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, 6-8, 13-15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freed et al. (US 20150163545 A1) (Freed) in view of Leung et al. (US 20120030698 A) (Leung).
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 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 discloses the restricted digital content is based on parental restrictions for advertisements
In the same field of endeavor, Leung discloses the restricted digital content is based on parental restrictions for advertisements
[0007] for an Internet advertising enabled game for kids, parents upon installation use parental controls to restrict the ad content that is received. For instance, the parent activates filters to prevent the downloading of inappropriately categorized ad
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 restricted digital content as disclosed by Leung to the method/system identifying a target video content as disclosed by Freed in order to monitor and calculate the metrics related to the on-demand media prevent the downloading of inappropriately categorized ad content.
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 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 wherein the restricted digital content is based on parental restrictions for advertisements
In the same field of endeavor, Leung discloses wherein the restricted digital content is based on parental restrictions for advertisements
[0007] for an Internet advertising enabled game for kids, parents upon installation use parental controls to restrict the ad content that is received. For instance, the parent activates filters to prevent the downloading of inappropriately categorized ad
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 restricted digital content as disclosed by Leung to the method/system identifying a target video content as disclosed by Freed in order to monitor and calculate the metrics related to the on-demand media prevent the downloading of inappropriately categorized ad content.
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 wherein the metadata comprises a suitable age; and
In the same field of endeavor, Leung discloses wherein the metadata comprises a suitable age;
[0007] for an Internet advertising enabled game for kids, parents upon installation use parental controls to restrict the ad content that is received. For instance, the parent activates filters to prevent the downloading of inappropriately categorized ad
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 restricted digital content as disclosed by Leung to the method/system identifying a target video content as disclosed by Freed in order to monitor and calculate the metrics related to the on-demand media prevent the downloading of inappropriately categorized ad content.
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, 10,16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freed et al. (US 20150163545 A1)(Freed) in view of Leung et al. (US 20120030698 A)( Leung) and Mannion (US 20210344983 A1).
Regarding claim 2, Freed in view of Leung 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 Leung in order to monitor and calculate the metrics related to the on-demand media.
Regarding claim 3, of Freed in view of Leung fails to disclose wherein the new digital content includes a uniform resource locator (URL) to the digital content.
in the same field of endeavor , Mannion Mannion discloses wherein the new digital content includes a uniform resource locator (URL) to the digital content.
[0037] In the illustrated example of FIG. 1, the on-demand media monitor 114 can identify when an end-user downloads on-demand media via RSS redirects. For example, the on-demand media monitor 114 can augment one or more URLs associated with RSS feeds with a prefix URL to redirect download requests to the on-demand media monitor 114.
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 augmenting one or more URLs associated with RSS feeds with a prefix URL as disclosed by Mannion to the method/system the system/method of identifying target video content as disclosed by Freed in view of Leung to redirect download requests to the on-demand media monitor 114.
Regarding claim 9, Freed in view of Leung fails to disclose the 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 Leung in order to monitor and calculate the metrics related to the on-demand media.
Regarding claim 10, Freed in view of Leung fails to disclose the The system claim 8, wherein the new digital content includes a uniform resource locator (URL) to the digital content.
in the same field of endeavor, Mannion wherein the new digital content includes a uniform resource locator (URL) to the digital content.
[0016] Some prior audience measurement systems that monitor on-demand media utilize techniques based on monitoring server logs or relying on redirect services to identify downloads of the on-demand media. For example, podcasters, other on-demand media providers, and/or, more generally, content creators, distribute content via really simple syndication (RSS) feeds. RSS feeds include universal resource locators (URLs
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 identifying target video content as disclosed by Mannion to the method/system to monitor on-demand media as disclosed by Freed in view of Leung to monitor on-demand media.
Regarding claim 16, Freed in view of Leung fails to disclose the 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, 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 Leung in order to monitor and calculate the metrics related to the on-demand media.
