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 Amendment
The Amendment filed 6/11/206 has been entered.
Claim Status
Claims 1-20 are pending in this Office Action.
Claims 1-2, 5-6, 9-11, 13-15, and 17-20 are amended.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 14 have been considered but, are moot in view of the new ground(s) of rejection.
Potentially Allowable Subject Matter
While a determination of allowability would require further search, the subject matter described in paragraph 107 regarding predicting a number of content slots based on the number of pauses the user usually takes before the user finishes a video content item appears to distinguish at least over the art of record and may be allowable if it were incorporated into the claims, such as claim 13.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6-14, and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Basavarajappa (US 2024/0196054).
Regarding claims 1 and 14, Basavarajappa teaches: A method, performed by a server in communication with a user device via a network, and a server, [(par. 18 and 53, Fig. 1 and 2)] the method comprising:
receiving one or more signals including a signal indicative of an action or an inaction of a user of the user device during a first pause event [monitoring and analyzing viewer interactions with supplemental content during a pause (par. 19, 29-33, and 56, Fig. 1 and 2)]
determining whether to present any supplemental content item during a second pause event based on the signal indicative of the action or the inaction of the user during the first pause event [After block 212, process 200 loops to decision block 204 where a determination is made whether to provide supplemental content to the viewer when the primary content is to be paused, which may be a second pause. This is “based on” receiving the monitored viewer interactions (par. 18-19, 27-28, 34, 55, and 57, Fig. 1-3)] and
based on the determining, causing the user device to: responsive to detecting an indication of the second pause event while a video content item is presented in a video player on a display associated with the user device, present on the display one or more supplemental content items with the paused video content item [If the primary video content, presented in a video display interface, is to be paused and supplemental content is to be provided to the viewer, supplemental content is selected for the viewer based on supplemental-content analytics for the viewer, how the viewer previously interacted with supplemental content is used to select the next supplemental content to provide to the viewer, and one or more pieces of supplemental content is provided to the viewer and is output to the viewer while the primary video content is paused, along with the primary content (par. 18-19, 28-29, and 52, Fig. 1-2)].
Regarding claim 6, Basavarajappa teaches the method of claim 1; Basavarajappa further teaches: the one or more signals include at least one of (i) one or more characteristics of a sponsor of at least one of the one or more supplemental content items, (ii) one or more characteristics of at least one of the one or more supplemental content items, (iii) one or more characteristics of a user of the user device, (iv) one or more behaviors of the user, or (v) one or more characteristics of the video content item [information about supplemental content, such as duration (par. 40). viewer interactions, such as if the viewer completely viewed the supplemental content, if the viewer attempted to skip or fast forward through the supplemental content, etc. (par. 31). the types or categories of supplemental content the viewer is willing to watch (par. 32). receiving data that may include metadata, program name (par. 22)].
Regarding claim 7, Basavarajappa teaches the method of claim 1; Basavarajappa further teaches: the one or more signals include at least one of (i) an interest of a sponsor in at least one of the one or more supplemental content items, (ii) a number limitation of supplemental content items, or (iii) one or more characteristics of the user device [a maximum total supplemental content duration or maximum individual supplemental content duration (par. 37-38)].
Regarding claim 8, Basavarajappa teaches the method of claim 7; Basavarajappa further teaches: the one or more signals include at least one signal based on the number limitation, and wherein the method further comprises determining the number limitation based on at least one of (i) one or more characteristics of a sponsor of one or more supplemental content items, (ii) one or more characteristics of one or more supplemental content items, (iii) one or more characteristics of the user, (iv) one or more behaviors of the user, or (v) one or more characteristics of the video content item [the maximum total supplemental content duration and maximum individual supplemental content duration are based on the supplemental content analytics based on direct or indirect interactions the viewer had with previous-provided supplemental content. The maximum supplemental content duration is used for selection of supplemental content (par. 36-38)].
Regarding claims 9 and 18, Basavarajappa teaches the method of claim 1; Basavarajappa further teaches: selecting a supplemental content item from supplemental content items that were displayed on the user device during the first pause event, a pause event before the first pause event, or a previous scheduled break event; and causing the user device to, responsive to detecting the indication of the second pause event, present an indication of the supplemental content item during the second pause event [the supplemental content is selected based on a previous positive interaction by the viewer with the same or similar supplemental content and is presented to the viewer while the primary content is paused (par. 28-29, 42, and 45)].
