Prosecution Insights
Last updated: July 17, 2026
Application No. 19/279,695

Use of Machine-Learning to Predict, Based on Ambient Light, When a Visual Media Presentation Device was Presenting Visual Media Content

Non-Final OA §103
Filed
Jul 24, 2025
Priority
Dec 18, 2024 — provisional 63/735,584
Examiner
LANGHNOJA, KUNAL N
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
The Nielsen Company (US) LLC
OA Round
1 (Non-Final)
44%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allowance Rate
175 granted / 400 resolved
-14.2% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
20 currently pending
Career history
422
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
89.1%
+49.1% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 400 resolved cases

Office Action

§103
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 . 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwittmann (“Identifying TV Channels & On-Demand Videos using Ambient Light Sensors”, 2016), in view of Mafoodh et al (US PG Pub No. 2019/0341001). Regarding claim 1, Schwittmann et al teaches a method (Abstract) comprising: monitoring changes in ambient light over a period of time within a space encompassing a visual media-presentation device (i.e. ambient light can stem from reflections of the wall if a mobile device is not pointed at the tv screen) (Figure 1), and generating ambient-light data representing the monitored changes (i.e. data retrieved by sampling the ambient light sensor) (Abstract, Introduction: 2nd paragraph page 364); providing the generated ambient-light data as input (i.e. data retrieved by sampling the ambient light sensor and providing said data to a server) (Figure 2; Introduction: 2nd paragraph page 364); based on the provided ambient-light data, a prediction of whether the visual media-presentation device was presenting visual media content during the period of time (i.e. the server can identify the video being played) (Abstract, Introduction: 2nd paragraph page 364, Approach: 1st Paragraph Page 365); and using the received prediction as a basis to control media-exposure measurement (i.e. data retrieved by sampling the ambient light sensor, providing said data to a server and the server can identify the video being played) (Introduction: 2nd paragraph page 364, Approach: 1st Paragraph Page 365). The reference is unclear with respect to a trained machine-learning model and receiving from the machine-learning model. In similar field of endeavor, Mafoodh et al teaches a trained machine-learning model and receiving from the machine-learning model (Figure 5; Para. 0027-28). Therefore, it would have been obvious to one of ordinary skill in the art to modify the reference before the effectively filing date of the claimed invention for the purpose of easily implementing self-adjustment functions of screen brightness based on the change of the ambient light. Claim 2 is rejected wherein the visual media-presentation device is a television (Figure 1; Introduction: 1st Paragraph). Claim 3 is rejected wherein using the received prediction as a basis to control media-exposure measurement comprises using the received prediction as a basis to control reporting of media-exposure data to a media-measurement platform and/or as a basis to control generating of media-exposure data (i.e. data retrieved by sampling the ambient light sensor, providing said data to a server and the server can identify the video being played) (Introduction: 2nd paragraph page 364, Approach: 1st Paragraph Page 365). Claim 4 is rejected wherein monitoring the changes in ambient light over the period of time comprises sampling the ambient light at a sampling rate that is at least two times a frame rate of the television (i.e. Sample every 250ms to achieve a high recognition ration) (Section 8.3: Server-Side load). Claim 5 is rejected wherein monitoring the changes in ambient light over the period of time comprises sampling the ambient light, and wherein generating the ambient-light data based on the monitoring comprises, for each sample of the ambient light, generating at least one corresponding data value indicating at least one change in the ambient light from an immediately preceding sample of the ambient light (Figure 5; Section 8.3: Server-Side load, Page 367: Deferred correlations: 2nd paragraph). Claim 6 is rejected wherein the at least one data value indicates a change in intensity of the ambient light (i.e. a steep change in the illuminance of the measurement) (Figure 5; Section 8.3: Server-Side load, Page 367: Deferred correlations: 2nd paragraph). Claim 7 is rejected wherein the at least one data value indicates