DETAILED ACTION
Status of the Application
Claims 1-20 are pending and currently under consideration for patentability under 37 CFR 1.104.
Priority
The instant application has a filing date of May 19, 2025, and claims priority as a continuation (CON) of US non-provisional Application # 16/510,468 (since issued as US Patent No. 12,307,483 - which has a filing date of July 12, 2019, which claims for the benefit of prior-filed provisional application # 62/697,300 (which was filed on July 12, 2018).
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 19, 2025 has been considered by the examiner.
Claim Objections
Claim 19 is objected to because of the following informalities: --collegiate-- should be inserted to replace “collegian”. Examiner believes use of the word “collegian” is a typo, as sports teams do not belong to students themselves. Appropriate correction is required.
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.
v Claim(s) 1, 2, 4-15, and 17-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1:
Claim(s) 12-15 and 17-20 is/are drawn to methods (i.e., a process), claim(s) 1, 2, and 4-11 is/are drawn to systems (i.e., a machine/manufacture). As such, claims 1, 2, 4-15, and 17-20 is/are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Claim 1 (representative of independent claim(s) 12) recites/describes the following steps;
store a data structure that includes specification information for advertising spaces for a plurality of venues, the specification information for each advertising space including: at least one of a date, a time, or a game that each of the advertising spaces is available for purchase, a base purchase price, a number of units that are available for the at least one of the date, the time, or the game, and a preview picture including a pictorial representation of the respective advertising space and a venue area around the advertising space;
enable a display and purchase of the advertising spaces in the venues
receive a selection…of an advertising space for a specified date that corresponds to a game for a particular venue;
determine an adjustment to the base purchase price based on the game for the particular venue and a remaining number of units of the advertising space that are available for the game;
select the preview picture of the advertising space…based on the user device selection of the advertising space for the specified venue;
prompt[[s]] a user to provide advertising content for the selected advertising space…including the preview picture of the advertising space with the pictorial representation of the advertising space;
receive…advertising content
apply the advertising content to the pictorial representation of the advertising space;
render the preview picture with the pictorial representation of the advertising space containing the advertising content;
display the pictorial representation of the advertising space containing the advertising content;
receive an acceptance to compete a purchase of the advertising space for the advertising content;
reserve the advertising space, for the adjusted base purchase price, for the received advertising content for the specified date that corresponds to the game for the particular venue;
determine…a venue operator that is associated with the reserved advertising space
transmit the advertising content…after the advertising content has been reserved for the specified date for the particular venue
These steps, under its broadest reasonable interpretation, describe or set-forth a process for selling/purchasing advertising space in a venue. More specifically, the process includes storing data about available inventory at venues (including at least one of a date, a time, or a game that each of the advertising spaces is available for purchase, a base purchase price, a number of units that are available for the at least one of the date, the time, or the game, and a preview picture including a pictorial representation of the respective advertising space and a venue area around the advertising space), displaying the potential inventory for purchase, receiving a selection of a space for purchase, determining an adjustment to the base purchase price based on the game for the particular venue and a remaining number of units of the advertising space that are available for the game, prompting a purchaser for their advertising content along with a preview picture of the selected space, receiving the purchasers advertising content, generating a presenting a preview rending of what the space will/would look like with their advertising content displayed in the selected ad space, receiving acceptance to purchase the space, reserving the space for he adjusted base price, and determining a venue operator that is associated with the reserved advertising space (and sending them the advertisement). This process amounts to a commercial or legal interactions (specifically, an advertising, marketing or sales activity or behavior; business relations). These limitations therefore fall within the “certain methods of organizing human activity” subject matter grouping of abstract ideas.
As such, the Examiner concludes that claim 1 recites an abstract idea (Step 2A – Prong One: YES).
Independent claim(s) 12 recite/describe nearly identical steps (and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis.
Each of the depending claims likewise recite/describe these steps (by incorporation - and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this/these claim(s) is/are therefore determined to recite an abstract idea under the same analysis. Any element(s) recited in a dependent claim that are not specifically identified/addressed by the Examiner under step 2A (prong two) or step 2B of this analysis shall be understood to be an additional part of the abstract idea recited by that particular claim. The same reasoning is similarly applicable to the limitations in the remaining dependent claims, and their respective limitations are not reproduced here for the sake of brevity.
Step 2A - Prong Two:
In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “addition element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
The claim(s) recite the additional elements/limitations of
“a computerized sponsorship exchange system comprising: a memory device configured to…an interface controller configured to.. and a processor communicatively coupled to the memory device and the interface controller, the processor in cooperation with the interface controller configured to… from the memory device…” (claim 1)
“a computerized sponsorship exchange method…in a memory device…in a processor…via the processor…via the processor…via the processor…in the processor…via the processor…via the processor…via the processor…via the processor…in the processor” (claim 12)
“provide interactive user interfaces for user devices to enable a display…from a user device…cause the user device to display an upload interactive user interface that prompts…the upload interactive user interface including the preview picture…receive a file containing advertising content from the user device…cause the user device to display the pictorial representation…determine a server of a venue operator…transmit…to the determined server” (claims 1 and 12)
“in the upload interactive interface” (claims 2 and 15)
“wherein the processor in cooperation with the interface controller is further configured to… from the server…in the memory device…” (claim 5)
“wherein the processor is further configured to…” (claim 6)
“wherein the processor in cooperation with the interface controller is further configured to …in the memory device…” (claims 9-11)
“causing the video of the advertising content to play within a media player that has a display area formatted to correspond to the pictorial representation of the advertising space” (claim 10)
“via the processor…to the server…” (claim 13)
“via the processor…via the processor…via the processor, the user device to…” (claim 14)
“via the processor” (claim 17)
“in the processor…from the user device…via the processor, the memory device…via the processor to the user device…” (claim 20)
The requirement to execute the claimed steps/functions using “a computerized sponsorship exchange system comprising: a memory device configured to…an interface controller configured to.. and a processor communicatively coupled to the memory device and the interface controller, the processor in cooperation with the interface controller configured to… from the memory device…” (claim 1) or “a computerized sponsorship exchange method…in a memory device…in a processor…via the processor…via the processor…via the processor…in the processor…via the processor…via the processor…via the processor…via the processor…in the processor” (claim 12) and/or the recitation of “wherein the processor in cooperation with the interface controller is further configured to… from the server…in the memory device…” (claim 5) and/or the recitation of “wherein the processor is further configured to…” (claim 6) and/or the recitation of “wherein the processor in cooperation with the interface controller is further configured to …in the memory device…” (claims 9-11) and/or the recitation of “via the processor…to the server…” (claim 13) and/or the recitation of “via the processor…via the processor…via the processor, the user device to…” (claim 14) and/or the recitation of “via the processor” (claim 17) and/or the recitation of “in the processor…from the user device…via the processor, the memory device…via the processor to the user device…” (claim 20) is equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. Applicant’s own disclosure explains that these “additional” elements may be embodied as a general-purpose computer (e.g., the published specification at paragraphs [0111] “It will be appreciated that each of the systems, structures, methods and procedures described herein may be implemented using one or more computer program or component. These programs and components may be provided as a series of computer instructions on any conventional computer-readable medium, including random access memory (“RAM”), read only memory (“ROM”), flash memory, magnetic or optical disks, optical memory, or other storage media, and combinations and derivatives thereof. The instructions may be configured to be executed by a processor, which when executing the series of computer instructions performs or facilitates the performance of all or part of the disclosed methods and procedures”, [0037]-[0038] “The system 100 includes a management server 102 that is configured to host one or more systems, algorithms, applications, websites, interactive interfaces, application programming interfaces (“APIs”), etc. that provide for the management of sponsorships. The system 100 also includes a plurality of venue operator servers 104 and 106 that are configured for the management of advertising space within respective venues 108 and 110. The system 100 further comprises advertiser terminals 112 and 114 (e.g., user devices). While FIG. 1 shows two venue operator servers 104 and 106 and two advertiser terminals 112 and 114, the example management server 102 is configured to operate or provide services for tens to hundreds or thousands of venue operators and advertiser terminals. The example venue operator servers 104 and 106 may include any venue management system. The venue operator servers 104 and 106 connect to the management server 102 via a network 118 (e.g., the Internet and/or a cellular network). As described in more detail below, the venue operator servers 104 and 106 provide venue sponsorship parameters or specification information for selling sponsorship opportunities. The venue operator servers 104 and 106 may include any processor, computer, workstation, laptop computer, smartphone, tablet computer, etc. In some embodiments, the venue operator servers 104 and 106 are communicatively coupled to the respective venues 108 and 110 to transmit one or more messages for the display of advertising or sports-related content. For example, the venue operator servers 104 and 10”, see also [0046]-[0051]). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(f)).
The recited additional element(s) of “provide interactive user interfaces for user devices to enable a display…from a user device…cause the user device to display an upload interactive user interface that prompts…the upload interactive user interface including the preview picture…receive a file containing advertising content from the user device…cause the user device to display the pictorial representation…determine a server of a venue operator…transmit…to the determined server” (claims 1 and 12) and/or “in the upload interactive interface” (claims 2 and 15) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. Specifically, it/they serve(s) to limit the application of the abstract idea to computing environments, such as distributed computing environments and/or the internet, where information is represented digitally, exchanged between computers over a network, and presented using graphical user interfaces. Furthermore, the limitation of “causing the video of the advertising content to play within a media player that has a display area formatted to correspond to the pictorial representation of the advertising space” (claim 10) serves merely to limit the abstract idea to certain digital forms of advertising and advertising spaces/displays (specifically, digital video ads), as opposed to physical forms of advertising (e.g., printed pictures on small billboards or ad space areas). This reasoning was demonstrated in Bilski, where it was determined that certain claim elements limiting the basic concept of hedging to commodities and energy markets (merely limiting an abstract idea to one field of use) did not make the concept patentable. This reasoning was demonstrated in Intellectual Ventures I LLC v. Capital One Bank (Fed. Cir. 2015), where the court determined "an abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(g)).
The recited element(s) of “determine a server of a venue operator that is associated with the reserved advertising space; and transmit the advertising content to the determined server after the advertising content has been reserved for the specified date for the particular venue”, even if considered to be an “additional” element for the purpose of the eligibility analysis (which the Examiner maintains they are not), would simply append insignificant extra-solution activity to the judicial exception, (e.g., mere post-solution activity in conjunction with an abstract idea). The term “extra-solution activity” is understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. The recited additional element(s) do are deemed “extra-solution” because all uses of the recited judicial exceptions require such data output, and because such solution-outputting/transmission steps have long been held to be insignificant pre/post-solution activity. This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (see MPEP 2106.05(h) and (g)).