Regarding claims 10 and 19, Basavarajappa teaches the method of claim 1; Basavarajappa further teaches: determining a supplemental content item to be presented in a future pause event or a future scheduled break event; and causing the user device to, responsive to detecting the indication of the second pause event, present an indication of the supplemental content item [the supplemental content is selected based on a previous positive interaction by the viewer with the same or similar supplemental content and is presented to the viewer while the primary content is paused (par. 28-29, 42, and 45)].
Regarding claims 11 and 20, Basavarajappa teaches the method of claim 1; Basavarajappa further teaches: predicting a supplemental content item that is likely to be displayed to a user of the user device in a future pause event or a future scheduled break event; and causing the user device to, responsive to detecting the indication of the second pause event, display an indication of the supplemental content item [Transmitting supplemental content that is not viewed by the viewer or is of little interest to the viewer results in excess network traffic and wasted computer resources, therefore the system selects supplemental content for that viewer based on the supplemental-content analytics for the viewer, resulting in providing more directed and interesting supplemental content to the viewer. For example, the supplemental content is selected based on a previous positive interaction by the viewer with the same or similar supplemental content and is presented to the viewer while the primary content is paused (par. 3-4, 28-29, 42, and 45)].
Regarding claim 12, Basavarajappa teaches the method of claim 11; Basavarajappa further teaches: predicting the supplemental content item is based on at least one of (i) one or more characteristics of the user or (ii) one or more behaviors of the user [selecting the supplemental content that likely will be of interest to the viewer based on the supplemental-content analytics for the viewer. For example, the supplemental content is selected based on a previous positive interaction by the viewer with the same or similar supplemental content (par. 3-4, 28-29, 42, and 45)].
Regarding claim 13, Basavarajappa teaches the method of claim 1; Basavarajappa further teaches: predicting a number of content slots to be presented in association with the video content item based on at least one of (i) one or more characteristics of the video content item, (ii) a relevance of a search vertical and the video content item, (iii) one or more characteristics of a user of the user device, (iv) one or more behaviors of the user, or (v) one or more characteristics of the user device [determining the number of supplemental content to present based on the supplemental-content analytics or the type of primary content, such as based on the maximum total-supplemental-content duration for the viewer. For example, the maximum duration may be 4 minutes and a single piece of supplemental content having a duration of one minute, then 4 supplement content items could be presented in sequence (par. 28 and 37-43)].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-4 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Basavarajappa (US 2024/0196054) in view of Ghavami (US 2022/0038757).
Regarding claims 2 and 15, Basavarajappa teaches the method of claim 1; Basavarajappa does not explicitly disclose: the detecting includes detecting the indication of the second pause event while the video player is arranged in a first region of the display, and wherein causing the user device to present the one or more supplemental content items with the paused video content item includes: causing the user device to, responsive to detecting the indication of the second pause event while the video content item is presented on the display, (i) rearrange the video player to be in a second region of the display that is smaller than the first region, and (ii) present the one or more supplemental content items in one or more respective content slots of the display that do not overlap the second region.
Ghavami teaches: detecting the indication of the pause event while the video player is arranged in a first region of the display [using real-time event listeners and triggers for content or activity-based events, such as detecting a content pause, for example pressing pause by mouse click, touch screen, or remote control while content is played back, such as a video stream being viewed on a device (for example, a CTV, smartphone, or desktop) in a video stream player window (par. 26, Fig. 7)], and
wherein causing the user device to present the one or more supplemental content items with the paused video content item includes: causing the user device to, responsive to detecting the indication of the pause event while the video content item is presented on the display, (i) rearrange the video player to be in a second region of the display that is smaller than the first region, and (ii) present the one or more supplemental content items in one or more respective content slots of the display that do not overlap the second region [the detection of the content pause may trigger displaying a commercial on screen, such as a commercial break window that is dynamically integrated into the display area. The dynamic commercial break dynamically resizes the video stream player window, making it smaller, for display of a non-linear multimedia commercial. The commercial does not obstruct the video stream (par. 26, Fig. 7-10)].
