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
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).
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Claim 1-20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12401864. Although the claims at issue are not identical, they are not patentably distinct from each other because they are different definitions or descriptions of the same subject matter varying in breadth and because of the claims in the instant application are broader than the claims in '864.
A comparison of the claim language follows, where the similar language is underlined for identification:
Instant Application
19/285,777
U.S. Patent No. 12401864
1. A method for displaying an advertisement during a media playback on an electronic device, the method comprising: receiving, by an advertisement server, an advertisement request from a media playback service subsequent to an initiation of a media playback on the electronic device of a user; identifying, by the advertisement server, at least one eligible advertisement, based on the advertisement request; retrieving, by the advertisement server, an advertisement profile of the user; determining, by the advertisement server, a preferred viewing duration associated with each of the at least one eligible advertisement, based on a correlation of each of the at least one eligible advertisement with the advertisement profile of the user; and selecting, by the advertisement server, based on the correlation, a version of an advertisement from among a plurality of versions for display on the electronic device.
A method for displaying an advertisement during a media playback on an electronic device, the method comprising: receiving, by an advertisement server, an advertisement request from a media playback service subsequent to an initiation of a media playback on the electronic device of a user; identifying, by the advertisement server, at least one eligible advertisement, based on the advertisement request; retrieving, by the advertisement server, an advertisement profile of the user; determining, by the advertisement server, a preferred viewing duration associated with each of the at least one eligible advertisement, based on a correlation of each of the at least one eligible advertisement with the advertisement profile of the user; and obtaining, by the advertisement server, a summarized version of an advertisement selected from the at least one eligible advertisement based on the preferred viewing duration of the user.
Instant Application
19/285,777
U.S. Patent No. 12401864
14. A method of displaying an advertisement during a media playback on an electronic device, the method comprising: monitoring a plurality of advertisement parameters associated with an advertisement interaction behavior of a user, during at least one advertisement playback on the electronic device of the user; determining a correlation of the plurality of advertisement parameters with the advertisement interaction behavior of the user, to create an advertisement profile of the user; receiving an advertisement request from a media playback service subsequent to initiation of a media playback on the electronic device; and selecting, based on the correlation, a version of an advertisement from among a plurality of versions for display on the electronic device
13. A method of displaying an advertisement during a media playback on an electronic device, the method comprising: monitoring a plurality of advertisement parameters associated with an advertisement interaction behavior of a user, during at least one advertisement playback on the electronic device of the user; determining a correlation of the plurality of advertisement parameters with the advertisement interaction behavior of the user, to create an advertisement profile of the user; receiving an advertisement request from a media playback service subsequent to initiation of a media playback on the electronic device; and obtaining, based on the correlation, a summarized version of a selected advertisement that matches the advertisement profile of the user, from a plurality of versions of the selected advertisement
Instant Application
19/285,777
U.S. Patent No. 12401864
18. The server of claim 17, wherein the at least one processor is further configured to execute to the instructions to: obtain a summarized version of the advertisement selected from the at least one eligible advertisement based on the preferred viewing duration of the user; monitor at least one user interaction during at least one advertisement playback on the electronic device; determine a plurality of advertisement parameters associated with each of the at least one user interaction, and a plurality of advertisement parameters associated with a demographic data of the user; and create the advertisement profile of the user based on the plurality of advertisement parameters associated with the at least one user interaction
16. (original): A server comprising: at least one memory storing instructions; and at least one processor configured to execute the instructions to: receive an advertisement request from a media playback service subsequent to an initiation of a media playback on an electronic device of a user; identify at least one eligible advertisement, based on the advertisement request; retrieve an advertisement profile of the user; determine a preferred viewing duration associated with each of the at least one eligible advertisement, based on a correlation of each of the at least one advertisement with the advertisement profile of the user; and obtain a summarized version of an advertisement selected from the at least one eligible advertisement based on the preferred viewing duration of the user.
Claims 2-13, 15-17 of the instant application are similar to claims 2-12, 14-15, 17-21 in patent application ‘864.
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) 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20110010231 A1 to Price et al. (“Price”) and US 20140157306 A1 to Deo et al. (“Deo”).