Furthermore, although the claims recite a specific sequence of computer-implemented functions, and although the specification suggests certain functions may be advantageous for various reasons (e.g., business reasons), the Examiner has determined that the ordered combination of claim elements (i.e., the claims as a whole) are not directed to an improvement to computer functionality/capabilities, an improvement to a computer-related technology or technological environment, and do not amount to a technology-based solution to a technology-based problem. For example, Applicant’s published specification suggests that it is advantageous to implement the claimed business process because traditionally buying/selling of ad space is a tedious manual process and use of computers/computer networks and digital ads reduces manual burden, and because displaying a preview picture of the ad space can increase buyer satisfaction (see, for example, Applicant’s published disclosure at paragraphs [0002]-[0004] ). These are non-technical business advantages/improvements. At most, the ordered combination of claim elements is directed to a non-technical improvement to an abstract idea itself (e.g., an improved advertising process for selling/purchasing advertising space in a venue).
Dependent claims 4, 7, 8, 18, and 19 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims 4, 7, 8, 18, and 19 is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea recited in each respective claim). For example, claim 4 recites “wherein the blank section includes at least one of a blank screen or scoreboard, a greyed-out area, a blacked-out area, or a graphic indicative of the space parameters”. This is an abstract limitation which further sets forth the abstract idea encompassed by claim 4. This limitation is not an “additional element”, and therefore it is not subject to further analysis under Step 2A- Prong Two or Step 2B. The same logic applies to each of the other dependent claims, whose limitations are not being repeated here for the sake of brevity and clarity. With respect to the other dependent claims not specifically listed here - each of the limitations/elements recited in these dependent claims other than those identified as being “additional” elements above (at the beginning of the Prong One analysis), are further part of the abstract idea encompassed by each respective dependent claim (i.e. it should be understood that these limitations are part of the abstract idea recited in each respective claim).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B:
In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception. This analysis is also termed a search for an "inventive concept." An "inventive concept" is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself. Alice Corp., 134 S. Ct. at 2355, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966)
As discussed above in “Step 2A – Prong 2”, the requirement to execute the claimed steps/functions using “a computerized sponsorship exchange system comprising: a memory device configured to…an interface controller configured to.. and a processor communicatively coupled to the memory device and the interface controller, the processor in cooperation with the interface controller configured to… from the memory device…” (claim 1) or “a computerized sponsorship exchange method…in a memory device…in a processor…via the processor…via the processor…via the processor…in the processor…via the processor…via the processor…via the processor…via the processor…in the processor” (claim 12) and/or the recitation of “wherein the processor in cooperation with the interface controller is further configured to… from the server…in the memory device…” (claim 5) and/or the recitation of “wherein the processor is further configured to…” (claim 6) and/or the recitation of “wherein the processor in cooperation with the interface controller is further configured to …in the memory device…” (claims 9-11) and/or the recitation of “via the processor…to the server…” (claim 13) and/or the recitation of “via the processor…via the processor…via the processor, the user device to…” (claim 14) and/or the recitation of “via the processor” (claim 17) and/or the recitation of “in the processor…from the user device…via the processor, the memory device…via the processor to the user device…” (claim 20) is equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer. These limitations therefore do not qualify as “significantly more” (see MPEP 2106.05(f)).
As discussed above in “Step 2A – Prong 2”, the recited additional element(s) of “provide interactive user interfaces for user devices to enable a display…from a user device…cause the user device to display an upload interactive user interface that prompts…the upload interactive user interface including the preview picture…receive a file containing advertising content from the user device…cause the user device to display the pictorial representation…determine a server of a venue operator…transmit…to the determined server” (claims 1 and 12) and/or “in the upload interactive interface” (claims 2 and 15) serves merely to generally link the use of the judicial exception to a particular technological environment or field of use. These limitations therefore do not qualify as “significantly more” (see MPEP 2106.05(g)).
As discussed above in “Step 2A – Prong 2”, the recited element(s) of “determine a server of a venue operator that is associated with the reserved advertising space; and transmit the advertising content to the determined server after the advertising content has been reserved for the specified date for the particular venue”, even if considered to be an “additional” element for the purpose of the eligibility analysis (which the Examiner maintains they are not), would simply append insignificant extra-solution activity to the judicial exception, (e.g., mere post-solution activity in conjunction with an abstract idea). These element(s), taken individually or in combination, additionally amount to well-understood, routine and conventional activities previously known to the industry, specified at a high level of generality, appended to the judicial exception. These elements, taken individually or in combination, are well-understood, routine and conventional to those in the field of adverising. These limitations therefore do not qualify as “significantly more”. (see MPEP 2106.05(d)). This conclusion is based on a factual determination. The determination that receiving data/messages over a network is well-understood, routine, and conventional is supported by Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014), and MPEP 2106.05(d)(II), which note the well-understood, routine, conventional nature of receiving data/messages over a network. Furthermore, Examiner takes Official Notice that these steps were well-understood, routine, and conventional at the effective filing date of the claimed invention. Furthermore, the lack of technical detail/description in Applicant’s own specification provides implicit evidence that these steps were well-understood, routine, and conventional.
Viewing the additional limitations in combination also shows that they fail to ensure the claims amount to significantly more than the abstract idea. When considered as an ordered combination, the additional components of the claims add nothing that is not already present when considered separately, and thus simply append the abstract idea with words equivalent to “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer, generally link the abstract idea to a particular technological environment or field of use, append the abstract idea with insignificant extra solution activity associated with the implementation of the judicial exception, (e.g., mere data gathering, post-solution activity), and appended with well-understood, routine and conventional activities previously known to the industry.
Dependent claims 4, 7, 8, 18, and 19 fail to include any additional elements. In other words, each of the limitations/elements recited in respective dependent claims 4, 7, 8, 18, and 19 is/are further part of the abstract idea as identified by the Examiner for each respective dependent claim (i.e. they are part of the abstract idea identified by the Examiner to which each respective claim is directed).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Examiner notes that dependent claims 3 and 16 recite a combination of additional elements such that the claims as a whole are integrated into a practical application of the recited abstract idea in a manner that imposes a meaningful limit on the abstract idea. Specifically, the claims require “after the file is received in the processor from the user device, compare a resolution of the received advertising content to a minimum resolution threshold provided within the specification information for the advertising space that is stored in the memory device; when the resolution of the received advertising content is below the minimum resolution threshold of the advertising space, cause the user device to display an error message without rendering or displaying the advertising content; when the resolution of the received advertising content is greater than the minimum resolution threshold of the advertising space, adjust the advertising content based on the space parameters to fit within the second area of the pictorial representation of the advertising space; and at least one of: replace the blank section of the pictorial representation of the advertising space with the adjusted advertising content, or apply the adjusted advertising content to the blank section of the pictorial representation of the advertising space” which sufficiently limits the use of any recited abstract ideas to a practical application of that/those idea(s), thereby applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 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.
v Claims 1, 2, 4, 5, 11-15, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jingle et al. (U.S. PG Pub No. 2016/0071167, March 10, 2016 - hereinafter "Jingle”) in view of Katz et al. (U.S. PG Pub No. 2018/0084310 March 22, 2018 - hereinafter "Katz”) in view of Dixon et al. (U.S. PG Pub No. 2009/0276317 November 5, 2009 - hereinafter "Dixon”) in view of Mayfield (U.S. Patent No. 8,862,500, October 14, 2014 - hereinafter "Mayfield”)
With respect to claims 1 and 12, Jingle teaches a computerized sponsorship exchange system, and a computerized sponsorship exchange method comprising;
a memory device configured to ([0003] “computing device includes a processor and a memory coupled to the processor. The memory includes computer-executable instructions that, when executed by the processor, cause the computing device to…” – i.e., memory device configured to, see also [0032]-[0048]) with specific emphasis on [0044]-[0048] for structure of the server(s))
store a data structure that includes specification information for advertising spaces for a plurality of venues, the specification information for each advertising space including: ([0027] “An owner/operator of a digital media device uses a management system that allows for the administration of their digital media device inventory, time slot management, and listings”, [0033] “Database 10 may store auction data, advertising space data, advertiser account and/or profile data, seller account and/or profile data, templates, etc.” – ad space data stored in server database)
at least one of a date, a time, or a game that each of the advertising spaces is available for purchase, ([0050]-[0053] “manage their asset inventory (e.g., the digital media devices owned and/or operated), their advertising time slots available on those assets…digital media device owners 450…create and manage asset inventories and profiles (including, for example, geographic location, size of asset, display characteristics, etc.), create and manage available time slots for assets in the owner's inventory, create listings of advertising time slots for sale via auction and/or buy now, and conclude sales made through system 60” – time slots information for each digital media device ( at least a time of each ad space) is stored as inventory info, digital media devices may be specifically associated with a venue (e.g., per Fig 32 which shows searching for display devices in certain venues as well such as “stadiums & Arenas”), see also [0060]-[0065], [0072]-[0073] “each buy plan has details…date range…evaluates it against active listings in the system” – therefore the listings have associated dates as well)
a base purchase price, ([0004] “the electronic listing includes a buy now price” – the buy now price listed by the ad space owner is a “base purchase price”)
a number of units that are available for the at least one of the date, the time, or the game, and ([0060]-[0063] & [0072] the system maintains inventory listing information for all available inventory for the time slots and dates/date ranges (and other criteria) for matching against buyer criteria there therefore ad space specification info includes a number of units that are available for the at least date/time, see also Fig 16 tag 950)
a preview picture including a pictorial representation of the respective advertising space and a venue area around the advertising space; ([0065] “Each listing is associated with at least one of the owner/operator's electronic digital media assets…Each listing will contain…pictures of the sign and/or surrounding area, a sales marketing brochure can be associated with the listing…The listing can be…for public viewing and purchase by buyer end user (as well as, professional user) 470” – therefore each ad space includes a preview picture of the listed asset with surrounding area, listings may be in a venue such as stadium arena per Fig 32)
an interface controller configured to provide interactive user interfaces for user devices to ([0038]-[0048] “computer device 290 operated by user 300 such as client systems…may include, but is not limited to, client systems 50, workstations 240, 250, 260, 270, and 280, and mobile device 90…may also include a communication interface 330, which is communicatively couplable to a remote device 340 such as server system 10…for providing a user interface to user 300 via media output component 350…A user interface may include, among other possibilities, a web browser and client application. Web browsers enable users, such as user 300, to display and interact with media and other information typically embedded on a web page or a website from server system 10. A client application allows user 300 to interact with a server application from server system 10…Server computer device 370 may include, but is not limited to, database server 160, application transaction server 150, web server 140…server computer device 370 includes a processor 400 for executing instructions. Instructions may be stored in a memory area 430…Processor 400 is operatively coupled to a communication interface 390 such that server computer device 370 is capable of communicating with a remote device 380 such as computer device 290…” – i.e., an interface controller configured to provide interactive user interfaces for user devices, [0051] “System 60 presents a web application and/or user interface to buyer 470. Buyer 470 navigates to the web application via any Internet connected computing device, such as a personal computer, a laptop or tablet, a personal assistance device, or a mobile phone.”
