`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`11/680,452
`
`02/28/2007
`
`Chuck Jennings
`
`081009-406855 (DIVZ)
`
`5285
`
`759°
`””8
`POLSINELLI PC
`
`900 WEST 48TH PLACE
`SUITE 900
`
`01’1“)”
`
`KANSAS CITY, MO 64112-1895
`
`BLAIR DOUGLAS B
`
`2442
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/ 1 0/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`patentdocketing @ polsinelli .com
`rendsley@polsinelli.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`017/09 A0170” Summary
`
`Application No.
`11/680,452
`Examiner
`DOUGLAS B BLAIR
`
`Applicant(s)
`Jennings et al.
`Art Unit
`2442
`
`AIA (FITF) Status
`N0
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 12/20/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expa/fe Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
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`6—35 and 41—132 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
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`is/are allowed.
`
`Claim(ss) 6—35 and 41— 132 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:I The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:I All
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`b)|:] Some**
`
`c)I:I None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
`
`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [3 Notice of References Cited (PTO-892)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`[:1 Other-
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`4)
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20191231
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`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 2
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`DETAILED ACTION
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`Notice ofPre-AIA or AIA Status
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`The presentapplication is being examined underthe pre-AIAfirst to invent provisions.
`
`Continued Examination Under37 CFR 1. 114
`
`A request forcontinued examination under37 CFR 1.114, includingthe fee setforth in 37 CFR
`
`1.17(e),was filed in this application afterfinal rejection. Since this application iseligible forcontinued
`
`examination under37 CFR 1.114, and the fee setforth in 37 CFR 1.17(e) has been timely paid, the
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`finality ofthe previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
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`submission filed on 12/20/2019 has been entered.
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`Response to Arguments
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`Applicant’s arguments, see Remarks, filed 12/20/2019, with respect to the rejection(s) of
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`c|aim(s) 6, 17-19, 22, 24-27, 41, 52-55, 59-62, 79-88, 93-102, 107-116, 122-124, and 129-132 under35
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`USC section 103 by the Eyal-Duso-Shearcombination have been fullyconsidered and are persuasive.
`
`Therefore,the rejection has been withdrawn. However, upon furtherconsideration, a new ground(s) of
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`rejection is made in view of 35 USC section 103 by the Eyal, Duso, Shear, and Wiserreferences. After
`
`reviewing the previously applied Wiser reference (used previously to reject claims 23, 28-35, 58, 63-78,
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`89-92, and 103-106), the Examinerfound the amended subject matterto be obvious in view ofthe
`
`Wiser reference. A revised rejection is made in this office action.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness
`
`rejections setforth in this Office action:
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`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 3
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`(a) A patent may not be obtained though the invention is not identicallydisclosed ordescribed as set
`forth in section 102, ifthe differences between the subject matter sought to be patented and the
`prior art are such thatthe subject matter as a whole woul d have been obvious attheti me the
`invention was made to a person having ordinarys kill in the art to which said subject matter pertains.
`Patenta bi |ity shall not be negatived by the manner in whichthe invention was made.
`
`Claims 6, 17-19, 22-35, 41, 52-55, 58-116, 122-124, and 129-132 are rejected underpre-AIA 35
`
`U.S.C.103(a) as being unpatentable over U.S. Patent Number6,389,467 to Eyal in view ofU.S. Patent
`
`Number5,987,621 to Duso etal. and U.S. Patent Number6,938,021 to Shearet al. and U.S. Patent
`
`N umber6,385,596 to Wise r.
`
`As to claim 6, Eyal teaches a method comprising: receiving, bya management system via a
`
`communication network and from a communication device, a request associated with a userof the
`
`communication device to have media content streamed to the communication device, the requested
`
`media content comprisinga plurality of media content segments (col. 19, line 48-col. 20, line 14), and
`
`wherein the management system comprises a combination of hardware and software (Figure 4, search
`
`request203 and col. 19, lines 30-35 and 41-44); and for each one of the plurality of media content
`
`segments, (i) determining, by the management system, a pluralityof resources (Figure 19,the media
`
`sites are resources) available to obtain the media content segment from one or more media storage
`
`devices (the ”one or more media storage devices” is broad enough to cover any computer memoryin
`
`any context) and facilitate streamingthe media content segment to the communication device (col. 14,
`
`lines 50-60 describes a process of determining whetherthe media sites corresponding to the URL are
`
`”available to facilitate streaming”); and (ii) transmitting, from the management system to the
`
`communication device, an indication ofthe media content segment (col. 19, lines 38-40) and
`
`information instructing the communication device identifying how to communicate with each ofthe
`
`plurality of resources to cause the media content segment to be streamed to the communication device
`
`(col. 20, lines 39-45); however Eyal does not explicitly teach upon occurrence ofan error while the
`
`media content segment is streamed from the first one ofthe plurality of resources to the
`
`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 4
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`communication device, causing the media content segment to be streamed by a second one ofthe
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`plurality of resources, differentfrom the first one ofthe plurality of resources, Eyal does not explicitly
`
`teach that the segments are a stored at multiple media storage devices in accordance with storage rules
`
`includes within an orderassociated with the requested media, and Eyal does not expl icitlyteach limiting
`
`the amount of time forthe requested media content to be completely viewed at the communication
`
`device and preventingthe streaming ofone or more ofthe media content segments to the
`
`communication device afterthe amount oftime has passed.