As to claim 1, Price teaches a method for displaying an advertisement during a media playback on an electronic device, the method comprising: receiving, by an advertisement server, an advertisement request from a media playback service subsequent to an initiation of a media playback on the electronic device of a user (¶0008, The audiovisual system further comprises a system controller coupled to the storage subsystem. The system controller is responsive to the metadata and to the user profile corresponding to the user to select and retrieve a plurality of stored audiovisual advertising segments from the storage subsystem and to dynamically assemble the retrieved plurality of stored audiovisual advertising segments to form the audiovisual advertisement. The plurality of stored audiovisual advertising segments is selected to tailor the audiovisual advertisement to the characteristic viewing preferences of the user) ; identifying, by the advertisement server, at least one eligible advertisement, based on the advertisement request (¶0022, . The audiovisual system 10 further comprises a preference determination module 60 coupled to the storage subsystem 40. The preference determination module 60 is responsive to user input 70 and to the metadata 50 to generate one or more user profiles 80. Each user profile 80 is indicative of characteristic viewing preferences of a corresponding user. The audiovisual system 10 further comprises a system controller 90 coupled to the storage subsystem 40. The system controller 90 is responsive to the metadata 50 and to the user profile 80 corresponding to the user to select and retrieve a plurality of stored audiovisual advertising segments 32 from the storage subsystem 40 and to dynamically assemble the retrieved plurality of stored audiovisual advertising segments 32 to form the audiovisual advertisement); retrieving, by the advertisement server, an advertisement profile of the user; determining, by the advertisement server, a preferred viewing duration associated with each of the at least one eligible advertisement, based on a correlation of each of the at least one eligible advertisement with the advertisement profile of the user (¶0022, the audiovisual system 10 further comprises a preference determination module 60 coupled to the storage subsystem 40. The preference determination module 60 is responsive to user input 70 and to the metadata 50 to generate one or more user profiles 80. Each user profile 80 is indicative of characteristic viewing preferences of a corresponding user. The audiovisual system 10 further comprises a system controller 90 coupled to the storage subsystem 40. The system controller 90 is responsive to the metadata 50 and to the user profile 80 corresponding to the user to select and retrieve a plurality of stored audiovisual advertising segments 32 from the storage subsystem 40 and to dynamically assemble the retrieved plurality of stored audiovisual advertising segments 32 to form the audiovisual advertisement). Price does not teach selecting, by the advertisement server, based on the correlation, a version of an advertisement from among a plurality of versions for display on the electronic device. Deo teaches selecting, by the advertisement server, based on the correlation, a version of an advertisement from among a plurality of versions for display on the electronic device (¶0099, summarized video advertisement). In view of the teachings of Deo, it would have been obvious before the effective filing date of the invention to modify the teachings of Price. The suggestion/motivation would be an incumbent need to engage users with the ads and content without making the ads a boring and to-be-avoided aspect of any online session.
As to claim 2, Price and Deo teaches the method of claim 1, further comprising: monitoring, by the advertisement server, at least one user interaction during at least one advertisement playback on the electronic device (Price, ¶0041, playback); determining, by the advertisement server, a plurality of advertisement parameters associated with each of the at least one user interaction, and a plurality of advertisement parameters associated with a demographic data of the user (Price, ¶0059, corresponding advertising segment 32 that are in a demographic group identified as being of particular interest to the advertise; and creating, by the advertisement server, the advertisement profile of the user based on the plurality of advertisement parameters associated with the at least one user interaction (Price, ¶0081, parameters met for advertisement).
As to claim 3, Price and Deo teaches the method of claim 2, wherein the obtaining the summarized version of the advertisement comprises determining that a duration of the summarized version fits into a remaining amount of time at an end of a series of advertisements played subsequent to the initiation of the media playback on the electronic device of the user, the remaining amount of time being a difference between an allotted time for the series of advertisements and a duration of the series of advertisements other than the summarized version. (¶0040, can maintain a separate user profile 80 for each user. In certain embodiments, each user profile 80 includes information provided by the corresponding user via the user input 70 to identify the user and to distinguish the user from other users of the audiovisual system 10. This information can include, but is not limited to, name, demographic information such as age and sex, and hobbies and interests).
As to claim 4, Price and Deo teaches the method of claim 2, wherein the demographic data of the user comprises at least one of a purchasing preference, a viewed content, a visited application, an estimated worth of the user, or an action of another user in a same household as the user. (¶0030, timespan advertising segment).
As to claim 5, Price and Deo teaches the method of claim 4, wherein the plurality of advertisement parameters associated with each of the at least one user interaction, and the plurality of advertisement parameters associated with the demographic data of the user comprise at least one of an advertisement genre, an advertisement duration, or a user action associated with each advertisement displayed on the electronic device during the at least one advertisement playback (Price, ¶0070, skip advertisement).
As to claim 6, Price and Deo teaches the method of claim 1, wherein the user action associated with each advertisement displayed on the electronic device during the at least one advertisement playback comprises at least one of watching the advertisement, skipping the advertisement, changing a volume level, fast forwarding the advertisement, or viewing an additional detail associated with the advertisement (Price, ¶0096, the preferred advertisement time span of a user reflects whether the user prefers standard-length advertisements 30 or shortened-length advertisement Deo, ¶0099).
