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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 19 December 2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Examiner’s Notes
The Examiner notes that the Power of Attorney filed on 04 March 2025 was not accepted (see Notice Regarding Power of Attorney mailed out on 11 March 2025). The Examiner highly recommends filing a corrected Power of Attorney.
Election/Restrictions
Applicant’s election without traverse of the Species of Fig. 4 in the reply filed on 29 April 2026 is acknowledged.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 29 April 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Instant Spec. pg. 13 refers to ‘trigger event detector 34’ where such a reference sign is not in the Figures. (It is noted such a ‘trigger event detector’ is labeled in Figure 2 but no corresponding reference number is included)
Instant Spec. pg. 13 refers to ‘trigger events 42’ and ‘placement interval 44’ where such a reference signs are not in the Figure 3
Instant Spec. pg. 13 refers to ‘secondary content selection unit 36’ where such a reference sign is not in the Figures. (It is noted a ‘secondary content selection’ is labeled in Figure 2 but no corresponding reference number is included)
Instant Spec. pg. 14 refers to ‘stitching unit 38’ (It is noted a ‘stitching unit’ is labeled in Figure 2 but no corresponding reference number is included)
Instant Spec. pgs. 16-18 refers to various steps in Figures 4 and 5 by reference signs S1-S6 and S10-16 respectively. Although there are corresponding labels on the flowcharts of the figures that align with the descriptions in the Specification, the reference signs used in the Specification do not appear in the Figures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 7, and 11 rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 8,611,428 B1) (hereinafter Huang), in view of Shetty (US 9,973,830 B1) (hereinafter Shetty).
Regarding Claim 1, Huang discloses a system for generating a linear video stream and displaying the linear video stream on a user's audio-video-device, [Figs. 1-2, 9]
said system comprising one or more audio-video-device, each audio-video-device [Figs. 1-2; col. 2, lines 7-65: system providing multimedia streaming to multiple client devices 22 or computers 23 via a variety of networks; col. 3, lines 36-48: mobile devices 22 may be any suitable computing device including processors, memory, display, user interface, mechanisms to exchange data, as well as a multimedia player; col. 4, lines 10-15: multimedia content includes video and audio streams synchronized at the media stream client] comprising
- at least a display for displaying content of the linear video stream, [col. 3, lines 36-48: mobile devices 22 may be any suitable computing device including processors, memory, display, user interface, mechanisms to exchange data, as well as a multimedia player (it would be inferably obvious that the content may be output through the display. See MPEP 2144.01)]
- a user interface that is configured for receiving user interactions, said user interaction at least comprising interactions for controlling playback of the linear video stream [col. 3, lines 36-48: mobile devices 22 may be any suitable computing device including processors, memory, display, user interface, mechanisms to exchange data, as well as a multimedia player; col. 15, lines 40-49: system allows for client-generated commands such as pause and play]
- a bidirectional data interface for receiving the linear video stream and for sending out data representing user interactions entered by a user via the user interface [Fig. 2-3; col. 3, lines 36-48: mobile devices 22 may be any suitable computing device including processors, memory, display, user interface, mechanisms to exchange data, as well as a multimedia player; col. 4, lines 18-32: client transmits content request to server 64 which establishes a streaming session with the client; (where it would inferably obvious that a user may make selections for desired content via the user interface, etc. See MPEP 2144.01)]
wherein the linear video stream is composed of main sections and intermediate sections, [Fig. 9; col. 4, lines 41-58: multimedia stream with targeted streaming content TC (i.e., main section) with various inserted ad content A1, A2, A3 (i.e., intermediate sections) inserted within the stream (it would be implicitly understood that any number of sucks interstitial ads may be inserted into the content TC)]
said main sections being defined by primary content that is provided by a primary content server said intermediate sections being interleaved between sub-sections of the main section, thus interrupting the main section for a period of time, [Figs. 1-2, 9; col. 4, lines 7-32: main content provided by content servers 42, and ads provided by ad servers 62; col. 4, lines 41-58: multimedia stream with targeted streaming content TC (i.e., main section) with various inserted ad content A1, A2, A3 (i.e., intermediate sections) inserted within the stream (it would be implicitly understood that any number of sucks interstitial ads may be inserted into the content TC)]
said intermediate sections being defined by secondary content that is provided by a plurality of different secondary content servers [Figs. 1-2; col. 2, lines 7-18: system 60 may include one or more ad streaming servers 62; col. 4, lines 7-32: main content provided by content servers 42, and ads provided by ad servers 62]