`
`Duso teaches upon occurrence ofan errorwhile streaming ofthe media content segmentfrom
`
`the first one of the plurality of resources to the communication device, causingthe media content
`
`segment to be streamed by a second one of the plurality of resources, different from the first one ofthe
`
`plurality of resources (see Figure 42 and col. 55, lines 3-21).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe invention to
`
`combine the teachings of Eyal regardingerrordetection while streaminga segment with the teachings
`
`of Duso regarding causinga segment that was being streamed duringan errorto be restreamed because
`
`the teachings of Duso would allow forthe userin Eyal not to miss the segment with the error. Eyal skips
`
`the segment where an erroroccurs duringthe streaming (see col. 27, line 66-col. 28, line 11 of Eyal) so
`
`implementing Duso’s failovertechnique would be an improvement to userexperience.
`
`Shearteaches a method of control lingthe distribution ofsegments wherein the segments are a
`
`stored at multiple media storage devices in accordance with storage rules includes within an order
`
`associated with requested media (col. 24, lines 37-43 and 64-67, col. 25, lines 5-7,and col. 26, line 63-
`
`col.27, line 13).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe invention to
`
`combine the teachings of Eyal regarding providing media clips with the teachings ofShear regarding
`
`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 5
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`managing storage locations based on rules specified in an orderbecause such orders allow a content
`
`ownercontrol overhow theircontentis distributed (col. 25, lines 12-28 ofShear).
`
`Wiserteaches limitingthe amount oftime forthe requested media content to be completely
`
`viewed at the communication device and preventingthe streaming ofone or more of the media content
`
`segments to the communication device afterthe amount oftime has passed (col. 17, lines 22-42).
`
`It would have been obvious to one ofordinary skill in the streamingart at the time ofthe
`
`invention to combine the teachings of Eyal regarding managing media distribution with limitingan
`
`amount of time media can be viewed because limitingthe amount oftime that content can be viewed
`
`al lows fora content managerto limit reservations effectively (see Wiser).
`
`As to claim 41, it is rejected forthe same reasoning as claim 6.
`
`As to claims 107 and 109, col. 19, lines 30-54 of Eyal.
`
`As to claims 108 and 110, col. 11, lines 31-37 of Eyal.
`
`As to claim 79, Eyal teaches a method comprising: receiving, bya management system via a
`
`communication network and from a communication device, a request associated with a userof the
`
`communication device to have media content streamed to the communication device, the requested
`
`media content comprisinga plurality of media content segments (col. 19, line 48-col. 20, line 14),
`
`wherein the media content segments are associated with a title assigned by the media owner (col. 7,
`
`lines 1-3) and the management system comprising a combination of hardware and software (Figure 4,
`
`search request 203 and col. 19, lines 30-35 and 41-44); for each one ofthe plurality ofmedia content
`
`segments, (i) determining, by the management system, a pluralityof resources (Figure 19,the media
`
`sites are resources) otherthan the management system availableto obtain the media content segment
`
`from one or more media storage devices (the ”one or more media storage devices” is broad enough to
`
`cover any computer memory in any context) and facilitate streaming ofthe media content segment to
`
`the communication device (col. 14, lines 50-60 describes a process of determining whetherthe media
`
`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 6
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`sites corresponding to the URL are ”available to facilitate streaming"); and (ii) transmitting, from the
`
`management system tothe communication device, an identification the media content segment (col.
