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 .
Status of Claims
This Office action is in response to correspondence received April 2, 2025.
Claims 1-20 are pending and have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recite(s):
Claims 1, 19, and 20:
acquire engagement data from a user terminal in relation to a presentation of a first content for a first period;
confirm validity of the acquired engagement data;
store the acquired engagement data for which validity is confirmed to a corresponding engagement data [data store]; and
[perform action].
Claims 1, 19, and 20 recite an abstract idea that is a mental process. Mentally one could acquire engagement data from a user terminal by reading numbers or words about the presentation of a first content. Then one could confirm validity of that data by comparing it to a standard which would determine its validity. Then one could store the data in a data store by writing it down on paper. Finally one could mentally perform an action such as asking for something to be done. Therefore the above steps are an abstract idea that is a mental process.
This judicial exception is not integrated into a practical application. The additional elements alone and in combination are computer steps and elements that are instructions to apply an abstract idea (the one above) to a computer. See MPEP 2106.05(f)(2). The additional elements are:
Claim 1:
An information processing apparatus comprising:
circuitry configured to
database
by the user terminal
initiate presentation of a second content by the user terminal for a second period.
Claim 19:
Database
initiating presentation of a second content by the user terminal for a second period.
Claim 20:
A non-transitory computer-readable medium having embodied thereon a program, which when executed by a computer causes the computer to function as execute an information processing method,
Database
initiating presentation of a second content by the user terminal for a second period.
Database is generic relational storage that is being used in its ordinary capacity. Initiating…for a second period is merely playing an ad or other content, similar to Ultramercial v Hulu. See MPEP 2106.05(f)(2).
In combination the additional elements amount to no more than a generic computer (circuitry, information processing device, non-transitory computer readable medium), a database which is generic storage found on any computer, and playing content on a computer. As a generic computing device would have these elements and, in their ordinary capacity they would perform their normal steps together, the combination of elements amounts to no more than instructions to apply the abstract idea to a computer or other machinery (here, computer related steps). Therefore, the additional elements are not a practical application of an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because for the reasoning detailed above in the practical application section, there is also not significantly more claimed either alone or in combination. Therefore, the additional elements are not significantly more than the abstract idea.
Claim 2 recites displaying on a display device, which is an instruction to apply the abstract idea to a computer.
Claim 3 recites that the content presented is a 3D 2D moving image or audio data and this is an apply it step merely limiting it to kinds of information presented.
Claim 4 recites blocking content from invalid engagement data which is a mental process step of decisionmaking.
Claim 5 recites further mental process steps of transmitting information that prevents content from being decrypted which under a broadest reasonable interpretation could be any information that does not include the key that would decrypt something.
Claim 6 recites further abstract idea description that the content is the same.
Claim 7 recites like claim 6 but they are different and not the same.
Claim 8 recites further abstract idea description that the content is determined based on engagement data, so the mental process is observing the engagement data the determining the content therefrom.
Claims 9-10 recite further abstract idea limitations that decisions are made based on an input to edit content, the mental process being observing the edit input decision, and then the judgment being the decision. Real time is simply something done without visible processing time, and as one can make a mental decision in real time, this is also a part of the abstract idea.
Claim 11 recites that a step is performed automatically which is an apply it step for a computer as automatic steps are like programmed steps.
Claim 12 recites that the second content being as a result of analysis is a further mental process step where analyzing is a mental step. That it comes from a server is an apply it step.
Claim 13 recites presenting the content in the metaverse which is an apply it step where the presentation happens in the “metaverse.”
Claims 14-17 recite mental process steps of acquiring engagement data with respect to the metaverse.
Claim 18 recites presentation steps which are apply it steps, after further mental process steps which are decisionmaking steps similar to steps recited in the independent claims.
Therefore, claims 1-20 are rejected under 35 USC 101.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4 and 6-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Datta et al., US PGPUB 20070079331 A1 (“Datta”).
