.e., at least one memory);
at least one processor communicatively coupled to the memory (see Fig. 4, item 406, ¶¶27, 42-45, 49-50, 52-53, describing that the system includes at least one processor coupled to the memory);
a display (see Fig. 4, item 426, ¶¶43-44, 47, describing the system may include a display); and
a rendering module activated by a streaming application equipped with a video player (see Figs. 1A-1B, items 104, 130, (1), 402, ¶¶14, 16-20, 27, 31, 33, describing a scannable code insertion system/SSAI system 104/130/402, i.e., rendering module, which is activated by a request from a client computing system 102/403 including a streaming application equipped with a video player), the rendering module is configured to
retrieve a creative definition object (CDO), wherein the CDO comprises a set of instructions related to one or more creative assets, each creative asset associated with a set of layout and behavior instructions (see Figs. 1A, 2, items (2), (3a), (3b), 202, 204, ¶¶16, 19-23, 30, 36-37, describing that the scannable code insertion system/ad requester requests an ad and retrieves the ad and ad data/code/metadata/parameters, i.e., CDO, and that this ad data/code/metadata/parameters included instructions related to the ad/QR code/creative asset including how the ad/QR code should visually appear, be positioned, and be integrated within the creative, e.g., color, logo, shape, format, time markers, context information, placement, etc., i.e., a set of layout and behavior instructions),
retrieve the creative assets (see Figs. 1A, 2, 3A, items (3a), 204, 208, 210, 302, ¶¶19-21, 24, 27, describing the retrieval of the ad itself and/or QR code, i.e., creative assets, from the ad server),
render the creative assets according to the set of instructions thereby creating the creative (see Figs. 1A, 2, 3A-3C, items 136, 206-212, 312, 314, 350, (7), (6a), ¶¶1, 24-28, 30-31, 161, describing that the system retrieves or generates, i.e., renders, the final creative asset according to the instructions/data/code/metadata/parameters, creating the final creative and combines it with the video), and
display the creative on the display (see Abstract, Figs. 1A-1B, 3B-3C, 4, items 102, 403, ¶¶12-13, 16, 29, 31, 40-41, 43-44, describing that the advertisement/creative may be displayed on the display of the client device).
Weiner does not explicitly state that its creative is created in “real-time”. However, Weiner describes that its creative is generated/retrieved and displayed as a user is viewing video content as an overlay to the video content without pause or commercial break in the playback (see ¶12). One of ordinary skill in the art at the time of filing would have understood this to be creation/display of the ad/creative while the viewer is actively viewing the underlying video rather than preparation in advance, i.e., it occurs in real-time. Accordingly, to such a person, based on this description in Weiner it would have been obvious to modify Weiner to refer to such creation using the term “real-time”. Accordingly, in view of the level of skill in the art, Weiner discloses each and every element of independent claim 10.
With respect to claim 11, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of independent claim 10. Weiner additionally discloses:
wherein the CDO further comprises a second set of instruction related to a video and wherein the rendering module is further configured to render the video according to the second set of instructions (see citations and arguments with respect to claim 10 above, including ¶¶24, 26, 29-31, describing that the instructions/data/code/metadata/parameters, i.e., CDO, may include information for creating/rendering the creative/advertisement with the video, including time markers of where in the video the ad will be presented, instructions for integration of the final creative into the underlying video content, position within the final video, etc.).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 11.
With respect to claim 12, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of independent claim 10. Weiner additionally discloses:
wherein the CDO further comprises a set of general instructions related to the overall playback process, the set including one or more of a rectangle on the screen dedicated for displaying a video, a background behind the video and the creative, animation characteristics, fonts, duration, and sound level (see citations and arguments with respect to claim 10 above, including Figs. 3A-3C, items 302, 304, 312, 314, 352, ¶¶21-23, 27, 37, 39-41, describing that the instructions/data/code/metadata/parameters, i.e., CDO, may include instructions related to playback, including the location/size of the ad and/or graphical code during playback – which may include a rectangle dedicated for playing an ad video, how long the ad should last, i.e., duration, etc.).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 12.