enable a display and purchase of the advertising spaces in the venues; and ([0026]-[0029] “allow users to search online and purchase advertising space on electronic, digital media devices. Users of the system can include buyer end users or professional users having access to the Internet via their computing device's web browser. The system enables users to look for, bid through auction, and purchase (for example, for the buyer end user, won at auction or purchased using a buy now option; for the professional user, purchased through the buy planner) advertising space on out of home electronic, digital media devices throughout the world…A buyer end user may benefit through targeted advertising to a particular audience through out of home electronic, digital media once purchased. A buyer desiring to advertise on this media, while on the Internet, is be able to look for and purchase available advertising space anywhere throughout the world…A professional buyer desiring to advertise on this media, while on the Internet, is be able to create a buy plan establishing regions, categories, postal codes with a radius, demographics and a budget can evaluate the multiple active listings meeting their criteria. Once a user is satisfied with the query results, they can immediately purchase the listings meeting their criteria”, [0051] “user interface…navigate through the auction web application, search posted media time slot listings, evaluate listing details for applicability with their desired target audience and location for advertising, bid on listings, purchase (without auction) listed advertising via a buy now operation, and purchase listings won at auction or through a buy now.” “Fig 9, Fig 32 interface enables searching for display devices in certain venues as well such as “stadiums & Arenas”, [0054] “potential listings…presents the results to the buyer end user…for evaluation”, see also [0073]))
a processor communicatively coupled to the memory device and the interface controller, the processor in cooperation with the interface controller configured to: ([0003] “computing device includes a processor and a memory coupled to the processor. The memory includes computer-executable instructions that, when executed by the processor, cause the computing device to…” – i.e., a processor communicatively coupled to the memory device and the interface controller, the processor in cooperation with the interface controller configured to, see also [0032]-[0048]) with specific emphasis on [0044]-[0048] for structure of the server(s))
receive a selection, from a user device, of an advertising space for a specified date...for a particular venue; ([0051] “presents a web application and/or user interface to buyer 470. Buyer 470 navigates to the web application via any Internet connected computing device, such as a personal computer, a laptop or tablet, a personal assistance device, or a mobile phone…navigate through the auction web application, search posted media time slot listings, evaluate listing details for applicability with their desired target audience and location for advertising, bid on listings, purchase (without auction) listed advertising via a buy now operation, and purchase listings won at auction or through a buy now.” – system receives a selection, from a user device, of a desired advertising space meeting their wants/needs, [0072]-[0073] “each buy plan has details…date range…evaluates it against active listings in the system…listings that match the criteria…Those listings that match the criteria, are presented to the professional buyer end user 470 in a visual manner, as well as, in a listing” – therefore a selected listings/space may be for a specified dates as well and may further be for a particular venue (e.g., stadium/arena per Fig 32))
select the preview picture of the advertising space from the memory device based on the user device selection of the advertising space for the specified venue; ([0065] “Each listing is associated with at least one of the owner/operator's electronic digital media assets…Each listing will contain…pictures of the sign and/or surrounding area, a sales marketing brochure can be associated with the listing…The listing can be…for public viewing and purchase by buyer end user (as well as, professional user) 470” – therefore the system can select the preview picture of a particular advertising space from the memory device (e.g., based on the user device selection of the advertising space for the specified venue), [0073] “listings that match the criteria, are presented to the professional buyer end user 470 in a visual manner, as well as, in a listing”)
cause the user device to display an upload interactive user interface that prompts a user to provide advertising content for the selected advertising space, ([0053] “buyer end user 470 uploads advertising messaging and artwork to system 60” – therefore the system causes the user device to display an upload interactive user interface that prompts a user to provide advertising content for the selected advertising space (e.g., because the buyer interacts with the system via interfaces per [0032]-[0048]), see also [0055]-[0057])
receive a file containing advertising content from the user device; ([0053] “buyer end user 470 uploads advertising messaging and artwork to system 60”, see also [0055]-[0057])
render the preview picture with the pictorial representation of the advertising space; ([0065] “Each listing is associated with at least one of the owner/operator's electronic digital media assets…Each listing will contain…pictures of the sign and/or surrounding area, a sales marketing brochure can be associated with the listing…The listing can be…for public viewing and purchase by buyer end user (as well as, professional user) 470” – therefore the system can render the preview picture with the pictorial representation of the advertising space on the buyer device, [0073] “listings that match the criteria, are presented to the professional buyer end user 470 in a visual manner, as well as, in a listing”)
cause the user device to display the pictorial representation of the advertising space;
receive an acceptance to compete a purchase of the advertising space for the advertising content ([0065] “Each listing is associated with at least one of the owner/operator's electronic digital media assets…Each listing will contain…pictures of the sign and/or surrounding area, a sales marketing brochure can be associated with the listing…The listing can be…for public viewing and purchase by buyer end user (as well as, professional user) 470” – therefore the system can render the preview picture with the pictorial representation of the advertising space on the buyer device, [0073] “listings that match the criteria, are presented to the professional buyer end user 470 in a visual manner, as well as, in a listing”)advertising content; ([0051] “presents a web application and/or user interface to buyer 470. Buyer 470 navigates to the web application via any Internet connected computing device, such as a personal computer, a laptop or tablet, a personal assistance device, or a mobile phone…navigate through the auction web application, search posted media time slot listings, evaluate listing details for applicability with their desired target audience and location for advertising, bid on listings, purchase (without auction) listed advertising via a buy now operation, and purchase listings won at auction or through a buy now.” – system receives an acceptance to compete a purchase of the advertising space for the advertising content, [0055]-[0056] “When a desired advertising space listing is found, buyer 470 makes a decision (step 680) to either bid on or purchase (via a buy now) the listing… buyer 470 accepts (step 730) the terms and conditions of the purchase, supplies payment (step 740) (via credit card or other payment service). An invoice is generated (step 750), which is sent (step 770) via email to buyer end user 470”, see also [0072]-[0073])
reserve the advertising space, for the price, for the received advertising content for the specified date for the particular venue; ([0055]-[0056] “When a desired advertising space listing is found, buyer 470 makes a decision (step 680) to either bid on or purchase (via a buy now) the listing… buyer 470 accepts (step 730) the terms and conditions of the purchase, supplies payment (step 740) (via credit card or other payment service). An invoice is generated (step 750), which is sent (step 770) via email to buyer end user 470”, [0072]-[0073] “each buy plan has details…date range…evaluates it against active listings in the system…listings that match the criteria…” – therefore reserved ad space may be for a specified data and may further be for a particular venue (e.g., stadium/arena per Fig 32))
determine a server of a venue operator that is associated with the reserved advertising space; and transmit the advertising content to the determined server after the advertising content has been reserved for the specified date for the particular venue ([0053] “The wining buyer end user 470 uploads advertising messaging and artwork to system 60. The uploaded materials are forwarded by system 60 to owner/operator 450. The services are rendered 540 by posting, by the owner 450, the buyer's uploaded advertising on the electronic digital media device 545 according to the terms of the concluded listing” and the owner/operator may be a stadium/arena (i.e., a venue operator) per Fig 32)
Although Jingle discloses that particular ad spaces may be on display devices at particular times and dates in a stadium/arena, and although a PHSOTIA would understand that games may be played in stadiums/arenas (e.g., at the time/date), Jingle does not explicitly disclose that the specified data for the particular venue corresponds to a game for the venue. Furthermore, although Jingle discloses a base price at which a buyer can acquire rights to a display device for a specified time/date/location (e.g., stadium/venue), Jingle does not disclose determining an adjustment to this base price. Furthermore, although Jingle discloses providing preview pictures of the display device(s) to assist a buyer in identifying ad spaces to advertise on, Jingle does not disclose rendering the buyers ad content in the preview picture. Jingle does not appear to disclose,
an advertising space for a specified date that corresponds to a game for a particular venue;
determine an adjustment to the base purchase price based on the game for the particular venue and a remaining number of units of the advertising space that are available for the game;
the upload interactive user interface including the preview picture of the advertising space with the pictorial representation of the advertising space;
apply the advertising content to the pictorial representation of the advertising space;
render the preview picture with the pictorial representation of the advertising space containing the advertising content;
cause the user device to display the pictorial representation of the advertising space containing the advertising content;
reserve the advertising space, for the adjusted base purchase price, for the received advertising content for the specified date that corresponds to the game for the particular venue
However, Katz discloses a method and system for presenting advertising, and for valuation of advertising spaces, including determination of a server of a venue operator that is associated with the reserved advertising space and transmission of the advertising content to the determined server after the advertising content has been reserved for the specified date for the particular venue ([0124]-[0126] “The exchange system 1000 can facilitate matching inventory of dynamic signage from the rights holder systems 1012 with requests from the sponsor systems... Once matched, the exchange system 1000 and/or the rights older systems 1012 can transmit messages to the venue systems 1016 that control the dynamic signage at respective physical locations…The exchange system 1000 can retrieve event data…can store inventory data regarding the rights holder's dynamic signage in the venue data store 1010…the valuation service 1004 can dynamically generate valuations or bids for the time segments of the dynamic signage described below. In some embodiments, the valuations correspond to a floor price for the time segment. The valuation service 1004 can use the historical data and/or the event data to price the time segments…The exchange may enable sponsors and rights holders to buy and sell segments of time for acquisition to present sponsorship data on the dynamic signage (such as display devices) at a physical location…time segment can correspond to an interval, such as a thirty-second segment or a one-minute segment, and/or can include a start time and an end time…a rights holder system may maintain an inventory of time segments for dynamic signage at a physical location…”, [0150] “ the system can cause the dynamic signage at the physical location to present the corresponding sponsorship data for the acquired time segment. The exchange system or a rights holder system can transmit instructions to venue systems to dynamically present selected sponsorship data on the dynamic signage for the time segment. In some embodiments, the sponsorship data is presented on a display device at the physical location such that physical attendees can view the sponsorship data”). Katz further discloses
an advertising space for a specified date that corresponds to a game for a particular venue ([0003] “It is common for companies to sponsor sporting events or to otherwise place their advertisements within a sports arena. For example, a company may contract with a party having rights in an arena, team or league to place a banner within a stadium during game days, to place a logo on a team jersey, to have an advertisement displayed on digital signage within a stadium, etc. Sponsors and holders of rights in the advertising space often determine pricing and desirability of specific advertising space based in part on in-person audience attendance at the sporting event and a size of the television audience watching the sporting event at home” – therefore known for an acquirable ad space to be for a specific game within the venue/stadium/arena, [0022] “The event may be, for example…a sporting event…The event may be one in which a certain company or brand paid a venue or other entity in order to place an advertisement in the event venue, such as a sign or banner in a stadium or arena. The sign or banner may include, for example, the company's name and/or logo”, [0060]-[0063] “The system may, for example, include price benchmarking services in order to provide valuations to both sides of the sponsorship market (e.g., both sponsors and rights holders), including assisting in setting sponsorship prices at the level of an arena, team, league or other level…As stadiums develop more dynamic advertisement methods with respect to their signage within the stadium…a given stadium may have potentially dozens of different sponsor and location combinations…some of these spaces may be… rotational signs (changing advertisements displayed at set intervals)…the system may enable sponsors to bid on inventory across any selection of teams or leagues…companies interested in placing advertisements on digital signage or other dynamic signage) can bid on inventory in near-real time on a cost per 30 second basis (or otherwise time based)….when an individual player is about to break a record, when a team ranked in the top five teams in a league is playing another top five team, etc. Accordingly, as a digital sign in a stadium updates which advertisement is shown (such as every 30 seconds), the displayed advertisement may be dynamically selected as the advertisement of the highest bidder at that moment according to the real time bidding platform…”, [0121] “The advertising spaces can include…dynamic signage include rotational display devices (e.g., an LED device that can change advertisements on-demand or based on a set intervals)…LED display devices can be sold for periods of time, such as thirty second increments. Thus, the sponsor can be guaranteed that amount of advertisement time on the dynamic signage, such as for thirty seconds for each sporting event or for each sporting event of a season.”)