Per claims 1, 19, and 20, which are similar in scope, Datta teaches An information processing apparatus comprising: circuitry configured to acquire engagement data from a user terminal in relation to a presentation of a first content for a first period in par 060: “The tracking software may directly monitor the angle and position of various advertising asserts with respect to changing camera perspectives presented to the user who controls the camera perspective utilizing a game controller. Indirect impression tracking may occur through a server or a session master client in a peer-to-peer network participating, facilitating, arbitrating or interrogating functions associated with the campaign program (e.g., extraction of data necessary to yield the determination of an ad impression). Hence, ad impression determinations may occur at, for example, ad server 130 or advertiser 160 in response to information generated or signals sent from the end-user client device 170.”
See then par 062: “For example, an advertisement located in a virtual kiosk in a virtual shopping center might be viewed by 1,000 gamers over the course of an afternoon. It could be said that the particular advertisement enjoyed 1,000 impressions as each gamer walked their gaming character past the kiosk and viewed the goods or services advertised therein. Impressions may also be calculated through a time threshold index. For example, an impression may be earned, triggered, counted or computed after a user has been exposed to the advertisement for a particular period of time. In this example, an impression may occur after 30 seconds of exposure by the user to an advertisement.” The camera angles and impressions teach acquiring engagement data from a user terminal; the threshold taught in par 062 teaches a first period.
Datta then teaches confirm validity of the acquired engagement data; in par 065: “Similar or identical advertisement state information may be provided to content author 150.sub.1 . . . 150.sub.N. This notification is made so that the advertiser 160.sub.1 . . . 160.sub.N may be properly invoiced by the contents author 150.sub.1 . . . 150.sub.N in accordance with any number of payment plans as are discussed herein. The advertisement server 130 may further provide this information to payment processing center 180 to allow for automatic billing and payment in step 285.” Under a broadest reasonable interpretation, as the advertisement state information being invoiced is a confirmation of its validity, as it is then being automatically billed and paid out. State information includes impressions as taught in par 058: “The state of the advertisement, such as the number of distributions or impressions made, may be provided to the advertisement server 130 and, if necessary or desired, to the advertiser 160.sub.1 . . . 160.sub.N in advertisement status notification step 280 so that certain determinations made be made, for example, the success of an ad campaign with regard to the number of impressions made.”
Datta then teaches store the acquired engagement data for which validity is confirmed to a corresponding engagement data database in par 042: “Advertising database is a storage mechanism for advertising content such as the aforementioned video and audio content. While advertising images are the most prevalent type of advertising content, advertising content may further comprise element types such as programs, objects, state data, control data, textures, bitmap images, compressed images, sequencing data, authentication data, public key and private key. Advertising database 140 may be integrated with advertising server 130”
State information includes impressions as taught in par 058: “The state of the advertisement, such as the number of distributions or impressions made, may be provided to the advertisement server 130 and, if necessary or desired, to the advertiser 160.sub.1 . . . 160.sub.N in advertisement status notification step 280 so that certain determinations made be made, for example, the success of an ad campaign with regard to the number of impressions made.”
Datta then teaches initiate presentation of a second content by the user terminal for a second period in par 077: “Similarly, audio may be tagged for advertising purposes. For example, if a user plays a video game with a radio (e.g., driving an automobile), the game designed can create different channels whereby actual music from actual artists is played interspersed with various advertisement that one might hear over the radio. Similarly, the actual music a user listens to may be Top 40 hits or other popular music rather than a one-time generated, static soundtrack. In that way, the user may play the game today or five years from now and be able to listen to not only relevant advertisement but relevant music that is current and popular the day the user plays the game. Similar attributes may be reserved for providing real-time television programs and the like (e.g., short films, movie previews and so forth).”