whether the intensity of the ambient light increased, decreased, or was unchanged (i.e. a steep change in the illuminance of the measurement) (Figure 5; Section 8.3: Server-Side load, Page 367: Deferred correlations: 2nd paragraph). Claim 8 is rejected wherein the at least one data value indicates a delta in intensity of the ambient light (i.e. a steep change in the illuminance of the measurement) (Figure 5; Section 8.3: Server-Side load, Page 367: Deferred correlations: 2nd paragraph). Regarding claim 9, Schwittmann and Mafoodh, the combination teaches at least one data value indicates a change in color temperature of the ambient light (Mafoodh: Para. 0016, 0026-27). Regarding claim 10, Schwittmann and Mafoodh, the combination teaches at least one data value indicates a change in color of the ambient light (Mafoodh: Para. 0016, 0026-27). Claim 11 is rejected wherein repeating, on a sliding time window basis, the monitoring, providing, receiving, and using (Section 8.3: Server-Side load). Claim 12 is rejected wherein the method is carried out by a computing system within the space (Figure 1; Abstract, Introduction: 2nd paragraph page 364, Approach: 1st Paragraph Page 365) Regarding claim 13, Schwittmann and Mafoodh, the combination teaches limitations discussed with respect to claim 1. The combination teaches a computing system comprising: at least one ambient-light sensor; at least one processor; non-transitory data storage; and program instructions stored in the non-transitory data storage and executable by the at least one processor to carry out operations (Schwittmann: Abstract and Mafoodh: Figure 1) including: receiving, from the ambient-light sensor, signaling representing the ambient light sensed over time in a space encompassing a visual media-presentation device, based on the signaling, monitoring changes in the ambient light over the period of time, and generating ambient-light data representing the monitored changes (i.e. data retrieved by sampling the ambient light sensor) (Schwittmann: Abstract, Introduction: 2nd paragraph page 364); providing the generated ambient-light data as input to a trained machine-learning model (i.e. data retrieved by sampling the ambient light sensor and providing said data to a server) (Schwittmann: Figure 2; Introduction: 2nd paragraph page 364 and Mafoodh: Para. 0027-28); receiving from the machine-learning model, based on the provided ambient-light data, a prediction of whether the visual media-presentation device was presenting visual media content during the period of time (i.e. the server can identify the video being played) (Schwittmann: Abstract, Introduction: 2nd paragraph page 364, Approach: 1st Paragraph Page 365 and Mafoodh: Para. 0027-28), and using the received prediction as a basis to control media-exposure measurement (i.e. data retrieved by sampling the ambient light sensor, providing said data to a server and the server can identify the video being played) (Schwittmann: Introduction: 2nd paragraph page 364, Approach: 1st Paragraph Page 365). Claim 14 corresponds to claim 2. Claim 15 corresponds to claim 3. Claim 16 corresponds to claim 4. Claim 17 corresponds to claims 5-6, 9-10. Claim 18 corresponds to claim 1. Claim 19 corresponds to claims 2 and 4. Claim 20 corresponds to claims 5-6 and 9-10. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUNAL LANGHNOJA whose telephone number is (571)270-3583. The examiner can normally be reached M-F: 9:00AM - 5:00PM ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571) 272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KUNAL LANGHNOJA/Primary Examiner, Art Unit 2425
Read full office action

Prosecution Timeline

Jul 24, 2025
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12684201
SYSTEMS AND METHODS FOR GENERATING A RECOMMENDATION OF A MEDIA ASSET FOR SIMULTANEOUS CONSUMPTION WITH A CURRENT MEDIA ASSET
2y 4m to grant Granted Jul 14, 2026
Patent 12666105
SYSTEM AND METHOD FOR DYNAMIC PRESENTATION OF GRAPHICAL AND VIDEO CONTENT
2y 3m to grant Granted Jun 23, 2026
Patent 12659533
DYNAMIC SCHEDULING AND CHANNEL CREATION BASED ON EXTERNAL DATA
2y 8m to grant Granted Jun 16, 2026
Patent 12659525
INTELLIGENT VIDEO PLAYBACK
2y 3m to grant Granted Jun 16, 2026
Patent 12647652
BROADCAST RECEIVING APPARATUS AND PORTABLE INFORMATION TERMINAL
2y 2m to grant Granted Jun 02, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
44%
Grant Probability
67%
With Interview (+23.5%)
4y 2m (~3y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 400 resolved cases by this examiner. Grant probability derived from career allowance rate.

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