`
`19, lines 38-40) and information instructingthe communication device how to communicate with each
`
`of the plurality of resources to cause the media content segments to be streamed to the communication
`
`device (col. 20, lines 39-45); however Eyal does not explicitlyteach upon occurrence ofan errorwhile
`
`the media content segment is streamed from the first one ofthe plurality of resources to the
`
`communication device, causing the media content segment to be streamed by a second one ofthe
`
`plurality of resources, differentfrom the first one ofthe plurality of resources, Eyal does not explicitly
`
`teach that the segments are a stored at multiple media storage devices in accordance with storage rules
`
`includes within an orderassociated with the requested media, and Eyal does not expl icitlyteach limiting
`
`the amount of time forthe requested media content to be completely viewed at the communication
`
`device and preventingthe streaming ofone or more ofthe media content segments to the
`
`communication device afterthe amount oftime has passed.
`
`Duso teaches upon occurrence ofan errorin the streaming ofthe media content segmentfrom
`
`the first one of the plurality of resources to the communication device, causingthe media content
`
`segment to be streamed by a second one of the plurality of resources, different from the first one ofthe
`
`plurality of resources (see Figure 42 and col. 55, lines 3-21).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe invention to
`
`combine the teachings of Eyal regardingerrordetection while streaminga segment with the teachings
`
`of Duso regarding causinga segment that was being streamed duringan errorto be restreamed because
`
`the teachings of Duso would al low forthe userin Eyal not to miss the segment with the error. Eyal skips
`
`the segment where an erroroccurs duringthe streaming (see col. 27, line 66-col. 28, line 11 of Eyal) so
`
`implementing Duso’s failovertechnique would be an improvement to userexperience.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 7
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`Shearteaches a method of control lingthe distribution ofsegments wherein the segments are a
`
`stored at multiple media storage devices i n accordance with storage rules includes within an order
`
`associated with requested media (col. 24, lines 37-43 and 64-67, col. 25, lines 5-7,and col. 26, line 63-
`
`co|.27, line 13).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe invention to
`
`combine the teachings of Eyal regarding providing media clips with the teachings ofShear regarding
`
`managing storage locations based on rules specified in an order because such orders allow a content
`
`ownercontrol overhow theircontentis distributed (col. 25, lines 12-28 ofShear).
`
`Wiserteaches limitingthe amount oftime forthe requested media content to be completely
`
`viewed at the communication device and preventingthe streaming ofone or more of the media content
`
`segments to the communication device afterthe amount oftime has passed (col. 17, lines 22-42).
`
`It would have been obvious to one ofordinary skill in the streamingart at the time ofthe
`
`invention to combine the teachings of Eyal regarding managing media distribution with limitingan
`
`amount of time media can be viewed because limitingthe amount oftime that content can be viewed
`
`al lows fora content managerto limit reservations effectively (see Wiser).
`
`As to claim 93, it is rejected forthe same reasoning as claim 79.
`
`As to claims 17 and 52, see col. 26, lines 19-32 of Eyal.
`
`As to claims 18 and 53, see col. 19, lines 30-54 of Eyal.
`
`As to claims 19 and 54, see Figure 19 of Eyal.
`
`As to claims 22, 57, 86 and 100, see col. 9, lines 5-12 of Eyal, the multiplesites described by Eyal
`
`would qualify as a routing processor. The applicant does not explicitly limit the definition ofa routing
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`processor.
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`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 8
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`As to claims 23 and 58, Wiserteaches a method comprisinggeneratinga reservation associated
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`with streaminga portion of media to a communication device with the reservation comprisinga
`
`reservation ID (see Figure 9).
`
`As to claims 24 and 59, see col. 19, lines 30-54 of Eyal.
`
`As to claims 25, 26, 60, and 61, see col. 12, lines 64-67 of Eyal.
`
`As to claims 27 and 62, see col. 19, lines 30-54 of Eyal.
`
`As to claims 28-35 and 63-70, Wiserteaches the claimed techniques forauthorizing the use of
`
`media (see Figure 9and correspondingtext).
`
`As to claims 71-78, Wiserteaches the claimed settlement methods (see col. 15-col. 20).
`
`As to claims 80, 81, 94, and 95, see col. 13, lines 1-8 of Eyal.
`
`As to claims 82 and 96, media playerof Eyal clearly receives aformat that it can use to retrieve
`
`the media.
`
`As to claims 83 and 97, see col. 19, lines 30-54 of Eyal.
`
`As to claims 84 and 98, see col. 19, lines 30-54 of Eyal.
`
`As to claims 85 and 99, see col. 19, lines 30-54 of Eyal.
`
`As to claims 87, 88, 101, and 102, see Figure 11 and correspondingtext of Eyal.
