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).
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).
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Claims 1-20 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12407878. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-20 of US Patent No. 12407878 anticipate the Claims 1-20 of the instant application.
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, 3-5, 11, 13-15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shanson et al. (US PG PUB 20160127803), hereinafter "Shanson", in views of Kempe et al. (US PG PUB 20070073581), hereinafter "Kempe".
Regarding Claims 1, 11 and 20, Shanson discloses:
(Claim 1) A method comprising:
(Claim 11) A system (i.e. a sever) (Fig. 1 and ¶ 0023) comprising: a processor i.e. on or more processors) (¶ 0087) configured to:
(Claim 20) A non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that when executed by a processor (i.e. a non-transitory computer readable medium comprising executable instructions executable by one or more processors) (¶ 0008), cause the device to:
Receiving/receive, at a prefetch server from a primary content server, a prefetch request including prefetch request parameters (i.e. advertisement server [i.e. prefetch server] may receive, from Tums server 116 [i.e. a primary content server], VAST request [i.e. a prefetch request] including query parameters [i.e. prefetch request parameters]) (Fig. 1, 311 – Fig. 3, ¶ 0023, ¶ 0069 and ¶ 0079);
Generating/generate, by the prefetch server, a callback URL comprising a unique callback identifier associated with the prefetch request (i.e. the advertisement server 114 [i.e. the prefetch server] may generate and return a URL [i.e. a callback URL] of a selected advertisement which may include a URL [i.e. a unique callback identifier] being requested by the prefetch request [i.e. associated with the prefetch request]) (313 – Fig. 3 and ¶ 0069);
Transmitting/transmit, by the prefetch server, the callback URL to the primary content server (i.e. the advertisement server 114 [i.e. the prefetch server] may return/transmit the URL of the selected advertisement [i.e. the callback URL] to the Tums server 116 [i.e. the primary content server]) (313 – Fig. 3 and ¶ 0069).
However, Shanson does not explicitly disclose:
Obtaining/obtain, by the prefetch server, from a targeted content mediation server, a targeted content configuration based on the prefetch request parameters; obtaining/obtain, by the prefetch server, targeted content from a targeted content server identified in the targeted content configuration; receiving/receive, at the prefetch server, a content request from a user device, the content request including the callback URL or the unique callback identifier; and providing/provide the targeted content to the user device.
On the other hand, in the same field of endeavor, Kempe teaches:
Obtaining/obtain, by the prefetch server, from a targeted content mediation server, a targeted content configuration based on the prefetch request parameters (i.e. advertisement server [i.e. the prefetch server] may obtain, from placement object 24 [i.e. a target content mediation server], advertisement response including a redirect URL, information useful for looking up, etc. [i.e. a targeted content configuration]; wherein the response is based on rendering and search parameters [i.e. the prefetch request parameters]) (Fig. 1 and ¶ 0083 - 0084);
Obtaining/obtain, by the prefetch server, targeted content from a targeted content server identified in the targeted content configuration (i.e. advertisement server 22 [i.e. the prefetch server] may read/obtain redirect data [i.e. targeted content] from redirect database 26 [i.e. a targeted content server], wherein the redirect data [i.e. targeted content] is identified by redirect URL [i.e. the targeted content configuration]) (Fig. 1 and ¶ 0096);
Receiving/receive, at the prefetch server, a content request from a user device, the content request including the callback URL or the unique callback identifier (i.e. advertisement server 22 [i.e. the prefetch server] may receive a redirect request 42 [i.e. a content request] from a client system 14 [i.e. a user device]; the redirect request 42 [i.e. the content request] includes the redirect request URL [i.e. the callback URL]) (Fig. 1 and ¶ 0094 – 0095); and
Providing/provide the targeted content to the user device (i.e. advertisement server may provide redirect data [i.e. the targeted content] to the client system 14 [i.e. the user device]) (Fig. 1 and ¶ 0096 - 0097).
