DETAILED ACTION
Status of the Claims
This office action is submitted in response to the application filed on 5/27/25.
Examiner notes that this application is a continuation of 18518503 and 17178262, both of which are now abandoned.
Examiner further notes that this application claims foreign priority to 1320598.4 (United Kingdom).
Examiner further notes Applicant’s priority date of 11/21/13, which stems from the aforementioned foreign priority number.
Claims 1-38 were cancelled in a preliminary amendment.
Claims 39-54 are new.
Therefore, claims 39-54 are currently pending and have been examined.
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 .
Double Patenting
Claims 39, 41, 42, 43, 45, 46, 47, 48, 49, 50, and 54 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-8, 10, 16, and 18 of US Patent No. 10,943,262 (Green et al.). Although the claims at issue are not identical, they are not patentably distinct from each other for the reasons set forth below.
Regarding claim 39, the subject matter of claim 39 is not patentably distinct from claims 1, 2, 9, and 11 of the '262 patent. Claim 1 of the '262 patent recites a method of augmenting a telecommunications call comprising using a processor of a user telecommunications device for detecting a telecommunications call event, selecting an item of media content, and augmenting the presentation of the call with the item of media content, thereby reciting the detecting, selecting, and instructing an augmentation of the call limitations of application claim 39. Claim 2 of the '262 patent recites that the selection of the item of media content is in dependence on an attribute of a party placing the call, corresponding to the limitation selecting an item of media content (101) from the store or the cache (112) in dependence on an attribute of a party placing the call. Claim 9 of the '262 patent recites receiving the item of media content from a remote server, and claim 11 recites storing the item of media content in a local cache on the user device, corresponding to the receiving and storing limitations of application claim 39.
Application claim 39 additionally recites that the item of media content is flagged by the remote server (30) with an expiry time, and that after the expiry time, instructing a removal of the item of media content (101) from the cache (112). Claims 1, 2, 9, and 11 of the '262 patent do not recite the expiry time limitations. However, flagging cached content with an expiry time and removing that content from the cache upon expiry is a conventional and obvious variant of the cache storage recited in claim 11 of the '262 patent, and it would have been obvious to one of ordinary skill in the art to manage the cached media content of the '262 patent claims using an expiry time in order to remove stale content from the cache and free storage space on the device. Accordingly, application claim 39 is not patentably distinct from claims 1, 2, 9, and 11 of the '262 patent.
Regarding claim 54, the subject matter of claim 54 is not patentably distinct from claims 18, 2, 9, and 11 of the '262 patent for the same reasons set forth for claim 39, claim 18 of the '262 patent reciting the corresponding apparatus comprising a non-transitory memory storing instructions and one or more hardware processors configured to execute the instructions to perform the recited operations, which corresponds to the store or a cache and at least one processor adapted to execute a code of application claim 54.
Regarding claim 41, the limitation wherein the item of media content (101) is associated with a uniform resource identifier or URI corresponds to claim 1 of the '262 patent, which recites the item of media content being associated with a uniform resource identifier or URI.
Regarding claim 42, the limitation detecting a user interaction with the item of media content (101) corresponds to claim 1 of the '262 patent, which recites detecting a user interaction with the augmented item of media content before termination of the call.
Regarding claim 43, the limitation on termination of the call, performing an action in dependence on the resource identified by the URI corresponds to claim 1 of the '262 patent, which recites, responsive to detecting the user interaction, on termination of the call, performing an action in dependence on the resource identified by the URI.
Regarding claim 45, the limitation wherein the selection of the item of media content (101) is further in dependence on an attribute of at least one of: the call; a party receiving the call; the user device (10); and the user corresponds to claims 2 and 3 of the '262 patent, which recite selection in dependence on at least one of an attribute of the call, an attribute of a party placing the call, an attribute of a party receiving the call, and an attribute of the user device, and in dependence on an attribute of the user.
