DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to application 19/249,565 filed 6/25/2025.
Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
on sale or otherwise available to the public before the effective filing date of the claimed
invention.
Claims 1-4, 6, 15-17, and 19-20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Redmond et al., Pub No US 2019/0289368 (hereafter Redmond).
Regarding Claim 1, Redmond discloses a method for providing an advertisement in a linear media service [para.0040: Discloses “The present disclosure relates generally to interactive media playback systems… techniques for seamless media content switching during fixed-duration breaks… Thus, according to some embodiments, when a user presses a "skip button" during a live advertising break of fixed-duration… the new playlist of substitute media content item (e.g., advertisement) will completely fill the remaining advertising break time.”; and para.0049: Discloses “Accordingly, user 102 can utilize client device 104 to play media content items having fixed-duration breaks, such as "live" streams/broadcasts...”], the method being performed by a content playback apparatus [para.0049: Discloses “Accordingly, user 102 can utilize client device 104 to play media content items having fixed-duration breaks”; thus, client device 104 corresponds to the claimed “content playback apparatus.”], the method comprising:
(a) obtaining first list information about a first advertisement group to be provided during a commercial break of the linear media service [para.0049: Discloses “In playing such a media content item, the SCSC module 125 can be configured to detect an upcoming fixed-duration break, and request a playlist identifying one or more media content items to be played during the fixed-duration break from a media play list server 106 of a seamless content switching server (SCSS) module 127...”; thus, the requested playlist identifying one or more media content items corresponds to the claimed “first list information about a first advertisement group.”]; and
(b) performing signal processing and providing at least a part of one advertisement of the first advertisement group based on the first list information during the commercial break [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125. At block 216, upon the occurrence of the break the SCSC module 125 halts playing the original media content item, and at block 218, begins playing a first media content item of the playlist… Block 218 can include… transmitting a request using a location identifier of the first media content item, and receiving data (e.g., a media stream 219) for the first media content item in response.”; Thus, Redmond teaches the claimed limitation because the client processes the received advertisement playlist response message, transmits a request for the first media content item identified therein, receives the corresponding media stream, and provides the advertisement during the commercial break. Such processing of the received playlist and media stream constitutes the claimed performing signal processing while providing at least apart of one advertisement of the first advertisement group based on the first list information.], wherein (b) comprises:
(b-1) receiving a first user input for skipping the first advertisement while providing, by signal processing, a first advertisement having a skippable attribute in the first advertisement group [para.0121: Discloses “during the playing of a selected media content item, a request is received to skip playing a remainder of that selected media content item (block 815)… the receipt of the request (block 815) can include receiving a user input indicating a user's desire to skip at least some of the currently-playing media content item.”; Thus, Redmond teaches the claimed limitation because a user input is received to skip the currently-playing first media content item while it is being played.];
(b-2) in response to the first user input, stopping the provision of the first advertisement, and obtaining second list information about a second advertisement group to be provided in a first remaining time during the commercial break [para.0121: Discloses “… a skip request message is transmitted to a server, which indicates that the user desires to skip playing the remainder of the selected media content item... a receipt of this skip request message by the server causes the server to generate an updated playlist having a total duration that is the same as, or less than, a remaining time of the fixed-duration break.”; and para.0122: Discloses “receiving, from the server, a second media playlist identifying a second set of one or more media content items to be played during a remaining amount of time until the end of the break.”; Thus, Redmond teaches the claimed limitation because, in response to the skip request, an updated playlist is generated for the remaining time of the commercial break.]; and
(b-3) performing signal processing and providing at least a part of one advertisement of the second advertisement group based on the second list information during the first remaining time [para.0122: Discloses “At block 840, the flow 800 includes receiving, from the server, a second media playlist identifying a second set of one or more media content items to be played during a remaining amount of time until the end of the break.”; and para.0124: Discloses “Thus, at block 850, the flow 800 includes continuing to play the selected media content item… up to the delay duration amount of time.”; and para.0126: Discloses “… flow can continue with block 860, where a media content item from the "updated" second playlist is selected to be played…”; Thus, Redmond teaches the claimed limitation because a media content item from the second playlist is selected and played during the remaining portion of the commercial break.].
