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`EXHIBIT 3
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`Part 1 of 6
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 2 of 38
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`UNTPED STATES DEPARTMES'T OF COMAERCE
`
`United States Patent and Trademark Ofiee
`
`December 09, 2020
`
`APPLICATION NUMBER:10/819,514
`FILING DATE: April 07, 2004
`PATENT NUMBER:8856030
`ISSUE DATE: October 07, 2014
`
`Patent. and Trademark Office
`
`THIS [IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDSOF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`Certified by
`
`Under Seeretary of Commerce
`fer Iniellectual Property
`and Direetor of the United Stvies
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`10Tales0000276
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 3 of 38
`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 3 of 38
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`
`10Tales0000277
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`
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`Attorney Docket No.
`
`127072.111
`
`
`D
`
`UTILITY
`S
`PATENT APPLICATION
`First Inventor
`Russek
`
`
`
` Method, System ang
`TRANSMITTAL
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`EV309119601US
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`19. CORRESPONDENCE ADDRESS
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`o
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`peepee|e
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`| Registration No. (Attorney/Agent)
`154,163
`Name(Print/Type)
`|Joseph T. Helmsen
`
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`a c
` |
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`

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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 4 of 38
`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 4 of 38
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`Fee Paid
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`ee 1501 1,330|2501 665 Utility issue fee (or reissue)
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`2201
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`54,163
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`10Tales0000278
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 5 of 38
`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 5 of 38
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`CERTIFICATE OF MAILING UNDER37 C.F.R. § 1.10
`
`APPLICANT:
`
`DAVID J. RUSSEK
`
`TITLE:
`
`METHOD, SYSTEM AND SOFTWARE FOR ASSOCIATING
`ATTRIBUTES WITHIN DIGITAL MEDIA PRESENTATIONS
`
`SERIAL NO.::
`
`Not Yet Assigned
`
`ATTORNEYREF:
`
`127072.111
`
`DATE OF DEPOSIT:
`
`April 7, 2004
`
`EXPRESS MAIL NO.
`
`EV309119601US
`
`I HEREBY CERTIFY THAT THIS PATENT APPLICATION IS BEING DEPOSITED WITH
`THE UNITED STATES POSTAL SERVICE VIA UNITED STATES POST OFFICE
`EXPRESS MAIL UNDER 37 C.F.R. § 1.10 ON THE DATE INDICATED ABOVE AND IS
`ADDRESSED TO THE COMMISSIONER OF PATENTS, MAIL STOP PATENT
`- APPLICATION,P.O. BOX 1450, ALEXANDRIA, VA 22313-1450.
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`i
`Kathleen Pujol
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`(Typed or printed
`name of person mailing paperor fee)
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`(un WA
`
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`(Signature of person mailing paper orfee)
`
`Documents Sent:
`Application (43 pages)
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`(_] Petition to Accept Color Drawings
`J Utility Application Transmittal
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`C Assignment with Cover Sheetin duplicate
`i] Fee Transmittal and check in the amountof $385.00
`C] Applicant Data Sheet
`& Certificate of Mailing
`L] SequenceListing (CD and Paper) and Statement
`Information Disclosure Statement (IDS)/PTO-1449
`
`PT: #179414 v1 (3%FQOI!.DOC)
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`10Tales0000279
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 6 of 38
`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 6 of 38
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`Application
`
`for
`
`United States Patent
`
`To all whom it may concern:
`
`Beit knownthat I, David J. Russek, have invented certain new and useful improvements
`
`METHOD, SYSTEM AND SOFTWARE FOR ASSOCIATING
`
`ATTRIBUTES WITHIN DIGITAL MEDIA PRESENTATIONS
`
`ofwhich thefollowingis a full, clear and exact description:
`
`10Tales0000280
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 7 of 38
`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 7 of 38
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`ATTORNEY DOCKET NO. 127072.111
`
`PATENT
`
`METHOD, SYSTEM AND SOFTWARE FOR ASSOCIATING ATTRIBUTES WITHIN
`
`DIGITAL MEDIA PRESENTATIONS
`
`CROSS-REFERENCE TO RELATED APPLICATIONS
`
`[0001] This patent application claimspriority to the provisional patent application
`
`entitled, “Method and System for Digital Entertainment Asset Personalization,”filed April 7,
`
`2003, serial no. 60/460,998, which is incorporated by reference herein. This patent applicationis
`also related to the patent application entitled, “Method, System and Software for Digital Media
`
`Narrative Personalization,” filed April 7, 2004, attorney docket number 127072.101.