`
`As to claims 89-92 and 103-106, Wiserteaches a method of providingvideo via a URL including
`
`retrieving authentication and reservation information (col. 18, lines 9-55).
`
`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 9
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`As to claims 111 and 113, see col. 19, lines 30-54 of Eyal.
`
`As to claims 112 and 114, see col. 11, lines 31-37 of Eyal.
`
`As to claims 115-117 and 122-124, see col. 13, lines 1-8 of Eyal.
`
`As to claims 129-132, see col. 20, lines 30-64 of Eyal.
`
`Claims 7-14, 16, 42-49, 51, 118-121, and 125-128 are rejected underpre-AIA 35 U.S.C. 103(a) as
`
`being unpatentable over U.S. Patent Number6,389,467 to Eyal in view of U.S. Patent Number5,987,621
`
`to Duso etal. and U.S. Patent Number6,938,021 to Shearet al. and U.S. Patent Number6,385,596 to
`
`Wiserin furtherview of U.S. Patent Number5,758,257 to Herz etal.
`
`As to claims 7 and 42, the Eyal-Shear-Duso-Wisercombination teaches the subject matterof
`
`claims 79 and 93 howeverthe Eyal-Shear-Duso-Wisercombination does not explicitly teach the use ofa
`
`viewerprofile to generate the identification forthe plurality of portions ofthe media.
`
`Herz teaches a method and system fordelivering media to a usercomprising usinga viewer
`
`profile to generate identification ofa plurality of portions of media (Figures land 2).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe applicant's
`
`invention to combine the teachings ofthe Eyal-Shear-Duso—Wisercombination regarding providing
`
`media to a requesterwith the teachings of Herz regarding usinga viewer profileto select media because
`
`using a viewer profile would enhance the selection based on search results used by Eyal without
`
`modifyingthe inventiveconcept of Eyal.
`
`As to claim 8, the Eyal-Shear-Duso—Wisercombination teaches the subject matterofclaims 79;
`
`howeverthe Eyal-Shear-Duso-Wisercombination does not explicitlyteach selecting other media based
`
`upon a viewer profile.
`
`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 10
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`Herz teaches a method ofselecting other media to be included in a presentation comprising
`
`selecting, based on upon a viewer profile, other media, wherein the other media is not requested by the
`
`userof the communication device to be streamed to the communication device and transmittingthe
`
`othermedia to the communication device (col. 47, line 21-col. 48, line 22).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe applicant's
`
`invention to combine the teachings ofthe Eyal-Shear-Duso—Wisercombination regarding providing
`
`media toa requesterwith the teachings of Herz regarding adding othermedia toa presentation because
`
`doing so can generate revenue through advertisingforthe media provider. Eyal does suggest the
`
`insertion of commercials (see col. 13, lines 1-8).
`
`As to claim 43, it is rejected forthe same reasoning as claim 8.
`
`As to claims 9, 10, 44, and 45, see col. 47, line 21-col. 48, line 22 of Herz.
`
`As to claims 11 and 46, see col. 48, lines 5-22 of Herz.
`
`As to claim 47, the Eyal-Shear-Duso-Wisercombination teaches the subject matterofclaims 93;
`
`howeverthe Eyal-Shear-Duso-Wisercombination does not explicitlyteach the selection ofa media clip
`
`based on collected data associated with the userofa communication device.
`
`Herz teaches a method ofselecting other media to be included in a presentation comprising
`
`col lecting data and selectinga media clip based on the selected data (col. 39, line 20-col. 40, line 10).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe applicant's
`
`invention to combine the teachings ofthe Eyal-Shear-Duso—Wisercombination regarding providing
`
`media to a requesterwith the teachings of Herz regarding col lecting data associated with a userfor
`
`selecting media because using col lected data can enhance the relevance of media fora particula ruser.
`
`As to claim 12, it is rejected forthe same reasoning as claim 47.
`
`As to claims 13 and 48, see col. 38, lines 18-41 and col. 39, line 20-col. 40, line 10 of Herz.
`
`As to claims 14 and 49, see col. 47, line 21-col. 48, line 22 of Herz.
`
`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
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`Page 11
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`As to claims 16 and 51, they are rejected forthe same reasoning as claims 7 and 42.
`
`As to claims 118-121 and 125-128, the Eyal-Shear-Duso-Wisercombination teaches the subject
`
`matterof claims 115 and 122 includinginserting advertisements into segments (Eyal, col. 13, lines 1-8)
`
`howeverthe Eyal-Shear-Duso-Wisercombination does not explicitlyteach how the advertisements are
`
`chosen.