Regarding claim 46, the limitation wherein the attribute is at least one of: an associated identity; an associated location; and an associated date and/or time corresponds to claim 5 of the '262 patent, which recites that the attribute is at least one of an associated identity, an associated location, an associated date, and an associated time.
Regarding claim 47, the limitation wherein the item of media content (101) comprises one or more of: an image or video, wherein the augmentation of the call comprises displaying the media content to the user; and audio, wherein augmenting the call comprises playing the media content to the user corresponds to claims 6 and 7 of the '262 patent, which recite the item of media content comprising an image or video that is displayed, and audio that is played.
Regarding claim 48, the limitation wherein the call is augmented at one or more of the following times: during the time the call is being initiated; whilst the call is in progress; and after the call has terminated corresponds to claim 8 of the '262 patent, which recites augmentation during the time the call is being initiated and whilst the call is in progress, either of which satisfies the recited alternative.
Regarding claim 49, the limitation wherein a selection of the item of media content (101) is performed at the remote server (30) corresponds to claim 10 of the '262 patent, which recites that a selection of the item of media content is performed at the remote server.
Regarding claim 50, the limitation wherein the action performed in dependence on the resource identified by the URI comprises at least one of: accessing a network location, optionally accessing a web page; and initiating a further telecommunications call corresponds to claim 16 of the '262 patent, which recites that the action comprises at least one of accessing a network location, optionally accessing a web page, and initiating a further telecommunications call.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 39-54 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: Claims 39-54 are directed to patent-eligible subject matter categories under 35 U.S.C. § 101. Specifically, claim 39 recites a method, and thus falls within the "process" category. Claim 54 recites an apparatus comprising a store or a cache and at least one processor, and thus falls within the "machine" category. Claims 40-53 depend from claim 39, and thus likewise fall within the "process" category. See MPEP § 2106.03. Accordingly, the claims satisfy Step 1.
Step 2A, Prong One: Independent claims 39 and 54, in part, describe an invention comprising: detecting a telecommunications call event; flagging media content (ads) with a time of expiration; selecting an advertisement based on an attribute of a party placing the call; adding the ad to the call; and removing the ad after it expires. As such, the invention is directed to the abstract idea of targeting and presenting advertisements to a user during a phone call based on an attribute of the user, which, pursuant to MPEP § 2106.04(a)(2), is aptly categorized as a method of organizing human activity (advertising and marketing). Therefore, under Step 2A, Prong One, the claims recite a judicial exception.
Next, the aforementioned claims recite additional elements that are associated with the judicial exception, including: receiving an item of media content prior to an incoming phone call; and storing the item of media content in a store or a cache. The Examiner understands these limitations to be insignificant extra-solution activity. See Accenture Global Servs., GmbH v. Guidewire Software, Inc., 728 F.3d 1336, 108 U.S.P.Q.2d 1173 (Fed. Cir. 2013), citing Cf. Diamond v. Diehr, 450 U.S. 175, 191–192 (1981) ("[I]nsignificant post-solution activity will not transform an unpatentable principle into a patentable process.").
The aforementioned claims also recite additional elements including: at least one processor; a user telecommunications device (10); a remote server (30); and a store or a cache (112). The remote server (30) is further recited in dependent claims 44, 49, and 53. These limitations are recited at a high level of generality and appear to be nothing more than generic computer components used to apply the abstract idea. Claims that amount to nothing more than an instruction to apply the abstract idea using generic computer components do not render an abstract idea eligible. Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 223 (2014), 110 USPQ2d 1977, 1983 (2014).
Step 2A, Prong Two: Looking at the elements individually and in combination, the claims as a whole do not integrate the judicial exception into a practical application because they fail to: improve the functioning of a computer or a technical field; apply the judicial exception in the treatment or prophylaxis of a disease; apply the judicial exception with a particular machine; effect a transformation or reduction of a particular article to a different state or thing; or apply the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment. Rather, the claims merely use generic computer components as a tool to perform the abstract idea, and/or add insignificant extra-solution activity to the judicial exception, and/or generally link the use of the judicial exception to a particular technological environment (e.g., generic telecommunications devices and servers connected to a network). Accordingly, the claims do not integrate the judicial exception into a practical application, and the analysis proceeds to Step 2B.