Regarding Claim 2, Redmond discloses the method of claim 1, Redmond further discloses wherein (a) comprises one of:
(a-1) receiving the first list information from an apparatus that provides the linear media service or from an apparatus that provides the first list information [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125.”; Thus, Redmond teaches the clamed limitation because the SCSC module receives the playlist from the SCSS module, which provides the first list information.]; and
(a-2) generating the first list information using predetermined list generation reference information [Not relied upon.].
Regarding Claim 3, Redmond discloses the method of claim 2, Redmond further discloses wherein the predetermined list generation reference information is generated based on at least one of information about the content playback apparatus or information about a user of the content playback apparatus [para.0051: Discloses “The message can include any of an identifier of the user 102, an identifier of the client device 104… The media recommendation engine 108 can select one or more media content items for the playlist based upon many different factors… including… demographic information of the user 102, prior history of the user 102…, a type… of the particular program currently
being watched by the user 102…” Thus, Redmond teaches the claimed limitation because the media recommendation engine generalates the playlist based on information about the user of the client device.].
Regarding Claim 4, Redmond discloses the method of claim 1, Redmond further discloses wherein (a) comprises:
(a-3) determining whether to receive the first list information from: an apparatus that provides the linear media service or an apparatus that provides the first list information; or to generate the first list information using predetermined list generation reference information [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125.”; Thus, Redmond teaches the claimed limitation because the SCSC module receives the first list information (playlist) from the SCSS module.];
(a-4) if it is determined in (a-3) to receive the first list information from the apparatus that provides the linear media service or the apparatus that provides the first list information, receiving the first list information from the apparatus that provides the linear media service or the apparatus that provides the first list information [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125.”; Thus, Redmond teaches the claimed limitation because the playlist is received from the SCSS module.]; and
(a-5) if it is determined in step (a-3) to generate the first list information using the predetermined list generation reference information, generating the first list information using the predetermined list generation reference information [Not relied upon due to a mutually exclusive conditional branch.].
Regarding Claim 6, Redmond discloses the method of claim 1, Redmond further discloses wherein (b) comprises:
(b-4) providing guidance information indicating that the first advertisement is skippable, together with the first advertisement, while the first advertisement is being signal-processed and provided [para.0040: Discloses “… when a user presses a "skip button" during a live advertising break of fixed-duration…”; and FIG.5A: Discloses “SKIP CONTENT BUTTON 510” displayed together with “[Currently Playing Content]”; Thus, Redmond teaches the claimed limitation because the skip content button is displayed while the media content item is being played, thereby providing guidance that the advertisement is skippable.].
Regarding Claim 15, Redmond discloses the method of claim 1, Redmond further discloses wherein the second advertisement group includes a fifth advertisement that is included in the first advertisement group but is not provided in (b), and the second list information is configured so that the fifth advertisement is provided at a beginning portion of the first remaining time [para.0041: Discloses “a user can request that a media content item played by a client device during a fixed-length break be skipped… determine an updated playlist of one or more media content items… provide the updated playlist to the client device.”; and para.0073: Discloses “begins playing a first media content item of the playlist.”; Thus, Redmond teaches the claimed limitation because, after the skipped media content item that is played first during the remaining break period, corresponding under broadest reasonable interpretation to the fifth advertisement provided at the beginning of the first remaining time.].
Regarding Claim 16, Redmond discloses the method of claim 1, Redmond further discloses wherein (b-2) comprises one of:
(b-2-1) receiving the second list information from an apparatus that provides the linear media service or an apparatus that provides the first list information [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125.”; Thus, Redmond teaches the claimed limitation because the SCSC module receives the updated playlist from the SCSS module.]; and
(b-2-2) generating the second list information using predetermined list generation reference information [Not relied upon.].
Regarding Claim 17, Redmond discloses the method of claim 1, Redmond further discloses wherein (b-2) comprises:
(b-2-3) determining whether to receive the second list information from: an apparatus that provides the linear media service or an apparatus that provides the first list information; or to generate the second list information using predetermined list generation reference information [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125.”; Thus, Redmond teaches the claimed limitation because the SCSS module determines to receive the updated playlist from the SCSS module rather than generate the playlist locally.];
(b-2-4) if it is determined in (b-2-3) to receive the second list information from the apparatus that provides the linear media service or the apparatus that provides the first list information, receiving the second list information from the apparatus that provides the linear media service or the apparatus that provides the first list information [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125.”; Thus, Redmond teaches the claimed limitation because the SCSS module receives the updated playlist from the SCSS module.]; and
(b-2-5) if it is determined in (b-2-3) to generate the second list information using the predetermined list generation reference information, generating the second list information using the predetermined list generation reference information [Not relied upon.].
