DETAILED ACTION
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 .
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 3-8, 10-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freed et al. (US 20150163545 A1) (Freed) in view of Jung et al. (US 20150161672 A1) (Jung).
Regarding claim 1, Freed discloses a computer-implemented method for replacing digital content from a data stream, comprising:
detecting, by at least one computer processor, a segment of the data stream to be output by a media device;
Fig. 3 and [0057] and [0057] for While the first video stream is being presented on a display device, the process 300 is processing and analyzing the current segment of video content (task 304).
wherein the segment comprises an advertisement;
generating a fingerprint of digital content corresponding to the segment advertisement using automatic content recognition (ACR);
[0058] the process 300 continues by processing and analyzing the current segment of video content (task 304) in order to generate at least one characterizing signature for the current segment of video content.
comparing the fingerprint with a plurality of fingerprints of a plurality of advertisements stored in a database;
[0059] The process 300 is querying the database to compare the generated signatures against the video content signatures in the database (tasks 306 and 308)
identifying a matched fingerprint of the plurality of fingerprints of a matched advertisement
[0060] for the results of the comparison satisfy the predetermined matching criteria (the "Yes" branch of query 308)
in response to identifying the matched fingerprint, comparing metadata of the matched advertisement with metadata of restricted digital content, wherein the restricted digital content is based on parental restrictions for advertisements;
[0061] If predetermined matching criteria has been satisfied (the "Yes" branch of query 308), then the context of recorded or buffered content, for example, commercials can be skipped, fast-forwarded, muted, or replaced with alternative video content.
determining that the advertisement corresponding to the segment is blocked from being output by the media device based on the comparison of the metadata of the matched advertisement with the metadata of the restricted digital content;
[0061] If predetermined matching criteria has been satisfied (the "Yes" branch of query 308), then the context of recorded or buffered content, for example, commercials can be skipped, fast-forwarded, muted, or replaced with alternative video content.
identifying new digital content comprising a new advertisement based on metadata of the new digital content, wherein the metadata comprises a suitable age; and
[0061] In connection with task 314 and task 316, the video services receiver may replace at least a portion of the identified segment of video content with a segment of alternative video content.
in response to determining that the advertisement is blocked from being output by the media device, replacing the advertisement with the new digital content
[0061] for task 314 and task 316, the video services receiver may replace at least a portion of the identified segment of video content with a segment of alternative video content.
However, Freed fails to disclose parental restrictions for advertisements;
Freed also fails to disclose wherein the metadata comprises a suitable age indicating that the new advertisement is not restricted under the parental restrictions for advertisements; and in response to determining that the advertisement is blocked from being output by the media device based on the comparison of the metadata of the matched advertisement with the metadata of the restricted digital content, replacing the advertisement with the new digital content to output the new digital content via the media device.
In the same field of endeavor, Jung discloses an The advertisement evaluation system 112 which function as a screening system that evaluates advertisements and decline a given advertisement prior to displaying the advertisement within the application 104. See Fig. 7 and [0091]-[0095] At 716, it is determined if the advertisement is inappropriate for display to the target age group. Determination may be based on text analysis 718 of words in the advertisement or the landing page for the advertisement, image fingerprinting 720 of images (claimed “metadata comprises a suitable age indicating that the new advertisement is not restricted under the parental restrictions for advertisements”) in the advertisement or the landing page, and/or crowdsource analysis 722 of the advertisement or the landing page. If any of the analyses 718, 720, or 722 determined that the advertisement or the landing page is inappropriate for display, then determination made at 716 may classify the advertisement is appropriate for display to the target age group.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of advertisement screening as disclosed by Jung to the method/system identifying a target video content as disclosed by Freed in order to monitor and determine if the advertisement to be inappropriate or appropriate for display to the target age group
Regarding claim 3, of Jung discloses wherein the new digital content includes a uniform resource locator (URL) to the digital content.
[0020] The application 104 may send a request to the advertisement provider service 108 to fetch information about an advertisement. The advertisement provider service 108 may return information to the application 104 such as a universal resource locator (URL) for images found in the advertisement and a URL that is reached by "clicking through" or otherwise interacting with the advertisement.
Regarding claim 4, Jung discloses The computer-implemented method of claim 1, wherein the identifying the new digital content based on the metadata of the new digital content comprises identifying the new digital content based on a geographic location included in the metadata of the new digital content.
[0069] When an advertisement 204 includes a landing page identifier 210, that landing page identifier 210 may be stored in the "landing page for ad" column. Certain landing pages may be blacklisted so that identification of the landing page 212 for an advertisement 204 may be sufficient to characterize the advertisement 204 itself as inappropriate for children. Landing pages 212 that are webpages on the World Wide Web may be characterized by top level domain, geographic location of page owners, and other features.