determine an adjustment to the base purchase price based on the game for the particular venue ([0128]-[0132] “system may retrieve historical data associated with a sporting event. In some embodiments, the historical data may be retrieved from one or more historical data providers. Historical data providers include sports databases that include sports data such as statistics, rosters, schedule data, gamelogs, team data, participant data (e.g., player data), awards, records, leaders, scores, titles, standings and/or other information…system generates a valuation for a time segment from the historical data and/or the event data…may apply one or more rules to generate a valuation for the time segment where the one or more rules may use the historical data and/or event data to value the time segment…An algorithm for generating a valuation for a time segment can include selecting a base value for a time segment…a time segment for a particular time of the season, event, time of the sporting event (e.g., Monday night, Saturday night, versus Sunday morning) may have a base starting value…If a rule is satisfied, then the base value for the time segment can be increased. In other embodiments, if a rule is satisfied, then the base value for the time segment can be decreased. In some embodiments, the delta for the adjustment to the base value can be a predetermined value for all time segments, a predetermined value for the particular rule, or a dynamically determined value…” – therefore the system can determine a valuation of an advertisement space (e.g., a period of time on a digital sign in an arena during a particular game/time/date) based on a base value (i.e., base purchase price) and a determined adjustment to this base purchase price based on the specific game for the particular venue (e.g., based on historic and/or current/real-time data associated with this game for the particular venue), see also [0135]-[0137] “If a team or participant is ranked within a threshold (e.g., if the home team and away team are each ranked in the top five in the league, or if the away team is ranked in the top five in the league). If the sporting event is a playoff game or a championship event. If the sporting event is a rubber match or game five or seven in a series” & [0151]-[0153], [0125] “During one or more sporting events, the valuation service 1004 can dynamically generate valuations or bids for the time segments of the dynamic signage described below. In some embodiments, the valuations correspond to a floor price for the time segment. The valuation service 1004 can use the historical data and/or the event data to price the time segments”, [0060]-[0063] “The system may, for example, include price benchmarking services in order to provide valuations to both sides of the sponsorship market (e.g., both sponsors and rights holders), including assisting in setting sponsorship prices at the level of an arena, team, league or other level…As stadiums develop more dynamic advertisement methods with respect to their signage within the stadium…a given stadium may have potentially dozens of different sponsor and location combinations…some of these spaces may be… rotational signs (changing advertisements displayed at set intervals)…the system may enable sponsors to bid on inventory across any selection of teams or leagues…companies interested in placing advertisements on digital signage or other dynamic signage) can bid on inventory in near-real time on a cost per 30 second basis (or otherwise time based)….raise or place a bid (with a corresponding dollar amount) when an individual player is about to break a record, when a team ranked in the top five teams in a league is playing another top five team, etc. Accordingly, as a digital sign in a stadium updates which advertisement is shown (such as every 30 seconds), the displayed advertisement may be dynamically selected as the advertisement of the highest bidder at that moment according to the real time bidding platform..”)
reserve the advertising space, for the adjusted base purchase price, for the received advertising content for the specified date that corresponds to the game for the particular venue ([0147]-[0152] “the system publishes the valuation…In response to receiving the valuation, the sponsor system can transmit a request for the first time segment for the valuation price…The rights holder system or the exchange system can accept the request from the sponsor to assign the selected time segment to the sponsor…the system can cause the dynamic signage at the physical location to present the corresponding sponsorship data for the acquired time segment. The exchange system or a rights holder system can transmit instructions to venue systems to dynamically present selected sponsorship data on the dynamic signage for the time segment. In some embodiments, the sponsorship data is presented on a display device at the physical location such that physical attendees can view the sponsorship data” – therefore sponsors can reserve the ad space for the asked for valuation (i.e., adjusted base purchase price) for the received advertising content for the specified date (per combination with Jingle) that corresponds to the game for the particular venue – Examiner notes that the base purchase price of Katz is equivalent to the floor price of Jingle and that modification of Jingle to includine substituting Katz’s adjusted based purchase price for the floor price of Jingle would mean the reservation in Jingle would be for the adjusted base purchase price, see also [0060]-[0063] & [0124]-[0126])
Katz suggests it is advantageous to wherein the an advertising space is for a specified date that corresponds to a game for a particular venue, determining an adjustment to the base purchase price based on the game for the particular venue, and reserving the advertising space, for the adjusted base purchase price, for the received advertising content for the specified date that corresponds to the game for the particular venue, because advertisers may desire to search for ad space/inventory associated with particular games at a particular venue, and because doing so can provide a more accurate valuation of an ad space (e.g., games at the venue that may have greater marketing impact, based on various information about the specific game/venue associated with the time/date) which may help increase revenue for the advertising space owners and/or brokerage system and/or which may provide a potential purchaser greater insight into a valuation of the ad space ([0128]-[0132] & [0147]-[0152] & [0060]-[0063] & [0124]-[0126] & [0003]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method of Jingle to include wherein the an advertising space is for a specified date that corresponds to a game for a particular venue, determining an adjustment to the base purchase price based on the game for the particular venue, and reserving the advertising space, for the adjusted base purchase price, for the received advertising content for the specified date that corresponds to the game for the particular venue, as taught by Katz, because advertisers may desire to search for ad space/inventory associated with particular games at a particular venue, and because doing so can provide a more accurate valuation of an ad space (e.g., games at the venue that may have greater marketing impact, based on various information about the specific game/venue associated with the time/date) which may help increase revenue for the advertising space owners and/or brokerage system and/or which may provide a potential purchaser greater insight into a valuation of the ad space.
Jingle and Katz do not appear to disclose,
determine an adjustment to the base purchase price based on a remaining number of units of the advertising space that are available for the game;
the upload interactive user interface including the preview picture of the advertising space with the pictorial representation of the advertising space;
apply the advertising content to the pictorial representation of the advertising space;
render the preview picture with the pictorial representation of the advertising space containing the advertising content;
cause the user device to display the pictorial representation of the advertising space containing the advertising content;
However, Dixon discloses a method and system for presenting advertising on digital signage devices, and for valuation of advertising spaces (abstract, including signage at a particular type of inventory such as at a stadium (Table 1 “stadium menu boards”)). Dixon further disloses
determine an adjustment to the base purchase price based on a remaining number of units of the advertising space that are available for the game ([0073]-[0080] “Rate cards" are pricing guidelines or rules associated with inventory types and inventory commitment types. Rate cards may be manually defined, system generated, or a combination of the two. For example, a rate card might be derived from a base price that is automatically adjusted…underlying business realities (e.g., whether the network is broadly oversold or undersold)…The inventory rate card generation module 115 also collects inventory type and inventory commitment type metadata from the inventory parameterization module 105 and avails data from the inventory avails module 110…it may be desirable for pricing guidelines to depend on the scarcity of available inventory, as when the managers of a network desire to charge a premium price for inventory types that are in short supply, or when the managers of a network wish to lower the price for inventory types for which there is an abundance…the rate card generation module can yield higher revenue if it has visibility into inventory avails…it might also be desirable to grant a discount to strategic partners or users of a network, in exchange for the volume of inventory they seek to reserve and/or purchase, and the duration over which they wish to use it…an excess of available inventory might depress rate card pricing”, see also [0023] & [0030]-[0031])
Dixon suggests it is advantageous to include determining an adjustment to the base purchase price based on a remaining number of units of the advertising space that are available for the game, because doing so can provide a more accurate valuation of an ad space (e.g., based on actual supply/demand for the ad spaces ) which may help to increase revenue for the advertising space owners and/or brokerage system, can optimize use of the inventory, and/or which may provide a potential purchaser greater insight into a valuation of the ad space ([0073]-[0080], [0008]-[0009], [0020] [0023], [0030])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method of Jingle in view of Katz to include determining an adjustment to the base purchase price based on a remaining number of units of the advertising space that are available for the game, as taught by Dixon, because doing so can provide a more accurate valuation of an ad space (e.g., based on actual supply/demand for the ad spaces ) which may help to increase revenue for the advertising space owners and/or brokerage system, can optimize use of the inventory, and/or which may provide a potential purchaser greater insight into a valuation of the ad space.
Furthermore, as in Dixon, it was within the capabilities of one of ordinary skill in the art to modify the system and method of Jingle in view of Katz to include demand-based pricing (i.e., determining an adjustment to the base purchase price based on a remaining number of units of the advertising space that are available for the game). Furthermore, as in Dixon, the results of doing so would have been predictable to one of ordinary skill in the art. It would have been predictable to one of ordinary skill in the art that doing so would help to increase revenue for the advertising space owners and/or brokerage system and/or would optimize use of the available inventory, and/or which may provide a more accurate valuation of the ad space, as is needed in Jingle.