See also par 055: “The physical media may have embodied thereon instruction for accessing the present in-game advertising system 100 as it pertains specifically to advertising content versus actual video game data. In additional embodiments of the present invention, the user may access a combination of advertising content and actual game data via the exemplary in-game system 100 (e.g., new advertising content and new game levels published after the initial release of the game on physical media).” Second time period is taught in par 049 as each advertisement has a time period: “Once the advertisers 160.sub.1 . . . 160.sub.N have been established, advertiser specified information such as advertiser name, time slot, and time period of an advertisement are provided to an appropriate content author 150.sub.1 . . . 150.sub.N from the advertisement server 130 in notification step 225. Notification may occur by traditional mail, electronic mail, listservs, SMS, instant messenger, chat or any other available communication medium.”
Per claim 2, Datta teaches the limitations of claim 1, above. Datta then teaches wherein the presentation of at least one of the first or second content by the user terminal includes display of the content by a display device of the user terminal in par 062: “For example, an advertisement located in a virtual kiosk in a virtual shopping center might be viewed by 1,000 gamers over the course of an afternoon. It could be said that the particular advertisement enjoyed 1,000 impressions as each gamer walked their gaming character past the kiosk and viewed the goods or services advertised therein. Impressions may also be calculated through a time threshold index. For example, an impression may be earned, triggered, counted or computed after a user has been exposed to the advertisement for a particular period of time. In this example, an impression may occur after 30 seconds of exposure by the user to an advertisement. The impression may also be tracked and computed based on one or more user's continuous or distributed exposures to the advertisement on the virtual kiosk or as part of an overall ad campaign.”
Per claim 3, Datta teaches the limitations of claim 1, above. Datta then teaches at least one of the first or second content includes at least one of a three-dimensional image, a two-dimensional image, a moving image, or audio data in par 077: “Similarly, audio may be tagged for advertising purposes. For example, if a user plays a video game with a radio (e.g., driving an automobile), the game designed can create different channels whereby actual music from actual artists is played interspersed with various advertisement that one might hear over the radio. Similarly, the actual music a user listens to may be Top 40 hits or other popular music rather than a one-time generated, static soundtrack. In that way, the user may play the game today or five years from now and be able to listen to not only relevant advertisement but relevant music that is current and popular the day the user plays the game.”
Per claim 4, Datta teaches the limitations of claim 1, above. Datta then teaches wherein when the acquired engagement data is confirmed to be invalid, the circuitry is further configured to block the presentation of the second content by the user terminal in par 062 where impressions are only counted after 30 seconds of viewing time, teaching valid: “For example, an advertisement located in a virtual kiosk in a virtual shopping center might be viewed by 1,000 gamers over the course of an afternoon. It could be said that the particular advertisement enjoyed 1,000 impressions as each gamer walked their gaming character past the kiosk and viewed the goods or services advertised therein. Impressions may also be calculated through a time threshold index. For example, an impression may be earned, triggered, counted or computed after a user has been exposed to the advertisement for a particular period of time. In this example, an impression may occur after 30 seconds of exposure by the user to an advertisement. The impression may also be tracked and computed based on one or more user's continuous or distributed exposures to the advertisement on the virtual kiosk or as part of an overall ad campaign.” See also par 0113, similar to threshold but requiring a certain angle.
Then see par 0151: “While real-time advertisements may be more realistic, ensuring an impression becomes more difficult relative the portion of the advertisement the user viewed as has been previously noted. Certain impression, especially in the real-time video and audio sense, may be subject to ongoing impression limitations. For example, an impression may constitute viewing 30 seconds of a one minute advertisement. The user may, at one point in the game, view a first 10-seconds of the advertisement, view a second 10-seconds at a different point in the game and view yet another 10-seconds at another point in the game. In this instance, the user--albeit piecemeal--may have viewed enough of the ad over the course of time to constitute an impression.” Second content, different slices of an overall content, is blocked here because the user has moved on.