Regarding claim 5, Jung discloses The computer-implemented method of claim 1, further comprising determining that the new digital content is suitable to be output by the media device based on preferences of a user associated with the media device.
[0077] FIG. 6 shows an illustrative survey 600 that may be sent to human evaluators 322 by the crowdsourcing module 320.
Regarding claim 6, Freed discloses The computer-implemented method of claim 1, further comprising storing the fingerprint of the segment in non-persistent memory.
[0035] for the database 204 could be as RAM memory
Regarding claim 7, Freed discloses The computer-implemented method of claim 1, further comprising buffering the new digital content before including the new digital content in the segment.
[0035] and [0036] The database 204 the database 204 is used to store recorded content 220 which may include recorded program content, downloaded video content, used in the replacement process.
Regarding claim 8, Freed discloses A system for replacing digital content from a data stream, comprising:
one or more memories;
at least one processor each coupled to at least one of the memories and configured to perform operations comprising:
detecting a segment of the data stream to be output by a media device, wherein the segment comprises an advertisement;
Fig. 3 and [0057] and [0057] for While the first video stream is being presented on a display device, the process 300 is processing and analyzing the current segment of video content (task 304)
generating a fingerprint of digital content corresponding to the ;
[0058] the process 300 continues by processing and analyzing the current segment of video content (task 304) in order to generate at least one characterizing signature for the current segment of video content.
comparing the fingerprint with a plurality of fingerprints of a plurality of digital content stored in a database;
[0059] The process 300 is querying the database to compare the generated signatures against the video content signatures in the database (tasks 306 and 308).
identifying a matched fingerprint of the plurality of fingerprints of a matched advertisement of the plurality of advertisements based on the comparison of the fingerprint with the plurality of fingerprints;
[0060] for the results of the comparison satisfy the predetermined matching criteria (the "Yes" branch of query 308)
in response to identifying the matched fingerprint, comparing metadata of the matched advertisement with metadata of restricted digital content, wherein the restricted digital content is based on parental restrictions for advertisements;
[0061] If predetermined matching criteria has been satisfied (the "Yes" branch of query 308), then the context of recorded or buffered content, for example, commercials can be skipped, fast-forwarded, muted, or replaced with alternative video content.
determining that the advertisement corresponding to the segment is blocked from being output by the media device based on the comparison of the metadata of the matched advertisement with the metadata of the restricted digital content;
[0061] If predetermined matching criteria has been satisfied (the "Yes" branch of query 308), then the context of recorded or buffered content, for example, commercials can be skipped, fast-forwarded, muted, or replaced with alternative video content.
identifying new digital content comprising a new advertisement based on metadata of the new digital content, wherein the metadata comprises a suitable age; and
[0061] In connection with task 314 and task 316, the video services receiver may replace at least a portion of the identified segment of video content with a segment of alternative video content.
in response to determining that the advertisement is blocked from being output by the media device, replacing the advertisement with the new digital content to output the new digital content via the media device.
[0061] for task 314 and task 316, the video services receiver may replace at least a portion of the identified segment of video content with a segment of alternative video content.
However, Freed fails to discloses parental restrictions for advertisements;
Freed also fails to disclose wherein the metadata comprises a suitable age indicating that the new advertisement is not restricted under the parental restrictions for advertisements; andin response to determining that the advertisement is blocked from being output by the media device based on the comparison of the metadata of the matched advertisement with the metadata of the restricted digital content, replacing the advertisement with the new digital content to output the new digital content via the media device.
In the same field of endeavor, Jung discloses an The advertisement evaluation system 112 which function as a screening system that evaluates advertisements and decline a given advertisement prior to displaying the advertisement within the application 104. See Fig. 7 and [0091]-[0095] At 716, it is determined if the advertisement is inappropriate for display to the target age group. Determination may be based on text analysis 718 of words in the advertisement or the landing page for the advertisement, image fingerprinting 720 of images in the advertisement or the landing page, and/or crowdsource analysis 722 of the advertisement or the landing page. If any of the analyses 718, 720, or 722 determined that the advertisement or the landing page is inappropriate for display, then determination made at 716 may classify the advertisement is appropriate for display to the target age group.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of advertisement screening as disclosed by Jung to the method/system identifying a target video content as disclosed by Freed in order to monitor and determine if the advertisement to be inappropriate or appropriate for display to the target age group
Regarding claim 10, Jung disclose the system claim 8, wherein the new digital content includes a uniform resource locator (URL) to the digital content.
[0020] The application 104 may send a request to the advertisement provider service 108 to fetch information about an advertisement. The advertisement provider service 108 may return information to the application 104 such as a universal resource locator (URL) for images found in the advertisement and a URL that is reached by "clicking through" or otherwise interacting with the advertisement.