said linear video stream being generated by a video stream composer that can access the primary content server and the plurality of different secondary content servers and that generates a continuous linear video stream comprised of a) one or more main sections that are divided in sub-sections and b) intermediate sections that are interleaved between the sub-sections of the main sections; [Figs. 2-3, 9; col. 2, lines 7-18: system 60 may include one or more ad streaming servers 62; col. 4, lines 7-58: insertion server 64 (i.e., stream composer) may establish sessions with content server 42 (primary content server) and ad server 62 (secondary content server) to transparently combine the streams according to an insertion plan]
said video stream composer being configured to interrupt streaming of the primary content received from the primary content server for seamlessly streaming secondary content in case [Figs. 2-3, 57, 9; col. 2, lines 7-18: system 60 may include one or more ad streaming servers 62; col. 4, lines 7-58: insertion server 64 (i.e., stream composer) may establish sessions with content server 42 (primary content server) and ad server 62 (secondary content server) to transparently combine the streams according to an insertion plan]
- a predetermined trigger event occurs or is detected in the streamed primary content [Figs. 2-3, 5-7, 9; col. 2, lines 7-18: system 60 may include one or more ad streaming servers 62; col. 4, lines 7-58: insertion server 64 (i.e., stream composer) may establish sessions with content server 42 (primary content server) and ad server 62 (secondary content server) to transparently combine the streams according to an insertion plan (i.e., trigger event)] and
- one of the secondary content servers provides content to be streamed during the interruption of the main video stream section, [Figs. 2-3, 5-7, 9; col. 2, lines 7-18: system 60 may include one or more ad streaming servers 62; col. 4, lines 7-58: insertion server 64 (i.e., stream composer) may establish sessions with content server 42 (primary content server) and ad server 62 (secondary content server) to transparently combine the streams according to an insertion plan (i.e., trigger event)]
said video stream composer being configured
- to trigger a pre-placement interval anteceding a predetermined trigger event in the streamed primary content [Figs. 2-3, 5-7, 9; col. 5, line 50 – col. 6, line 48: system determines a time period near the end of a current section (i.e., some interval of time prior to the trigger to switch sources is determined) at which point the server 64 begins setting up connectivity with the next streaming source according to the insertion plan]
- to access a first secondary content server for providing event class information to the first secondary content server and fetching secondary content information from the first secondary content server and for waiting for a response from the first secondary content server [Figs. 2-3, 5-7, 9; col. 3, line 49 – col. 4, line 5: insertion system may be operative to identify ads for insertion, such as by targeting user profiles; col. 4, lines 41-66: where DESCRIBE requests to content and ad servers contain information about the requested streams, including files types, supported codecs, etc. (i.e., event class information); col. 5, line 50 – col. 6, line 48: system determines a time period near the end of a current section (i.e., some interval of time prior to the trigger to switch sources is determined) at which point the server 64 begins setting up connectivity with the next streaming source according to the insertion plan, where such processes include sending SETUP command messages and responses] and
- to trigger streaming secondary content according to secondary content information received from the first secondary content server, in case a positive response containing secondary content information from the first secondary content server was received, or streaming secondary content according to secondary content information received from the second secondary content server, in case a negative or no response from the first secondary content server was received but a positive response from the second secondary content server was received or not to interrupt and thus continuing streaming of the primary content in case a negative or no response from the first secondary content server and a negative or no response from the second secondary content server or any further secondary content server was received. [Figs. 2-3, 5-7, 9; col. 5, lines 34 – col. 6, line 19: where once SETUP is completed and insertion point occurs (i.e., trigger event) content from content server 42 is paused, and content from ad server 62 is streamed to the client (NOTE: it is noted that the use of the disjunctive ‘or’ renders the alternative options of this limitation to be optionally required under BRI and as such, are not strictly required to be performed. See MPEP 2111.04)]
Huang fail to explicitly disclose in case a negative or no response is received from the first secondary content server, to access a second secondary content server for providing event class information to the second secondary content server and fetching secondary content from the second secondary content server and for waiting for a response from the second secondary content server.
