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 .
DETAILED ACTION
Claims 2-21 have been examined.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot in view of the new ground(s) of rejection. On 7/29/26, Applicant did not amend the claims. Rather, Applicant presented remarks. However, the prior art combination renders obvious a 2nd manifest files with links/URI/URL during playback.
Examiner notes that it is the Applicant’s claims as stated in the Applicant’s claims that are being rejected with the prior art. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). In interpreting claim language, the broadest reasonable meaning of the words in their ordinary usage as they would be understood by one of ordinary skill in the art is applied, taking into account whatever enlightenment by way of definitions or otherwise that may be afforded by the written description. See In re Morris', 127 F.3d 1048, 1054 (Fed. Cir. 1997). See also In ream. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004) and ln re Sneed, 710 F.2d 1544, 1548 (Fed. Cir. 1983). Claims are given their broadest reasonable construction. See In re Hyatt, 211 F.3d 1367, 54 USPQ2d 1664 (Fed. Cir. 2000). It is Appellant's burden to precisely define the invention. See In re Morris, 127 F.3d 1048, 1056 (Fed. Cir. 1997).
And, a 103 combination rejection was made and it is the combination that renders obvious the feature. The 103 combination with motivation was specifically used for this feature.
And, the prior art combination renders obvious a 2nd manifest files with links/URI/URL during playback. McGowan ‘386 is already shown to disclose the 1st manifest file. And, Dhruv is added to show a 2nd /updated/additional manifest file during playback.
McGowan ‘386 shows a dynamically created manifest file for playback [0073]. And, Dhruv discloses a manifest file with links/URIs/URLs to ad content:
“[6]… The system inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks and generates a manifest file, such as an m3u or m3u8 file, corresponding to the updated set of media chunks. The manifest file can include a series of links to each chunk in the updated set of media chunks.”;
“[0032] As this example illustrates, while a manifest files is unable to contain other manifest files, the manifest file can contain links to chunks from multiple sources. For instance, the manifest file can include links to chunks on a single-content server and one or more different advertising servers. Alternatively, the manifest file can include links to chunks on a single server that stores both content and advertising.
“[0033] In one variation for additional content security, each segment (or .ts file) is tokenized at the time the advertisement is stitched in. This approach can result in URLs in the manifest file that are only valid for a predetermined time frame. Outside of the predetermined time frame, the system can remove access to the tokenized segments, delete the tokenized segments, and/or move the tokenized segments to another URL.”.
And, Dhruv further discloses a 2nd or updated manifest file during display or playback:
“[0044] The playback device then parses the manifest file, extracts the link to a first chunk, and begins requesting chunks from the server, starting with the first chunk. The server then streams the updated set of media chunks to the playback device as requested by the playback device based on the manifest file. The playback device can be any media consumption device that receives and/or processes the manifest file. The playback device essentially restitches the media chunks represented in the manifest file to play back the media presentation. The playback device can send a request for a streaming video asset to a media server and receive a video manifest file in response to the request. The video manifest file can be generated by the media server or other entity as set forth above. Then, the playback device can parse the video manifest file to extract a set of links to media chunks corresponding to the streaming video asset and play the streaming video asset by iteratively retrieving a first chunk based on the set of links,”;
“[6]… The system inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks and generates a manifest file, such as an m3u or m3u8 file, corresponding to the updated set of media chunks. The manifest file can include a series of links to each chunk in the updated set of media chunks.”;
“[7]… The video manifest file is generated by identifying an advertising slot in a media presentation, retrieving an advertisement corresponding to the advertising slot, dividing the media presentation into a set of media chunks, dividing the advertisement into a set of advertising chunks, inserting the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks, and generating the video manifest file corresponding to the updated set of media chunks.”;
“[38]… The system 100 inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks (510) and generates a manifest file corresponding to the updated set of media chunks (512).”.
Dhruv also further discloses a first and 2nd manifest and a “on the fly” and 2nd manifest:
“[35]… The system can select and stitch the advertising chunks into the video manifest file on the fly in response to a request. Thus, the system can further retrieve or infer user information, such as user preferences, location, social networking information, demographic information, age, gender, viewing history, purchasing history, and so forth, and select particular advertisements to stitch into the manifest file based on all or part of that information.”;
“[42]…the server retrieves a video manifest file describing chunks of the video asset, generated by identifying an advertising slot in a media presentation, retrieving an advertisement corresponding to the advertising slot, dividing the media presentation into a set of media chunks, dividing the advertisement into a set of advertising chunks, inserting the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks, and generating the video manifest file corresponding to the updated set of media chunks.”;
“[43]… generating the manifest file, transmitting the manifest file to the playback device, and streaming chunks to the playback device based on the manifest file. The server identifies an advertising slot in a media presentation, retrieves an advertisement corresponding to the advertising slot, divides the media presentation into a set of media chunks, and divides the advertisement into a set of advertising chunks. The server inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks, and generates a manifest file corresponding to the updated set of media chunks. Then, the server transmits the manifest file to the playback device, such as in response to a request for streaming media.”.