Step 2B: The claims do not include additional elements sufficient to amount to significantly more than the judicial exception. The additional elements, when considered individually and as an ordered combination, do not amount to significantly more than the abstract idea itself. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or any other technology, and their collective functions are merely facilitated by generic computer implementation.
Additionally, pursuant to the requirement under Berkheimer v. HP Inc., 881 F.3d 1360, 125 USPQ2d 1649 (Fed. Cir. 2018), the following citations are provided to demonstrate that the additional elements, identified above, are well-understood, routine, and conventional. See MPEP § 2106.05(d).
Receiving data over a network (receiving the item of media content from the remote server). Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307 (Fed. Cir. 2016); OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359 (Fed. Cir. 2015).
Storing and retrieving data in memory (storing the item of media content in a store or a cache). Versata Dev. Grp., Inc. v. SAP Am., Inc., 793 F.3d 1306 (Fed. Cir. 2015).
Thus, taken alone and in combination, the additional elements do not amount to significantly more than the above-identified judicial exception, and claims 39-54 are ineligible under 35 U.S.C. § 101.
Next, claims 40-53 depend from claim 39 and include all limitations contained therein. These claims do not recite any additional elements sufficient to transform the abstract idea into patent-eligible subject matter. Specifically:
Claims 40, 41, 47, and 51 further define the item of media content, namely, that the media content enables the called or calling party to access further related media content or services (claim 40), is associated with a uniform resource identifier or URI (claim 41), comprises one or more of: an image or video... and audio (claim 47), and comprises a first and a second button (201), (202) (claim 51). These limitations further define the nature and format of the content that is the subject of the abstract idea, and thus merely narrow the abstract idea without integrating it into a practical application.
Claims 45, 46, and 48 further define the selection criteria and the timing of the augmentation, namely, that the selection is further in dependence on an attribute of at least one of: the call; a party receiving the call; the user device (10); and the user (claim 45), that the attribute is at least one of: an associated identity; an associated location; and an associated date and/or time (claim 46), and that the call is augmented at one or more of the following times: during the time the call is being initiated; whilst the call is in progress; and after the call has terminated (claim 48). These limitations further specify the parameters and timing of the abstract targeting and presentation scheme, and thus merely narrow the abstract idea without integrating it into a practical application.
Claims 42, 43, 50, and 52 further define the user interaction with the media content and the responsive action, namely, detecting a user interaction with the item of media content (101) (claim 42), on termination of the call, performing an action in dependence on the resource identified by the URI (claim 43), that the action comprises at least one of: accessing a network location, optionally accessing a web page; and initiating a further telecommunications call (claim 50), and that a user may accept an offer associated with the item of media content (101) by pressing the first button (201), or reject the offer by pressing the second button (202) (claim 52). Detecting the user's interaction with the presented content and performing a responsive action are themselves further steps of the abstract targeting and presentation scheme, and thus merely narrow the abstract idea without integrating it into a practical application.
Claims 44, 49, and 53 further define server side aspects of the scheme, namely, maintaining an audit trail comprising records of which items of media content (101) have been used in an augmented call and which URIs have been interacted with (claim 44), that a selection of the item of media content (101) is performed at the remote server (30) (claim 49), and that the user interaction with the item of media content (101) is reported to a remote server (30) (claim 53). The remote server (30) recited in these claims is the same generic component already addressed as an additional element above. The remaining limitations recite further aspects of the abstract targeting and presentation scheme, and thus merely narrow the abstract idea without integrating it into a practical application.
Therefore, claims 39-54 are not drawn to eligible subject matter, as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 39-42, 45-49, and 53-54 are rejected under 35 U.S.C. 103 as being unpatentable over Shani (US 2007/0269030 A1) in view of Bruchelt (US 2012/0115449 A1), and in further view of Donahue (US 7,853,478 B2).