With respect to claim 13, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of independent claim 10. Weiner additionally discloses:
wherein the CDO further comprises a set of data instructions, the set including any of endpoints, supported API for receiving personalized information, instructions for controlling a video, and API for receiving ad related data (see citations and arguments with respect to claim 10 above, including ¶¶22, 24, 27, 30, describing that the instructions/data/code/metadata/parameters, i.e., CDO, may include sets of data instructions including time markers where the ad will be presented, timestamps in the video at which an ad should be inserted, i.e., including endpoints and instructions for controlling a video).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 13.
With respect to claim 14, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of independent claim 10. Weiner additionally discloses:
wherein the rendering module is further configured to receive a trigger to display a creative while streaming a video by the video player and wherein the trigger is raised at one or more of predefined points during playback, scheduled specific time intervals within the stream, and the occurrence of predefined user interactions (see citations and arguments with respect to claim 10 above, including ¶¶16-20, 22, 24, 27-28, 30, 32-33, 35, describing that the rendering module may receive a trigger/request to display the ad/creative while streaming the video by the video player, and that the trigger/request may be raised at a specific time marker where the ad will be presented, last for a specific length of time, i.e., raise at a predefined point and scheduled at specific time intervals).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 14.
With respect to claim 15, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of dependent claim 14. Weiner additionally discloses:
wherein the trigger is raised by a third-party application (see citations and arguments with respect to claims 10 and 14 above, including ¶¶33, 46, describing that the trigger/request may be raised by a third-party application).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 15.
With respect to claim 16, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of dependent claim 15. Weiner additionally discloses:
wherein the trigger includes instructions related to a creative asset (see citations and arguments with respect to claims 10 and 14-15 above, describing that the request/trigger may include instructions to generate ad content, i.e., instructions related to a creative asset).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 16.
With respect to claim 17, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of independent claim 10. Weiner additionally discloses:
wherein the CDO is personalized (see citations and arguments with respect to claim 10 above, including ¶24, describing that the CDO may include contextual information regarding the page being viewed, the user, the client device, or demographic data, i.e., it may be personalized).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 17.
With respect to claim 18, Weiner discloses the invention substantially as claimed. As described above, Weiner in view of the level of skill in the art discloses all the elements of independent claim 10. Weiner additionally discloses:
wherein the CDO is per channel (see citations and arguments with respect to claim 10 above, including ¶¶11, 17, 19, 24, describing that the CDO may include URL information, publisher page information, and information regarding the page being viewed, i.e., is per channel).
The reasons for combining the cited prior art with respect to claim 10 also apply to claim 18.
With respect to claim 1, claim 1 recites the elements of claim 10 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 10 also applies to claim 1.
With respect to claim 2, claim 2 recites the elements of claim 11 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 11 also applies to claim 2.
With respect to claim 3, claim 3 recites the elements of claim 12 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 12 also applies to claim 3.
With respect to claim 4, claim 4 recites the elements of claim 13 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 13 also applies to claim 4.
With respect to claim 5, claim 5 recites the elements of claim 14 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 14 also applies to claim 5.
With respect to claim 6, claim 6 recites the elements of claim 15 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 15 also applies to claim 6.
With respect to claim 7, claim 7 recites the elements of claim 16 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 16 also applies to claim 7.
With respect to claim 8, claim 8 recites the elements of claim 17 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 17 also applies to claim 8.
With respect to claim 9, claim 9 recites the elements of claim 18 in method form rather than system form. Accordingly, the disclosure cited with respect to claim 18 also applies to claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDSAY JANE KILE UHL whose telephone number is (571)270-0337. The examiner can normally be reached 8:30 AM-5:00 PM.
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LINDSAY J UHL
Primary Examiner
Art Unit 2481
/LINDSAY J UHL/Primary Examiner, Art Unit 2481