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 .
This action is in response to application 19/017,721 filed 1/12/2025.
Claims 1-20 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Instant Application 19/017,721 independent claims 1, 12, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over independent claims 2, 10, 18 of U.S. Patent No. 12244894 and independent claims 1, 8, 15 of U.S. Patent No. 11812104 in combination with dependent claims (see table below). Instant Application 19/017,721 independent claims 1, 12, 20 are not patentably distinct from independent claims 2, 10, 18 of U.S. Patent No. 12244894 and independent claims 1, 8, 15 of U.S. Patent No. 11812104, the instant claims differ from parent claims only in minor semantic variations (see table below for analysis) that do not constitute a patentably distinct invention, because the underlying technical steps and structure are identical (see table below).
Instant Application 19/017,721
Parent Pat 12244894
Not Patentably Distinct
Independent Claims 1, 12, 20:
obtaining, from a portable meter and via a network, portable meter data, wherein the portable meter is associated with a user at a media presentation environment;
obtaining, from a device meter and via the network, device meter data, wherein the meter device is associated with a media presentation device disposed at the media presentation environment;
determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data;
determining whether the similarity score is above a threshold; and
based on determining whether the similarity score is above the threshold, generating a presence status characterizing a presence of the user at the media presentation environment.
Claim 2
Claim 3
Claim 4
Claim 5
Claim 6
Claim 7
Claim 8
Claim 9
Claim 10
Claim 11
Independent Claims 2, 10, 18:
obtaining, via the audio sensor, an audio sample of a media presentation environment;
obtaining, via the network interface, second media identifying data from a meter device associated with a media presentation device disposed at the media presentation environment;
generating first media identifying data based on the audio sample; and obtaining, via the network interface, second media identifying data from a meter device associated with a media presentation device disposed at the media presentation environment;
generating, based on the first media identifying data and the second media identifying data, a presence status characterizing a presence of a user at the media presentation environment;
generating, based on the first media identifying data and the second media identifying data, a presence status characterizing a presence of a user at the media presentation environment;
Claim 4
Claim 8
Claim 9
Claim 4
Claim 3
Claim 4
Claim 6
Claim 7
Claim 5
Claim 6
Analysis:
.
The portable meter of parent claim includes an audio sensor that obtains an audio sample of the media presentation environment. Obtaining portable meter data via a network in the instant claim corresponds to the same data acquisition performed by the portable meter device in the parent claim.
Both limitations expressly recite obtaining data from a meter device associated with a media presentation device disposed at the media presentation environment. The language is substantively identical.
Determining a similarity score between portable meter data and device meter data in the instant claim corresponds to comparing first and second media identifying data generated and obtained by the parent.
Generating a presence status based on first and second media identifying data requires determining whether similarity between the data satisfies a threshold condition.
Both claims expressly recite generating a presence status characterizing a presence of a user at the media presentation environment using the same functional language
Both claims define potable meter data as media identifying data derived from an audio sample.
Both claims recite prompting the portable meter to obtain an additional audio sample
Both claims specify that the prompt is triggered by a media presentation event.
Both claims define device meter data as media identifying data derived from an audio sample.
Both claims define the presence status as including a numerical presence score.
Both claims limit media identifying data to signatures and/or watermarks.
Both claims define similarity score based on matching signatures or watermarks over time.
Both claims recite augmenting presence status using radio frequency signal characteristics.
Both claims define similarity score determination by comparing signatures in a monitoring interval.
Both claims further define similarity score determination using watermark comparisons.
Instant Application 19/017,721
Parent Pat 11812104
Not Patentably Distinct
Independent Claims 1, 12, 20:
obtaining, from a portable meter and via a network, portable meter data, wherein the portable meter is associated with a user at a media presentation environment;
obtaining, from a device meter and via the network, device meter data, wherein the meter device is associated with a media presentation device disposed at the media presentation environment;
determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data;
determining whether the similarity score is above a threshold; and
based on determining whether the similarity score is above the threshold, generating a presence status characterizing a presence of the user at the media presentation environment.