Jingle, Katz, and Dixon do not appear to disclose,
the upload interactive user interface including the preview picture of the advertising space with the pictorial representation of the advertising space;
apply the advertising content to the pictorial representation of the advertising space;
render the preview picture with the pictorial representation of the advertising space containing the advertising content;
cause the user device to display the pictorial representation of the advertising space containing the advertising content;
However, Mayfield discloses a method and system for presenting advertising on digital signage devices. Mayfield further discloses,
the upload interactive user interface including the preview picture of the advertising space with the pictorial representation of the advertising space; (13:65-67 & 14:1-67 & 15:1-17 “the ability to select a billboard 636 and view more information about the billboard 636, such as an image of the billboard 636…upload or otherwise submit the image to be displayed…the billboard marketing system, when presenting images of billboards to users, such as end-users including advertisers searching for billboards, the aforementioned image processing techniques can be used to remove content of the billboards such that copyrighted images on the billboards are not displayed to the user. In an embodiment, billboards are displayed to the users with no content, with sample content, or with an advertisement of the user stored in a data store of the billboard marketing system” – therefore the system can provide a preview picture of the selected billboard/location and the user can upload the ad content they want to display on the billboard and the system can display the preview picture of the selected billboard with their uploaded ad content, Figs 5A and 5B)
apply the advertising content to the pictorial representation of the advertising space; (13:65-67 & 14:1-67 & 15:1-17 “the ability to select a billboard 636 and view more information about the billboard 636, such as an image of the billboard 636…upload or otherwise submit the image to be displayed…the billboard marketing system, when presenting images of billboards to users, such as end-users including advertisers searching for billboards, the aforementioned image processing techniques can be used to remove content of the billboards such that copyrighted images on the billboards are not displayed to the user. In an embodiment, billboards are displayed to the users with no content, with sample content, or with an advertisement of the user stored in a data store of the billboard marketing system” – therefore the system can provide a preview picture of the selected billboard/location and the user can upload the ad content they want to display on the billboard and the system can display the preview picture of the selected billboard with their uploaded ad content (i.e., apply the advertising content to the pictorial representation of the advertising space))
render the preview picture with the pictorial representation of the advertising space containing the advertising content; (13:65-67 & 14:1-67 & 15:1-17 “the ability to select a billboard 636 and view more information about the billboard 636, such as an image of the billboard 636…upload or otherwise submit the image to be displayed…the billboard marketing system, when presenting images of billboards to users, such as end-users including advertisers searching for billboards, the aforementioned image processing techniques can be used to remove content of the billboards such that copyrighted images on the billboards are not displayed to the user. In an embodiment, billboards are displayed to the users with no content, with sample content, or with an advertisement of the user stored in a data store of the billboard marketing system” – therefore the system can provide a preview picture of the selected billboard/location and the user can upload the ad content they want to display on the billboard and the system can display the preview picture of the selected billboard with their uploaded ad content (i.e., render the preview picture with the pictorial representation of the advertising space containing the advertising content))
cause the user device to display the pictorial representation of the advertising space containing the advertising content; (13:65-67 & 14:1-67 & 15:1-17 “the ability to select a billboard 636 and view more information about the billboard 636, such as an image of the billboard 636…upload or otherwise submit the image to be displayed…the billboard marketing system, when presenting images of billboards to users, such as end-users including advertisers searching for billboards, the aforementioned image processing techniques can be used to remove content of the billboards such that copyrighted images on the billboards are not displayed to the user. In an embodiment, billboards are displayed to the users with no content, with sample content, or with an advertisement of the user stored in a data store of the billboard marketing system” – therefore the system can provide a preview picture of the selected billboard/location and the user can upload the ad content they want to display on the billboard and the system can display the preview picture of the selected billboard with their uploaded ad content (i.e., cause the user device to display the pictorial representation of the advertising space containing the advertising content))
Mayfield suggests it is advantageous to include wherein the upload interactive user interface including the preview picture of the advertising space with the pictorial representation of the advertising space; apply the advertising content to the pictorial representation of the advertising space; render the preview picture with the pictorial representation of the advertising space containing the advertising content; and cause the user device to display the pictorial representation of the advertising space containing the advertising content; because doing so can enable the purchaser to see a preview of what their content will look like on the signage/display-device which may increase their satisfaction (13:65-67 & 14:1-67 & 15:1-17)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method of Jingle in view of Katz in view of Dixon to include wherein the upload interactive user interface including the preview picture of the advertising space with the pictorial representation of the advertising space; apply the advertising content to the pictorial representation of the advertising space; render the preview picture with the pictorial representation of the advertising space containing the advertising content; and cause the user device to display the pictorial representation of the advertising space containing the advertising content, as taught by Mayfield, because doing so can enable the purchaser to see a preview of what their content will look like on the signage/display-device which may increase their satisfaction
Furthermore, as in Mayfield, it was within the capabilities of one of ordinary skill in the art to modify the system and method of Jingle in view of Katz in view of Dixon to include wherein the upload interactive user interface including the preview picture of the advertising space with the pictorial representation of the advertising space; apply the advertising content to the pictorial representation of the advertising space; render the preview picture with the pictorial representation of the advertising space containing the advertising content; and cause the user device to display the pictorial representation of the advertising space containing the advertising content. Furthermore, as in Mayfield, the results of doing so would have been predictable to one of ordinary skill in the art. It would have been predictable to one of ordinary skill in the art that doing so would enable the purchaser to see a preview of what their content will look like on the signage/display-device which may increase their satisfaction, as is needed in Jingle.
With respect to claims 2 and 15, Jingle teaches the system of claim 1 and the method of claim 12;
wherein the preview picture is configured to have a first area that includes the pictorial representation of the advertising space and the venue area around the advertising space, the pictorial representation of the advertising space having a second area that is less than the first area of the preview picture, ([0065] “Each listing is associated with at least one of the owner/operator's electronic digital media assets…Each listing will contain…pictures of the sign and/or surrounding area, a sales marketing brochure can be associated with the listing…The listing can be…for public viewing and purchase by buyer end user (as well as, professional user) 470” – therefore the system can render the preview picture with the pictorial representation of the advertising space on the buyer device and this has a first area of the whole space and a second area less than this (e.g., where the content is/would be displayed), [0073] “listings that match the criteria, are presented to the professional buyer end user 470 in a visual manner, as well as, in a listing”)
Jingle, Katz, and Dixon do not appear to disclose,
the pictorial representation of the advertising space configured to be visually depicted as a blank section within the preview picture and specified by space parameters identifying at least one of a location, a boundary, or the second area of the pictorial representation of the advertising space within the first area of the preview picture, and wherein the pictorial representation of the advertising space is shown as the blank section in the upload interactive user interface
However, Mayfield discloses,
the pictorial representation of the advertising space configured to be visually depicted as a blank section within the preview picture and specified by space parameters identifying at least one of a location, a boundary, or the second area of the pictorial representation of the advertising space within the first area of the preview picture, and wherein the pictorial representation of the advertising space is shown as the blank section in the upload interactive user interface (13:65-67 & 14:1-67 & 15:1-17 “the ability to select a billboard 636 and view more information about the billboard 636, such as an image of the billboard 636…upload or otherwise submit the image to be displayed…the billboard marketing system, when presenting images of billboards to users, such as end-users including advertisers searching for billboards, the aforementioned image processing techniques can be used to remove content of the billboards such that copyrighted images on the billboards are not displayed to the user. In an embodiment, billboards are displayed to the users with no content, with sample content, or with an advertisement of the user stored in a data store of the billboard marketing system” – therefore the system can remove existing content from the preview picture of the signage and present the preview picture with a blank area and/or with the uploaded ad content, 10:5-67 “an edge detection algorithm is used on images captured by the capture device in order to identify images that possibly contain quadrilaterals or similarly shaped objects…quadrilateral formed by the edges of the billboard 502…an edge detection algorithm, such as a Canny edge detector, or other detection algorithm or combination of algorithms, is used to detect lines that likely form a quadrilateral whose edges correspond to edges of the billboard 502…” – the blank space is identified/specified by space parameters including at least a boundary or the second area of the pictorial representation of the advertisement space within the first area, see also 11:24-51)
Mayfield suggests it is advantageous to include the pictorial representation of the advertising space configured to be visually depicted as a blank section within the preview picture and specified by space parameters identifying at least one of a location, a boundary, or the second area of the pictorial representation of the advertising space within the first area of the preview picture, and wherein the pictorial representation of the advertising space is shown as the blank section in the upload interactive user interface; because doing so can enable the purchaser to see a preview of the billboard without any content as well which may increase buyer satisfaction and/or ensure copyrighted content isn’t displayed (10:5-67, 11:24-5113:65-67 & 14:1-67 & 15:1-17)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method of Jingle in view of Katz in view of Dixon to include wherein the pictorial representation of the advertising space configured to be visually depicted as a blank section within the preview picture and specified by space parameters identifying at least one of a location, a boundary, or the second area of the pictorial representation of the advertising space within the first area of the preview picture, and wherein the pictorial representation of the advertising space is shown as the blank section in the upload interactive user interface, as taught by Mayfield, because doing so can enable the purchaser to see a preview of the billboard without any content as well which may increase buyer satisfaction and/or ensure copyrighted content isn’t displayed.
With respect to claim 4, Jingle, Katz, Dixon, and Mayfield teach the system of claim 2. Jingle does not appear to disclose,
the blank section includes at least one of a blank screen or scoreboard, a greyed-out area, a blacked-out area, or a graphic indicative of the space parameters
However, Mayfield discloses,
the blank section includes at least one of a blank screen or scoreboard, a greyed-out area, a blacked-out area, or a graphic indicative of the space parameters (13:65-67 & 14:1-67 & 15:1-17 “the ability to select a billboard 636 and view more information about the billboard 636, such as an image of the billboard 636…upload or otherwise submit the image to be displayed…the billboard marketing system, when presenting images of billboards to users, such as end-users including advertisers searching for billboards, the aforementioned image processing techniques can be used to remove content of the billboards such that copyrighted images on the billboards are not displayed to the user. In an embodiment, billboards are displayed to the users with no content, with sample content, or with an advertisement of the user stored in a data store of the billboard marketing system” – therefore the system can remove existing content from the preview picture of the signage and present the preview picture with a blank area and/or with the uploaded ad content, 10:5-67 “an edge detection algorithm is used on images captured by the capture device in order to identify images that possibly contain quadrilaterals or similarly shaped objects…quadrilateral formed by the edges of the billboard 502…an edge detection algorithm, such as a Canny edge detector, or other detection algorithm or combination of algorithms, is used to detect lines that likely form a quadrilateral whose edges correspond to edges of the billboard 502…” – the blank space includes at least one of a blank screen, see also 11:24-51)
Mayfield suggests it is advantageous to include the blank section includes at least one of a blank screen or scoreboard, a greyed-out area, a blacked-out area, or a graphic indicative of the space parameters; because doing so can enable the purchaser to see a preview of the billboard without any content as well which may increase buyer satisfaction and/or ensure copyrighted content isn’t displayed (10:5-67, 11:24-5113:65-67 & 14:1-67 & 15:1-17)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jingle in view of Katz in view of Dixon to include wherein blank section includes at least one of a blank screen or scoreboard, a greyed-out area, a blacked-out area, or a graphic indicative of the space parameters, as taught by Mayfield, because doing so can enable the purchaser to see a preview of the billboard without any content as well which may increase buyer satisfaction and/or ensure copyrighted content isn’t displayed.