It would have been obvious to one of ordinary skill in the art, having the teachings of Basavarajappa and Ghavami before the effective filing date of the claimed invention to modify the method of Basavarajappa by incorporating Ghavami’s method of rearranging the video player during a pause. The motivation for doing so would have been to avoid obstructing the primary video content, such as a live sporting event, by providing a minimally intrusive advertisement (Ghavami - par. 24-26). Therefore, it would have been obvious to combine the teachings of Basavarajappa and Ghavami to obtain the invention as specified in the instant claim.
Regarding claims 3 and 16, Basavarajappa and Ghavami teach the method of claim 2; Ghavami further teaches: determining respective sizes for the one or more respective content slots, and wherein causing the user device to present the one or more supplemental content items in the one or more respective content slots is in accordance with the respective sizes [a commercial break window is dynamically integrated into the display area. The dynamic commercial break window may wrap the streaming content window in a variety of ways in accompaniment of the commercial content, including additional landscape or portrait display of multimedia creative assets surrounding the streaming content player window. FIG. 9 shows an adjunct window, at full size, for the commercial juxtaposed with the main content streaming window (par. 26, Fig. 8-9). Additionally, different creative sizes/aspect ratios can be programmed to adapt a creative asset across different device/screen types, such as 320×50 pixels (par. 32, 59, 65, and 69)].
Regarding claim 4, Basavarajappa and Ghavami teach the method of claim 2; Ghavami further teaches: determining the respective sizes for the one or more respective content slots is based on at least one of: (i) a number of the one or more supplemental content items to be displayed simultaneously with each other, (ii) one or more characteristics of a sponsor of at least one of the one or more supplemental content items, (iii) one or more characteristics of at least one of the one or more supplemental content items, (iv) one or more characteristics of a user of the user device, (v) one or more behaviors of the user, or (vi) one or more characteristics of the user device [determining different creative sizes/aspect ratios to adapt a creative asset across, based on one or more characteristics of the user device, such as different device/screen types (par. 32, 59, and 65). FIG. 9 shows an adjunct window, at full size, for the commercial juxtaposed with the main content streaming window (par. 26, Fig. 8-9)].
Claims 5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Basavarajappa (US 2024/0196054) in view of Fernandes et al. (US 8,606,955).
Regarding claims 5 and 17, Basavarajappa teaches the method of claim 1; Basavarajappa further teaches causing the user device to present the one or more supplemental content items with the paused video content item [If the primary video content, presented in a video display interface, is to be paused and supplemental content is to be provided to the viewer, supplemental content is selected for the viewer based on supplemental-content analytics for the viewer, how the viewer previously interacted with supplemental content is used to select the next supplemental content to provide to the viewer, and one or more pieces of supplemental content is provided to the viewer and is output to the viewer while the primary video content is paused, along with the primary content (par. 18-19, 28-29, and 52, Fig. 1-2)].
Basavarajappa does not explicitly disclose: causing the user device to, responsive to detecting the indication of the second pause event while the video content item is presented on the display, present the one or more supplemental content items in one or more respective overlays on the video player.
Fernandes teaches: causing the user device to, responsive to detecting the indication of the pause event while the video content item is presented on the display, present the one or more supplemental content items in one or more respective overlays on the video player [secondary content 36 as initially rendered in FIG. 2A is shown in an overlay positioned with the second portion of the display 40 within the first portion of the display 30. This is initiated by a user sending a pause command (col. 4, line 60 through col. 5, line 12 and col. 5, lines 25-33, Fig. 2A and 2B)].
It would have been obvious to one of ordinary skill in the art, having the teachings of Basavarajappa and Fernandes before the effective filing date of the claimed invention to modify the method of Basavarajappa by incorporating presenting the one or more supplemental content items in one or more respective overlays on the video player responsive to detecting the indication of the pause event as disclosed by Fernandes. The motivation for doing so would have been to significantly increase the click-through rate (CTR) to the secondary content 36 over methods that render the secondary content 36 in different portions of the display 28 (Fernandes - col. 5, lines 25-31). Therefore, it would have been obvious to combine the teachings of Basavarajappa and Fernandes to obtain the invention as specified in the instant claim.
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 Alexander Boyd whose telephone number is (571)270-0676. The examiner can normally be reached Monday - Friday 9am-5pm PST.
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/ALEXANDER BOYD/ Examiner, Art Unit 2424
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