Per claim 6, Datta teaches the limitations of claim 1, above. Datta further teaches wherein the first content for the first period is same as the second content for the second period in par 0151: “While real-time advertisements may be more realistic, ensuring an impression becomes more difficult relative the portion of the advertisement the user viewed as has been previously noted. Certain impression, especially in the real-time video and audio sense, may be subject to ongoing impression limitations. For example, an impression may constitute viewing 30 seconds of a one minute advertisement. The user may, at one point in the game, view a first 10-seconds of the advertisement, view a second 10-seconds at a different point in the game and view yet another 10-seconds at another point in the game. In this instance, the user--albeit piecemeal--may have viewed enough of the ad over the course of time to constitute an impression.” Under a broadest reasonable interpretation, different parts of content is the same content.
Per claim 7, Datta teaches the limitations of claim 1, above. Datta further teaches wherein the first content for the first period is different from the second content for the second period in par 0151: “While real-time advertisements may be more realistic, ensuring an impression becomes more difficult relative the portion of the advertisement the user viewed as has been previously noted. Certain impression, especially in the real-time video and audio sense, may be subject to ongoing impression limitations. For example, an impression may constitute viewing 30 seconds of a one minute advertisement. The user may, at one point in the game, view a first 10-seconds of the advertisement, view a second 10-seconds at a different point in the game and view yet another 10-seconds at another point in the game. In this instance, the user--albeit piecemeal--may have viewed enough of the ad over the course of time to constitute an impression.” Under a broadest reasonable interpretation, each segment of content is treated as different content, therefore the first content is different from the second content.
Per claim 8, Datta teaches the limitations of claim 1, above. Datta further teaches wherein the second content is determined based on the acquired engagement data in par 0151: “While real-time advertisements may be more realistic, ensuring an impression becomes more difficult relative the portion of the advertisement the user viewed as has been previously noted. Certain impression, especially in the real-time video and audio sense, may be subject to ongoing impression limitations. For example, an impression may constitute viewing 30 seconds of a one minute advertisement. The user may, at one point in the game, view a first 10-seconds of the advertisement, view a second 10-seconds at a different point in the game and view yet another 10-seconds at another point in the game. In this instance, the user--albeit piecemeal--may have viewed enough of the ad over the course of time to constitute an impression.” Under a broadest reasonable interpretation, the acquired engagement data is the 10 seconds of viewing which then determines that the second 10 seconds is viewable.
Per claim 9, Datta teaches the limitations of claim 1, above. Datta further teaches wherein the second content is determined based on an input to edit content received from a creator terminal in par 0113: “A user controlling the game character 920 within the impression area and facing the advertisement 910 will be able to view the advertisement 910. That is, an impression will be established for the advertisement 910 as would normally occur in the real world (e.g., while the user is standing in front of a billboard). Alternatively, if the game character 920 is not within the impression area 930 as defined by first ray 970, second ray 980 and surface vector 940, then no impression is generated.” Under a broadest reasonable interpretation, the character moving into the impression area teaches input to edit content (the character position) and then the second content has an impression for the user.
Per claim 10, Datta teaches the limitations of claim 9, above. Datta further teaches wherein the input to edit the first content is based on engagement data
acquired in real time in par 0113: “A user controlling the game character 920 within the impression area and facing the advertisement 910 will be able to view the advertisement 910. That is, an impression will be established for the advertisement 910 as would normally occur in the real world (e.g., while the user is standing in front of a billboard). Alternatively, if the game character 920 is not within the impression area 930 as defined by first ray 970, second ray 980 and surface vector 940, then no impression is generated.” Under a broadest reasonable interpretation, this occurs in real time as it is during gameplay.