With respect to claim 5, Jingle teaches the system of claim 1;
wherein the processor in cooperation with the interface controller is further configured to: receive feedback data from the server, the feedback data including a confirmation that the advertising content was displayed at the reserved advertising space for the specified date for the particular venue; and ([0057] “the owner/operator 450 of the electronic digital media device. The owner/operator processes (step 790) the advertising message and artwork onto the electronic digital media device…The owner/operator 450 verifies and validates (step 800) that the advertising took place on the electronic digital media device. This verification is available for buyer end user 470 and can be uploaded (step 810) to system 60 for communication (step 820) to buyer end user 470” – therefore the server receives feedback data from the owner/operator server including a confirmation that the advertising content was displayed at the reserved advertising space for the specified date for the particular venue, [0066] “Proof of play is a file that contains proof that the advertisement was played on the digital media device and can be made up of timestamp entries marked by the digital media device at the time of play. It can also include a picture of the advertisement on the digital media device itself. The owner/operator 450 can create, update, and delete (step 1120) this proof of play file with the listing which is uploaded and sent to the buyer end user 470 for their evaluation.”, [0071] “the buy planner system 1065 includes several tools…a proof of play review toolset 1270 to review the results of the advertising played on the electronic media devices”)
store the feedback data in the memory device in conjunction with a record of the completed purchase of the advertising space for the advertising content ([0066] “Proof of play is a file that contains proof that the advertisement was played on the digital media device and can be made up of timestamp entries marked by the digital media device at the time of play. It can also include a picture of the advertisement on the digital media device itself. The owner/operator 450 can create, update, and delete (step 1120) this proof of play file with the listing which is uploaded and sent to the buyer end user 470 for their evaluation.”, [0057] “the owner/operator 450 of the electronic digital media device. The owner/operator processes (step 790) the advertising message and artwork onto the electronic digital media device…The owner/operator 450 verifies and validates (step 800) that the advertising took place on the electronic digital media device. This verification is available for buyer end user 470 and can be uploaded (step 810) to system 60 for communication (step 820) to buyer end user 470” , [0071] “the buy planner system 1065 includes several tools…a proof of play review toolset 1270 to review the results of the advertising played on the electronic media devices”)
With respect to claim 11, Jingle teaches the system of claim 1;
wherein the interface controller in conjunction with the processor is configured to enable the advertising space to be selected during a session with other advertising spaces from the venue or different venues as part of a package purchase ([005] can select/purchase one or more (i.e., a “package purchase”), [0029] purchase plural listings)
With respect to claim 13, Jingle teaches the method of claim 12;
further comprising transmitting, via the processor, a message to the server including information indicative of the advertising space and the specified date that corresponds to the game ([0004] “generate, based on advertising space data provided by a digital media device owner, an electronic listing of an advertising space available for purchase, the electronic listing including a buy now price” – therefore the server received a message including information indicative of the advertising space, [0050] “digital media device owners 450, also referred to as owner/operator 450, manage their asset inventory (e.g., the digital media devices owned and/or operated), their advertising time slots available on those assets, and the formulation of the eventual listings to be offered for sale using auction system 60”, [0073] “each buy plan has details…date range…evaluates it against active listings in the system” – therefore the listings have associated dates as well, [0027] – Examiner notes that spaces that correspond to a game was already taught per the combination with Katz as discussed above)
With respect to claim 14, Jingle, Katz, Dixon, and Mayfield teach the method of claim 12. Jingle does not appear to disclose,
wherein the specification information for the advertising space further includes a minimum purchase requirement for the venue, the method further comprising: determining, via the processor, that acceptance to complete the purchase of the advertising space does not meet the minimum purchase requirement; preventing, via the processor, the completion of the purchase of the advertising space; and causing, via the processor, the user device to display information indicative that the minimum purchase requirement has not been met
However, Dixon discloses,
wherein the specification information for the advertising space further includes a minimum purchase requirement for the venue, the method further comprising: determining, via the processor, that acceptance to complete the purchase of the advertising space does not meet the minimum purchase requirement; preventing, via the processor, the completion of the purchase of the advertising space; and causing, via the processor, the user device to display information indicative that the minimum purchase requirement has not been met ([0057] “the user may input the total number of inventory types allowed, some minimum quantity of inventory that must be present for an inventory type to be included by the module”, [0070] “inventory commitments may be entirely rigid, possessing a strict assignment of inventory that must be made to satisfy the commitment…inventory commitments may be quite flexible, as when a campaign's treatments must be included on some percentage subset of the total media devices, without specifying precisely which devices must be chosen.”, [0088] “some minimal total allocation of inventory”)
Dixon suggests it is advantageous to include the specification information for the advertising space further includes a minimum purchase requirement for the venue, the method further comprising: determining, via the processor, that acceptance to complete the purchase of the advertising space does not meet the minimum purchase requirement; preventing, via the processor, the completion of the purchase of the advertising space; and causing, via the processor, the user device to display information indicative that the minimum purchase requirement has not been met; because doing so can ensure various requirements/restraints are configurable and/or enforced ([0057], [0070], [0088])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jingle in view of Katz in view of Dixon to include wherein blank section includes at least one of a blank screen or scoreboard, a greyed-out area, a blacked-out area, or a graphic indicative of the space parameters, as taught by Mayfield, because doing so can enable the purchaser to see a preview of the billboard without any content as well which may increase buyer satisfaction and/or ensure copyrighted content isn’t displayed.
With respect to claim 19, Jingle teaches the method of claim 12;
the venue includes at least one of an arena, a stadium, a center, a field, a coliseum, a park, or a pitch; and (Fig 32 “stadiums & Arenas”)
the advertising space includes at least one of a video board, a banner board, a small screen, a central scoreboard, or a jumbotron ([0049] “digital media devices (e.g., digital billboards, digital signs, etc.)” – at least a video board, [0002] “out of home electronic, digital media (e.g., digital billboards, digital signs, monitors, etc.)”)
Jingle does not appear to disclose,
wherein the game includes at least a game for professional sports teams, collegian sports teams, or amateur sports teams;
the time includes at least one of a game time, a period, a quarter, or a clock time;
However, Katz discloses,
wherein the game includes at least a game for professional sports teams, collegian sports teams, or amateur sports teams; ([0003] “It is common for companies to sponsor sporting events or to otherwise place their advertisements within a sports arena. For example, a company may contract with a party having rights in an arena, team or league to place a banner within a stadium during game days, to place a logo on a team jersey, to have an advertisement displayed on digital signage within a stadium, etc. Sponsors and holders of rights in the advertising space often determine pricing and desirability of specific advertising space based in part on in-person audience attendance at the sporting event and a size of the television audience watching the sporting event at home” – therefore at least a professional/collegiate/amateur sports team, [0060]-[0063] “The system may, for example, include price benchmarking services in order to provide valuations to both sides of the sponsorship market (e.g., both sponsors and rights holders), including assisting in setting sponsorship prices at the level of an arena, team, league or other level…As stadiums develop more dynamic advertisement methods with respect to their signage within the stadium…a given stadium may have potentially dozens of different sponsor and location combinations…some of these spaces may be… rotational signs (changing advertisements displayed at set intervals)…the system may enable sponsors to bid on inventory across any selection of teams or leagues…companies interested in placing advertisements on digital signage or other dynamic signage) can bid on inventory in near-real time on a cost per 30 second basis (or otherwise time based)….raise or place a bid (with a corresponding dollar amount) when an individual player is about to break a record, when a team ranked in the top five teams in a league is playing another top five team, etc. Accordingly, as a digital sign in a stadium updates which advertisement is shown (such as every 30 seconds), the displayed advertisement may be dynamically selected as the advertisement of the highest bidder at that moment according to the real time bidding platform..”) [0022] “The event may be, for example…a sporting event…The event may be one in which a certain company or brand paid a venue or other entity in order to place an advertisement in the event venue, such as a sign or banner in a stadium or arena. The sign or banner may include, for example, the company's name and/or logo”, [0121] “The advertising spaces can include…dynamic signage include rotational display devices (e.g., an LED device that can change advertisements on-demand or based on a set intervals)…LED display devices can be sold for periods of time, such as thirty second increments. Thus, the sponsor can be guaranteed that amount of advertisement time on the dynamic signage, such as for thirty seconds for each sporting event or for each sporting event of a season.”)
the time includes at least one of a game time, a period, a quarter, or a clock time; ([0129] “a state of the sporting event (e.g., a timeout, break, half-time, quarter, round, inning, or live gameplay), [0131]-[0132] “time of the sporting event (e.g., Monday night, Saturday night, versus Sunday morning)…time value is within a threshold (e.g., there is less than a particular number of minutes left in a sporting event),”, [0062] “if a game is in the last 2 minutes of the 4th quarter and the score is either tied or within 3 points”, [0060]-[0063] “The system may, for example, include price benchmarking services in order to provide valuations to both sides of the sponsorship market (e.g., both sponsors and rights holders), including assisting in setting sponsorship prices at the level of an arena, team, league or other level…As stadiums develop more dynamic advertisement methods with respect to their signage within the stadium…a given stadium may have potentially dozens of different sponsor and location combinations…some of these spaces may be… rotational signs (changing advertisements displayed at set intervals)…the system may enable sponsors to bid on inventory across any selection of teams or leagues…companies interested in placing advertisements on digital signage or other dynamic signage) can bid on inventory in near-real time on a cost per 30 second basis (or otherwise time based)….raise or place a bid (with a corresponding dollar amount) when an individual player is about to break a record, when a team ranked in the top five teams in a league is playing another top five team, etc. Accordingly, as a digital sign in a stadium updates which advertisement is shown (such as every 30 seconds), the displayed advertisement may be dynamically selected as the advertisement of the highest bidder at that moment according to the real time bidding platform..”)
Katz suggests it is advantageous to include wherein the game includes at least a game for professional sports teams, collegian sports teams, or amateur sports teams and the time includes at least one of a game time, a period, a quarter, or a clock time; because such slots are made available for purchase on different display devices and because these times/locations may affect accurate valuation (see citations above)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jingle to include wherein the game includes at least a game for professional sports teams, collegian sports teams, or amateur sports teams and the time includes at least one of a game time, a period, a quarter, or a clock time, as taught by Mayfield, because such slots are made available for purchase on different display devices and because these times/locations may affect accurate valuation.