Claim 2
Claim 3
Claim 4
Claim 5
Claim 6
Claim 7
Claim 8
Claim 9
Claim 10
Claim 11
Independent Claims 1, 8, 15:
media identification circuitry to generate first audio signatures representative of first audio data associated with a monitored media device;
obtain second audio signatures from a portable meter, the second audio signatures generated by the portable meter based on second audio data sensed by a sensor of the portable meter, the second audio signatures to be representative of the second audio data sensed by the portable meter
compare the first audio signatures and the second audio signatures to determine a comparison result;
presence detection circuitry to determine a presence status of a user based on the comparison result;
network communication circuitry to transmit a prompt to the portable meter to cause the sensor of the portable meter to sense the second audio data; and
transmit the presence status to a data processor to perform
audience measurement based on the presence status.
Claim 5
Claim 7
Claim 7
Claim 5
Claim 3, Claim 4
Claim 2
Claim 7
Claim 7
Claim 6
Claim 6
Analysis
Both limitations recite obtaining audio-based identifying information associated with a monitored media device in a media presentation environment.
Both limitations recite obtaining audio-derived identifying data from a portable meter associated with the user.
Both limitations recite comparing audio-derived identifying data from two sources to determine a comparison result reflecting similarity.
Determining a presence status based on comparison result requires determining whether the comparison satisfies a decision criterion.
Parent further recites network-based prompting and transmission of presence status, which corresponds to network-based operations recited in the instant application.
Both claims further limit media identifying data to watermark-based identification.
Both claims recite transmitting a prompt to the portable meter in response to detection of an event associated with the monitored media device.
Both claims specify that the prompt is event-driven based on media presence activity.
Both claims define media identifying data derived from audio samples using watermark detection.
Both claims define presence status outcomes (present or absent) based on whether a comparison result satisfies a threshold.
Both claims augment presence determination using radio frequency signal information in addition to comparison results.
Both claims recite receiving or transmitting a network prompt that causes acquisition of additional audio data.
Both claims further constrain prompting to occur in response to detection of a media-related event.
Both claims define determining multiple comparison results and determining presence status based on those results.
Both claims further specify determining presence status based on multiple comparison results.
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 1-2, 5-8, 10, 12-13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zito et al., Pub No US 2010/0257052 (hereafter Zito) and further in view Koulomzin et al., Pat No US 9,148,742 (hereafter Koulomzin).
Regarding Claim 1, Zito discloses a method comprising:
obtaining, from a portable meter and via a network, portable meter data, wherein the portable meter is associated with a user at a media presentation environment [para.0012: Discloses a mobile client device ("MCD") carried by a user digitally samples the audio environment of the consumer on a regular basis. These samples are transformed into a stream of data signatures and transmitted to a network operations center ("NOC"); and para.0038: Discloses in one embodiment, this transmission takes place via wireless data service provider (element 103) which receive signals from MCD (element 101) and relay the sampled audio data via the Internet (element 105) to one or more data signature stream collection servers (element 107). Thus, disclosing mobile client device carried by a user that collects audio data in the user’s environment and transmits the collected data via a network, which reads on obtaining portable meter data under BRI.];
obtaining, from a device meter and via the network, device meter data, wherein the meter device is associated with a media presentation device disposed at the media presentation environment [para.0043: Discloses media receivers monitor media sources for broadcast candidate media content items (element 121) (also referred to as reference media items). The monitored media sources correspond to media presentation devices, and the monitored reference media items constitute device-associated data obtained via the network under BRI.];