Claim 39: Shani discloses a method of augmenting a telecommunications call, comprising:
using at least one processor of a user telecommunications device (10) for performing the following (Paragraphs 6 and 15. Shani discloses an AdRing software media player module installed on and executed by the subscriber terminal device, e.g., a mobile phone, with a portion of the device memory designated as a buffer for media data.);
receiving an item of media content (101) in advance of an incoming telecommunications call from a remote server (30) (Paragraphs 24, 88, and 90, and Block Diagram No. 1, FIG. 6, at Paragraph 122. In the off-line embodiment, upon termination of a call the terminal opens a session to the server and downloads the next media file into the device buffer, such that the media is resident on the device before the next incoming call is received.);
storing the item of media content (101) in a store or a cache (112) on the user telecommunications device (10) (Paragraphs 15 and 24. A designated portion of the terminal device memory serves as the buffer in which the downloaded media file is stored on the device.);
detecting a telecommunications call event at the user telecommunications device (10) (Paragraphs 16 and 22, and Block Diagram No. 1, FIG. 6, at Paragraph 122. An incoming call signal is transmitted from the switchboard to the terminal, and the terminal operates responsive to that incoming call signal: the caller ID decoding process is triggered, which in turn operates the media player at the terminal.);
instructing an augmentation of the call with the item of media content (101) (Paragraphs 7 and 22, and Block Diagram No. 1, FIG. 6, at Paragraph 122. The media player retrieves the media from the buffer and renders it on the terminal display together with the caller ID as an overlay at the time of the incoming call.).
Shani does not appear to explicitly disclose selecting an item of media content (101) from the store or the cache (112) in dependence on an attribute of a party placing the call.
Bruchelt, however, discloses selecting an item of media content (101) from the store or the cache (112) in dependence on an attribute of a party placing the call (Paragraphs 23, 52, and 54, and FIG. 4, steps 408, 410, and 420. Bruchelt teaches selecting stored caller-related content from local storage in dependence on caller ID/contact identity of the party placing the call: the mobile device identifies the contact corresponding to the caller from the received caller ID information, uses the caller ID as a key to look up the particular contact and access the data associated with that contact, and selects one or more items of that locally stored, caller-associated content, thereby teaching selection from local storage based on an attribute of the calling party.).
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 incoming-call media presentation of Shani such that the stored item of media content is selected in dependence on an attribute of the party placing the call, applying Bruchelt's technique of selecting stored caller-related content based on caller identity. One would have been motivated to do this in order to present media content corresponding to the identity of the calling party, thereby increasing the relevance of the content presented to the user during the incoming call.
Shani in view of Bruchelt does not appear to explicitly disclose that the item of media content is flagged by the remote server (30) with an expiry time, or after the expiry time, instructing a removal of the item of media content (101) from the cache (112).
Donahue, however, discloses the item of media content being flagged by the remote server (30) with an expiry time (Col. 8, ll. 48-66. The delivery platform 102, described as a dedicated serving computer, controls caching schedules and data expiration parameters and includes expiration information associated with the life of an advertisement, which the client service application 108 uses when storing the advertisement in cache.);
and after the expiry time, instructing a removal of the item of media content (101) from the cache (112) (Col. 5, ll. 25-40; see also col. 14, ll. 50-56. Advertisements are retained in the cache 112, 114 on the user computing device 104, 106 until an expiration date is reached, at which point they are deleted from the cache and replaced with new advertisements; stale or expired content and advertisements are automatically deleted from the device to release storage space.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Shani and Bruchelt such that the item of media content is flagged by the remote server with an expiry time and is removed from the cache after the expiry time, as taught by Donahue. One would have been motivated to do this in order to ensure the media content presented during a call remains current and to free storage space on the device by removing expired content.
