DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
Claims 1-6, 8-16, and 18-22 are pending.
Claims 7 and 17 are cancelled.
Claims 1, 3, 6, 8, 11, 13, 16, 18 are amended.
Claims 21-22 are new.
Response to Arguments
Applicant’s arguments with respect to claims 1-6, 8-16, and 18-22 have been considered but are moot in view of the new grounds of rejection.
Claim Rejections - 35 USC § 103
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 and 11-12 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Ismail et al. US Patent No. 7,146,627 in view of Henry et al. US Patent Publication No. 2006/0007479.
Regarding Claim 1, Ismail discloses a method comprising:
transmitting targeting information to a server [Col. 34 lines 56-63], wherein:
the targeting information identifies a version of a content item formed from two or more media segments [Col. 39 lines 17-60];
and the targeting information defines a target audience [Col. 39 lines 17-60];
identifying, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information [Col. 3 lines 6-35];
and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment [Col. 43 lines 40-65],
Ismail fails to disclose the method wherein the targeting information indicates an encoding format of the content item compatible with an end user device; and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment in the encoding format compatible with the end user device.
In an analogous art, Henry discloses a method wherein the targeting information indicates an encoding format of the content item compatible with an end user device [0016]; and transmitting a data package to a display of the end user device, wherein the data package comprises the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment in the encoding format compatible with the end user device [Figure 2].
Regarding Claim 11, Ismail discloses a system comprising:
a processor [Fig 34. STB processor 702];
a communication network communicatively coupling the processor to a server and an end user device [Figure 26a];
and a non-transitory computer readable medium comprising computer readable instructions that, when processed by the processor, cause the processor to [Figure 1]:
transmit targeting information to the server, wherein: [Col. 34 lines 56-63], wherein:
the targeting information identifies a version of a content item formed from two or more media segments [Col. 39 lines 17-60];
and the targeting information defines a target audience [Col. 39 lines 17-60];
identify, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information [Col. 3 lines 6-35];
and transmit a data package to a display of the end user device, wherein the data package comprises the targeted media segment [Col. 43 lines 40-65],
Ismail fails to disclose the method wherein the targeting information indicates an encoding format of the content item compatible with an end user device; and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment in the encoding format compatible with the end user device.
In an analogous art, Henry discloses a method wherein the targeting information indicates an encoding format of the content item compatible with an end user device [0016]; and transmitting a data package to a display of the end user device, wherein the data package comprises the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment in the encoding format compatible with the end user device [Figure 2].
Therefore, it would have been obvious to one of ordinary skill in the art to combine the teachings of Ismail and Henry, at the time of the invention, in order to allow an end user device to play the content in the appropriate encoding format [Henry 0006].
Regarding Claims 2 and 12, the combination of Henry and Ismail disclose a method wherein the targeted media segment comprises at least one advertisement [Ismail Figure 22 targeted advertising].
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 8-16 and 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-34 of U.S. Patent No. 12,238,351. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broader in scope.
Instant Application No. 19/026,256
U.S. Patent No. 12,238,351
1.A method comprising:
transmitting targeting information to a server, wherein:
the targeting information identifies a version of a content item formed from two or more media segments, and the targeting information defines a target audience; the targeting information indicates an encoding format of the content item compatible with an end user device;
identifying, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information;
and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment relative to the two or more media segments during playback of the version of the content item in the encoding format compatible with the end user device by concatenating the two or more media segments.
1.A method comprising:
identifying a plurality of media segments of a content item for transmission to a display device; generating targeting information for transmission to the display device, wherein the targeting information defines a version of the content item formed from two or more of the plurality of media segments and a target audience;
packaging information identifying the plurality of media segments and the targeting information in a package, wherein the package includes different versions of the content item;
and transmitting the package and instructions to unpack the package, the instructions being configured to: (a) instruct the display device to determine which version of the content item to assemble based on the target audience, (b) assemble two or more of the plurality of media segments to generate the version of the content item based on the target audience, and (c) present for display the assembled content item at the display device.
Similarly Claims 2-6, 8-16 and 18-22 correspond to claims 2-34 of the Patent.