`
`BACKGROUND OF THE INVENTION
`
`[0002]
`
`It has been stated that human thinking falls into one of two categories: reasoning
`
`and narrative, descriptive, contemplative thinking. Reasoningis the process that permits the
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`acceptanceof facts followed by a logical process to conclude a result, opinion, conclusion or
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`decision. Narrative, descriptive, contemplative thinking correspondsto the storytelling process
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`(including receiving of a story) and the thought processes associated with the reception ofa story.
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`[0003] Text and stories (presented in various formats) can also be interpreted at various
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`levels including the literal, ethical, historical and mystical levels.
`
`It is generally understood that
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`texts and stories are read andinterpreted in different ways including at the different levels. A
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`story or narrative can have different meaningsat different levels, different interpretations at
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`different levels, and will be interpreted differently by different individuals at each of the levels.
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`Additionally, an individual, based on their emotional or physical state, may interpret eachlevel of
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`a story differently. A person mayreact differently to a story based on their current emotional
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`state, which may in fact change while they are receiving the story. In somecases,it may be
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`PT: #175773 v2 (3rmi02!,DOC)
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 8 of 38
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`ATTORNEY DOCKETNO. 127072.111
`
`PATENT
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`possible to alter their emotional state while receiving the story to make them morereceptive to a
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`particular interpretation at one or morelevels.
`
`[0004] Advertising is typically a type of narrative in which the advertiser attempts to
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`influence the recipient (viewer, reader, listener) in a way that creates a positive association with a
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`product or in somecases attempts to influence the recipient to purchase the product. Humoris
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`frequently used in advertising because it puts the recipient in a receptive state for a message
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`regarding the product. As such, humoris already usedto alter the emotional state of the recipient
`ofthe advertising. Suchmanipulation ofthe emotionalstate ofthe recipient is currently limited
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`to simple manipulation through the presentation of the advertisement(narrative).
`
`[0005] With the adventofthe digital era, the number of waysto transmit and present
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`advertisements has increased dramatically, with advertising being inserted into Web pages, being
`
`displayed as pop-up windows on Webpages,transmitted as streaming media overthe Internet,
`presented as animation overthe Internet, and inserted into television streams at central or
`
`distributed insertion points. The adventof the digital era also threatens advertising in that
`
`viewers can avoid advertisements by stopping pop-up windows,or skipping over the
`
`advertisements on a Personal Video Recorder (PVR).
`
`[0006]
`
`Dueto the rapid changes in technology, advertisers are being forced to take new
`
`approachesto advertising including product placement, in which products are advertised during
`
`an entertainmentnarrative (e.g. a sit-com) as opposedto in a separate advertisement. Advertisers
`
`are also exploring ways to draw viewers(orlisteners) to content that is essentially digital media
`
`narrative storytelling, typically in the form of music or a short story that would appeal to viewers.
`
`Whatis required are waysto attract individuals to content that is personally more relevant and
`
`impactful for them and which may contain an advertising message (in the form of product
`
`PT: #175773 v2 (3rmi02!, DOC)
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`-2-
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 9 of 38
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`ATTORNEY DOCKETNO. 127072.111
`
`PATENT
`
`placement), and have them receive that messagein full, as opposed to skipping overall ora
`
`portion of the message. It would be an additional benefit to have the ability to understand the
`
`individual’s likes and dislikes or current moodin order to adapt the message appropriately for the
`
`individual at the time that they are receivingit.
