throbber

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`UNITED STATES DEPARTMENT OF COM1VIERCE
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`MCCOY, RICHARD ANTHONY
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`243 1
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`DATE MAILED: 10/30/2019
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`16/150,919
`
`10/03/2018
`
`Christopher A. Estes
`
`ESTES-5
`
`4811
`
`TITLE OF INVENTION: DIGITAL MEDIA REPRODUCTION AND LICENSING
`
`APPLN. TYPE
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`ENTITY STATUS
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`ISSUE FEE DUE
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`01/30/2020
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`PTOL-85 (Rev. 02/11)
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`(Signature) (Date)
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`16/150,919
`
`10/03/2018
`
`Christopher A. Estes
`
`ESTES-5
`
`4811
`
`TITLE OF INVENTION: DIGITAL MEDIA REPRODUCTION AND LICENSING
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
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`SMALL
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`$500
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`$0.00
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`$0.00
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`$500
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`01/30/2020
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`MCCOY, RICHARD ANTHONY
`
`2431
`
`726-032000
`
`1. Change of correspondence address or indication of ”Fee Address” (37
`CFR 1.363).
`
`3 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/ 122) attached.
`
`
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
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`2
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`\Iumber is required.
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`recorded, or filed for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
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`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
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`Date
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`Registration No.
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`3 Applicant asserting small entity status. See 37 CFR 1.27
`
` 3 Applicant changing to regular undiscounted fee status.
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`Authorized Signature
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`Typed or printed name
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`PTOL—SS Part B (08-18) Approved for use through 01/31/2020
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`Page 2 of 3
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMIVIERCE
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`

`

`
`
`UNITED STATES DEPARTMENT OF COMIVIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`16/150,919
`
`10/03/2018
`
`Christopher A. Estes
`
`ESTES-5
`
`4811
`
`43218
`
`7590
`
`10/30/2019
`
`Taft Stettinius & Hollister LLP
`
`ONE INDIANA SQUARE, SUITE 3500
`INDIANAPOLIS, IN 46204-2023
`
`MCCOY. RICHARD ANTHONY
`
`243 1
`
`DATE MAILED: 10/30/2019
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
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`(Applications filed on or after May 29, 2000)
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`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
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`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
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`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
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`PTOL-85 (Rev. 02/11)
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`

`

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`
`

`

`I
`
`I I
`
`16/150,919
`
`Estes, Christopher A.
`
`RICHARD A MCCOY
`
`2431
`
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.. This communication is responsive to claims filed 7/18/2019.
`
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`21:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporated into this action.
`
`; the
`
`3.. The allowed claim(s) is/are 1-23 . As a result of the allowed claim(s), 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.
`
`4C] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`Certified copies:
`
`a) DAII
`
`b) C] Some
`
`*c) D None of the:
`
`1. D Certified copies of the priority documents have been received.
`2. [:1 Certified copies of the priority documents have been received in Application No.
`
`3. 1:] 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( )).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE“ of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.1:] CORRECTED DRAWINGS (as “replacement sheets“) must be submitted.
`C]
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`61:] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Supervisory Patent Examiner, Art Unit 2431
`
`Attachment(s)
`11:] Notice of References Cited (PTO-892)
`
`2D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`3.1:] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`.
`4.. Interview Summary (PTO-413)
`Paper No./Mai| Date. 10/18/19.
`/R.A.M/
`
`Examiner, Art Unit 2431
`
`5.
`
`Examiner's Amendment/Comment
`
`6. C] Examiner's Statement of Reasons for Allowance
`
`7. C] Other
`
`/LYNN D FEILD/
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`_
`Part of Paper No/Mall Date 20191018
`
`