With respect to claim 20, Jingle teaches the method of claim 12;
further comprising: receiving, in the processor, a request message from the user device with search criteria for advertising spaces; ([0054] “Buyer end user 470 (as a professional user) begins by creating a buy plan 560 to include search criteria made up of regions, categories, postal codes with radius, demographics, and a dollar amount budget, for example. Buyer end user 470 (as a professional user) submits this buy plan to system 60 for evaluation against available listings provided by owner/operator 450. System 60 will perform the match 570 and present the results to the buyer end user 470 (as a professional user) for evaluation”)
searching, via the processor, the memory device for at least one advertising space that meets the search criteria using related specification information; and ([0054] “Buyer end user 470 (as a professional user) begins by creating a buy plan 560 to include search criteria made up of regions, categories, postal codes with radius, demographics, and a dollar amount budget, for example. Buyer end user 470 (as a professional user) submits this buy plan to system 60 for evaluation against available listings provided by owner/operator 450. System 60 will perform the match 570 and present the results to the buyer end user 470 (as a professional user) for evaluation”)
transmitting, via the processor to the user device, information indicative of the at least one advertising space to enable the selection of the advertising space, ([0054] “Buyer end user 470 (as a professional user) begins by creating a buy plan 560 to include search criteria made up of regions, categories, postal codes with radius, demographics, and a dollar amount budget, for example. Buyer end user 470 (as a professional user) submits this buy plan to system 60 for evaluation against available listings provided by owner/operator 450. System 60 will perform the match 570 and present the results to the buyer end user 470 (as a professional user) for evaluation”)
wherein the search criteria includes at least one of a sports market, a venue name, a sports team name, a sports league, a date, an advertising space type, a location exposure, or a budget ([0054] “Buyer end user 470 (as a professional user) begins by creating a buy plan 560 to include search criteria made up of regions, categories, postal codes with radius, demographics, and a dollar amount budget, for example.” – includes at least a location exposure or budget)
v Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Jingle in view of Katz in view of Dixon in view of Mayfield, as applied to claim 1 above, and further in view of Gelman et al. (US 2010/0118200 - hereinafter "Gelman”)
With respect to claim 6, Jingle teaches the system of claim 1. Jingle suggests reviewing the advertising content to determine whether the material adheres to content restrictions/policies ([0057]). However, Jingle does not appear to disclose,
wherein the processor is further configured to: perform optical character recognition ("OCR") or image analysis on the advertising content to determine a content composition;
compare the content composition to a plurality of banned content; enable the acceptance of the advertising content when the content composition does not match the banned content; and cause the interface controller to have the user device display an error message when the content composition matches at least a portion of the banned content
However, Gelman discloses,
wherein the processor is further configured to: perform optical character recognition ("OCR") or image analysis on the advertising content to determine a content composition; ([0262] “suitability of the content item may be determined. In various embodiments, a content item may be checked to ensure there is not offensive, racy, or otherwise inappropriate content…a content item may be checked to ensure it does not advertise a product or send a message that is contrary to the desires of a host for a digital sign (or to the desires of some other interested party)…the suitability of a content item may be determined automatically. For example, the text of ads may be scanned for obscene language….In various embodiments, a combination of human and computer or automatic verification may be used”, [0353] “In various embodiments, algorithms (e.g., computer algorithms) may be used to review content that has been submitted. Computer algorithms may scan transcripts of submitted content for key words, phrases, or topics. The algorithm may create an alert if any prohibited works, phrases, or topics are found. Algorithms may include artificial intelligence that is capable of recognizing certain topics, certain tones, or other themes within content. In various embodiments, voice recognition or voice transcription algorithms may be used to convert audio within content to text or to other symbolic form. The text or other symbols may then be searched for particular words, phrases, topics, etc. In various embodiments, image recognition algorithms may be used to recognize potentially inappropriate images, such as images of violence, crudeness, or any other images relevant to certain standards. In various embodiments algorithms may flag an item of content for later review by humans. In some embodiments, algorithms may outright prevent certain content from being featured on digital signage system 100 due to failure to comply with one or more standards or sets of standards”, [0248] “warning message may appear…inappropriate for a particular item of content. In such cases, error messages may be displayed”)
compare the content composition to a plurality of banned content; enable the acceptance of the advertising content when the content composition does not match the banned content; and cause the interface controller to have the user device display an error message when the content composition matches at least a portion of the banned content ([0262] “suitability of the content item may be determined. In various embodiments, a content item may be checked to ensure there is not offensive, racy, or otherwise inappropriate content…a content item may be checked to ensure it does not advertise a product or send a message that is contrary to the desires of a host for a digital sign (or to the desires of some other interested party)…the suitability of a content item may be determined automatically. For example, the text of ads may be scanned for obscene language….In various embodiments, a combination of human and computer or automatic verification may be used”, [0353] “In various embodiments, algorithms (e.g., computer algorithms) may be used to review content that has been submitted. Computer algorithms may scan transcripts of submitted content for key words, phrases, or topics. The algorithm may create an alert if any prohibited works, phrases, or topics are found. Algorithms may include artificial intelligence that is capable of recognizing certain topics, certain tones, or other themes within content. In various embodiments, voice recognition or voice transcription algorithms may be used to convert audio within content to text or to other symbolic form. The text or other symbols may then be searched for particular words, phrases, topics, etc. In various embodiments, image recognition algorithms may be used to recognize potentially inappropriate images, such as images of violence, crudeness, or any other images relevant to certain standards. In various embodiments algorithms may flag an item of content for later review by humans. In some embodiments, algorithms may outright prevent certain content from being featured on digital signage system 100 due to failure to comply with one or more standards or sets of standards”, [0248] “warning message may appear…inappropriate for a particular item of content. In such cases, error messages may be displayed”)
Gelman suggests it is advantageous to include wherein the processor is further configured to: perform optical character recognition ("OCR") or image analysis on the advertising content to determine a content composition; compare the content composition to a plurality of banned content; enable the acceptance of the advertising content when the content composition does not match the banned content; and cause the interface controller to have the user device display an error message when the content composition matches at least a portion of the banned content,
because doing so can provide an efficient and effective mechanism to ensure potentially offensive material is not published on the signage ([0262], [0353])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jingle in view of Katz in view of Dixon in view of Mayfield to include wherein the processor is further configured to: perform optical character recognition ("OCR") or image analysis on the advertising content to determine a content composition; compare the content composition to a plurality of banned content; enable the acceptance of the advertising content when the content composition does not match the banned content; and cause the interface controller to have the user device display an error message when the content composition matches at least a portion of the banned content, as taught by Gelman, because doing so can provide an efficient and effective mechanism to ensure potentially offensive material is not published on the signage.
With respect to claim 7, Jingle, Katz, Dixon, Mayfield, and Gelman teach the system of claim 6. Jingle does not appear to disclose,
wherein the banned content includes at least one of nudity, violence, profanity, negative words or phrases, racial words or phrases, racial images, or words, phrases, or images related to adult products;
However, Gelman discloses,
the banned content includes at least one of nudity, violence, profanity, negative words or phrases, racial words or phrases, racial images, or words, phrases, or images related to adult products; ([0262] “suitability of the content item may be determined. In various embodiments, a content item may be checked to ensure there is not offensive, racy, or otherwise inappropriate content…a content item may be checked to ensure it does not advertise a product or send a message that is contrary to the desires of a host for a digital sign (or to the desires of some other interested party)…the suitability of a content item may be determined automatically. For example, the text of ads may be scanned for obscene language….In various embodiments, a combination of human and computer or automatic verification may be used”, [0353] “In various embodiments, algorithms (e.g., computer algorithms) may be used to review content that has been submitted. Computer algorithms may scan transcripts of submitted content for key words, phrases, or topics. The algorithm may create an alert if any prohibited works, phrases, or topics are found. Algorithms may include artificial intelligence that is capable of recognizing certain topics, certain tones, or other themes within content. In various embodiments, voice recognition or voice transcription algorithms may be used to convert audio within content to text or to other symbolic form. The text or other symbols may then be searched for particular words, phrases, topics, etc. In various embodiments, image recognition algorithms may be used to recognize potentially inappropriate images, such as images of violence, crudeness, or any other images relevant to certain standards. In various embodiments algorithms may flag an item of content for later review by humans. In some embodiments, algorithms may outright prevent certain content from being featured on digital signage system 100 due to failure to comply with one or more standards or sets of standards”)
Gelman suggests it is advantageous to include wherein the banned content includes at least one of nudity, violence, profanity, negative words or phrases, racial words or phrases, racial images, or words, phrases, or images related to adult products, because doing so can provide an efficient and effective mechanism to ensure potentially offensive material is not published on the signage ([0262], [0353])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jingle in view of Katz in view of Dixon in view of Mayfield to include wherein the banned content includes at least one of nudity, violence, profanity, negative words or phrases, racial words or phrases, racial images, or words, phrases, or images related to adult products, as taught by Gelman, because doing so can provide an efficient and effective mechanism to ensure potentially offensive material is not published on the signage.
v Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jingle in view of Katz in view of Dixon in view of Mayfield, as applied to claim 1 above, and further in view of Faraji (2013/0159869 June 20, 2013- hereinafter "Faraji”)
With respect to claim 8, Jingle teaches the system of claim 1;
wherein the advertising content includes at least one of an image or a video (CLAIM 1 “provide the advertising materials to the out of home digital billboard or sign owner; and then transform the digital billboard or sign to display a visual image using the advertising materials”, [0057] “the advertising message and artwork materials are the forwarded (step 780) to the owner/operator 450 of the electronic digital media device. The owner/operator processes (step 790) the advertising message and artwork onto the electronic digital media device”)
and the specification information of the advertising space additionally includes at least one of an acceptable file requirement for the advertising content ([0065] “Each listing is associated with at least one of the owner/operator's electronic digital media assets and at least one time slot allocated on the device. Creating a listing reserves the particular time slot(s) on a specific media device. Each listing will contain specifications of the digital media hardware, digital file requirements for artwork to be submitted”)
Jingle does not appear to disclose,
wherein the file requirements include file size range, acceptable pixel dimensions, or acceptable image dimensions
However, Faraji discloses,
the file requirements include file size range, acceptable pixel dimensions, or acceptable image dimensions; ([0032] “profile details for the screen may include, for example, location, venue type, target audience, screen content rating (e.g., CH, Y, G, A, UR, as discussed below), aspect ratio or resolution, screen dimensions, screening protocols for each message”, [0070] “Because each screen location may have its own physical size, orientation, resolution and layout, the specifications and templates offered may vary by screen location”, [0102] “allow the advertiser to load digital assets from their personal repositories or public system-wide repositories. Advertisers may also elect to upload pre-produced messages that are compatible with the selected layouts. Specifications for each file type and size may be indicated, and incompatible material may not be accepted by the system.”)
Faraji suggests it is advantageous to include wherein the file requirements include file size range, acceptable pixel dimensions, or acceptable image dimensions, because doing so can ensure the content is compatible with various screen requirements and/or that the content displays correctly ([0032], [0070], [0102])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jingle in view of Katz in view of Dixon in view of Mayfield to include wherein the file requirements include file size range, acceptable pixel dimensions, or acceptable image dimensions, as taught by Faraji, because doing so can ensure the content is compatible with various screen requirements and/or that the content displays correctly.
With respect to claim 9, Jingle, Katz, Dixon, Mayfield, and Faraji teach the system of claim 8. Jingle does not appear to disclose,
wherein the processor in cooperation with the interface controller is further configured to: compare a file size, pixel dimensions, or image dimensions of the received advertising content to the specification information of the advertising space in the memory device; when the advertising content is within the specification information of the advertising space, render the received advertising content; and when the advertising content is outside of the specification information of the advertising space, cause the user device to display an error message without rendering the advertising content
However, Faraji discloses,
the processor in cooperation with the interface controller is further configured to: compare a file size, pixel dimensions, or image dimensions of the received advertising content to the specification information of the advertising space in the memory device; when the advertising content is within the specification information of the advertising space, render the received advertising content; and when the advertising content is outside of the specification information of the advertising space, cause the user device to display an error message without rendering the advertising content ([0032] “profile details for the screen may include, for example, location, venue type, target audience, screen content rating (e.g., CH, Y, G, A, UR, as discussed below), aspect ratio or resolution, screen dimensions, screening protocols for each message”, [0070] “Because each screen location may have its own physical size, orientation, resolution and layout, the specifications and templates offered may vary by screen location”, [0102] “allow the advertiser to load digital assets from their personal repositories or public system-wide repositories. Advertisers may also elect to upload pre-produced messages that are compatible with the selected layouts. Specifications for each file type and size may be indicated, and incompatible material may not be accepted by the system.”)