Claims 1-6, 8-16 and 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,758,207. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broader in scope.
Instant Application No. 19/026,256
U.S. Patent No. 11,758,207
A method comprising:
transmitting targeting information to a server, wherein:
the targeting information identifies a version of a content item formed from two or more media segments, and the targeting information defines a target audience; the targeting information indicates an encoding format of the content item compatible with an end user device;
identifying, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information;
and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment relative to the two or more media segments during playback of the version of the content item in the encoding format compatible with the end user device by concatenating the two or more media segments.
A non-transitory computer-readable medium storing instructions that, when executed, cause:
obtaining a plurality of media segments of a content item for transmission to a device; creating targeting information for transmission to the device, wherein the targeting information defines a version of the content item formed from two or more of the plurality of media segments and a target segment audience;
packaging the plurality of media segments and the targeting information in a single package, wherein two of the packaged media segments include different versions of a media segment of the content item;
and transmitting the single package and instructions to unpack the single package, the instructions being configured to instruct the device to determine which packaged media segments to assemble based on the target segment audience, assemble two or more of the packaged media segments to generate the content item, and present for display the assembled content item at the device.
Similarly claims 2-6, 8-16 and 18-22 correspond to claims 2-20 of the Patent.
Claims 1-6, 8-16 and 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No 11,218,745. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broader in scope.
Instant Application No. 19/026,256
U.S. Patent No. 11,218,745
1.A method comprising:
transmitting targeting information to a server, wherein:
the targeting information identifies a version of a content item formed from two or more media segments, and the targeting information defines a target audience; the targeting information indicates an encoding format of the content item compatible with an end user device;
identifying, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information;
and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment relative to the two or more media segments during playback of the version of the content item in the encoding format compatible with the end user device by concatenating the two or more media segments.
1.A non-transitory computer-readable medium storing instructions that, when executed, cause:
collecting a plurality of media segments for transmission to a device, each of said media segments comprising a fragment of a content message; creating targeting information for transmission to said device, said targeting information defining a plurality of versions of said content message formed from two or more of the plurality of media segments and a target segment audience;
packaging said plurality of media segments and said targeting information defining the plurality of versions of said content message in a single file;
and transmitting the single file and instructions to unpack said single file, the instructions being configured to instruct said device to determine which one of the plurality of versions of said content message to assemble based on the target segment audience, assemble one or more of the collected plurality of media segments to generate said content message, and present for display said assembled content message at said device in accordance with said targeting information.
Similarly Claims 2-6, 8-16 and 18-22 correspond to claims 2-19 of the Patent.
Claims 1-6, 8-16 and 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 10,735,788. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broader in scope.
Instant Application No. 19/026,256
U.S. Patent No. 10,735,788
1.A method comprising:
transmitting targeting information to a server, wherein:
the targeting information identifies a version of a content item formed from two or more media segments, and the targeting information defines a target audience; the targeting information indicates an encoding format of the content item compatible with an end user device;
identifying, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information;
and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment relative to the two or more media segments during playback of the version of the content item in the encoding format compatible with the end user device by concatenating the two or more media segments.
1.An apparatus comprising a processor and a memory, the memory storing computer-executable instructions which, when executed by the processor, cause the apparatus to perform operations comprising:
collecting a plurality of media segments for transmission to a device, each of said media segments comprising a fragment of a content message; creating targeting information for transmission to said device, said targeting information defining a plurality of versions of said content message formed from two or more of the plurality of media segments and a target segment audience;
packaging said plurality of media segments and said targeting information defining the plurality of versions of said content message in a single file;
and transmitting the single file and instructions to unpack said single file, the instructions being configured to instruct said device to determine which one of the plurality of versions of said content message to assemble based on the target segment audience, assemble one or more of the collected plurality of media segments to generate said content message, and present for display said assembled content message at said device in accordance with said targeting information.
Similarly Claims 2-6, 8-16 and 18-22 correspond to claims 2-19 of the Patent.
Claims 1-6, 8-16 and 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 9,854,281. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broader in scope.