Regarding Claim 19, Redmond discloses the method of claim 1, Redmond further discloses wherein (b-3) comprises:
(b-3-1) while providing, by signal processing, a third advertisement having a skippable attribute in the second advertisement group, receiving a second user input for skipping the third advertisement [para.0040: Discloses “… when a user presses a "skip button" during a live advertising break of fixed-duration…”; and para.0041: Discloses “a user can request that a media content item played by a client device during a fixed-length break be skipped.”; Thus, Redmond teaches receiving a user input requesting to skip an advertisement.];
(b-3-2) in response to the second user input, stopping the provision of the third advertisement, and obtaining third list information about a third advertisement group to be provided in a second remaining time during the first remaining time [para.0041: Discloses “When the skip request occurs, a server can determine an amount of time remaining in the break, determine an updated playlist of one or more media content items… and provide the updated playlist to the client device.”; Thus, Redmond teaches obtaining updated list information responsive to the skip request. ]; and
(b-3-3) performing signal processing and providing at least a part of one advertisement of the third advertisement group based on the third list information during the second remaining time [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125. At block 216… the SCSC module 125 halts playing the original media content item, and at block 218, begins playing a first media content item of the playlist...”; Thus, Redmond teaches providing an advertisement from the updated playlist during the remaining break time.].
Regarding Claim 20, Redmond discloses the method of claim 19, Redmond further discloses wherein the third advertisement group includes at least a sixth advertisement that is included in the second advertisement group but is not provided in (b-3), and the third list information is configured so that the sixth advertisement is provided at a beginning portion of the second remaining time [para.0041: Discloses “When the skip request occurs, a server can determine an amount of time remaining in the break, determine an updated playlist of one or more media content items… and provide the updated playlist to the client device.”; and para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125. At block 216… the SCSC module 125 halts playing the original media content item, and at block 218, begins playing a first media content item of the playlist...”; Thus, Redmond teaches that after a skip request, an advertisement that was included in the updated playlist but not previously provided is provided at the beginning of the remaining break time.].
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.
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Redmond et al., Pub No US 2019/0289368 (hereafter Redmond) in view of PARK MYOUNG-SUN, Pub No WO2013081270 (hereafter Park).
Regarding Claim 5, Redmond discloses the method of claim 1, Redmond does not explicitly disclose wherein (a) comprises:
(a-6) generating the first list information by combining first temporary list information received from an apparatus that provides the linear media service or an apparatus that provides the first list information, and second temporary list information generated using predetermined list generation reference information. However, in analogous art, Park discloses generating first list information by generating first metadata corresponding to first TS files (moving image TS files) [paras.0068-0071]. Park further discloses that a list file transmission unit combines the list based on the first metadata and the list based on the second metadata to generate a streaming list file (e.g., an M3U8 streaming list file) [para.0076]. The generated M3U8 list files include metadata corresponding to the first TS files and the metadata corresponding to the second TS files [para.0096]. Park additionally discloses that generation of the streaming list file is based on predetermined list generation reference information including a moving image conversion table that maps streaming TS files to corresponding moving image or advertisement TS files [paras.0098-0100] and Table 1. Park further discloses selecting an advertisement exposure scheme that determines the order in which advertisement TS files and moving image TS files are arranged within the generated streaming list file [paras.0077-0078, 0084-0089}.
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 Redmond with the cited features, as taught by Park, in order to generate a streaming list using first temporary list information and second temporary list information according to predetermined list generation reference information, thereby providing an organized mapping between media content and advertisement content for generating of a combined streaming list for delivery to a client. Such modification would have predictably improved the generation and management of streaming list information for serving different media content while preserving the known functionality of Redmond’s streaming system [Park – paras. 0076-0078, 0096, 0098-0100].