Regarding claim 11, Jung discloses The system claim 8, wherein the identifying the new digital content based on the metadata of the new digital content comprises identifying the new digital content based on a geographic location included in the metadata of the new digital content.
[0069] When an advertisement 204 includes a landing page identifier 210, that landing page identifier 210 may be stored in the "landing page for ad" column. Certain landing pages may be blacklisted so that identification of the landing page 212 for an advertisement 204 may be sufficient to characterize the advertisement 204 itself as inappropriate for children. Landing pages 212 that are webpages on the World Wide Web may be characterized by top level domain, geographic location of page owners, and other features.
Regarding claim 12, Jung discloses The system claim 8, wherein the operations further comprise:
determining that the new digital content is suitable to be output by the media device based on preferences of a user associated with the media device.
[0077] FIG. 6 shows an illustrative survey 600 that may be sent to human evaluators 322 by the crowdsourcing module 320.
Regarding claim 13, Freed discloses The system claim 8, wherein the operations further comprise:
storing the fingerprint of the segment in non-persistent memory.
[0035] for the database 204 could be as RAM memory
Regarding claim 14, Freed discloses The system claim 8, wherein the operations further comprise:
buffering the new digital content before including the new digital content in the segment.
[0035] and [0036] The database 204 the database 204 is used to store recorded content 220 which may include recorded program content, downloaded video content, used in the replacement process.
Regarding claim 15, Freed discloses A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising:
detecting a segment of the data stream to be output by a media device, wherein the segment comprises an advertisement;
Fig. 3 and [0057] and [0057] for While the first video stream is being presented on a display device, the process 300 is processing and analyzing the current segment of video content (task 304)
generating a fingerprint of digital content corresponding to the segment using automatic content recognition (ACR);
[0058] the process 300 continues by processing and analyzing the current segment of video content (task 304) in order to generate at least one characterizing signature for the current segment of video content.
comparing the fingerprint with a plurality of fingerprints of a plurality of advertisements stored in a database;
[0059] The process 300 is querying the database to compare the generated signatures against the video content signatures in the database (tasks 306 and 308)
identifying a matched fingerprint of the plurality of fingerprints of a matched advertisement of the plurality of advertisements based on the comparison of the fingerprint with the plurality of fingerprints;
[0060] for the results of the comparison satisfy the predetermined matching criteria (the "Yes" branch of query 308)
in response to identifying the matched fingerprint, comparing metadata of the matched
[0061] If predetermined matching criteria has been satisfied (the "Yes" branch of query 308), then the context of recorded or buffered content, for example, commercials can be skipped, fast-forwarded, muted, or replaced with alternative video content.
determining that the advertisement corresponding to the segment is blocked from being output by the media device based on the comparison of the metadata of the matched
[0061] If predetermined matching criteria has been satisfied (the "Yes" branch of query 308), then the context of recorded or buffered content, for example, commercials can be skipped, fast-forwarded, muted, or replaced with alternative video content.
identifying new digital content comprising a new advertisement based on metadata of the new digital content, wherein the metadata comprises a suitable age; and
[0061] In connection with task 314 and task 316, the video services receiver may replace at least a portion of the identified segment of video content with a segment of alternative video content.
in response to determining that the advertisement is blocked from being output, replacing the advertisement with the new digital content to output the new digital content via the media device.
[0061] for task 314 and task 316, the video services receiver may replace at least a portion of the identified segment of video content with a segment of alternative video content.
However, Freed fails to discloses parental restrictions for advertisements;
Freed also fails to disclose wherein the metadata comprises a suitable age indicating that the new advertisement is not restricted under the parental restrictions for advertisements; and in response to determining that the advertisement is blocked from being output based on the comparison of the metadata of the matched advertisement with the metadata of the restricted digital content, replacing the advertisement with the new digital content to output the new digital content via the media device.
In the same field of endeavor, Jung discloses an The advertisement evaluation system 112 which function as a screening system that evaluates advertisements and decline a given advertisement prior to displaying the advertisement within the application 104. See Fig. 7 and [0091]-[0095] At 716, it is determined if the advertisement is inappropriate for display to the target age group. Determination may be based on text analysis 718 of words in the advertisement or the landing page for the advertisement, image fingerprinting 720 of images in the advertisement or the landing page, and/or crowdsource analysis 722 of the advertisement or the landing page. If any of the analyses 718, 720, or 722 determined that the advertisement or the landing page is inappropriate for display, then determination made at 716 may classify the advertisement is appropriate for display to the target age group.