Regarding claim 17, Freed in view of Leung fails to disclose the The non-transitory computer-readable medium of claim 15, wherein the new digital content includes a uniform resource locator (URL) to the digital content.
in the same field of endeavor , Mannion wherein the new digital content includes a uniform resource locator (URL) to the digital content.
[0037] In the illustrated example of FIG. 1, the on-demand media monitor 114 can identify when an end-user downloads on-demand media via RSS redirects. For example, the on-demand media monitor 114 can augment one or more URLs associated with RSS feeds with a prefix URL to redirect download requests to the on-demand media monitor 114.
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 augmenting one or more URLs associated with RSS feeds with a prefix URL as disclosed by Mannion to the method/system the system/method of identifying target video content as disclosed by Freed in view of Leung to redirect download requests to the on-demand media monitor 114.
Claim(s) 4, 5, 11, 12, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freed et al. (US 20150163545 A1)(Freed) in view of Leung et al. (US 20120030698 A)( Leung) and Major US 20200169773 A1.
Regarding claim 4, Freed in view of Leung fails to disclose 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.
in the same field of endeavor , Major discloses 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.
[0051] Ads can be replaced with other ads based upon the time or place or user preferences, demographic information (e.g., gender, socioeconomic status, etc.) and/or any other factors desired.
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 replacing the ad based upon the time or place where playback occurs as disclosed by Major to the method/system a method of operating a video services receiver as disclosed by Freed in view of Leung in order to determine whether the ad is relevant to the geographic location.
Regarding claim 5, Freed in view of Leung fails to disclose 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.
in the same field of endeavor , Major discloses 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.
[0051] Ads can be replaced with other ads based upon the time or place or user preferences, demographic information (e.g., gender, socioeconomic status, etc.) and/or any other factors desired.
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 replacing the ad based upon the time or place where playback occurs as disclosed by Major to the method/system a method of operating a video services receiver as disclosed by Freed in view of Leung in order to determine whether the ad is relevant to the geographic location.
Regarding claim 11, Freed in view of Leung fails to disclose 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.
in the same field of endeavor , Major discloses 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.
[0051] Ads can be replaced with other ads based upon the time or place or user preferences, demographic information (e.g., gender, socioeconomic status, etc.) and/or any other factors desired.
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 replacing the ad based upon the time or place where playback occurs as disclosed by Major to the method/system a method of operating a video services receiver as disclosed by Freed in view of Leung in order to determine whether the ad is relevant to the geographic location.
Regarding claim 12, Freed in view of Leung fails to disclose 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.
in the same field of endeavor , Major discloses 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.
[0051] Ads can be replaced with other ads based upon the time or place or user preferences, demographic information (e.g., gender, socioeconomic status, etc.) and/or any other factors desired.
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 replacing the ad based upon the time or place where playback occurs as disclosed by Major to the method/system a method of operating a video services receiver as disclosed by Freed in view of Leung in order to determine whether the ad is relevant to the geographic location.
Regarding claim 18, Freed in view of Leung fails to disclose 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.
in the same field of endeavor , Major discloses 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.
[0051] Ads can be replaced with other ads based upon the time or place or user preferences, demographic information (e.g., gender, socioeconomic status, etc.) and/or any other factors desired.
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 replacing the ad based upon the time or place where playback occurs as disclosed by Major to the method/system a method of operating a video services receiver as disclosed by Freed in view of Leung in order to determine whether the ad is relevant to the geographic location.
Regarding claim 19, Freed in view of Leung fails to 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.
in the same field of endeavor , Major discloses 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.
[0051] Ads can be replaced with other ads based upon the time or place or user preferences, demographic information (e.g., gender, socioeconomic status, etc.) and/or any other factors desired.
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 replacing the ad based upon the time or place where playback occurs as disclosed by Major to the method/system a method of operating a video services receiver as disclosed by Freed in view of Leung in order to determine whether the ad is relevant to the geographic location.
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 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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