Claim 40: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Shani further discloses wherein the item of media content (101) enables the called or calling party to access further related media content or services (Paragraphs 44-47. The media header includes a click-on function for interactive banners having a Target URL that is opened by a browser, and a load-next function identifying a URL, thereby enabling the party to access further related content.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 41: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Shani further discloses wherein the item of media content (101) is associated with a uniform resource identifier or URI (Paragraphs 44, 46, and 47. The media is associated with a Target URL opened by a browser and a load-next URL identifying the next media.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 42: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Donahue further discloses further comprising detecting a user interaction with the item of media content (101) (Col. 6, ll. 15-40. The service application 108 detects and tracks an interactive operation associated with an advertisement, updating an ad count when a user proactively interacts with the device, e.g., presses a key, scrolls to an ad, or clicks on an ad.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 45: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Donahue further discloses wherein the selection of the item of media content (101) is further in dependence on an attribute of at least one of: the call; a party receiving the call; the user device (10); and the user (Col. 12, ll. 40-55. The delivery platform 102 packages one or more targeted advertisements based in part on the user's identification characteristics, historical purchasing pattern, and location, i.e., in dependence on an attribute of the user.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 46: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Donahue further discloses wherein the attribute is at least one of: an associated identity; an associated location (Col. 12, ll. 40-55. Advertisement targeting is based on user identity and location.). Bruchelt further discloses and an associated date and/or time (Paragraph 18. Bruchelt selects the content in dependence on the proximity in time of scheduled events or activities to the current date and time.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 47: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Shani further discloses wherein the item of media content (101) comprises one or more of: an image or video, wherein the augmentation of the call comprises displaying the media content to the user; and audio, wherein augmenting the call comprises playing the media content to the user (Paragraphs 29, 30, and 33, and Paragraphs 7 and 22. The media types include a visual image, video, and audio, wherein the media player renders the visual media on the terminal display and plays audio media to the user.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 48: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Shani further discloses wherein the call is augmented at one or more of the following times: during the time the call is being initiated; whilst the call is in progress; and after the call has terminated (Paragraphs 22 and 122. Shani teaches augmentation at least during the time the call is being initiated, the media being rendered on the terminal display together with the caller ID while the incoming call signal is valid; this satisfies the limitation because the claim requires only one or more of the recited timings.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 49: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Donahue further discloses wherein a selection of the item of media content (101) is performed at the remote server (30) (Col. 6, ll. 40-50. A two-stage ad server is used in which a remote component selects advertisements from the collection based on context, content, or other variable.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 53: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above. Donahue further discloses wherein the user interaction with the item of media content (101) is reported to a remote server (30) (Col. 6, ll. 50-60; see also col. 16, ll. 5-15. The collected interactions are communicated to the delivery platform 102, where the activity is recorded.).
The rationale for combining Shani, Bruchelt, and Donahue is articulated above and reincorporated herein by reference.
Claim 54: Shani discloses an apparatus for augmenting a telecommunications call, the apparatus comprising:
a store or a cache (Paragraph 15. A portion of the terminal device memory is designated as a buffer for media data.);
at least one processor adapted to execute a code for: (Paragraphs 6 and 15. The AdRing software media player module is installed on and executed by the processor of the terminal device.):
receiving an item of media content (101) at a user telecommunications device in advance of an incoming telecommunications call (10) from a remote server (30) (Paragraphs 24, 88, and 90, and Block Diagram No. 1, FIG. 6, at Paragraph 122. In the off-line embodiment, upon termination of a call the terminal opens a session to the server and downloads the next media file into the device buffer, such that the media is resident on the device before the next incoming call is received.);
storing the item of media content (101) in the store or the cache (112) on the user telecommunications device (10) (Paragraphs 15 and 24. A designated portion of the terminal device memory serves as the buffer in which the downloaded media file is stored on the device.);
detecting a telecommunications call event at a user telecommunications device (10) (Paragraphs 16 and 22, and Block Diagram No. 1, FIG. 6, at Paragraph 122. An incoming call signal is transmitted from the switchboard to the terminal, and the terminal operates responsive to that incoming call signal: the caller ID decoding process is triggered, which in turn operates the media player at the terminal.);
instructing an augmentation of the call with the item of media content (101) (Paragraphs 7 and 22, and Block Diagram No. 1, FIG. 6, at Paragraph 122. The media player retrieves the media from the buffer and renders it on the terminal display together with the caller ID as an overlay at the time of the incoming call.).