`
`(0007] Digital media narrative may include content, such as video, audio, and
`
`combinations thereof, that is distributed digitally and can bestored digitally. In some instances
`
`digital media narrative can be manipulated via computer without human interaction. Digital
`
`medianarrative includes but is not limited to stories presented over the Internet, modifiable
`
`digital video including digital television and streaming media, presentations on websites
`
`including animations, still images, sequencesofstill images, audio, textual presentations, and
`
`combinationsof all of the abovementioned media.
`
`[0008] Digital media narrative can be distributed in a multitude of ways, such as
`
`broadcasting over cable andsatellite, the Internet, or on media such as optical disks (CDs or
`
`DVDs). Distribution of digital media narrative is a significant business and involves complex
`
`relationships between artists and record labels or film studios, producers, and a complete
`
`distribution chain that includes advertising, both in the form of advertising of the content itself as
`
`well as sponsored advertising that may be inserted into, or become part of the content such as
`
`product placement. Examples of sponsored advertising include the insertion of commercials into
`
`recorded materials or the use of sponsor’s products (e.g., automobiles) in the narrative.
`
`[0009] Digital media narratives may be directed at a segment of the market, but the
`
`segmentthat the digital media narrative material is directed to may be quite large. For example,
`
`an artist may create works that appeal to the 18-24 year old age group, but that group can include
`
`people with different interests from various countries and different economicclasses.
`
`PT: #175773 v2 (3mm102!.DOC)
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`-3-
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 10 of 38
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`ATTORNEY DOCKETNO. 127072.111
`
`PATENT
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`{0010] Furthermore, when digital media narratives are used as part of advertising, that
`
`digital media narrative and the advertising may be directed at such a large market segmentthatit
`
`is difficult to keep the interest of individuals within that market segment. Ifa user goes to an
`
`Internet website to view a recording of anartist, and in particular a sponsored work that contains
`
`advertising, that work (including the advertising) may be so generic that the user cannot respond
`
`to or relate to the work. Additionally, the user may experience different emotional states than
`
`another user, or the user may be in an emotionalstate that is different than the user’s emotional
`
`state when the user previously viewed the material.
`
`[0011] For the foregoing reasons, there is a need for a method, system, and software to
`
`enable a distributor of sponsored or un-sponsored digital media narratives to change the content
`ofthe digital media narrative based on user demographics, psychodemographics, emotional
`
`states, affinities (cognitive, emotional and social), self-narrating content classification, internal
`
`narrative traits preference topology, time sensitive, episodic expectation sequencing, and
`
`collective/collaborate attributes.
`
`SUMMARY OF THE INVENTION
`
`[0012] A method, system and software are presented which allow for customizing and
`
`personalizing content based on a combination ofthe user’s demographics, psychodemographics,
`
`cognitive states, emotional states, social placement and group interaction dynamics within an
`
`online community, and/or affinity for certain content elements (images, sounds, segments,
`
`graphics, video, text, dialog), self provided narrating content, internal narrative traits preference
`
`topology, and expectation level and temporal spacing of assets within the narrative. In one
`
`embodiment, a user selects material for presentation and is presented with the dynamicdigital
`
`PT: #175773 v2 (3rmi02!.DOC)
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`4.
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`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 11 of 38
`Case 6:20-cv-00810-ADA Document 62-3 Filed 04/02/21 Page 11 of 38
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`ATTORNEY DOCKET NO. 127072.111
`
`PATENT
`
`media narrative and optional embedded advertising presented in a customized format that gives
`
`the user a personalized experience.
`
`[0013] The system, method and software may support product placementtype
`
`advertising by modifying both the product placement material as well as the narrative
`surrounding the product placement material. Appropriate advertising maybe selected as well as
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`selecting components for the narrative that supports the product placement advertising.