Hence, McGowan ‘386 discloses a first manifest for content/media item/data item and ad insertion. And, Dhruv discloses a 2nd manifest/updated manifest generated during playback and that this 2nd manifest/ updated manifest can have links/URI/URLs. Hence, the prior art combination renders obvious this feature as claimed. And, Graham-Deere motivation is provided below.
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, 6-17, 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over McGowan 20120066386 in view of Dhruv (20120198492).
Claims 2, 12, 15. McGowan discloses a method performed by a client device in communication with a system comprising at least one service provider server and at least one advertisement engine server, the method comprising:
requesting a first manifest for live media content (see end user accesses channel and then manifest for that channel is generated [69]; also for live see streaming at [87]; also see receive request for access at Fig. 10, item 1025 and generate manifest at item 1040);
receiving the first manifest for the live media content from the at least one service provider server, wherein the first manifest comprises (see end user accesses channel and then manifest for that channel is generated [69]):
a plurality of URIs corresponding to a plurality of chunks of the live media content (see manifest and URL at [47, 69, 70, 79, 87, 95-97]; also see manifest and chunk and subset at [5]); and
an indication of a first time in the live media content designated for advertising content (see ad and chunk and insert at [43]; see ad placement at [27]; see time period when media item permitted [5]; when playback of particular media items permissible at [50, 51]; rules on time period, starting time for media item/content at [53]);
generating for display a chunk of the plurality of chunks of the live media content based at least in part on data received by accessing a URI corresponding to the chunk of the plurality of chunks of the live media content (see URL and chunk at [57, 87, 96, 97]);
transmitting, while the chunk of the plurality of chunks of the live media content is being displayed and before reaching the first time, an application programming interface (API) call (see API at [35, 36]; see API that allows rules to be modified at [68]);
receiving, based at least in part on transmitting the API call to the at least one advertisement engine server, a manifest comprising a plurality of URIs corresponding to a plurality of chunks of first advertising content for display at the first time (see API that allows rules to be modified at [68]; see ad and chunk and insert at [43]; see ad placement at [27]); and
generating for display, at the first time, a chunk of the plurality of chunks of the first advertising content based at least in part on data received by accessing the URI corresponding to the chunk of the plurality of chunks of the first advertising content (see ad and chunk and insert at [43]; see ad placement at [27]; note manifest and chunk and URI/URL citations above).
McGowan does not explicitly disclose a second manifest, or a second manifest corresponding to chunks of first advertising content. However, McGowan discloses Fig. 10 and repeat transfer of manifest at step 1050 and also dynamically creating manifest [73]. And, Dhruv discloses a first manifest for the video content and then an updated or 2nd manifest file based on updated ad content to be inserted/stitched [7, 8, 35, 38, 42]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Dhruv’s updated/2nd manifest file with ad insert/stich info to McGowan’s manifest file and inserting ad content. One would have been motivated to do this in order to better insert ad content.
Also, in further regards to the preceding feature, the prior art combination renders obvious a 2nd manifest files with links/URI/URL during playback. McGowan ‘386 is already shown to disclose the 1st manifest file. And, Dhruv is added to show a 2nd /updated/additional manifest file during playback.
McGowan ‘386 shows a dynamically created manifest file for playback [0073]. And, Dhruv discloses a manifest file with links/URIs/URLs to ad content:
“[6]… The system inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks and generates a manifest file, such as an m3u or m3u8 file, corresponding to the updated set of media chunks. The manifest file can include a series of links to each chunk in the updated set of media chunks.”;
“[0032] As this example illustrates, while a manifest files is unable to contain other manifest files, the manifest file can contain links to chunks from multiple sources. For instance, the manifest file can include links to chunks on a single-content server and one or more different advertising servers. Alternatively, the manifest file can include links to chunks on a single server that stores both content and advertising.
“[0033] In one variation for additional content security, each segment (or .ts file) is tokenized at the time the advertisement is stitched in. This approach can result in URLs in the manifest file that are only valid for a predetermined time frame. Outside of the predetermined time frame, the system can remove access to the tokenized segments, delete the tokenized segments, and/or move the tokenized segments to another URL.”.
