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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Status
Claims 1-20 are pending in this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 8 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 8 recites the limitation "the manifest manipulator service" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,028,585.
Claims 1-20 are further rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,389,085.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 are an obvious variation of the patented claims.
Application #19/271,572
U.S. Patent No. 12,028,585
U.S. Patent No. 12,389,085
1. A method comprising: receiving, by a computing device, a manifest for video requested by a client device, the manifest including links for different versions of the video for the client device to use to request segments of the different versions of the video based on conditions detected by the client device; selecting, by the computing device, a placeholder in the manifest based on a configuration specifying the placeholder as a trigger to insert a reference to alternate content into the manifest, the alternate content being inserted into playback of the video;
selecting, by the computing device, a metadata payload based on the configuration specifying the placeholder and a source of the metadata payload;
dynamically inserting,
by the computing device, the metadata payload into the manifest at a position based on the placeholder, the metadata payload added with an identifier from the configuration that identifies
the metadata
payload to the client
device; and outputting, by the computing device, the manifest with the reference to the alternate content and the metadata payload for use by the client device while playing the video.
1. A method comprising: receiving, by a computing device, a manifest for video requested by a client device, the manifest including links to a respectively selected version of the video, selected by the client device from among a plurality of different versions based on conditions detected by the client device; selecting, by the computing device, a placeholder in the manifest, where
the placeholder
is a trigger to insert a reference to alternate content into the manifest, the alternate content insertable into playback of the video using the reference;
8. … the source of the metadata payload is from a manifest manipulator service, and the metadata payload is selected from a configuration of the manifest manipulator service.
1. … dynamically inserting, by the computing device, a metadata payload into the manifest at a position based on the placeholder, the metadata payload customizable at runtime using a configuration syntax and an identifier that associates the metadata payload with the client device; and outputting, by the computing device, the manifest with the reference to the alternate content and the metadata payload for use by the client device while playing the video.
1. A method comprising: receiving, by a computing device, a manifest for video requested by a client device, the manifest including links
to a respectively selected version of the video,
selected or selectable by the client device from among a plurality of different versions based on conditions detected by the client device; selecting, by the computing device, a placeholder in the manifest, where
the placeholder
is a trigger to insert a
reference to alternate
content into the manifest,
the alternate content
insertable into playback of the video using the reference;
8. … the source of the metadata payload is from a manifest manipulator service, and the metadata payload is selected from a configuration of the manifest manipulator service.
1. … dynamically inserting,
by the computing device,
a metadata payload into
the manifest at a position based on the placeholder,
the metadata payload customizable at runtime
using a configuration syntax and an identifier that associates the metadata
payload with the client
device; and outputting, by the computing device, the
manifest with the reference
to the alternate content and
the metadata payload for
use by the client device
while playing the video.
2. The method of claim 1, wherein: the source of the metadata payload is from the client device, and the metadata payload is selected from a link sent by the client device.
2. The method of claim 1, wherein: the source of the metadata payload is from the client device, and the metadata payload is selected from a link sent by the client device.
2. The method of claim 1, wherein: the source of the metadata payload is from
the client device, and the metadata payload is selected from a link sent by the
client device.
3. The method of claim 2, wherein the metadata payload is based on a parameter from the link.
3. The method of claim 2, wherein the metadata payload is based on a parameter from the link.
3. The method of claim 2, wherein the metadata
payload is based on a parameter from the link.
4. The method of claim 2, wherein the metadata payload is based on a regular expression for data in the link.
4. The method of claim 2, wherein the metadata payload is based on a regular expression for data in the link.
4. The method of claim 2, wherein the metadata
payload is based on a
regular expression for data in the link.
5. The method of claim 1, wherein: the source of the metadata payload is from an advertisement engine that selects advertisements for insertion in the manifest, and the metadata payload is selected from a response from the advertisement engine when the advertisement engine is called to select the advertisements.