Per claim 11, Datta teaches the limitations of claim 7, above. Datta further teaches wherein the second content is edited automatically in par 0151: “While real-time advertisements may be more realistic, ensuring an impression becomes more difficult relative the portion of the advertisement the user viewed as has been previously noted. Certain impression, especially in the real-time video and audio sense, may be subject to ongoing impression limitations. For example, an impression may constitute viewing 30 seconds of a one minute advertisement. The user may, at one point in the game, view a first 10-seconds of the advertisement, view a second 10-seconds at a different point in the game and view yet another 10-seconds at another point in the game. In this instance, the user--albeit piecemeal--may have viewed enough of the ad over the course of time to constitute an impression.” Under a broadest reasonable interpretation, the editing is done automatically because it is dependent on a character only seeing an advertisement for 10 seconds, to then save the rest of the advertising for later.
Per claim 12, Datta teaches the limitations of claim 1, above. Datta further teaches wherein the second content is determined based on an analysis result in accordance with a change scenario generated in advance and stored by a content server in par 0104: “One such inventive component--tracking what advertisements the user sees--involves monitoring the view perspective of the user (e.g., the point-of-view of the game character or of the actual user via a game camera) and calculating when the user has experienced an ad impression. One embodiment of this method further allows for object occlusion detection. Such impression information may then be returned to an ad server 130 or other component of the system 100 as described in FIG. 2.” The impression returned to the ad server then determines the second content.
Per claim 13, Datta teaches the limitations of claim 1, above. Datta further teaches wherein the first content is presented in a first metaverse and a second metaverse in par 0105 where the game teaches a metaverse: “FIG. 8 illustrates line-of-sight obstacles as may be found in a game environment 800. FIG. 8 illustrates a game character 810 (as reflected by the camera icon), an advertisement 820, one or more obstacles 830-880 and line-of-sight 890 relative the game character 810 and its current viewing orientation to the advertisement 820. It should be noted that any references to a game character in the present disclosure is also inclusive of a game camera as to include various points-of-view of the game character of the video game as well as that of the actual user.” Then see par 0110 where a record store is a different metaverse: “The game character 920 may enter this particular portion of the game environment 900 (the record store) through, for example, an entryway 960. As can be seen in FIG. 9, the game character 920, upon initial entry into the game environment 900, may be standing directly adjacent to and oriented toward the advertisement 910. Due to the positioning of the game character 920 relative the advertisement 910, however, the game character may not be able to actually see or be exposed to the advertisement 910 regardless of the orientation of the game character 920 in the general direction of the poster (advertisement 910).”
Per claim 14, Datta teaches the limitations of claim 13, above. Datta further teaches wherein the circuitry acquires a first engagement data with respect to the presentation of the first content in the first metaverse and acquires a second engagement data with respect to the presentation of the first content in the second metaverse in par 0105 where the game teaches a metaverse: “FIG. 8 illustrates line-of-sight obstacles as may be found in a game environment 800. FIG. 8 illustrates a game character 810 (as reflected by the camera icon), an advertisement 820, one or more obstacles 830-880 and line-of-sight 890 relative the game character 810 and its current viewing orientation to the advertisement 820. It should be noted that any references to a game character in the present disclosure is also inclusive of a game camera as to include various points-of-view of the game character of the video game as well as that of the actual user.” Then see par 0110 where a record store is a different metaverse: “The game character 920 may enter this particular portion of the game environment 900 (the record store) through, for example, an entryway 960. As can be seen in FIG. 9, the game character 920, upon initial entry into the game environment 900, may be standing directly adjacent to and oriented toward the advertisement 910. Due to the positioning of the game character 920 relative the advertisement 910, however, the game character may not be able to actually see or be exposed to the advertisement 910 regardless of the orientation of the game character 920 in the general direction of the poster (advertisement 910).” Under a broadest reasonable interpretation, the advertisements are the first content (as opposed to the game or the music – see par 077).