Shani does not appear to explicitly disclose selecting an item of media content (101) from the store or the cache (112) in dependence on an attribute of a party placing the call.
Bruchelt, however, discloses selecting an item of media content (101) from the store or the cache (112) in dependence on an attribute of a party placing the call (Paragraphs 23, 52, and 54, and FIG. 4, steps 408, 410, and 420. Bruchelt teaches selecting stored caller-related content from local storage in dependence on caller ID/contact identity of the party placing the call: the mobile device identifies the contact corresponding to the caller from the received caller ID information, uses the caller ID as a key to look up the particular contact and access the data associated with that contact, and selects one or more items of that locally stored, caller-associated content, thereby teaching selection from local storage based on an attribute of the calling party.).
The rationale for combining Shani and Bruchelt is articulated above and is reincorporated herein by reference.
Shani in view of Bruchelt does not appear to explicitly disclose the item of media content being flagged by the remote server (30) with an expiry time, or after the expiry time, instructing a removal of the item of media content (101) from the cache (112).
Donahue, however, discloses the item of media content being flagged by the remote server (30) with an expiry time (Col. 8, ll. 48-66. The delivery platform 102, described as a dedicated serving computer, controls caching schedules and data expiration parameters and includes expiration information associated with the life of an advertisement, which the client service application 108 uses when storing the advertisement in cache.);
and after the expiry time, instructing a removal of the item of media content (101) from the cache (112) (Col. 5, ll. 25-40; see also col. 14, ll. 50-56. Advertisements are retained in the cache 112, 114 on the user computing device 104, 106 until an expiration date is reached, at which point they are deleted from the cache and replaced with new advertisements; stale or expired content and advertisements are automatically deleted from the device to release storage space.).
The rationale for combining Shani and Bruchelt with Donahue is articulated above and is reincorporated herein by reference.
Claims 43, 44, and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Shani (US 2007/0269030 A1) in view of Bruchelt (US 2012/0115449 A1) and Donahue (US 7,853,478 B2), and further in view of Ettala (US 2010/0318414 A1) and Lewis (US 2009/0199114 A1).
Claim 43: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above, wherein the item of media content is associated with a Target URL (Shani, Paragraphs 44-47). The combination does not appear to explicitly disclose on termination of the call, performing an action in dependence on the resource identified by the URI.
Ettala, however, discloses on termination of the call, performing an action (Paragraphs 4, 13, 23, and 28. When one of the terminals has terminated the call, media is displayed at the terminal display right after the termination, the user responds to the media by giving an input via the terminal interface, and the terminal executes one or more operations based on the input, wherein the termination of the call may launch other applications and act upon links to a web store displayed at the terminal.).
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 combination of Shani, Bruchelt, and Donahue such that, on termination of the call, an action is performed based on the user's interaction with the displayed media content, as taught by Ettala. One would have been motivated to do this in order to enable the user to act upon the media content presented during the call without interrupting the ongoing call.
The combination of Shani, Bruchelt, Donahue, and Ettala does not appear to explicitly disclose that the action performed is in dependence on the resource identified by the URI.
Lewis, however, discloses performing an action in dependence on the resource identified by the URI (Paragraph 39. Activating an advertisement launches a landing page within a web browser, and Lewis further describes a click-to-WAP action that launches a browser to a link provided on the advertising banner and a click-to-content action that navigates to a web link provided by the advertiser.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination such that the action performed on termination of the call is performed in dependence on the resource identified by the URI, i.e., by launching the landing page identified by the URI in a browser, as taught by Lewis. One would have been motivated to do this in order to direct the user to the advertiser's resource associated with the media content with which the user interacted.