5. The method of claim 1, wherein: the source of the metadata payload is from an advertisement engine that selects advertisements for insertion in the manifest, and the metadata payload is selected from a response from the advertisement engine when the advertisement engine is called to select the advertisements.
5. The method of claim 1, wherein: the source of the metadata payload is from an advertisement engine that selects advertisements for insertion in the manifest,
and the metadata payload is selected from a response
from the advertisement
engine when the
advertisement engine is
called to select the advertisements.
6. The method of claim 5, wherein the metadata payload is based on a path that provides information related to the client device playing an advertisement that was selected by the ad engine.
6. The method of claim 5, wherein the metadata payload is based on a path that provides information related to the client device playing an advertisement that was selected by the ad engine.
6. The method of claim 5, wherein the metadata
payload is based on a path
that provides information related to the client device playing an advertisement
that was selected by the ad engine.
7. The method of claim 6, wherein the path is an impression tracker for the playing of the advertisement.
7. The method of claim 6, wherein the path is an impression tracker for the playing of the advertisement.
7. The method of claim 6, wherein the path is an impression tracker for the playing of the
advertisement.
8. The method of claim 1, wherein: the source of the metadata payload is from the manifest manipulator service, and the metadata payload is selected from a configuration of the manifest manipulator service.
8. The method of claim 1, wherein: the source of the metadata payload is from a manifest manipulator service, and the metadata payload is selected from a configuration of the manifest manipulator service.
8. The method of claim 1, wherein: the source of the metadata payload is from a manifest manipulator
service, and the metadata payload is selected from a configuration of the
manifest manipulator
service.
9. The method of claim 8, wherein the metadata payload is based on a variable from the configuration.
9. The method of claim 8, wherein the metadata payload is based on a variable from the configuration.
9. The method of claim 8, wherein the metadata
payload is based on a
variable from the configuration.
10. The method of claim 1, wherein: the source of the metadata payload is from the manifest, and the metadata payload is selected from the manifest that is received for the video.
10. The method of claim 1, wherein: the source of the metadata payload is from the manifest, and the metadata payload is selected from the manifest that is received for the video.
10. The method of claim 1, wherein: the source of the metadata payload is from
the manifest, and the
metadata payload is selected from the manifest that is received for the video.
11. The method of claim 10, wherein the metadata payload is based on a variable from the manifest.
11. The method of claim 10, wherein the metadata payload is based on a variable from the manifest.
11. The method of claim 10, wherein the metadata
payload is based on a variable from the manifest.
12. The method of claim 1, wherein the configuration specifies name and value pairs that are used to select the placeholder and the source of the metadata payload.
12. The method of claim 1, wherein the configuration syntax specifies name and value pairs that are used to select the placeholder and the source of the metadata payload.
12. The method of claim 1, wherein the configuration syntax specifies name and value pairs that are used to select the placeholder and the source of the metadata payload.
13. The method of claim 1, wherein the configuration specifies at least one of a client device, an advertisement engine, a manifest, and a manifest manipulator service as the source of the metadata payload.
13. The method of claim 1, wherein the configuration syntax specifies at least one of a client device, an advertisement engine, a manifest, and a manifest manipulator service as the source of the metadata payload.
13. The method of claim 1, wherein the configuration syntax specifies at least one
of a client device, an advertisement engine, a manifest, and a manifest manipulator service as the source of the metadata payload.
14. The method of claim 1, wherein the placeholder comprises a placement opportunity start placeholder indicating a start of an advertisement break and a placement opportunity end placeholder indicating an end of an advertisement break.
14. The method of claim 1, wherein the placeholder comprises a placement opportunity start placeholder indicating a start of an advertisement break and a placement opportunity end placeholder indicating an end of an advertisement break.
14. The method of claim 1, wherein the placeholder comprises a placement opportunity start
placeholder indicating a
start of an advertisement
break and a placement opportunity end placeholder indicating an end of an advertisement break.