As to claim 7, Price and Deo teaches the method of claim 6, wherein the summarized version of the selected advertisement is associated with a first playback duration that is different than a second playback duration associated with an original version of the selected advertisement (¶0063, probability that the user will interact with the advertisement).
As to claim 8, Price and Deo teaches the method of claim 6, wherein the summarized version of the selected advertisement is associated with a higher probability of user interaction than the original version of the selected advertisement (¶0063, probability that the user will interact with the advertisement).
As to claim 9, Price and Deo teaches the method of claim 6, further comprising: providing, by the advertisement server, the summarized version of the selected advertisement, for display on the electronic device. (Deo, ¶0076, ¶0112).
As to claim 10, Price and Deo teaches the method of claim 1, further comprising: providing, by the advertisement server, the summarized version of the selected advertisement and the original version of the selected advertisement, for display on the electronic device. (¶0134).
As to claim 11, Price and Deo teaches the method of claim 1, wherein the obtaining the summarized version of the advertisement selected from the at least one eligible advertisement based on the preferred viewing duration of the user comprises: determining, by the advertisement server, the summarized version of the selected advertisement by modifying at least one of a human face, a background, a voice, or a language in the selected advertisement, based on the advertisement profile of the user. (Price, (¶0022, the audiovisual system 10 further comprises a preference determination module 60 coupled to the storage subsystem 40. The preference determination module 60 is responsive to user input 70 and to the metadata 50 to generate one or more user profiles 80. Each user profile 80 is indicative of characteristic viewing preferences of a corresponding user. The audiovisual system 10 further comprises a system controller 90 coupled to the storage subsystem 40. The system controller 90 is responsive to the metadata 50 and to the user profile 80 corresponding to the user to select and retrieve a plurality of stored audiovisual advertising segments 32 from the storage subsystem 40 and to dynamically assemble the retrieved plurality of stored audiovisual advertising segments 32 to form the audiovisual advertisement).
As to claim 12, Price and Deo teaches the method of claim 1, further comprising: obtaining, by the advertisement server, a plurality of versions of each of a plurality of advertisements selected from the at least one eligible advertisement based on the preferred viewing duration of the user; and providing, by the advertisement server, the plurality of versions of each of the plurality of selected advertisements, for display on the electronic device (Deo, ¶0060).
As to claim 13, Price and Deo teaches the method of claim 12, wherein each of the plurality of versions of the plurality of selected advertisements are associated with a rank for displaying on the electronic device.
As to claim 14, Price teaches a method of displaying an advertisement during a media playback on an electronic device, the method comprising: monitoring a plurality of advertisement parameters associated with an advertisement interaction behavior of a user, during at least one advertisement playback on the electronic device of the user (¶0040, interest of user based on viewing of advertisements); determining a correlation of the plurality of advertisement parameters with the advertisement interaction behavior of the user, to create an advertisement profile of the user (¶0046, profile created based on user views); determining a correlation of the plurality of advertisement parameters with the advertisement interaction behavior of the user, to create an advertisement profile of the user; receiving an advertisement request from a media playback service subsequent to initiation of a media playback on the electronic device; (¶0022). Price does not teach selecting, based on the correlation, a version of an advertisement from among a plurality of versions for display on the electronic device. Deo teaches selecting, based on the correlation, a version of an advertisement from among a plurality of versions for display on the electronic device (¶0099, summarized video advertisement). . In view of the teachings of Deo, it would have been obvious before the effective filing date of the invention to modify the teachings of Price. The suggestion/motivation would be an incumbent need to engage users with the ads and content without making the ads a boring and to-be-avoided aspect of any online session.
As to claim 15, Price and Deo teaches the method of claim 13, wherein the plurality of advertisement parameters comprise at least one of an advertisement genre, an advertisement duration, or a user action during playback of the advertisement (¶0030, timespan advertising segment).
As to claim 16, Price and Deo teaches the method of claim 13, further comprising: monitoring a plurality of advertisement parameters associated with a demographic data of the user, during the at least one advertisement playback on the electronic device (Price, ¶0039, monitors users viewing patterns).
As to claim 17, see the rejection of claim 1.
As to claim 18, see the rejection of claim 2.
As to claim 19, see the rejection of claim 3.
As to claim 20, see the rejection of claim 6.
As to claim 21, see the rejection of claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A KURIEN whose telephone number is (571)270-5694. The examiner can normally be reached M-F; 7:30-4:30.
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421
/NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421
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