Claim 44: The combination of Shani, Bruchelt, Donahue, Ettala, and Lewis discloses those limitations cited above. Donahue further discloses further comprising, using the server (30), maintaining an audit trail comprising records of which items of media content (101) have been used in an augmented call (Col. 6, ll. 25-40; see also col. 16, ll. 5-15. The service application 108 tracks which advertisements are displayed during use and creates a historical record of that activity, which is communicated to and recorded at the delivery platform 102.). Lewis further discloses and which URIs have been interacted with (Paragraph 39. Lewis teaches tracking and reporting the ad-linked interaction action associated with the advertisement, such as a landing-page or browser/WAP action, thereby evidencing interaction with the resource identified by the URI.).
The rationale for combining Shani, Bruchelt, Donahue, Ettala, and Lewis is articulated above and reincorporated herein by reference.
Claim 50: The combination of Shani, Bruchelt, Donahue, Ettala, and Lewis discloses those limitations cited above. Lewis further discloses wherein the action performed in dependence on the resource identified by the URI comprises at least one of: accessing a network location, optionally accessing a web page; and initiating a further telecommunications call (Paragraph 39. Activating the advertisement launches a landing page within a web browser, i.e., accessing a network location and a web page; Lewis further discloses a click-to-call workflow that dials a number associated with the advertisement, i.e., initiating a further telecommunications call.).
The rationale for combining Shani, Bruchelt, Donahue, Ettala, and Lewis is articulated above and reincorporated herein by reference.
Claims 51 and 52 are rejected under 35 U.S.C. 103 as being unpatentable over Shani (US 2007/0269030 A1) in view of Bruchelt (US 2012/0115449 A1) and Donahue (US 7,853,478 B2), and further in view of Lewis (US 2009/0199114 A1).
Claim 51: The combination of Shani, Bruchelt, and Donahue discloses those limitations cited above, but does not appear to explicitly disclose wherein the item of media content (101) comprises a first and a second button (201), (202).
Lewis, however, discloses wherein the item of media content (101) comprises a first and a second button (201), (202) (Paragraph 81. An advertisement banner 374 is displayed with a dedicated advertisement interaction button 380 and an exit button 388, together with additional text 376 reading "#1 to Clip, #2 to Call" explaining two selectable interaction buttons on the advertisement.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the first and second interaction buttons of Lewis into the item of media content of the combination of Shani, Bruchelt, and Donahue. One would have been motivated to do this in order to provide the user with distinct selectable options for interacting with the presented media content.
Claim 52: The combination of Shani, Bruchelt, Donahue, and Lewis discloses those limitations cited above. Lewis further discloses wherein a user may accept an offer associated with the item of media content (101) by pressing the first button (201), or reject the offer by pressing the second button (202) (Paragraphs 81 and 86. Lewis discloses a click-to-buy icon 444 that initiates a purchase transaction, by which the user proceeds with the offer, and an exit button 388, by which the user declines the offer by exiting without proceeding.).
The rationale for combining Shani, Bruchelt, and Donahue with Lewis is articulated above and reincorporated herein by reference.
Other Relevant Art
Though not relied upon in the aforementioned rejections, the following references are nevertheless deemed to be relevant to Applicant’s disclosures:
O’Keefe et al. (8554620), directed to a system and method for high volume call advertising.
Shu et al. (8121897), directed to a system and method of advertisement via mobile terminals.
Macaluso et al. (20130232008), directed to a method for advertising on mobile devices.
Swift et al. (20090043657), directed to a method for selecting ads based on caller identifier information.
Paradise et al. (20110145051), directed to a method for suggesting products for purchase from a retail establishment using a mobile device.
Conclusion
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/CHRISTOPHER C BUSCH/Examiner, Art Unit 3621
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