15. The method of claim 1, wherein the placeholder comprises a placement start placeholder indicating a start of an opportunity to insert an advertisement or blackout content as the alternate content and a placement end placeholder indicating an end of an opportunity to insert the advertisement or blackout content as the alternate content.
15. The method of claim 1, wherein the placeholder comprises a placement start placeholder indicating a start of an opportunity to insert an advertisement or blackout content as the alternate content and a placement end placeholder indicating an end of an opportunity to insert the advertisement or blackout content as the alternate content.
15. The method of claim 1, wherein the placeholder comprises a placement start placeholder indicating a
start of an opportunity to
insert an advertisement or blackout content as the alternate content and a placement end placeholder indicating an end of an opportunity to insert the advertisement or blackout content as the alternate content.
16. The method of claim 1, wherein the placeholder comprises an end of session placeholder indicating the end of a session.
16. The method of claim 1, wherein the placeholder comprises an end of session placeholder indicating the end of a session.
16. The method of claim 1, wherein the placeholder comprises an end of session placeholder indicating the end of a session.
17. The method of claim 1, wherein the client device selects the metadata payload while playing the video to perform an action specified by the metadata payload.
2. The method of claim 1, wherein: the source of the metadata payload is from the client device, and the metadata payload is selected from a link sent by the client device.
2. The method of claim 1, wherein: the source of the metadata payload is from the client device, and the
metadata payload is selected from a link sent by the client device.
18. A non-transitory computer-readable storage medium containing instructions, that when executed, control a computer system to be configured for:
receiving
a manifest for video requested by a client device, the manifest including links for different versions of the video for the client device to use to request segments of the different versions of the video based on conditions detected by the client device; selecting
a
placeholder in the manifest based on a configuration specifying the placeholder as a trigger to insert a reference to alternate content into the manifest, the alternate content being inserted into playback of the video;
selecting a metadata payload based on the configuration specifying the placeholder and a source of the metadata payload;
dynamically inserting
the metadata payload into the
manifest at a position based on the placeholder, the metadata payload
added with an identifier from the configuration that identifies the metadata payload to the client device; and outputting
the
manifest with the reference to the alternate content and the metadata payload for use by the client device while playing the video.
1. A method comprising:
receiving, by a computing device, a manifest for video requested by a client device, the manifest including links to a respectively selected version of the video, selected by the client device from among a plurality of different versions based on conditions detected by the client device; selecting, by the computing device, a placeholder in the manifest, where
the placeholder
is a trigger to insert a reference to alternate content into the manifest, the alternate content insertable into playback of the video using the reference;
8. … the source of the metadata payload is from a manifest manipulator service, and the metadata payload is selected from a configuration of the manifest manipulator service.
1. … dynamically inserting, by the computing device, a metadata payload into the manifest at a position based on the placeholder, the metadata payload customizable at runtime using … an identifier that associates the metadata payload with the client device;
and outputting, by the computing device, the manifest with the reference to the alternate content and the metadata payload for use by the client device while playing the video.
1. A method comprising:
receiving, by a computing device, a manifest for video requested by a client device, the manifest including links
to a respectively selected version of the video,
selected or selectable by the client device from among a plurality of different versions based on conditions detected by the client device; selecting, by the computing device, a placeholder in the manifest, where
the placeholder
is a trigger to insert a
reference to alternate
content into the manifest,
the alternate content
insertable into playback of the video using the reference;
8. … the source of the metadata payload is from a manifest manipulator service, and the metadata payload is selected from a configuration of the manifest manipulator service.
1. … dynamically inserting,
by the computing device,
a metadata payload into
the manifest at a position based on the placeholder,
the metadata payload customizable at runtime
using … an identifier that associates the metadata
payload with the client
device;
and outputting, by the computing device, the
manifest with the reference
to the alternate content and
the metadata payload for
use by the client device
while playing the video.