`
`Herz teaches the manners of selecting advertisements based on audience, profiles,
`
`demographics and rules (col. 29, lines 31-51).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe invention to
`
`combine the teachings ofthe Eyal-Shear-Duso-Wisercombination regarding selecting commercials with
`
`the teachings of Herz regarding selecting commercials based on audience, profiles, demographics and
`
`rules because doing so allows for particularly relevant commercials.
`
`Claims 15 and 50 are rejected underpre-AIA35 U.S.C.103(a) as beingunpatentable over U.S.
`
`Patent Number6,389,467 to Eyal in view ofU.S. Patent Number5,987,621 to Duso etal. and U.S. Patent
`
`Number6,938,021 to Shearet al. and U.S. Patent Number6,385,596 to Wiserin furtherview of U.S.
`
`Patent Number5,933,811 to Angles et al.
`
`As to claims 15 and 50, the Eyal-Shear-Duso-Wisercombination teaches the subject matterof
`
`claims 79 and 93 howeverthe Eyal-Shear-Duso-Wisercombination does not explicitlyteach the
`
`selection of othermedia to be included with a request based on revenue.
`
`Angles teaches a method and system fordelivering media to a usercomprising usinga viewer
`
`profile to generate identification ofa plurality of portions of media (col. 4, lines 17-26).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe applicant's
`
`invention to combine the teachings ofthe Eyal-Shear-Duso—Wisercombination regarding providing
`
`media toa requesterwith the teachings ofAngles regarding selecting othermedia base done revenue
`
`
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`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 12
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`because Eyal discusses commercials can be inserted intoa playlist (see col. 13, lines 1-8) and Angles
`
`shows that revenue can be used to persuade a content providerto insert advertising.
`
`Claims 20, 21, 55, and 56 are rejected underpre-AIA 35 U.S.C. 103(a) as beingunpatentable over
`
`U.S. Patent Number6,389,467 to Eyal in view of U.S. Patent Number5,987,621 to Duso et al. and U.S.
`
`Patent Number6,938,021 to Shearet al. and U.S. Patent Number6,385,596 to Wiser in furtherview of
`
`U.S. Patent Number6,654,807 to Farberet al.
`
`As to claims 20 and 55, the Eyal-Shear-Duso-Wisercombination teaches the subject matterof
`
`claims 19 and 93 but the Eyal-Shear-Duso-Wisercombination does not explicitly teach selectinga
`
`different resource ifa resource is not available.
`
`Farberteaches a method ofdistributing data comprising selectinga different resource to
`
`facilitate streaminga portion of media ifa resource is not able to stream the portion of media and
`
`transmittingan identification ofa different resource toa communication device (See Figures Sand 6).
`
`It would have been obvious to one ofordinary skill in the art at the time ofthe applicant's
`
`invention to combine the teachings ofthe Eyal-Shear-Duso—Wisercombination regarding providing
`
`media to a requesterwith the teachings of Farber regarding selectinganother resource when a first
`
`resource is unavailable because such a selection al lows fora more efficient distribution ofdata (see
`
`background of Farber).
`
`As to claims 21 and 56, see Figures 5 and 6 of Farber.
`
`Conclusion
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 13
`
`Anyinquiry concerningthis communication orearliercommunicationsfrom the examiner
`
`should be directed to DOUGLAS B BLAIR whose telephone numberis (571)272-3893. The examinercan
`
`normally be reached on Monday-Friday 9am-5pm.
`
`Examinerinterviews are availablevia telephone, in-person,and video conferencing usinga
`
`USPTO supplied web-based collaboration too|.To schedulean interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`Ifattempts to reach the examinerby telephoneare unsuccessful, the examiner's supervisor,
`
`William Trost can be reached on 571-272-7872. The fax phone numberforthe organization where this
`
`application or proceedingis assigned is 571-273-8300.
`
`Information regardingthe status ofan application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from eitherPrivate PAIRor Public PAIR. Status informationforunpublished applications is available
`
`through Private PAIRonly. For more information about the PAIRsystem, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIRsyste m, contact
`
`the Electronic Business Center(EBC) at 866-217-9197 (toll-free). Ifyou would like assistance from a
`
`USPTO CustomerSe rvice Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA) or 571-272-1000.
`
`/DOUGLAS B BLAIR/
`
`Primary Examiner, Art Unit 2442
`
`
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