Shetty, in analogous art, teaches in case a negative or no response is received from the first secondary content server, to access a second secondary content server for providing event class information to the second secondary content server and fetching secondary content from the second secondary content server and for waiting for a response from the second secondary content server. [col. 4, lines 26-48: when cue to insert an ad is reached (such as the insertion points of Huang above), a request for advertisement may be sent to ad servers, which may be a Primary ad server; col. 5- lines 12-32: where request for ad may describe the media content for playback, including linear ads, ad pods, non-linear ads, etc.; Clms. 3, 11, 19: where if a first ad server cannot satisfy a request (i.e., a negative response or no response is received by the first ad server) the request may be redirected to a second ad server for requesting the desired advertisement]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Huang with the teachings of Shetty to access a second server if a first server responds negatively (or not at all) to a request for content as it is readily understood that a request for content from one ad server may be redirected to another ad server if the first server cannot satisfy a particular request. [Shetty – col. 5, lines 33-51; Clms. 3, 11, 19]
Regarding Claim 4, Huang and Shetty disclose all of the limitations of Claim 1, which are analyzed as previously discussed with respect to that claim.
Furthermore, Huang and Shetty disclose wherein the predetermined trigger events are categorized in different event classes. [Huang – col. 4, lines 44-58: ad content to be inserted may be a pre-roll, mid-roll, or post-roll ad (i.e., event class); Shetty – col. 4, lines 26-33: cues for inserting an ad during content playback may comprise pre-roll, mid-roll, or post-roll ads; col. 5- lines 12-32: where request for ad may describe the media content for playback, including linear ads, ad pods, non-linear ads, etc.]
Regarding Claim 7, Huang and Shetty disclose all of the limitations of Claim 1, which are analyzed as previously discussed with respect to that claim.
Furthermore, Huang and Shetty disclose wherein the secondary content information provided with a positive response from a secondary content server comprises a content identifier identifying an individual secondary content to be place in the placement interval defining the respective intermediate section of the linear video stream. [Huang - Figs. 2-3, 5-7, 9; col. 4, line 61 – col. 5, line 18: DESCRIBE responses contain information about the media streams to be inserted; col ; Shetty – col. 4, lines 26-48: when cue to insert an ad is reached (such as the insertion points of Huang above), a request for advertisement may be sent to ad servers, which may be a Primary ad server; ; col. 5- lines 12-32: where request for ad may describe the media content for playback, including linear ads, ad pods, non-linear ads, etc.]
Regarding Claim 11, Claim 11 recites a method that performs the functions of the system of Claim 1. As such, Claim 11 is analyzed and rejected similarly as Claim 1, mutatis mutandis.
Claim(s) 2-3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Shetty as applied to claims 1 and 11, respectively, above, and further in view of Nihei et al. (US 2024/0373073 A1) (hereinafter Nihei).
Regarding Claim 2, Huang and Shetty disclose all of the limitations of Claim 1, which are analyzed as previously discussed with respect to that claim.
Huang and Shetty fail to explicitly disclose wherein the video stream composer comprises a trigger event detector that receives the streamed primary content and that is configured to detect trigger events in the streamed primary content.
Nihei, in analogous art, teaches wherein the video stream composer comprises a trigger event detector that receives the streamed primary content and that is configured to detect trigger events in the streamed primary content. [Figs. 1-3; 00010-14, 0017-18, 0035-36, 0044, 0067: AI system may receive media content and analyze the received content to evaluate and determine candidate ad-insertion points and ultimately output ; 0023: platform 102 may correspond to a computer server supporting the network (such as the server of Huang and Shetty above)]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Huang and Shetty with the teachings of Nihei to include a trigger event detector to detect trigger events in a received streamed content in order to leverage artificial intelligence systems to identify ad-breaks in media content predicted to be minimally disruptive to the viewing experience. [Nihei – 0003, 0010]
Regarding Claim 3, Huang, Shetty, and Nihei disclose all of the limitations of Claim 2, which are analyzed as previously discussed with respect to that claim.