Although Zito discloses a presence of the user at the media presentation environment [ABSTRACT: Discloses a mobile client device carried by a user digitally samples the audio environment of the user on a regular basis. Thus, the user being present in the environment where the audio/media is occurring; and para.0013: Discloses the user's exposure to media content items is tracked and recorded, and can later be aggregated with information about other users so as to provide effective statistical reporting as to overall media exposure and consumption.]. Zito does not explicitly disclose determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data; determining whether the similarity score is above a threshold; and based on determining whether the similarity score is above the threshold, generating a presence status characterizing a presence of the user at the media presentation environment (emphasis added to distinguish the elements not taught by Zito). However, in analogous art, Koulomzin discloses determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data [col.8 lines 46-48: Discloses the fingerprints (the portable meter data and the device meter data) can include respective bit vectors and the bit vectors can be compared to generate the similarity score.]; Koulomzin further discloses determining whether the similarity score is above a threshold [col.8 lines 48-51: Discloses the similarity score can be compared to a threshold similarity score to determine whether the fingerprints are sufficiently similar to be identified as corresponding to the same audio.]; and Koulomzin further discloses based on determining whether the similarity score is above the threshold, generating a presence status characterizing [ col.8 lines 52-57: Discloses a comparison engine determines that the similarity score of any two of the fingerprint signals is greater than the threshold similarity score, the comparison engine determines that the fingerprint signals are sufficiently similar and thus, the audio signals underlying the fingerprints represent the same reference audio. The comparison engine determines that the two or more mobile devices associated with the audio signals are proximate to one another]. Thus, Koulomzin discloses generating a proximity determination based on threshold similarity and Zito disclosed associating the portable device with user exposure in the media environment, together yielding a presence status under BRI. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito with this feature, as taught by Koulomzin in order to yield predictable result such as providing enhanced inference of user co-location in a media environment by applying known signal-comparison decision techniques to existing audio-based audience monitoring systems [Koulomzin: col.8 lines 59-61].
Regarding Claim 2, the combined teachings of Zito and Koulomzin discloses the method of claim 1, Zito further discloses wherein the portable meter data comprises:
first media identifying data that is generated by the portable meter based on a first audio sample of the media presentation environment obtained by an audio sensor associated with the portable meter [para.0012: Discloses a mobile client device ("MCD") carried by a user digitally samples the audio environment of the consumer on a regular basis. These samples are transformed into a stream of data signatures and transmitted to a network operations center ("NOC"). Thus, disclosing generating media identifying data from an audio sample obtained by an audio sensor of a portable device.].
Regarding Claim 5, the combined teachings of Zito and Koulomzin discloses the method of claim 1, Zito further discloses wherein the device meter data comprises:
second media identifying data that is generated based on a device meter audio sample of the media presentation environment obtained by an audio sensor associated with the device meter [para.0043: Discloses media receivers monitor media sources for broadcast candidate media content items … Thus, disclosing device-side media identifying data associated with media presentation devices.].
Regarding Claim 6, the combined teachings of Zito and Koulomzin discloses the method of claim 1, Koulomzin further discloses wherein the presence status comprises:
a presence score that is a numerical value characte1izing the presence of the user at the media presentation environment [col.3 lines 56-57: Discloses a similarity score between the audio fingerprints is generated. A similarity score is a numerical value characterizing presence under BRI.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 7, the combined teachings of Zito and Koulomzin discloses the method of claim 1, Zito further discloses wherein the portable meter data and the device meter data each comprise at least one of: a signature or a watermark [ABSTRACT: Discloses these samples are transformed into a stream of data signatures… Zito explicitly teaches signatures as media identifying data.].