19. A method comprising: receiving, by a computing device, a manifest for video requested by a client device, the manifest including links for different versions of the video for the client device to use to request segments of the different versions of the video based on conditions detected by the client device; parsing, by the computing device, the manifest to recognize a placeholder in the manifest based on a configuration specifying the placeholder as a trigger where a metadata payload is inserted into the manifest, the placeholder indicating where to insert a reference to alternate content into the manifest, the alternate content being inserted into playback of the video; determining, by the computing device, that the placeholder in the configuration specifies at
least one of a client device, an advertisement engine, a manifest, and a manifest manipulator service as a source of the metadata payload;
retrieving, by the computing device, real-time information from at least one of the client device, the advertisement engine, the manifest, and the manifest manipulator service as the metadata payload; dynamically inserting, by the computing device, the real-time information as the metadata payload into the manifest at a position based on the placeholder, the metadata payload added with an identifier from the configuration that identifies the metadata payload to the client device; and outputting, by the computing device, the manifest with the metadata payload for use by the client device while playing the video.
1. A method comprising: receiving, by a computing device, a manifest for video requested by a client device, the manifest including links to a respectively selected version of the video, selected by the client device from among a plurality of different versions based on conditions detected by the client device; selecting, by the computing device,
a
placeholder in the manifest, where
the placeholder
is a trigger to insert a reference to alternate content into the manifest, the alternate content insertable into playback of the video using the reference;
13. … the configuration syntax specifies at
least one of a client device, an advertisement engine, a manifest, and a manifest manipulator service as the source of the metadata payload.
1. … the metadata payload customizable at runtime using a configuration syntax and an identifier that associates the metadata payload with the client device
dynamically inserting, by the computing device, a metadata payload into the manifest at a position based on the placeholder, the metadata payload customizable at runtime using … an identifier that associates the metadata payload with the client device; and outputting, by the computing device, the manifest with the reference to the alternate content and the metadata payload for use by the client device while playing the video.
1. A method comprising:
receiving, by a computing device, a manifest for video requested by a client device, the manifest including links
to a respectively selected version of the video,
selected or selectable by the client device from among a plurality of different versions based on conditions detected by the client device; selecting, by the computing device,
a
placeholder in the manifest, where
the placeholder
is a trigger to insert a
reference to alternate
content into the manifest,
the alternate content
insertable into playback of
the video using the
reference;
13. … the configuration syntax specifies at
least one of a client device,
an advertisement engine, a manifest, and a manifest manipulator service as the source of the metadata payload.
1. … the metadata payload customizable at runtime
using a configuration syntax and an identifier that
associates the metadata payload with the client
device
dynamically inserting, by
the computing device,
a metadata payload into
the manifest at a position based on the placeholder,
the metadata payload customizable at runtime
using … an identifier that associates the metadata
payload with the client
device; and outputting, by the computing device, the
manifest with the reference
to the alternate content and
the metadata payload for
use by the client device
while playing the video.
20. The method of claim 19, wherein the placeholder comprises at least one of: a placement start placeholder indicating a start of an advertisement break, a placement end placeholder indicating an end of an advertisement break, a placement opportunity start placeholder indicating a start of an opportunity to insert an advertisement, a placement opportunity end placeholder indicating an end of an opportunity to insert an advertisement, and an end of session placeholder indicating the end of a session.
15. The method of claim 1, wherein the placeholder comprises a
placement start placeholder indicating a start of an opportunity to insert an advertisement or blackout content as the alternate content and a placement end placeholder indicating an end of an opportunity to insert the advertisement or blackout content as the alternate content.
15. The method of claim 1, wherein the placeholder comprises a
placement start placeholder indicating a start of an opportunity to insert an advertisement or blackout content as the alternate
content and a placement end placeholder indicating an
end of an opportunity to insert the advertisement or blackout content as the alternate content.
Allowable Subject Matter
Claims 1-20 would be allowable if the 112(b) and double patenting rejections were to be overcome.
Conclusion
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/ALEXANDER BOYD/Examiner, Art Unit 2424
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