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of advertisement screening as disclosed by Jung to the method/system identifying a target video content as disclosed by Freed in order to monitor and determine if the advertisement to be inappropriate or appropriate for display to the target age group
Regarding claim 17, Jung discloses the non-transitory computer-readable medium of claim 15, wherein the new digital content includes a uniform resource locator (URL) to the digital content.
[0020] The application 104 may send a request to the advertisement provider service 108 to fetch information about an advertisement. The advertisement provider service 108 may return information to the application 104 such as a universal resource locator (URL) for images found in the advertisement and a URL that is reached by "clicking through" or otherwise interacting with the advertisement.
Regarding claim 18, Jung discloses The non-transitory computer-readable medium of claim 15, wherein the identifying the new digital content based on the metadata of the new digital content comprises identifying the new digital content based on a geographic location included in the metadata of the new digital content.
[0069] When an advertisement 204 includes a landing page identifier 210, that landing page identifier 210 may be stored in the "landing page for ad" column. Certain landing pages may be blacklisted so that identification of the landing page 212 for an advertisement 204 may be sufficient to characterize the advertisement 204 itself as inappropriate for children. Landing pages 212 that are webpages on the World Wide Web may be characterized by top level domain, geographic location of page owners, and other features.
Regarding claim 19, Jung disclose The non-transitory computer-readable medium of claim 15, wherein the operations further comprise:
determining that the new digital content is suitable to be output by the media device based on preferences of a user associated with the media device.
[0077] FIG. 6 shows an illustrative survey 600 that may be sent to human evaluators 322 by the crowdsourcing module 320.
Regarding claim 20, Freed discloses The non-transitory computer-readable medium of claim 15, wherein the operations further comprise:
storing the fingerprint of the segment in non-persistent memory.
[0035] for the database 204 could be as RAM memory
Claim(s) 2, 3, 9 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freed et al. (US 20150163545 A1)(Freed) and in view of in view of Jung et al. (US 20150161672 A1) (Jung) and in view of Leung et al. (US 20120030698 A)( Leung) and Mannion (US 20210344983 A1).
Regarding claim 2, Freed in view of Jung fails to disclose the wherein the data stream is video on-demand (VOD) content or over-the-top (OTT) content being streamed to the media device from a content server.
in the same field of endeavor, Mannion discloses wherein the data stream is video on-demand (VOD) content or over-the-top (OTT) content being streamed to the media device from a content server.
[0125]-[0127] for The process 400 begins at block 402 where the event detector 204 monitors the network 104 for publications of on-demand media and then the signature generator 210 generates a number (e.g., n) of reference signatures representative of the on-demand media. See also Figs 4-6
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of generating a number reference signatures representative of the detected on-demand media as disclosed by Mannion to the method/system identifying a target video content as disclosed by Freed in view of Jung in order to monitor and calculate the metrics related to the on-demand media.
Regarding claim 9, Freed in view of Jung fails to disclose The system claim 8, wherein the data stream is video on-demand (VOD) content or over-the- top (OTT) content being streamed to the media device from a content server.
in the same field of endeavor, Mannion discloses wherein the data stream is video on-demand (VOD) content or over-the-top (OTT) content being streamed to the media device from a content server.
[0125]-[0127] for The process 400 begins at block 402 where the event detector 204 monitors the network 104 for publications of on-demand media and then the signature generator 210 generates a number (e.g., n) of reference signatures representative of the on-demand media. See also Figs 4-6
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of generating a number reference signatures representative of the detected on-demand media as disclosed by Mannion to the method/system identifying a target video content as disclosed by Freed in view of Jung in order to monitor and calculate the metrics related to the on-demand media.
Regarding claim 16, Freed in view of Jung fails to disclose The non-transitory computer-readable medium of claim 15, wherein the data stream is video on-demand (VOD) content or over-the-top (OTT) content being streamed to the media device from a content server.
in the same field of endeavor, Mannion discloses wherein the data stream is video on-demand (VOD) content or over-the-top (OTT) content being streamed to the media device from a content server.
[0125]-[0127] for The process 400 begins at block 402 where the event detector 204 monitors the network 104 for publications of on-demand media and then the signature generator 210 generates a number (e.g., n) of reference signatures representative of the on-demand media. See also Figs 4-6
Therefore, it would have been obvious to one ordinary skill in the art before the effecting filing date the invention was made to incorporate the system/method of generating a number reference signatures representative of the detected on-demand media as disclosed by Mannion to the method/system identifying a target video content as disclosed by Freed in view of Jung in order to monitor and calculate the metrics related to the on-demand media.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMIRA MONSHI whose telephone number is (571)272-0995. The examiner can normally be reached 8 AM-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John W Miller can be reached at 5712727353. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMIRA MONSHI/Primary Examiner, Art Unit 2422
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