And, Dhruv further discloses a 2nd or updated manifest file during display or playback:
“[0044] The playback device then parses the manifest file, extracts the link to a first chunk, and begins requesting chunks from the server, starting with the first chunk. The server then streams the updated set of media chunks to the playback device as requested by the playback device based on the manifest file. The playback device can be any media consumption device that receives and/or processes the manifest file. The playback device essentially restitches the media chunks represented in the manifest file to play back the media presentation. The playback device can send a request for a streaming video asset to a media server and receive a video manifest file in response to the request. The video manifest file can be generated by the media server or other entity as set forth above. Then, the playback device can parse the video manifest file to extract a set of links to media chunks corresponding to the streaming video asset and play the streaming video asset by iteratively retrieving a first chunk based on the set of links,”;
“[6]… The system inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks and generates a manifest file, such as an m3u or m3u8 file, corresponding to the updated set of media chunks. The manifest file can include a series of links to each chunk in the updated set of media chunks.”;
“[7]… The video manifest file is generated by identifying an advertising slot in a media presentation, retrieving an advertisement corresponding to the advertising slot, dividing the media presentation into a set of media chunks, dividing the advertisement into a set of advertising chunks, inserting the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks, and generating the video manifest file corresponding to the updated set of media chunks.”;
“[38]… The system 100 inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks (510) and generates a manifest file corresponding to the updated set of media chunks (512).”.
Dhruv also further discloses a first and 2nd manifest and a “on the fly” and 2nd manifest:
“[35]… The system can select and stitch the advertising chunks into the video manifest file on the fly in response to a request. Thus, the system can further retrieve or infer user information, such as user preferences, location, social networking information, demographic information, age, gender, viewing history, purchasing history, and so forth, and select particular advertisements to stitch into the manifest file based on all or part of that information.”;
“[42]…the server retrieves a video manifest file describing chunks of the video asset, generated by identifying an advertising slot in a media presentation, retrieving an advertisement corresponding to the advertising slot, dividing the media presentation into a set of media chunks, dividing the advertisement into a set of advertising chunks, inserting the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks, and generating the video manifest file corresponding to the updated set of media chunks.”;
“[43]… generating the manifest file, transmitting the manifest file to the playback device, and streaming chunks to the playback device based on the manifest file. The server identifies an advertising slot in a media presentation, retrieves an advertisement corresponding to the advertising slot, divides the media presentation into a set of media chunks, and divides the advertisement into a set of advertising chunks. The server inserts the set of advertising chunks into the set of media chunks at the advertising slot to yield an updated set of media chunks, and generates a manifest file corresponding to the updated set of media chunks. Then, the server transmits the manifest file to the playback device, such as in response to a request for streaming media.”.
Hence, McGowan ‘386 discloses a first manifest for content/media item/data item and ad insertion. And, Dhruv discloses a 2nd manifest/updated manifest generated during playback and that this 2nd manifest/ updated manifest can have links/URI/URLs. And, the Graham-Deere motivation for the combination is provided preceding. Hence, the prior art combination renders obvious this feature as claimed.
In further regards to claim 12, chunk reads on segment and subset. In further regards to claim 12, McGowan further discloses transmitting, while the segment of the second subset of segments is being displayed and before reaching the first time, a request to the at least one advertisement engine server (see streaming content from other systems at [87] and also insert ad content at [43] and see ad placement at [27).
Claim 3, 13, 16. McGowan does not explicitly disclose the method of claim 2, further comprising: receiving an identification of a second time in the live media content designated for advertising content; transmitting, while displaying another chunk of the plurality of chunks of the live media content and before reaching the second time, a second API call to the at least one advertisement engine server; and receiving, based at least in part on transmitting the second API call to the at least one advertisement engine server, a third manifest comprising a plurality of URIs corresponding to a plurality of chunks of a content for display at the second time, wherein the third manifest is dynamically generated based at least in part on information associated with the client device. However, McGowan discloses Fig. 10 and repeat transfer of manifest at step 1050 and also dynamically creating manifest [73] and using APIs (see citations above). And, Dhruv discloses using APIs [24] a first manifest for the video content and then an updated or 2nd manifest file based on updated ad content to be inserted/stitched [7, 8, 35, 38, 42]. And, Dhruv discloses multiple different ad insertion points (Fig. 4) and also a new manifest file for each ad slot in the presentation, Fig. 5, item 502 and 512 Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Dhruv’s updated/3nd manifest file with ad insert/stich info to McGowan’s manifest file and inserting ad content. One would have been motivated to do this in order to better insert ad content where multiple ad slots are present.