Regarding Claim 18, Redmond discloses the method of claim 1, Redmond does not explicitly disclose wherein (b-2) comprises:
(b-2-6) generating the second list information by combining third temporary list information received from an apparatus that provides the linear media service or an apparatus that provides the first list information, and fourth temporary list information generated using predetermined list generation reference information. However, in analogous art, Park discloses generating second list information by combining third temporary list information corresponding to first TS files (moving image TS files) [paras.0068-0071] with second temporary list information corresponding to second TS files (advertisement TS files) to generate a streaming list file [para.0076]. Park further discloses that the generated M3U8 streaming list includes metadata corresponding to both the first TS files and the second TS files [para.0096]. Park additionally discloses that generation of the streaming list is based on predetermined list generation reference information including a moving image conversion table and advertisement exposure scheme [paras.0077-0078, 0084-0089, 0098-0100; Table 1].
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 Redmond with the cited features, as taught by Park, in order to generate the second list information by combining third temporary list information received from an apparatus and fourth temporary list information generated using predetermined list generation reference information, thereby providing an organized association between media content and advertisement content for the generation of the streaming list. Such modification would have predictably improved the generation and management of streaming list information for serving different media content while preserving the known functionality of Redmond’s streaming system [Park – paras. 0076-0078, 0096, 0098-0100].
Claims 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over Redmond et al., Pub No US 2019/0289368 (hereafter Redmond) in view of Balasubramanian et al., Pat No US 9,961,402 (hereafter Balasubramanian).
Regarding Claim 7, Redmond discloses the method of claim 1, Redmond further discloses wherein the first advertisement group includes at least the first advertisement and a second advertisement [para.0049: Disclose “a playlist identifying one or more media content items to be played during the fixed-duration break…”; and paras.0122 and 0126 discloses a second playlist identifying a second set of one or more media content items to be played during the remaining portion of the commercial break; thus Redmond teaches an advertisement group including multiple advertisements, including a first advertisement and a second advertisement.], and Redmond does not explicitly disclose having a non-skippable attribute. However, in analogous art, Balasubramanian discloses advertising attributes specifying whether advertisements are allowed to be skipped, including an “Allow Skipping” setting, thereby teaching advertisements having a non-skippable attribute when skipping is not allowed (Fig.6, col.9 lines 1-5, col.19 lines 18-41). 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 Redmond with the non-skippable advertisement attribute, as taught by Balasubramanian, so that the second advertisement within Redmond’s advertisement group has the known non-skippable attribute, in order to control viewer interaction with selected advertisements and ensure presentation of desired advertising content. Such modification would have yielded the predictable result of providing an advertisement group including both skippable and/or non-skippable advertisements while preserving the known operation of Redmond’s commercial break playback (Fig.6).
Regarding Claim 8, the combined teachings of Redmond and Balasubramanian disclose the method of claim 7, Redmond further discloses wherein the first list information is configured so that the first advertisement is provided at one of a beginning portion and a middle portion of the commercial break [para.0073: Discloses “… upon the occurrence of the break… begins playing a first media content item of the playlist.”; Thus, Redmond teaches the claimed limitation because the first media content item of the playlist is played at the beginning of the commercial break, satisfying the claimed “beginning portion.”].
Regarding Claim 9, the combined teachings of Redmond and Balasubramanian disclose the method of claim 7, Redmond further discloses wherein the first list information is configured so that the second advertisement is provided at one of a beginning portion and an end portion of the commercial break [para.0074: Discloses “… play the first media content item until its end, and play each remaining media content item identified in the playlist (if any) until the end of the fixed-duration break.”; Thus, Redmond teaches the claimed limitation because the second media content item is one of the remaining media content items played until the end of the commercial break, satisfying the claimed end portion.].