`
`[0014]
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`In one embodiment, the user accesses a website containing sponsored material
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`and logs on to that website. Information regarding the demographics, psychodemographics,
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`cognitive states, emotionalstates, social placement and group interaction dynamics with the
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`online community, and/oraffinity for certain content elements of the user is retrieved from
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`storage. If the user is a new user, he or sheis asked a series of questions, preferably through a
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`form of media narrative, that would creatively ask the questions, in order to obtain key
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`information that the system would then classify and include into the user’s profile. These
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`questions can include yes/no, multiple choice, like/dislikes ratings or any other type of personal
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`assessmentor individual and/or group question. Alternatively, the user may interact with the
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`media narrative and the interactions may be usedto create a user profile.
`
`[0015]
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`In one embodiment, the user requests that the material be played or displayed,
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`and is simultaneously presented with that material and customized personalized graphics and
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`video. In another embodiment, the user can interact with the graphics and video. By making
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`certain choices, a profile of the user can be determined and updated and the content (including
`background material, primary video, overlay graphics and audio) modified appropriately, thus
`
`giving the user an enhancednarrative, and more meaningful and emotionally satisfying
`
`experience with respect to the viewed content. In both embodiments,the user profile can then be
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`ATTORNEY DOCKETNO. 127072.111
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`PATENT
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`used to present the most appropriate digital assets to the subscriber, namely those with which the
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`user has the highest affinity, or those which map well to the user’s tendencies and temperament,
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`which maybe includedin the user’s internal narrative perception identification framework. The
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`internal narrative perception identification framework may include a collection of attributes,
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`qualities, and measurements regarding the user that allow for matching, correlation and/or
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`selection of digital media assets that are appropriate for that user and the effective
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`communication of the message.
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`[0016]
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`In one embodiment, the user’s demographics are used to determine personalized
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`content. Demographics mayinclude, and are not limited to, group affiliations, regional location,
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`sex, sexual preference, age, family situation (married or single, children or no children), race or
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`ethnic background, religion and socio-economic condition. The user’s demographics may be
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`used alone, or in combination with the previously discussed techniques, to create the individual
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`internal narrative perception identification framework.
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`[0017] One advantage of an embodimentof the method, system and software presented
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`herein is that the user is presented with an enhanced experience of the creator’s content that
`creates a greater emotional experience for the user and a more impactful narrative. This creates a
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`more receptive state for product placed advertising inserted into the content, for a direct
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`advertisement, or for entertainment containing an advertising message. Another advantage of the
`
`method, system and software presented hereinis that it allows advertising to be inserted in subtle
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`ways and presented in a context in which users maybe able to fully engulf themselves into the
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`lifestyle being positioned and portrayed by the brand. By combining the personalizeddigital
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`media narrative asset elements with product placement advertising, a more powerful mediais
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`created for the advertisers and the artists. Additionally, since users typically volunteer to see the
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`ATTORNEY DOCKETNO. 127072.111
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`PATENT
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`content, including advertising, they are much morelikely to be receptive to the message
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`presented, andless likely to skip overor fast-forward through the content including the
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`advertising.
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`. [0018]
`
`In an alternate embodiment, users are presented with questions or chatlike text
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`based opportunities within a narrative to either share the emotional experience with other users or
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`to comment on their own emotional experience. This enables a user to share an experience with
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`friends or acquaintancesor allowsa userto “sit back and relax” while someoneelse controls the
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`enhanced experience. In this embodiment, the personalized content is based on the learned social
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`dynamics of the user.
`
`[0019] Another embodiment includes a developer toolkit that allows a creative director
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`to create trigger points in the material where digital assets such as overlay graphics, backgrounds,
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`icons, text, sound, and/or product placement imagescan beinserted into the digital media
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`narrative. The developer toolkit allows the creative director to create a map of the elements of
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`the user’s profile and hisor her internal narrative perception identification framework topology
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`to digital assets that may be created. The developer toolkit also provides forthe ability to insert
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`interactive material such as questionsor interactive graphics, allowing for the updating and
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`enhancements of the user profile.based on the user’s interactions. The toolkit further permits the
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`creative director to create and link the digital assets to the material such that assets for which the
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`user has a high degreeofaffinity or assets having a highest probability for matching a user’s
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`internal narrative perception identification framework topology can be selected at the trigger
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`point.