Claim 4, 14, 17. McGowan does not explicitly disclose the method of claim 3, further comprising: generating a play session token for consumption of the live media content; and wherein a generation of the second manifest comprising the plurality of URIs corresponding to the plurality of chunks of the first advertising content and the generation of the third manifest comprising the plurality of URIs corresponding to the plurality of chunks of the second advertising content are coordinated based on the play session token. However, McGowan discloses the manifest and URI/URL features (see above) and also discloses using tokens [67]. And, Dhruv discloses segments and tokenizing which reads on sessions and tokens [33]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Dhruv’s tokenizing and segments to McGowan’s playback and tokens. One would have been motivated to do this in order to better control content playback.
Claim 6, 19. McGowan further discloses the method of claim 2, wherein the second manifest is dynamically generated based at least in part on information associated with the client device (The combination renders obvious the second manifest and McGowan discloses geographic region of the client rules [5]). Additionally/alternatively, Dhruv discloses the second manifest is dynamically generated based at least in part on information associated with the client device (see select particular ads and ad chunks on the fly at [35]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Dhruv’s ads on the fly based on the client to McGowan’s inserting ads. One would have been motivated to do this in order to better insert relevant ads.
Claim 7, 20. McGowan does not explicitly disclose the method of claim 2, wherein the second manifest comprises one or more instructions for predetermined behaviors to be implemented on the client device during the display of the plurality of chunks of the first advertising content, the predetermined behaviors comprising at least one of: displaying an interstitial banner, displaying an overlay advertisement, blocking fast-forward controls, enabling interactive content, or providing a tracking beacon. However, Dhruv discloses interstitial content [4] and ads and interactive media [28] and ads [28]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Dhruv’s ads with instructions for behaviors to McGowan’s presenting ads. One would have been motivated to do this in order to better present ads.
Claim 8, 21. McGowan further discloses the method of claim 2, wherein the second manifest is generated based on stored rules and identifying information associated with the client device (The combination renders obvious the second manifest and McGowan discloses geographic region of the client rules [5]). Additionally/alternatively, Dhruv discloses the second manifest is generated based on stored rules and identifying information associated with the client device (see select particular ads and ad chunks on the fly at [35]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Dhruv’s rules and ads on the fly based on the client to McGowan’s inserting ads. One would have been motivated to do this in order to better insert relevant ads.
Claim 9. McGowan further discloses the method of claim 8, wherein the identifying information comprises geographical data associated with the client device ([5]).
Claim 10. McGowan further discloses the method of claim 2, wherein the second manifest is generated based on at least one of: a title of the live media content, a duration of the live media content, or a genre of the live media content (see ad and chunk and insert at [43] and see ad placement at [27]; see time period at [5, 51], see manifest and length of playback data at [47]; see the combination above that renders obvious the second manifest).
Claim 11. McGowan does not explicitly disclose the method of claim 2, wherein the second manifest comprises one or more tracking URLs for monitoring at least one of: playing performance of the advertising content, advertisement impressions, or user interactions with the advertising content. However, Dhruv discloses interactive media [28] ability to interact with video [33] and tracking viewing history and purchasing history [35] and using links and URIs [24]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Dhruv’s ads and tracking and targeting to McGowan’s inserting ads. One would have been motivated to do this in order to better insert relevant ads.
Claims 5, 18 are rejected under 35 U.S.C. 103 as being unpatentable over McGowan 20120066386 in view of Dhruv (20120198492) in view of Mak (20140136336).
Claims 5, 18. McGowan does not explicitly disclose the method of claim 2, further comprising: configuring a tracking beacon for monitoring playback parameters of the live media content; and transmitting data gathered by the tracking beacon to at least one server. However, Mak discloses streaming content and ad inserting [2] and tracking beacons and reporting the data to the server [36, 60, 61]. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Mak’s content streaming and ad inserting and tracking beacons to McGowan’s inserting ads. One would have been motivated to do this in order to better insert relevant ads.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
a) see related case 18761028 (Note the 3 Party Submission in that case on 3/24/25 with Patel, Asam, Dhruv (20120116883 20120198492 9380092);
b) Examiner notes ALLOWED parent patent CON applications 14069961 and 18357865;
c) note other PRIOR ART patent by same inventor McGowan patent 8145782 that has pg_pub 20120005312; and PRIOR ART to McGowan 20120066386 that has ad insertion and manifest files; and McGowan 20120179788 that has a priority art date to 7/12/12 and is prior art depending on the current application provisional;
d) prior art Ma has provisional support for figures 1-7a but Not Fig. 7b; Ma has offset.
THIS ACTION IS MADE FINAL. 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 extension fee 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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/ARTHUR DURAN/Primary Examiner, Art Unit 3622 8/20/26
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