Regarding Claim 8, the combined teachings of Zito and Koulomzin discloses the method of claim 1, Koulomzin further discloses wherein the similarity score specifies a number of signatures or watermarks that match between the portable meter data and the device meter data in a predefined monitoring interval [col.3 lines 48-57: Discloses the fingerprints can be compared to generate the similarity score. Fingerprint comparison yields a similarity score based on matching data.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 10, the combined teachings of Zito and Koulomzin discloses the method of claim 1, Koulomzin further discloses wherein determining the similarity score characterizing the degree of similarity between the portable meter data and the device meter data comprises:
generating a first comparison result by comparing a first signature included in a first monitoring time interval of the portable meter data and a second signature included in the first monitoring time interval of the device meter data [col.2 61-65: Discloses generating a contact list database of people that a user is socially proximate with, the database including time, duration, and location; and associating people with the user that have "checked-in" at a venue the user is located at; and col.3 lines 35-37: Discloses when two or more devices detect substantially the same audio, the two or more devices can be deemed proximate to one another; and col.12 lines 19-22: Discloses the fingerprints of the audio data can be analyzed and compared to determine if the fingerprints match, that is, if the comparison determination is above a threshold. Thus, Koulomzin teaches comparison of signatures within monitoring intervals.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 12, Zito discloses a non-transitory machine readable storage medium [para.0110: Discloses a computer readable storage medium.] comprising instructions that, when executed, cause a processor to perform operations [para(s).0109-0110: Discloses a computer program stored in the computer executed by the computer, also electronic instructions are stored in memory that are processed by the computer.] comprising:
obtaining, from a portable meter and via a network, portable meter data, wherein the portable meter is associated with a user at a media presentation environment [para.0012: Discloses a mobile client device ("MCD") carried by a user digitally samples the audio environment of the consumer on a regular basis. These samples are transformed into a stream of data signatures and transmitted to a network operations center ("NOC"); and para.0038: Discloses in one embodiment, this transmission takes place via wireless data service provider (element 103) which receive signals from MCD (element 101) and relay the sampled audio data via the Internet (element 105) to one or more data signature stream collection servers (element 107). Thus, disclosing mobile client device carried by a user that collects audio data in the user’s environment and transmits the collected data via a network, which reads on obtaining portable meter data under BRI.];
obtaining, from a device meter and via the network, device meter data, wherein the meter device is associated with a media presentation device disposed at the media presentation environment [para.0043: Discloses media receivers monitor media sources for broadcast candidate media content items (element 121) (also referred to as reference media items). The monitored media sources correspond to media presentation devices, and the monitored reference media items constitute device-associated data obtained via the network under BRI.];
Although Zito discloses a presence of the user at the media presentation environment [ABSTRACT: Discloses a mobile client device carried by a user digitally samples the audio environment of the user on a regular basis. Thus, the user being present in the environment where the audio/media is occurring; and para.0013: Discloses the user's exposure to media content items is tracked and recorded, and can later be aggregated with information about other users so as to provide effective statistical reporting as to overall media exposure and consumption.]. Zito does not explicitly disclose determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data; determining whether the similarity score is above a threshold; and based on determining whether the similarity score is above the threshold, generating a presence status characterizing a presence of the user at the media presentation environment (emphasis added to distinguish the elements not taught by Zito). However, in analogous art, Koulomzin discloses determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data [col.8 lines 46-48: Discloses the fingerprints (the portable meter data and the device meter data) can include respective bit vectors and the bit vectors can be compared to generate the similarity score.]; Koulomzin further discloses determining whether the similarity score is above a threshold [col.8 lines 48-51: Discloses the similarity score can be compared to a threshold similarity score to determine whether the fingerprints are sufficiently similar to be identified as corresponding to the same audio.]; and Koulomzin further discloses based on determining whether the similarity score is above the threshold, generating a presence status characterizing [ col.8 lines 52-57: Discloses a comparison engine determines that the similarity score of any two of the fingerprint signals is greater than the threshold similarity score, the comparison engine determines that the fingerprint signals are sufficiently similar and thus, the audio signals underlying the fingerprints represent the same reference audio. The comparison engine determines that the two or more mobile devices associated with the audio signals are proximate to one another]. Thus, Koulomzin discloses generating a proximity determination based on threshold similarity and Zito disclosed associating the portable device with user exposure in the media environment, together yielding a presence status under BRI. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito with this feature, as taught by Koulomzin in order to yield predictable result such as providing enhanced inference of user co-location in a media environment by applying known signal-comparison decision techniques to existing audio-based audience monitoring systems [Koulomzin: col.8 lines 59-61].