Furthermore, Nihei discloses wherein the trigger event detector comprises a trained neural network that is a classifier being trained with training data representing trigger events. [Nihei – 0013-14, 0069: machine learning models may be trained models and can include neural networks trained as classifiers]
Regarding Claim 12, Huang and Shetty disclose all of the limitations of Claim 11, which are analyzed as previously discussed with respect to that claim.
Furthermore, Claim 12 recites nearly identical limitations as Claim 3 and is rejected similarly as that claim.
Claim(s) 5-6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Shetty as applied to claims 1 and 11, respectively above, and further in view of Do (GB 2477643 A) (hereinafter Do)
Regarding Claim 5, Huang and Shetty disclose all of the limitations of Claim 1, which are analyzed as previously discussed with respect to that claim.
Huang and Shetty fail to explicitly disclose wherein a sequence of accessing the secondary media content servers during the pre-placement interval is defined by settings stored in the video stream composer.
Do, in analogous art, teaches wherein a sequence of accessing the secondary media content servers during the pre-placement interval is defined by settings stored in the video stream composer. [Figs. 3, 5; pg. 1, lines 26-31; pg. 13, line 25 - pg. 14, line 30; pgs. 18-19: wherein redirect servers (such as the stream composer server of Huang and Shetty above) may follow rules/algorithms for determining to which server to direct a content request according to a variety of different metrics and orders]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Huang and Shetty with the teachings of Do to define a sequence of accessing secondary media content servers in order to provide load-balancing algorithms so as to not overload any individual server. [Do – pg. 1, lines 26-31]
Regarding Claim 6, Huang, Shetty, and Do disclose all of the limitations of Claim 5, which are analyzed as previously discussed with respect to that claim.
Furthermore, Do discloses wherein at least two different sequences of accessing the secondary media content servers during the pre- placement interval are defined by settings stored in the video stream composer and wherein the video stream composer is configured to apply the sequences alternatingly according to a ratio that is also defined by the settings stored in the video stream composer. [Do – pg. 1, lines 26-31: load balancing algorithms may include a round-robin allocation which picks servers on a rotating basis]
Regarding Claim 13, Huang and Shetty disclose all of the limitations of Claim 11, which are analyzed as previously discussed with respect to that claim.
Furthermore, Claim 13 recites similar limitations as Claim 6 and is rejected similarly as that claim.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Shetty as applied to claim 1 above, and further in view of Ruffini et al. (US 2016/0080815 A1) (hereinafter Ruffini).
Regarding Claim 8, Huang and Shetty disclose all of the limitations of Claim 1, which are analyzed as previously discussed with respect to that claim.
Huang and Shetty fail to explicitly disclose wherein the primary content forms a curated channel and wherein the curated channel is configured to be displayed in an electronic program guide of a client AV device.
Ruffini, in analogous art, teaches wherein the primary content forms a curated channel and wherein the curated channel is configured to be displayed in an electronic program guide of a client AV device. [Figs. 1-2, 7; 0014-16: personal channel may be managed and generated to user criteria/tastes, creating a channel schedule of programming from a variety of sources, such as live linear broadcast, etc.; 0022: delivery system may include streaming servers, etc.]
It would have been obvious to one of ordinary skill in the art prior to the filing date of the invention to modify the system of Huang and Shetty with the teachings of Ruffini to specify the primary content being from a curated channel as it is understood personalized channels may be generated in an aggregation platform to configure and provide users personalized content schedules from multiple sources and for multiple types of content. [Ruffini – 0012]
Regarding Claim 9, Huang and Shetty disclose all of the limitations of Claim 1, which are analyzed as previously discussed with respect to that claim.
Furthermore, Ruffini discloses wherein the primary content forms a curated channel comprises primary content representing a live event. [Ruffini – Figs. 1-2, 7; 0014-16: personal channel may be managed and generated to user criteria/tastes, creating a channel schedule of programming from a variety of sources, such as live linear broadcast, etc.; 0022: delivery system may include streaming servers, etc.; 0074: content may be live web-based content; 0084: content may be a live MLB game]
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM J KIM whose telephone number is (571)272-2767. The examiner can normally be reached 9:30am - 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hadi Armouche can be reached at (571) 270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM J KIM/Primary Examiner, Art Unit 2409
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