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 method/system/computer-readable-medium of Shanson to include the features for obtaining, by the prefetch server, from a targeted content mediation server, a targeted content configuration based on the prefetch request parameters; obtaining, by the prefetch server, targeted content from a targeted content server identified in the targeted content configuration; receiving, at the prefetch server, a content request from a user device, the content request including the callback URL or the unique callback identifier; and providing the targeted content to the user device as taught by Kempe so that advertisements may be provided to the user device based on redirect data defining the instances of the advertising contents (Abstract and ¶ 0096 – 0097).
Regarding Claims 3 and 13, Shanson and Kempe disclose, in particular Shanson teaches:
the unique callback identifier comprising a universally unique identifier (UUID) generated by a UUID generator (i.e. the advertisement server 114 [i.e. a UUID generator] may generate and return a URL [i.e. a universally unique identifier (UUID)] of a selected advertisement which may include a URL [i.e. a unique callback identifier] being requested by the prefetch request) (313 – Fig. 3 and ¶ 0069).
Regarding Claims 4 and 14, Shanson and Kempe disclose, in particular Kempe teaches:
storing the callback URL, unique callback identifier, and the targeted content in a content datastore (i.e. placement object 24 and redirect database 26 [i.e. a content datastore] store he callback URL, unique callback identifier, and the targeted content) (Fig. 1 and ¶ 0064).
The prior art used in the rejection of the current claim is combined using the same motivations as was applied in claims 1 and 11.
Regarding Claims 5 and 15, Shanson and Kempe disclose, in particular Kempe teaches:
further comprising obtaining the targeted content configuration comprising transmitting a targeted content configuration request from the prefetch server to the targeted content mediation server, the request comprising the prefetch request parameters (i.e. advertisement server [i.e. the prefetch server] may obtain, from placement object 24 [i.e. a target content mediation server], advertisement response including a redirect URL, information useful for looking up, etc. [i.e. a targeted content configuration]; wherein the response is based on rendering and search parameters [i.e. the prefetch request parameters]) (Fig. 1 and ¶ 0083 - 0084).
The prior art used in the rejection of the current claim is combined using the same motivations as was applied in claims 1 and 11.
Claim(s) 6-7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shanson in views of Kempe as applied to claims 1 and 11 above, and further in view of Higgs et al. (US PG PUB 20160182923), hereinafter "Higgs".
Regarding Claims 6 and 16, Shanson and Kempe disclose all the features with respect to Claims 1 and 11 above.
However, the combination of Shanson and Kempe does not explicitly disclose:
further comprising the targeted content configuration comprising a waterfall sequence of content URLs corresponding to multiple targeted content servers.
On the other hand, in the same field of endeavor, Higgs teaches:
further comprising the targeted content configuration comprising a waterfall sequence of content URLs corresponding to multiple targeted content servers (i.e. manifest 143 [i.e. the targeted content configuration] may include a sequence of advertisement content URLs [i.e. a waterfall sequence of targeted content URLs]) (¶ 0120).
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 method/device/computer-readable-medium of Shanson and Kempe to include the feature wherein the targeted content configuration comprising a waterfall sequence of content URLs corresponding to multiple targeted content servers as taught by Higgs in order to provide information about sources from which personalized advertisements can be fetched in a manifest file (Abstract and ¶ 0020).
Regarding Claim 7 and 17, Shanson, Kempe and Higgs disclose, in particular Higgs teaches:
obtaining the targeted content comprising sequentially calling the content URLs in the waterfall sequence until a response is received (i.e. the method/system may request and obtain appropriate advertisement content [i.e. the targeted content item] for each “ad slot” of 30-second interval in the avail 140 from one or more servers/sources, like Source-2 and Source-3, identified by respective URLs [i.e. sequentially calling the content URLs in the waterfall sequence until a response is received] in the manifest) (¶ 0120).
The prior art used in the rejection of the current claim is combined using the same motivations as was applied in claims 6 and 16.
Allowable Subject Matter
Claims 2, 8, 9, 10, 12, 18 and 19 would be allowable if (i) the applicant overcome the double patenting rejection set forth is this office action by filing a terminal disclaimer disclaiming the terminal part of any patent granted on the instant application which would extend beyond the expiration date of US Patent No. 12407878, and (ii) rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/Soe Hlaing/Primary Examiner, Art Unit 2451
