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 .
DETAILED ACTION
This office action is in response to communication filed 10/30/2025. Claims 1-20 are pending for examination, the rejection cited as stated below.
Claim Objections
2. Claims 7 and 14 are objected to because of the following informalities: Claim 7 recites “dynamically adjusting one or more parameters of the secondary content item based at least one of one or more network conditions and anticipated user interaction timing”. Appropriate correction is required. For the sake of the examination, Examiner interprets as “dynamically adjusting one or more parameters of the secondary content item based on at least one of one or more network conditions and anticipated user interaction timing”. Claim 14 is similarly objected to.
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2, 4, 6, 8-9, 11, 13, 15-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Samsung (“1st Screen Ad”) in view of Gold-Gavriely (US 20130145393, hereafter Gold).
As to claim 1, Samsung discloses a computer-implemented method for delivering a secondary content item comprising:
detecting a user return event (pages 1-2, “With capabilities to run auto-play video or eye-catching imagery, Samsung 1st Screen Plus show cases your high-impact creative as soon as your customers turn on their TV. See 1st Screen Plus for more information about the configuration. 1st Screen Masthead 1st Screen Masthead is a high-impact opportunity for advertisers to reach content seekers immediately as the screen is turned on with a wide canvas to display creative messaging. This ad format enhances the impact of advertising through its persistent position in the most visible and frequented part of the TV experience. The ad is visible at the top of the screen (by default) when the TV is turned on and does not require users to engage with the 1st Screen launcher. The 1st Screen Masthead is the largest ad to be seen on a Samsung TV and allows advertisers to have high visibility immediately as the screen is turned on or when users return to Home”, wherein the detected event of a user’s turning on their TV and/or when users return to home is a detected user return event);
initiating a transition effect based on the user return event, the transition effect includes partially displacing a home screen interface and displaying secondary content item in a defined region of a screen (see citation above, e.g., pages 1-2, launching the ad “immediately as the screen is turned on”, “at the top of the screen”, indicating a transition effect transiting from an off screen to an on screen with the ad replacing a top of a home screen interface and displaying the ad in a defined “top of the screen” region “by default“),
but does not expressly disclose pre-fetching and pre-buffering the secondary content item during an idle period preceding the user return event.
Gold discloses a concept of pre-fetching and pre-buffering a secondary content item during an idle period preceding a user return event ([0002], “splash screen images that display information or advertisements previously accessed and downloaded from a network connection”; [0004], “As the display screen is operational during boot-up, there is an opportunity to use the limited activity period of an electronic device to provide the user with outside information pre-downloaded from a network connection”; [0008], “downloading the image to a non-volatile memory of the electronic device; and displaying the image on a display of the electronic device during a next boot-up time or shut-down time of the electronic device”; [0026], “the electronic device system 100 may download a plurality of images during connectivity time, and randomly display the downloaded and stored images during a next boot-up time”; [0015], “The next time that the electronic device system 100 is powered on, the downloaded and stored image will be displayed on the display 14 during the boot-up time, taking the place of the standard splash screen”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Samsung with Gold. The suggestion/motivation would have been to make ad images available at next boot-up time (Gold, [0008]; [0015])
As to claim 8, see similar rejection to claim 1, wherein at least one memory and at least one processor are implied in order to implement the computer-implemented method as required by claim 1.
As to claim 15, see similar rejection to claim 1, wherein a non-transitory computer-readable storage medium comprising at least one instruction for causing at least one computing device to perform is implied in order to implement the computer-implemented method as required by claim 1.
As to claim 2, Samsung in view of Gold discloses the computer-implemented method of claim 1, wherein the user return event is at least one of a device boot (see citation in rejection to claim 1, wherein both Samsung and Gold discloses the user return event being a device boot, e.g., Samsung, pages 1-2, “turn on the TV”; Gold, “a next boot-up time”), a screensaver dismissal, an entrance from a first-party channel, an exit from the first-party channel, an entrance from a third-party channel, an exit from the third-party channel and a return to the home screen interface after device idle time (Samsung, pages 1-2, “turn on the TV”).
As to claim 9, see similar rejection to claim 2.
As to claim 16, see similar rejection to claim 2.
As to claim 4, Samsung in view of Gold discloses the computer-implemented method of claim 1, wherein the secondary content item displayed in the defined region of the screen is played in a partial-screen format that is configured to preserve a context associated with the home screen interface for a user (Samsung, see citation in rejection to claim 1, e.g., pages 1-2, “The ad is visible at the top of the screen (by default) when the TV is turned on and does not require users to engage with the 1st Screen launcher”, indicating the remaining of the home screen other than the top of the home screen is preserved for a user).