`
`[0020] One advantage of an embodimentof the method, system and software presented
`
`herein is that they may enable a central server or service to compile a user’s internal narrative
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`ATTORNEY DOCKETNO.127072.111
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`PATENT
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`perception identification framework and to store the internal narrative perception identification
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`framework as an internal narrative perception identification framework profile and allow this
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`profile to track or follow the user as he or she peruses multiple digital media narratives. This
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`enables the user to receive enhanced digital media assets and various narrative experiences and
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`allows the service to be sold to advertisers that advertise on any website or broadband IP-based
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`distribution point.
`
`[0021] These and other features and objects of the invention will be more fully
`
`understood from the following detailed description of the embodiments which should be read in
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`light of the accompanying drawings.
`
`[0022]
`
`In this respect, before explaining at least one embodimentof the invention in
`
`detail, it is to be understood that the inventionis not limited in its application to the details of
`
`construction and to the arrangements of the components set forth in the description orillustrated
`
`in the drawings. The invention is capable of other embodimentsandof being practiced and
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`carried out in various ways. Also, it is to be understood that the phraseology and terminology
`
`employed herein, as well as the abstract, are for the purpose of description and should not be
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`regarded as limiting.
`
`[0023] As such,those skilled in the art will appreciate that the concepts upon whichthis
`
`disclosure is based may readily be used as a basis for designing other structures, methods, and
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`systems for carrying out the several purposes of the present invention. It is important, therefore,
`
`that the claims be regarded as including such equivalent constructions insofar as they do not
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`depart from the spirit and scope of the present invention.
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`ATTORNEY DOCKETNO. 127072.111
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`PATENT
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`BRIEF DESCRIPTION OF THE DRAWINGS
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`[0024] The accompanying drawings, which are incorporated in and formapart of the
`
`specification, illustrate embodiments of the present invention and, together with the description
`
`serve to explain the principles of the invention.
`
`[0025]
`
`FIG.1 illustrates a user-relationship diagram for an embodimentof the system;
`
`[0026]
`
`FIG.2 illustrates the representative componentsofa digital media narrative and
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`the digital media assets;
`
`[0027]
`
`FIG.3 illustrates the creation of a personalized digital media narrative;
`
`[0028]
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`FIG.4 illustrates the use of interactivity to create an enhanced userprofile and
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`an enhanced experience through a personalized digital media asset;
`
`[0029]
`
`FIG. SA illustrates a context diagram for digital media narrative asset
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`personalization;
`
`[0030]
`
`FIG.5Billustrates potential databases that may be usedin creation of the
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`personalized digital media asset and the relationships between those databases;
`
`[0031]
`
`FIG.6 illustrates exemplary relationships between the social, emotional, and
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`cognitive affinity elements;
`
`[0032]
`
`FIG.7 illustrates exemplary components of the cognitive element,
`
`[0033]
`
`FIG.8 illustrates exemplary components of the social element,
`
`[0034]
`
`FIG.9 illustrates exemplary componentsofaffinity;
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`(0035] FIG. 10 illustrates a flowchart for the development of the components for a
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`personalized digital media narrative;
`
`[0036]
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`FIG.11 illustrates data structures for a relational database for linking
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`components of a personalized digital media asset with affinities;
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`[0037]
`
`FIG. 12 illustrates an object oriented approach for linking components of a
`
`personalized digital media asset with affinities,
`
`[0038]
`
`FIG. 13 illustrates a computer on which the invention can be built;
`
`[0039]
`
`FIG.14 illustrates the construction of an Interactive Musical Intersode (IMD;
`
`[0040]
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`FIG. 15 illustrates a registration screen for an IMI,
`
`[0041]
`
`FIG. 16 illustrates a screen representing a personalized background in an IMI;
`
`[0042}
`
`FIG. 17 illustrates a screen with perso