`

`Application/Control Number: 16/150,919
`Art Unit: 2431
`
`Page 2
`
`DETAILED ACTION
`
`EXAMINER‘S AMENDMENT
`
`An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to
`
`applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an
`
`amendment, it MUST be submitted no later than the payment of the issue fee.
`
`Authorization for this examiner’s amendment was given in an interview with [ Patrick Palascak ] on [10/18/2019 ].
`
`The application has been amended as follows:
`
`terniininv a tarvct demnpra ahic for media marketinv sent
`
`A computer implemented methcd for de
`
`
`
`r—nultir—taesii-a-lt—rard-‘ware-eher-itae-te-germane-art-autheriserlutepredurat-ien-rat-a-med:iii-sententuitetn-irteiiuded-i-n-as;
`media-tiller. comprising:
`
`
`
`receiving a first request from. ”all first user and a s
`item;
`
`ectsnd ret nest irturt a second user to reproduce the media ccntent
`
`
`evaluating: Ethel] each of the first and second request to determine Whether Ethel] each of the first and second users
`has previously acquired a license to reproduce the media content item and offering: the hcense to reproduce the
`
`media content item to [lithefl Leah.user when the each user does not have the license to reproduce the media content
`item;
`
`
`
`after the( evaluation of the first request, extracting first user data thee—is specific to [lithe
`first user
`
`
`
`
`
`
`aggregating the extracted It;
`iii-sense-iand--whenthe-userden}ines-the-i—ieense.
`wherein the s ‘ "stics recerd summarizes the
`
`
`storing in a license database the statistics reecrd so that tlie summarized first and secend user data is accessible to a
`
`
`third party
`
`and analyzing by th
`
`e third party. the statistics record, .
`
`/
`
`
`
`
`
`
` {21>
`
`~‘
`.
`liic based on :3 first demographic
`to determine the tareet demoorap
`
`corresr outline to the first user data and a second den‘roera ,hie corres Bonding to the second user data;
`and marketin'r. by the third art 7. the media content item to a
`luralitv of other users corre‘s .ondine to the
`
`
`
`determined tarset denioara hie.
`
`c
`
`ta
`
`
`
`

`

`Application/Control Number: 16/150,919
`Art Unit: 2431
`
`2 The method of claim further comprising:
`
`Page 3
`
`
`receiving a license to reproduce the media content from a hcensing system when at ieast one of the first
`request and second is granted by the iicensing system; and
`
`
`
`preventing reproduction of the media content item when the first and second requests are E is]] deeiined by
`the licensing system.
`
`4. The computer implemented method or" ciairn 1, further comprising:
`
`storing in the iieense database the first and second user data that is associated with the respective first and
`second user that is attempting to reproduce the media content: item that is accessibie to a third party oniine media
`t‘etaiict‘ that has been seiected by a copyright owner to distribute :hc media content item.
`
`5.
`
`{Cnrrentiv Amended) ’1'hc etnnp‘ttter inipicmented method of claim it further comprising:
`
`
`
`storing: in the license data‘o
`V t
`'
`‘ t and second user data that is associated with the respective first and
`
`
`second user that is
`trempting to reproduce the me
`a content itern that is accessihie to a hardware device trtannfactnret
`that manufacturers hardware for the multimedia hardware evice.
`
`': data includes [i3
`<3. The method of claim it wherein the first and second it
`
`2-: vographic locations of the respective ti rst and second user who i: accesnne the media content iteni.
`
`

`

`Application/Control Number: 16/150,919
`Art Unit: 2431
`
`Page 4
`
`7.
`
`(Currently Amended) A computer implemented method for configuring a media
`
`content licensing and verification system to license media content for reproduction, the method comprising:
`
`receiVing a request from an external deVice associated with a user and a second request from a second external
`deVice associated with a second user to reproduce a media content item, wherein the request and second request
`includes digital media information associated with the media content item included in a digital media file;
`
`determining whether the request and the second request is to be granted based on a media content record stored in a
`media catalog database that is associated with the media content item and offering a license to reproduce the media
`
`content item to each of the user and the second user when the each user does not have the license to reproduce the
`media content item;
`
`after the determination of the request, extracting user data that is specific to the user that is attempting to reproduce
`the media content item at—least—ene—of when the user is granted the license and—Maen—t—he—user—deeli—nes—the—lieense;
`
`after the determination of the second request, extracting second user data that is specific to the second user that is
`attempting to reproduce the media content item when the user declines the license;
`
`aggregating the extracted user data and second user data into a statistics record, wherein the statistics record
`summarizes the user data and second user data associated with the request;
`
`storing in a license database the statistics record so that the user data and second user data is accessible to a party other
`than the user and the second user;
`
`and analyzing a plurality of statistics records aggregated from requests for the media content item when the user is
`
`granted the license and when the second user declines the license to determine a target demo graphic based on a first
`demographic corresponding to the user data and a second demographic based on the second user data; prefide—the
`partyLother—than—the—user—with—the—aggregated—user—data
`
`and marketing, by the party,
`demographic.
`
`the media content item to a plurality of other users corresponding to the target
`
`