Per claim 15, Datta teaches the limitations of claim 14, above. Datta further teaches wherein the circuitry acquires a plurality of types of the first engagement data with respect to the presentation of the first content in the first metaverse and a plurality of types of the second engagement data with respect to the presentation of the first content in the second metaverse in par 0105 where the game teaches a metaverse: “FIG. 8 illustrates line-of-sight obstacles as may be found in a game environment 800. FIG. 8 illustrates a game character 810 (as reflected by the camera icon), an advertisement 820, one or more obstacles 830-880 and line-of-sight 890 relative the game character 810 and its current viewing orientation to the advertisement 820. It should be noted that any references to a game character in the present disclosure is also inclusive of a game camera as to include various points-of-view of the game character of the video game as well as that of the actual user.” Then see par 0110 where a record store is a different metaverse: “The game character 920 may enter this particular portion of the game environment 900 (the record store) through, for example, an entryway 960. As can be seen in FIG. 9, the game character 920, upon initial entry into the game environment 900, may be standing directly adjacent to and oriented toward the advertisement 910. Due to the positioning of the game character 920 relative the advertisement 910, however, the game character may not be able to actually see or be exposed to the advertisement 910 regardless of the orientation of the game character 920 in the general direction of the poster (advertisement 910).”
Per claim 16, Datta teaches the limitations of claim 14, above. Datta further teaches behaviors included in the plurality of types of the first engagement data are determined for the first metaverse based on a first engagement data definition list generated for the first metaverse, and wherein behaviors included in the plurality of types of the second engagement data are determined for the second metaverse based on a second engagement data definition list generated for the second metaverse in par 0105 where the game teaches a metaverse: “FIG. 8 illustrates line-of-sight obstacles as may be found in a game environment 800. FIG. 8 illustrates a game character 810 (as reflected by the camera icon), an advertisement 820, one or more obstacles 830-880 and line-of-sight 890 relative the game character 810 and its current viewing orientation to the advertisement 820. It should be noted that any references to a game character in the present disclosure is also inclusive of a game camera as to include various points-of-view of the game character of the video game as well as that of the actual user.” Then see par 0110 where a record store is a different metaverse: “The game character 920 may enter this particular portion of the game environment 900 (the record store) through, for example, an entryway 960. As can be seen in FIG. 9, the game character 920, upon initial entry into the game environment 900, may be standing directly adjacent to and oriented toward the advertisement 910. Due to the positioning of the game character 920 relative the advertisement 910, however, the game character may not be able to actually see or be exposed to the advertisement 910 regardless of the orientation of the game character 920 in the general direction of the poster (advertisement 910).” Behaviors in first are line of sight and in second cannot see the advertisement so there is no engagement.
Per claim 17, Datta teaches the limitations of claim 14, above. Datta further teaches the second content presented in the first metaverse is determined based on the acquired first engagement data in par 0151: “While real-time advertisements may be more realistic, ensuring an impression becomes more difficult relative the portion of the advertisement the user viewed as has been previously noted. Certain impression, especially in the real-time video and audio sense, may be subject to ongoing impression limitations. For example, an impression may constitute viewing 30 seconds of a one minute advertisement. The user may, at one point in the game, view a first 10-seconds of the advertisement, view a second 10-seconds at a different point in the game and view yet another 10-seconds at another point in the game. In this instance, the user--albeit piecemeal--may have viewed enough of the ad over the course of time to constitute an impression.” Under a broadest reasonable interpretation, the editing is done automatically because it is dependent on a character only seeing an advertisement for 10 seconds, to then save the rest of the advertising for later.
Datta then teaches and a third content presented in the second metaverse is determined based on the acquired second engagement data, and wherein the first, second, and third contents are different from each other in par 0110: “The game character 920 may enter this particular portion of the game environment 900 (the record store) through, for example, an entryway 960. As can be seen in FIG. 9, the game character 920, upon initial entry into the game environment 900, may be standing directly adjacent to and oriented toward the advertisement 910. Due to the positioning of the game character 920 relative the advertisement 910, however, the game character may not be able to actually see or be exposed to the advertisement 910 regardless of the orientation of the game character 920 in the general direction of the poster (advertisement 910).” Third content is loaded is taught in par 080: “As such, it is necessary for video games to identify references points in the video game environment (e.g., physical points in the video game or subject to the accomplishment of certain tasks or reaching a certain level) to determine when the in-game advertising system 100 should begin to be accessed to acquire the necessary advertising information. For example, while a user may not have yet reached a billboard tagged to render advertising information, the user may have surpassed a reference point earlier in the game such the content begins to load in the background to provide for instant rendering when the user finally does reach the billboard. An example of such dynamic loading methodology is described in U.S. Pat. No. 6,764,403, which is incorporated herein by reference.” Content being different is taught because it is based on physical points or the accomplishment of certain tasks.