Regarding Claim 13, the combined teachings of Zito and Koulomzin discloses the non-transitory machine readable storage medium of claim 12, Zito further discloses wherein the portable meter data comprises:
first media identifying data that is generated by the portable meter based on a first audio sample of the media presentation environment obtained by an audio sensor associated with the portable meter [para.0012: Discloses a mobile client device ("MCD") carried by a user digitally samples the audio environment of the consumer on a regular basis. These samples are transformed into a stream of data signatures and transmitted to a network operations center ("NOC"). Thus, disclosing generating media identifying data from an audio sample obtained by an audio sensor of a portable device.].
Regarding Claim 16, the combined teachings of Zito and Koulomzin discloses the non-transitory machine readable storage medium of claim 12, Zito further discloses wherein the device meter data comprises:
second media identifying data that is generated based on a device meter audio sample of the media presentation environment obtained by an audio sensor associated with the device meter [para.0043: Discloses media receivers monitor media sources for broadcast candidate media content items … Thus, disclosing device-side media identifying data associated with media presentation devices.].
Regarding Claim 17, the combined teachings of Zito and Koulomzin discloses the non-transitory machine readable storage medium of claim 12, Koulomzin further discloses wherein the presence status comprises:
a presence score that is a numerical value characterizing the presence of the user at the media presentation environment [col.3 lines 56-57: Discloses a similarity score between the audio fingerprints is generated. A similarity score is a numerical value characterizing presence under BRI.]. This claim is rejected on the same grounds as claim 12.
Regarding Claim 18, the combined teachings of Zito and Koulomzin discloses the non-transitory machine readable storage medium of claim 12, Zito further discloses wherein the portable meter data and the device meter data each comprise at least one of: a signature or a watermark [ABSTRACT: Discloses these samples are transformed into a stream of data signatures… Zito explicitly teaches signatures as media identifying data.].
Regarding Claim 19, the combined teachings of Zito and Koulomzin discloses the non-transitory machine readable storage medium of claim 12, Koulomzin further discloses wherein the similarity score specifies a number of signatures or watermarks that match between the portable meter data and the device meter data in a predefined monitoring interval [col.3 lines 48-57: Discloses the fingerprints can be compared to generate the similarity score. Fingerprint comparison yields a similarity score based on matching data.]. This claim is rejected on the same grounds as claim 12.
Regarding Claim 20, Zito discloses an audience measurement computing system [para.0103: Discloses a media measurement system.] comprising:
a processor [para(s).0109: Discloses a computer.]; and
a memory storing instructions that, when executed by the processor, cause the audience measurement computing system to perform operations [para(s).0109-0110: Discloses a computer program stored in the computer executed by the computer, also electronic instructions are stored in memory that are processed by the computer.] comprising:
obtaining, from a portable meter and via a network, portable meter data, wherein the portable meter is associated with a user at a media presentation environment [para.0012: Discloses a mobile client device ("MCD") carried by a user digitally samples the audio environment of the consumer on a regular basis. These samples are transformed into a stream of data signatures and transmitted to a network operations center ("NOC"); and para.0038: Discloses in one embodiment, this transmission takes place via wireless data service provider (element 103) which receive signals from MCD (element 101) and relay the sampled audio data via the Internet (element 105) to one or more data signature stream collection servers (element 107). Thus, disclosing mobile client device carried by a user that collects audio data in the user’s environment and transmits the collected data via a network, which reads on obtaining portable meter data under BRI.];
obtaining, from a device meter and via the network, device meter data, wherein the meter device is associated with a media presentation device disposed at the media presentation environment [para.0043: Discloses media receivers monitor media sources for broadcast candidate media content items (element 121) (also referred to as reference media items). The monitored media sources correspond to media presentation devices, and the monitored reference media items constitute device-associated data obtained via the network under BRI.];