`

`Application/Control Number: 16/150,919
`Art Unit: 2431
`
`Page 5
`
`(Currently Amended) A system for configuring a multimedia hardware device to generate an authorized
`13.
`reproduction of a media content item included in a digital media file, comprising:
`
`at least one processor; and
`
`a memory coupled with the processor, the memory including instructions that, when executed by the processor cause
`the processor to:
`
`receive a request from a user and a second request from a second user, each request requesting to reproduce the
`media content item;
`
`
`
`evaluate the each request to determine whether the respective each user has acquired a license to reproduce the
`
`media content item and offer the license to reproduce the media content item to the respective each user when the
`
`respective each user does not have the license to stream the media content item;
`
`after the evaluation of the request, extract user data that1s specific to the user that1s attempting to reproduce the
`media content item at—least—ene—of when the user acquires the license and—when—the—user—deelines—the—lieense,
`
`after the evaluation of the request, extract second user data that is specific to the second user that is attempting to
`reproduce the media content item when the user declines the license,
`
`aggregate the extracted user data and second user data into a statistics record, wherein the statistics record
`summarizes the user data and the second user data associated with the respective request and second request,
`
`store in the license database the statistics record so that the user data and the second user data is accessible to a party
`other than the user,
`
`and analyze a plurality of statistics records aggregated from requests for the media content item when the user
`acquires the license and when the s_econduser declines the license to determine a target demo graphic based on a first
`demo graphic corresponding to the user data and a second demo graphic based on the second user data,previde—a
`paFEyLother—than—the—user—with—the—aggregated—user—data
`
`and market, by the party, the media content item to a plurality of other users corresponding to the target demo graphic.
`
`

`

`Application/Control Number: 16/150,919
`Art Unit: 2431
`
`Page 6
`
`(Currently Amended) A system for configuring a media content licensing and verification system to license
`19.
`media content for reproduction, comprising:
`
`a receiver configured to receive a request from an external device associated with a user to reproduce the media
`content item, wherein the request includes digital media information associated with the media content item
`included in a digital media file;
`
`the receiver further configured to receive a second request from a second external device associated with a second
`user to reproduce the media content item, wherein the second request includes digital media information associated
`with the media content item included in a digital media file‘,
`
`at least one processor; and
`
`a memory coupled with the processor, the memory including instructions that, when executed by the processor cause
`the processor to:
`
`determine whether the request and second request is to be granted based on the media content record stored in the
`media catalog database that is associated with the media content item and offer a license to reproduce the media
`
`content item to each of the user and second user when the each user does not have the license to reproduce the media
`content item,
`
`after the determination of the request, extract user data that is specific to the user that is attempting to reproduce the
`media content item at—least—ene—of when the user acquires the license and—when—the—user—deelines—the—lieense,
`
`after the determination of the second request, extract second user data that is specific to the second user that is
`attempting to reproduce the media content item when the second user declines the license,
`
`aggregate the extracted user data and second user data into a statistics record, wherein the statistics record
`summarizes the user data and second user data associated with the respective media—licensing request and second
`request, and
`
`store in a license database the statistics record so that the user data and second user data is accessible to a party other
`than the user and second user,
`
`and analyzing a plurality of statistics records aggregated from requests for the media content item when the user is
`
`granted the license and when the second user declines the license to determine a target demo graphic based on a first
`demographic corresponding to the user data and a second demographic based on the second user data; prefide—the
`pafiyLother—than—the—user—with—the—aggregated—user—data
`
`and market, by the party, the media content item to a plurality of other users corresponding to the target demo graphic.
`
`

`

`Application/Control Number: 16/150,919
`Art Unit: 2431
`
`Page 7
`
`Claim[ 1-23 ] are allowed.
`
`Allowable Subject Matter
`
`The following is an examiner’s statement of reasons for allowance:
`
`Shintani (US 2012/0123916) discloses capturing marketing/demographic data upon license grant [0046]
`
`Block et al (US 2003/0220883) discloses storing a user’s answer relating to the acceptance or refusal of a license
`agreement.
`
`Smith. N US 2:330:3/0001887 diseioses capturing dame-graphic data of users. that access. media.
`
`NFL: “Oralina Video Analytics: YouTube insight-Advanced Techniques" by Greg Haber'marm, May 1?, 2300 teaches
`aggregating analytics corresponding; to users that watched videos.
`
`However, none of the prior art discloses the specific combination of limitations claimed including storing
`demographic data about users that decline a media license in order to inform a marketng analysis in combination
`with the other limitations of the claims.
`
`Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and,
`to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly
`labeled “Comments on Statement of Reasons for Allowance.”
`
`

`

`Application/Control Number: 16/150,919
`Art Unit: 2431
`
`Page 8
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner should be
`
`directed to RICHARD A MCCOY whose telephone number is (313)446-6520. The examiner can normally be
`
`reached on M - F10 - 6.
`
`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, Lynn Feild can
`
`be reached on 571 272 2092. The fax phone number for the organization where this application or proceeding is
`
`assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application Information
`
`Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR
`
`or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more
`
`information about the PAIR system, see http://pair-direct.uspto. gov. Should you have questions on access to the
`
`Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-
`
`786-9199 (IN USA OR CANADA) or 571-272-10

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