Regarding Claim 10, Redmond discloses the method of claim 1, Redmond further discloses wherein the second advertisement group includes at least a third advertisement and a fourth advertisement [para.0049: Disclose “a playlist identifying one or more media content items to be played during the fixed-duration break…”; and paras.0122 and 0126 discloses a second playlist identifying a second set of one or more media content items to be played during the remaining portion of the commercial break; thus Redmond teaches an advertisement group including multiple advertisements, including a first, second, third, fourth … plurality advertisements]. Redmond does not explicitly disclose wherein the second advertisement group includes at least a third advertisement having a skippable attribute and a fourth advertisement having a non-skippable attribute (emphasis added to distinguish the elements not taught by Redmond). However, in analogous art, Balasubramanian discloses advertisements having configurable skipping attributes, including an “Allow Skipping” setting that permits advertisements to be configured as skippable or non-skippable (Fig.6, col.9 lines 1-5, col.19 lines 18-41). 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 Redmond with the non-skippable advertisement attribute, as taught by Balasubramanian, so that the third advertisement has the known skippable attribute and the fourth advertisement has the known non-skippable attribute as taught by Balasubramanian, in order to control viewer interaction with selected advertisements and ensure presentation of desired advertising content. Such modification would have yielded the predictable result of providing an advertisement group including advertisements having respective skippable and non-skippable attributes while preserving the known operation of Redmond’s commercial break playback (Fig.6).
Regarding Claim 11, the combined teachings of Redmond and Balasubramanian disclose the method of claim 10, Redmond further discloses wherein the second list information is configured so that the third advertisement is provided at one of a beginning portion and a middle portion of the first remaining time [para.0073: Discloses “The SCSS module 127 then transmits an ad playlist response message 214 including the playlist to the SCSC module 125. At block 216, upon the occurrence of the break the SCSC module 125 halts playing the original media content item, and at block 218, begins playing a first media content item of the playlist…”; Thus, Redmond teaches the claimed limitation because the first media content item of the updated playlist is provided at the beginning of the remaining break time, which reads on the claimed “beginning portion” under the broadest reasonable interpretation.].
Regarding Claim 12, the combined teachings of Redmond and Balasubramanian disclose the method of claim 10, Redmond further discloses wherein the second list information is configured so that the fourth advertisement is provided at one of a beginning portion or an end portion of the first remaining time [para.0074: Discloses “play the first media content item until its end, and play each remaining media content item identified in the playlist (if any) until the end of the fixed-duration break.”; Thus, Redmond teaches the claimed limitation because the fourth advertisement corresponds to one of the remaining media content items played until the end of the remaining break, satisfying the claimed end portion ].
Regarding Claim 13, the combined teachings of Redmond and Balasubramanian disclose the method of claim 10, Redmond further discloses wherein the second advertisement group further includes a filler advertisement having a non-skippable attribute [para.0041: Discloses “a user can request that a media content item played by a client device during a fixed-length break be skipped… determine an updated playlist of one or more media content items…; and para.0074: Discloses “play each remaining media content item identified in the playlist (if any) until the end of the fixed-duration break.”; Thus, Redmond teaches the claimed limitation because the updated playlist may include additional media content items that are played to fill the remaining break time, corresponding under the broadest reasonable interpretation to a filler advertisement.].
Regarding Claim 14, the combined teachings of Redmond and Balasubramanian disclose the method of claim 13, Redmond further discloses wherein the second list information is configured so that the filler advertisement is provided at one of a beginning portion, a middle portion, and an end portion of the first remaining time [para.0041: Discloses “determine an updated playlist of one or more media content items…”; and para.0074: Discloses “play each remaining media content item identified in the playlist (if any) until the end of the fixed-duration break.”; Thus, Redmond teaches the claimed limitation because the updated playlist may contain multiple media content items that are sequentially played throughout the remaining break time, thereby placing a filler advertisement at the beginning, middle, or end of the remaining time depending on its position within the updated playlist.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Todd Bowra, (US 2010/0280876) – Discloses skip all or a portion of advertisements presented in breaks of content provided by an online media content provider. Each time a user views an ad, a record of the user's viewing behavior is stored in a user profile database. Each record contains information such as an ad ID, subject matter tags, the amount of time the user viewed the ad, and a user identifier [para.0021]. A content provider attempts to display as many ads during a commercial break as possible in order to maximize the advertising revenue generated during the commercial break. However, because it may not be possible to utilize every second of the commercial break, the ad server determines if the time remaining in the commercial break is less than a predetermined threshold. If the time remaining in the commercial break is less than the threshold, the user is returned to the program and the content server begins to deliver the content to the user [para.0046].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADIL OCAK whose telephone number is (571) 272-2774. The examiner can normally be reached on M-F 8:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached on 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADIL OCAK/Primary Examiner, Art Unit 2426
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