Although Zito discloses a presence of the user at the media presentation environment [ABSTRACT: Discloses a mobile client device carried by a user digitally samples the audio environment of the user on a regular basis. Thus, the user being present in the environment where the audio/media is occurring; and para.0013: Discloses the user's exposure to media content items is tracked and recorded, and can later be aggregated with information about other users so as to provide effective statistical reporting as to overall media exposure and consumption.]. Zito does not explicitly disclose determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data; determining whether the similarity score is above a threshold; and based on determining whether the similarity score is above the threshold, generating a presence status characterizing a presence of the user at the media presentation environment (emphasis added to distinguish the elements not taught by Zito). However, in analogous art, Koulomzin discloses determining a similarity score characterizing a degree of similarity between the portable meter data and the device meter data [col.8 lines 46-48: Discloses the fingerprints (the portable meter data and the device meter data) can include respective bit vectors and the bit vectors can be compared to generate the similarity score.]; Koulomzin further discloses determining whether the similarity score is above a threshold [col.8 lines 48-51: Discloses the similarity score can be compared to a threshold similarity score to determine whether the fingerprints are sufficiently similar to be identified as corresponding to the same audio.]; and Koulomzin further discloses based on determining whether the similarity score is above the threshold, generating a presence status characterizing [ col.8 lines 52-57: Discloses a comparison engine determines that the similarity score of any two of the fingerprint signals is greater than the threshold similarity score, the comparison engine determines that the fingerprint signals are sufficiently similar and thus, the audio signals underlying the fingerprints represent the same reference audio. The comparison engine determines that the two or more mobile devices associated with the audio signals are proximate to one another]. Thus, Koulomzin discloses generating a proximity determination based on threshold similarity and Zito disclosed associating the portable device with user exposure in the media environment, together yielding a presence status under BRI. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito with this feature, as taught by Koulomzin in order to yield predictable result such as providing enhanced inference of user co-location in a media environment by applying known signal-comparison decision techniques to existing audio-based audience monitoring systems [Koulomzin: col.8 lines 59-61].
Claims 3-4 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zito et al., Pub No US 2010/0257052 (hereafter Zito) and further in view Koulomzin et al., Pat No US 9,148,742 (hereafter Koulomzin) and further in view Mears et al., Pat No US 8,225,342 (hereafter Mears).
Regarding Claim 3, the combined teachings of Zito and Koulomzin discloses the method of claim 2, the combination does not explicitly disclose wherein the method further comprises: transmitting, via the network, a prompt to the portable meter; and in response to the prompt, causing the audio sensor to obtain a second audio sample of the media presentation environment. However, in analogous art, Mears discloses based on any number of triggers, including, for example a channel change or an elapsed period of time, the people meter prompts the household viewers to input information by depressing one of a set of buttons each of which is assigned to represent a different household member (col.1 lines 60-64). This teaches transmitting a prompt that causes additional sampling by the portable meter. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito and Koulomzin with this feature, as taught by Mears in order to yield predictable result of improved audience monitoring (Mears: col.1 lines 60-62).
Regarding Claim 4, the combined teachings of Zito and Koulomzin discloses the method of claim 3, the combination does not explicitly disclose wherein transmitting, via the network, the prompt to the portable meter is in response to an event associated with a media presentation being presented by the media presentation device at the media presentation environment. However, in analogous art, Mears discloses based on any number of triggers, including, for example a channel change (col.1 lines 60-64). A channel change is an event associated with a media presentation that triggers the prompt. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito and Koulomzin with this feature, as taught by Mears in order to yield predictable result of improved audience monitoring (Mears: col.1 lines 60-62).