Faraji suggests it is advantageous to include wherein the processor in cooperation with the interface controller is further configured to: compare a file size, pixel dimensions, or image dimensions of the received advertising content to the specification information of the advertising space in the memory device; when the advertising content is within the specification information of the advertising space, render the received advertising content; and when the advertising content is outside of the specification information of the advertising space, cause the user device to display an error message without rendering the advertising content, because doing so can ensure the content is compatible with various screen requirements and/or that the content displays correctly ([0032], [0070], [0102])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jingle in view of Katz in view of Dixon in view of Mayfield to include wherein the processor in cooperation with the interface controller is further configured to: compare a file size, pixel dimensions, or image dimensions of the received advertising content to the specification information of the advertising space in the memory device; when the advertising content is within the specification information of the advertising space, render the received advertising content; and when the advertising content is outside of the specification information of the advertising space, cause the user device to display an error message without rendering the advertising content, as taught by Faraji, because doing so can ensure the content is compatible with various screen requirements and/or that the content displays correctly.
With respect to claim 10, Jingle, Katz, Dixon, Mayfield, and Faraji teach the system of claim 8. Jingle does not appear to disclose,
wherein the processor in cooperation with the interface controller is configured to display the rendered advertising content by causing the video of the advertising content to play within a media player that has a display area formatted to correspond to the pictorial representation of the advertising space
However, Mayfield (as discussed above) discloses rendering a preview of the advertisement content on a user’s display, and Farji discloses wherein the ad content may be a video ([0058], [0070], [0079], [0089]-[0090]) that may be generated for preview by the advertiser ([0089]-[0090]). As such, the combination of references discloses wherein the processor in cooperation with the interface controller is configured to display the rendered advertising content by causing the video of the advertising content to play within a media player that has a display area formatted to correspond to the pictorial representation of the advertising space. It would have been obvious to modify Jingle to include the processor in cooperation with the interface controller is configured to display the rendered advertising content by causing the video of the advertising content to play within a media player that has a display area formatted to correspond to the pictorial representation of the advertising space as video ads may be desirable to display on the display devices, and because doing so can enable the user to preview how their ad will look when displayed on the display device.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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v Claims 1-20 are rejected on the ground of non-statutory anticipation-type double patenting as being unpatentable over claims 1-19 of US Patent No. 12,307,483 (corresponding to co-pending US Application No. 16/510,468). Although the conflicting claims are not identical, they are not patentably distinct from each other. Each of the instant claims is anticipated by at least one claim of US Patent No. 12,307,483. The exact limitations of each of these claims are not being reproduced here for clarity and brevity, as the Examiner believes the anticipation would be self-evident to a PHOSITA. The claims are nearly identical except Applicant has removed certain limitations from the independent claims of the Patent and moved them to dependent claims (e.g., to dependent claims 2, 3, 5, 15, and 16), thereby broadening the independent claim, but with language that is otherwise identical to the independent claims in the patent. As such, the claims are anticipated by the claims of the patent. The dependent claims are also identical to dependent claims in the patent.
Indication of Novel and Non-Obvious Subject Matter
Dependent claims 3 and 16 recite novel and non-obvious subject matter. Each of dependent claims 17 and 18 similarly recite novel and non-obvious subject matter by virtue of their dependency on claim 16.
The following is an examiner’s statement of reasons for indication of novel and non-obvious subject matter:
The closest prior art of record is Jingle et al. (U.S. PG Pub No. 2016/0071167, March 10, 2016); Katz et al. (U.S. PG Pub No. 2018/0084310 March 22, 2018); Dixon et al. (U.S. PG Pub No. 2009/0276317 November 5, 2009); Mayfield (U.S. Patent No. 8,862,500, October 14, 2014); Gelman et al. (US 2010/0118200 A1); Faraji (U.S. PG Pub No. 2013/015869 June 20, 2013); Li (US 2007/0136133 A1); Nestel (US 2003/0046162 A1); Barthelt et al. (US 2013/0339906 A1) ; Schler et al. (US 2015/0150068 A1); Williams (U.S. PG Pub No. 2012/0105431, May 3, 2012); Olivieri (U.S. PG Pub No. 2018/03304703, November 15, 2018) Sunshine et al. (U.S. PG Pub No. 2015/0100869 April 9, 2015); Smith et al. (U.S. PG Pub No. 2017/0026678 January 26, 2017); Keshet (U.S. PG Pub No. 2013/0204735); and “Outdoor Company Signage Mockup Generator” (published on April 12, 2018 at https://mediamodifier.com/mockup/outdoor-company-signage-mockup-generator/1399)
Jingle teaches a platform to buy/sell advertising on digital displays or other sponsorship locations including assets searchable by stadium/arenas and wherein the system receives proof of play pictural evidence from a venue server to confirm the ad content was displayed at the current asset/venue and time and where the feedback is stored in conjunction with the completed purchase for the buyer to review.
Katz discloses a digital signage management platform/system where ad space sellers can provide available purchasable inventory and where ad buyers can acquire this inventory. Discloses inventory valuations and/or bid adjustments based on a specific team/game taking place at a venue/stadium corresponding to the available ad space/inventory.
Dixon a digital signage management platform/system where ad space sellers can provide available purchasable inventory and where ad buyers can acquire this inventory. Discloses adjusting price of an ad space/inventory based on remaining number/availability of signage inventory.
Mayfield teaches a platform to buy/sell advertising on digital displays where the buyer interface provides the buyer with a preview picture of an available digital display that includes surrounding area around the digital screen and a blank portion on the representation of the digital screen where the advertisement would go (specified by space parameters represented by at least one of a location, boundary, or the second area) and wherein an image of the advertiser’s potential advertisement is inserted/overlaid into this area to provide the advertiser a preview of what their advertisement would look like on the digital display if they were to acquire rights to advertise using the digital display.
Gelman discloses analyzing content for least one of nudity, violence, profanity, negative words or phrases, racial words or phrases, racial images, or words, phrases, or images related to adult products and optical character recognition or image analysis. for at least one of teaches perform optical character recognition (“OCR”) or image analysis on the advertising content to determine a content composition; compare the content composition to a plurality of banned content; enable the acceptance of the advertising content if the content composition does not match the banned content; and cause the interface controller to have the user device display an error message if the content composition matches at least a portion of the banned content.
Faraji discloses a digital signage management platform/system where ad space sellers can provide available purchasable inventory and where ad buyers can acquire this inventory. Discloses adjusting price for an ad space based on a specific sports game taking place near the sign and based on demand for ad inventory, but not a remaining number of units.
Li discloses a digital signage management platform/system where ad space sellers can provide available purchasable inventory and where ad buyers can acquire this inventory (e.g., based on desired time, location, venue, etc.). Advertisements can be tested prior to deployment. Feedback data including a confirmation that the advertising content was displayed at the reserved advertising space for the specified date for the particular venue is received and stored.
Nestel discloses receiving selection for placing advertisement for specific game (i.e., a marketplace for advertisers to present advertisement on billboard in sports venues).
Barthelt discloses a preview picture including a pictorial representation of the respective advertising space and venue area around the advertising space, preview picture having a first area that includes the pictorial representation of the advertising space and the venue area around the advertising space, the pictorial representation of the advertising space having a second area that is less than the first area of the preview picture, the pictorial representation of the advertising space configured to be visually depicted as a blank section within the preview picture and specified by space parameters identifying at least one of a location, boundary, or the second area of the pictorial representation of the advertising space within the first area of the preview picture.
Schler discloses comparing a resolution of the received advertising content to a minimum resolution (threshold) of the specification information of an advertising space, and when the advertising content is outside of the minimum resolution threshold of the advertising space, cause the user device to display an error message without rendering or displaying the advertising content: and when the advertising content is within the minimum resolution threshold of the advertising space, adjust the advertising content.
Williams teaches a platform to buy/sell advertising on digital displays where the buyer interface provides the buyer with a preview picture of an available digital display that includes surrounding area around the digital screen and a blank portion on the representation of the digital screen where the advertisement would go (specified by space parameters represented by at least one of a location, boundary, or the second area) and wherein an image of the advertiser’s potential advertisement is inserted/overlaid into this area to provide the advertiser a preview of what their advertisement would look like on the digital display if they were to acquire rights to advertise using the digital display (e.g., see paras [0022] & [0037] & [0040]-[0050] & [0056]-[0057]).
Olivieri teaches a platform to buy/sell advertising on digital displays and wherein the buyer is presented with a real-world picture preview of the acquirable display asset (including the surrounding environment in which the asset is located) and wherein the system receives proof of play pictural evidence from a venue server to confirm the ad content was displayed at the current asset/venue and time and where the feedback is stored in conjunction with the completed purchase for the buyer to review (e.g., see Figs 3 & 6A-6C & para [0037]).
Sunshine discloses a sports/venue ticketing marketplace where ticket prices are dynamically updated from a base value based on the specific game and the remaining number/availability of tickets. Also discloses providing a ticket purchaser with a simulated preview image of in-arena seat view associated with an available ticket.
Smith discloses adjusting a base price for ad inventory based on remaining inventory availability.
Keshet discloses a user uploading their ad and generating a preview image of their ad in a stadium as it would appear with the surrounding context environment.
“Outdoor Company Signage Mockup Generator” discloses generating a preview picture including a pictorial representation of the respective advertising space and venue area around the advertising space, preview picture having a first area that includes the pictorial representation of the advertising space and the venue area around the advertising space, the pictorial representation of the advertising space having a second area that is less than the first area of the preview picture, the pictorial representation of the advertising space configured to be visually depicted as a blank section within the preview picture and specified by space parameters.
As per claims 3 and 16, the closest prior art of record taken either individually or in combination with other prior art of record fails to teach or suggest "after the file is received in the processor from the user device, compare a resolution of the received advertising content to a minimum resolution threshold provided within the specification information for the advertising space that is stored in the memory device; when the resolution of the received advertising content is below the minimum resolution threshold of the advertising space, cause the user device to display an error message without rendering or displaying the advertising content; when the resolution of the received advertising content is greater than the minimum resolution threshold of the advertising space, adjust the advertising content based on the space parameters to fit within the second area of the pictorial representation of the advertising space; and at least one of: replace the blank section of the pictorial representation of the advertising space with the adjusted advertising content, or apply the adjusted advertising content to the blank section of the pictorial representation of the advertising space." in combination with the other combination of claim limitations. While individual features may be known per se, there is no teaching or suggestion absent applicants’ own disclosure to combine these features other than with impermissible hindsight
Claims 17 and 18 depend upon claim 16 and have all the limitations of claim 16, and therefore similarly recite novel and non-obvious subject matter.
Conclusion
No claim is allowed
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DETWEILER whose telephone number is (571)272-4704. The examiner can normally be reached on Monday-Friday from 8 AM to 5 PM ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Waseem Ashraf can be reached at telephone number (571)-270-3948. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M DETWEILER/Primary Examiner, Art Unit 3621
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