As to claim 11, see similar rejection to claim 4.
As to claim 18, see similar rejection to claim 4.
As to claim 6, Samsung in view of Gold discloses the computer-implemented method of claim 1, wherein the user return event further includes entering or exiting a custom sponsorship experience displayed on the home screen interface (See Samsung, page 1, “positions your brand in the Samsung 1st Screen Ad …. Samsung 1st Screen Ad offers high visibility for your brand by engaging viewers as they navigate to live TV, streaming apps, and gaming… 1st Screen Masthead is a high-impact opportunity for advertisers to reach content seekers immediately as the screen is turned on with a wide canvas to display creative messaging”).
As to claim 13, see similar rejection to claim 6.
As to claim 20, see similar rejection to claim 6.
7. Claims 3, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Samsung in view of Gold, as applied to claim 1 above, and further in view of Woods (US 20140307070 A1).
As to claim 3, Samsung in view of Gold discloses the claimed invention substantially as discussed in claim 1, but does not expressly disclose providing one or more indication cues.
Woods discloses providing one or more indication cues before presenting an advertisement ([0066], “control circuitry 304 may play an audible message for the user that identifies the content source and/or provides an indication that the content being received includes an advertisement. This audible message may be played before or instead of playing audio of the advertisement or the commercial segment of the media asset”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Samsung in view of Gold with Woods. The suggestion/motivation would have been to identify to the user of the upcoming advertisement (Woods, [0066]).
As to claim 10, see similar rejection to claim 3.
As to claim 17, see similar rejection to claim 3.
8. Claims 5, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Samsung in view of Gold, as applied to claim 1 above, and further in view of Sen (US 20210409823 A1).
As to claim 5, Samsung in view of Gold discloses the claimed invention substantially as discussed in claim 1, but does not expressly disclose further comprising:
providing user controls on the home screen interface, wherein the user controls include at least one of a first interaction feature associated with skipping the secondary content item after a predefined time threshold, a second interaction feature associated with closing the secondary content item, a third interaction feature associated with opting-out of autoplay of the secondary content item in system settings, and a fourth interaction feature associated with interacting with one or more leave-behind companion units.
Sen discloses providing user controls on the home screen interface, wherein the user controls include a first interaction feature associated with skipping a secondary content item after a predefined time threshold ([0062], “On the other hand, if the current media asset is unrelated to information in the user profile, viewing history, or other retrieved information associated with the user, the skip advertisement button may be generated for presentation (e.g., after a predetermined period of time elapses from the start of the advertisement content)”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Samsung in view of Gold with Sen. The suggestion/motivation would have been to provide the user an option to skip an ad (Sen, [0062]).
As to claim 12, see similar rejection to claim 5.
As to claim 19, see similar rejection to claim 5.
9. Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Samsung in view of Gold, as applied to claim 1 above, and further in view of Thorwirth et al (US 10591984 hereafter Thorwirtch).
As to claim 7, Samsung in view of Gold discloses the claimed invention substantially as discussed in claim 1, but does not expressly disclose wherein the pre-buffering of the secondary content item comprises dynamically adjusting one or more parameters of the secondary content item based at least one of one or more network conditions and anticipated user interaction timing (see Claim Objection section and Examiner’s interpretation therein).
Thorwirtch discloses dynamically adjusting one or more parameters of a secondary content item based on at least one of one or more network conditions (claim 7, “The method of claim 5, wherein the number of jump points at which alternative content is buffered and the bitrate of the alternative content that is buffered are related to the current available bandwidth”) and anticipated user interaction timing (claim 6, “The method of claim 5, further comprising determining the likelihood that certain jump points will be selected by a user instruction and wherein buffering alternative content starting from a jump point in each alternative piece of content further comprises buffering a stream of the alternative piece of content whose bitrate is related to the likelihood a jump point in the alternative piece of content will be selected”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Samsung in view of Gold with Thorwirtch. The suggestion/motivation would have been to adjust buffering based on bandwidth and likelihood that certain jump points will be selected by a user instruction (Thorwirtch, claims 6-7).
As to claim 14, see similar rejection to claim 7.
Prior Art Cited but not Applied in the Rejection
10. Below is a list of prior art reference(s) cited but not applied in the rejection:
a) Feadler (US 20170243252 A1), disclosing pre-fetching advertisements in order to display the advertisements in a more timely fashion when it is determined that an Activity is finishing ([0090]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUA FAN whose telephone number is (571)270-5311. The examiner can normally be reached on 9-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi, can be reached at (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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/HUA FAN/Primary Examiner, Art Unit 2426
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