Per claim 18, Datta teaches the limitations of claim 1, above. Datta further teaches wherein the circuitry initiates presentation of the second content by the user terminal for the second period only when the engagement data acquired from the user terminal in relation to the presentation of the first content for the first period is confirmed to be valid in par 0151: “While real-time advertisements may be more realistic, ensuring an impression becomes more difficult relative the portion of the advertisement the user viewed as has been previously noted. Certain impression, especially in the real-time video and audio sense, may be subject to ongoing impression limitations. For example, an impression may constitute viewing 30 seconds of a one minute advertisement. The user may, at one point in the game, view a first 10-seconds of the advertisement, view a second 10-seconds at a different point in the game and view yet another 10-seconds at another point in the game. In this instance, the user--albeit piecemeal--may have viewed enough of the ad over the course of time to constitute an impression.”
Therefore, claims 1-4 and 6-20 are rejected under 35 USC 102.
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.
The factual inquiries 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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Datta et al., US PGPUB 20070079331 A1 (“Datta”) in view of Dellow, US PGPUB 20100254536 A1 (“Dellow”).
Per claim 5, Datta teaches the limitations of claim 4, above. Datta does not teach wherein the circuitry blocks the presentation of the second content by the user terminal by transmitting information preventing the second content from being decrypted.
Dellow teaches controlling modes in devices. See abstract.
Dellow teaches wherein the circuitry blocks the presentation of the second content by the user terminal by transmitting information preventing the second content from being decrypted in par 076: “In some embodiments, message processor 204 may utilize encrypter/decrypter module 214 to encrypt the contents of MKEY including KEY-3. The intended purpose of MKEY is to inform a controlled device such as STB 120, of the key with which the mode authorization message is encrypted by headend 110. Therefore, some embodiments in which STB 120 can be informed of the encryption key KEY-3 for encrypting the mode authorization message through other means may not include a separate MKEY message. For example, in embodiments that use the root key KEY-2 to encrypt the mode authorization message, no separate MKEY message is needed because KEY-2 can be derived by the STB 120 without a separate message from headend 110.”
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to modify the content provision teaching of Datta with the decryption prevention teaching of Dellow because Dellow teaches in par 007 that “The pirating of programming content by third parties and the unauthorized use of content by subscribers are significant concerns to service providers. Conditional access is a framework used in many broadcast media distribution systems to prevent or reduce the pirating and unauthorized use of content.” As this would prevent pirated material and unauthorized use one would be motivated to combine Datta and Dellow so that only authorized content could be viewed by the end user. This would prevent copyright violations occurring which would protect content distributors from liability. For these reasons one would be motivated to modify Datta with Dellow.
Therefore, claim 5 is rejected under 35 USC 103.
Prior Art Made of Record
The following prior art is considered relevant to Applicant’s disclosure but is not relied upon in the above rejection:
Parkin, Tim, “In-Game Advertising: A Marketer’s Guide,” [online], available at: https://martech.org/in-game-advertising-a-marketers-guide/ published on March 10, 2023.
Teaches on page 3 that algorithms place the ads dynamically.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD W. CRANDALL whose telephone number is (313)446-6562. The examiner can normally be reached M - F, 8:00 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571) 270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RICHARD W. CRANDALL/ Primary Examiner, Art Unit 3619