Instant Application No. 19/026,256
U.S. Patent No. 9,854,281
1.A method comprising:
transmitting targeting information to a server, wherein:
the targeting information identifies a version of a content item formed from two or more media segments, and the targeting information defines a target audience; the targeting information indicates an encoding format of the content item compatible with an end user device;
identifying, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information;
and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment relative to the two or more media segments during playback of the version of the content item in the encoding format compatible with the end user device by concatenating the two or more media segments.
1. A computer-implemented method for packaging media and data for transmission over a network to a terminal destination, comprising, by a processor:
collecting from a database of media assets a plurality of media segments configured to be assembled to form a plurality of message versions;
generating targeting information comprising: an index table listing the collected media segments, and assembly information indicating each of the plurality of collected media segments to assemble to form a targeted message, the targeted message comprising at least one of the plurality of message versions; retrieving from a network database network data comprising delivery addresses of the network for each of the plurality of message versions; assembling said plurality of collected media segments, said targeting information, and said network data in a single electronic package file;
and transmitting said single electronic package file over said network to said terminal destination, wherein said single electronic package file is configured to be de-packaged at said terminal destination by selecting and assembling at least two media segments from said plurality of collected media segments based on said targeting information to form said targeted message for the terminal destination determined from the network data for presentation at a display device operatively coupled to said applicable terminal destination.
Similarly Claims 2-6, 8-16 and 18-22 correspond to claims 2-17 of the Patent.
Claims 1-6, 8-16 and 18-22 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 8,677,397. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broader in scope.
Instant Application No. 19/026,256
U.S. Patent No. 8,677,397
1.A method comprising:
transmitting targeting information to a server, wherein:
the targeting information identifies a version of a content item formed from two or more media segments, and the targeting information defines a target audience; the targeting information indicates an encoding format of the content item compatible with an end user device;
identifying, using the server, a targeted media segment to transmit with the version of the content item based at least in part on the targeting information;
and transmitting a data package to a display of the end user device, wherein the data package comprises the targeted media segment, the version of the content item in the encoding format compatible with an end user device, and instructions for rendering the targeted media segment relative to the two or more media segments during playback of the version of the content item in the encoding format compatible with the end user device by concatenating the two or more media segments.
1.A computer-implemented method for packaging media and data for transmission over a broadband communications network link for display at a terminal destination comprising:
collecting a plurality of media segments from a database for transmission to said terminal destination, each of said media segments comprising a fragment of a content message;
creating targeting information for transmission to said terminal destination, said targeting information defining a plurality of versions of said content message formed from two or more of the plurality of media segments and a target segment audience; packaging said plurality of media segments and said targeting information in a single electronic package file;
and transmitting the single electronic package file and instructions to unpack said single electronic package file, the instructions being configured to instruct said terminal destination to analyze said targeting information to determine which one of the plurality of versions of said content message to assemble based on the target segment audience, assemble one or more of the collected plurality of media segments to generate said content message, and display said assembled content message at said terminal destination in accordance with the targeting information.
Similarly Claims 2-6, 8-16 and 18-22 correspond to claims 2-19 of the Patent.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Easty US Patent Publication No. 2006/0253864 - A targeted television advertisement system comprises a customer premises equipment at a household and coupled to a television set, the customer premise equipment, which comprises a server operable to access a media storage device and demand-pull advertising elementary streams customized for a viewer of the household, and a splicer operable to receive a program elementary streams and splice the demand-pulled advertising elementary streams into the program elementary streams.
O'Rourke et al. US Patent Publication No. 2003/0028505 - a client requests a single streaming media content file, to reproduce, or "play" a single piece of content such as a song or a video. Alternatively, the client may request a playlist, or "playlist file" that includes a number of different references to individual streaming media content files. Each playlist file includes information such as information to reference specific pieces of content, an order in which to play the referenced content, and other information (e.g., whether to play certain pieces of referenced content more than one time). In other words, a playlist file not only references media content, but also describe how pieces of media content are combined.
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.
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/SAHAR AQIL RIAZ/Primary Examiner, Art Unit 2424
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