Regarding Claim 14, the combined teachings of Zito and Koulomzin discloses the non-transitory machine readable storage medium of claim 13, the combination does not explicitly disclose wherein the operations further comprise:
transmitting, via the network, a prompt to the portable meter; and in response to the prompt, causing the audio sensor to obtain a second audio sample of the media presentation environment. However, in analogous art, Mears discloses based on any number of triggers, including, for example a channel change or an elapsed period of time, the people meter prompts the household viewers to input information by depressing one of a set of buttons each of which is assigned to represent a different household member (col.1 lines 60-64). This teaches transmitting a prompt that causes additional sampling by the portable meter. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito and Koulomzin with this feature, as taught by Mears in order to yield predictable result of improved audience monitoring (Mears: col.1 lines 60-62).
Regarding Claim 15, the combined teachings of Zito and Koulomzin discloses the non-transitory machine readable storage medium of claim 14, the combination does not explicitly disclose wherein transmitting, via the network, the prompt to the portable meter is in response to an event associated with a media presentation being presented by the media presentation device at the media presentation environment. However, in analogous art, Mears discloses based on any number of triggers, including, for example a channel change (col.1 lines 60-64). A channel change is an event associated with a media presentation that triggers the prompt. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito and Koulomzin with this feature, as taught by Mears in order to yield predictable result of improved audience monitoring (Mears: col.1 lines 60-62).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zito et al., Pub No US 2010/0257052 (hereafter Zito) and further in view Koulomzin et al., Pat No US 9,148,742 (hereafter Koulomzin) and further in view Schuster et al., Pat No US 7,460,827 (hereafter Schuster).
Regarding Claim 9, the combined teachings of Zito and Koulomzin discloses the method of claim 1, the combination does not explicitly disclose further comprising: augmenting the presence status based on characteristics of radio frequency signals that are received by the portable meter from the device meter. However, in analogous art, Schuster discloses if the portable people meter is not within range, the base station will not receive the RF signal (col.4, lines 16-19). RF signal characteristics are used to augment presence determination. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito and Koulomzin with this feature, as taught by Schuster in order to yield predictable result of improved determination of whether a user is present within a media environment using RF proximity information to supplement audience measurement data (Schuster: col.4, lines 16-19).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Zito et al., Pub No US 2010/0257052 (hereafter Zito) and further in view Koulomzin et al., Pat No US 9,148,742 (hereafter Koulomzin) and further in view Jain et al., Pub No US 2010/0268573 (hereafter Jain).
Regarding Claim 11, the combined teachings of Zito and Koulomzin discloses the method of claim 10, the combination does not explicitly disclose wherein determining the similarity score characterizing the degree of similarity between the portable meter data and the device meter data further comprises: generating a second comparison result by comparing a first watermark included in a second monitoring time interval of the portable meter data and a second watermark included in the second monitoring time interval of the device meter data. However, in analogous art, Jain discloses techniques such as "watermarking" have been known in the art for incorporating information signals into media signals {para.0003]. Discloses CBET is an encoding technique that embeds identifying information (ID code) within the audio portion of a broadcast in a manner that makes the ID code inaudible [para.0005]. The encoded audio stream would preferably repeat at predetermined time periods [para.0021]. When a sufficient quantity of code components is detected, the information signal itself may be recovered. Thus, Jain teaches embedding audio watermarks in broadcast audio, repeatedly detecting those watermarks over predetermined time intervals, and producing a detection or recovery result based on the detection watermark components, which reads on generating a second comparison result under BRI. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Zito and Koulomzin with this feature, as taught by Jain in order to yield predictable result of improved identification of media exposure by applying known audio watermark detection techniques across repeated monitoring intervals to refine comparison outcomes [Jain: para.0005].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Simon Michael Rowe (US 2016/0241910) – Discloses measurement of an audience of content. A measurement device may be installed proximate to a media device. Identifications may be retrieved via embedded audio or video watermarks and timestamps to determine that a panel member was present when the media content was output [para.0023-0024].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADIL OCAK whose telephone number is (571) 272-2774. The examiner can normally be reached on M-F 8:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached on 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system; contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADIL OCAK/Primary Examiner, Art Unit 2426