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`EXHIBIT 3
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`Part 5 of 6
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`be described in reference to Fig. 6. It typically relies on the range and detail of the formatted
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`profile information, the campaign plan example message, and the requirements for any
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`query/responseactivity that is specified.
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`Once the message template has been constructed, then a message resourcelibrary 26 is
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`created, step 300 Fig. 5. This resource library 26 contains the alternate clips of video and audio
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`needed to assemble the whole range of different messages. One sub-process 304 has the
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`instructions to receive environmental information, and synthesize the video and/or audio
`segments required by the message template for timely individualized message assembly. Another
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`sub-process 302 providesthe ability to synthesize, on the fly, artificial speech and visual
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`10
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`constructs to meet the individual specifications indicated by the different entity profiles.
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`Obtaining and maintaining current environmental information is a separate parallel operation 306
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`that is constantly polling the appropriate information channels and making the acquired data
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`available on demandto the unit 304 that synthesizes this status information for the resource
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`library. This information can be obtained from places such as the internet, the weather service, a
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`15
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`newsservice, a private internet or intranet, etc.
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`A next step 308 is to establish the master task schedule. The information gathered by the
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`campaign plan 100 is formatted suchthat it outlines the process flow and coordination
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`requirements for each step of the ongoing service project from initiation to completion. This data
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`is utilized to establish the master task schedule which controls and coordinates all of the
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`20
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`activities and events as soon as its project “clock”is started.
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`The next set of actions are directed towards service execution and delivery. After the
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`preliminary service activities have been executed (except for timely updates) the schedule
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`“clock” may be started. This controls the scheduled generation and delivery of the projects
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`personalized messagesto all of the profile entities in the target entities profiles & status data base
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`25
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`503. Execution is a continuous step and repeat process which can deliver on the fly or
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`accumulate appropriate batches for simultaneous delivery. Each step begins with the
`presentation ofthe next profile 206 to the assembly node 404 which usesthis profile to select and
`assemble the correct material from the resourcelibrary into its “slot” in the appropriate selected
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`message template. It then sends the assembled message on to the transcoding and/or compressing
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`30
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`operation 406 which delivers a video stream that matches the specifications for the delivery
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`media. These video messages are transported to the chosen media distribution center 212 for
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`delivery at the scheduled time to the media user interface 214 which communicates with each
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`appropriate target entity 214.
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`When creating the campaign plan, the campaign manager working with the client to
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`encode a default message example 102. The example serves as a message template containing a
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`rich media video composition of the messagethat the client wishes to deliver to his audience.
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`The example is of the prescribed duration and exhibits one complete advertising or other
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`message as an example of one specific version of the intended communication to be delivered.
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`This provides the starting point for later construction of a message template 400 and a resource
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`10
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`library 300 from which the various personalized versions of the message are to be assembled.
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`The client delineates the general characteristics of the members of the audience to which
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`he wishes his communication to be delivered. It may include for example appropriate media
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`connectioncriteria, family status, financial category, age group, regional location, etc. The
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`resulting set of target entity qualification data factors 104 is used in database searches to acquire
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`15
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`the list of individuals or entities to which the message will be distributed. Further criteria for
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`search database selection 106 are also defined bytheclient.
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`An entity profile template 108 is also created as a complete definition of the information
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`about each individual or entity that is to be acquired by the search as well as a pattern for the
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`formatting of the retrieved data. This entity profile template 108 is also used in the generation of
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`20
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`the target entities profiles and status database 204 which not only governs the resources and rules
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`used to assemble each personalized message butalso is the repository forall of the interactive
`information received from the target entity. A distribution channel selection 110 definesitself.
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`This selection allows the client to decide what media outlet or outlets he wishes to use to
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`communicate with his target audience.
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`25
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`Client campaign plans also define the delivery window specifications 112. These
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`specifications define a time duration over which the campaign will be executed as well as when
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`special time or programmatic related conditions are required. This information is the starting
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`point for generating a Master schedule 308.
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`Interactive query responses 114 are defined where the campaign desires to acquire
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`30
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`additional information aboutthe target entity, poling responses, purchase transactions, etc. The
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`client can also define environmental status factors 116. These factors will need to be updated at
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`the time the message is transmitted to enhance the timeliness and relevance of these personalized
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`communications packets. Examples include the weatherin various places, current interest rates,
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`current travel fares from place to place, etc.
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`As a final preparation for operations, the client and system operators defineall of the
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`verification transaction financial factors 118 which must be monitored and recorded. This
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`elementalso includes definitions for any actions to be taken as a result of this information.
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`Once the campaign plan has been encoded, a set of preliminary service activities takes
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`place in preparation of the elements necessary for the dynamic customization phase. Thefirst
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`10
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`activity is to assemble target entities profiles and status database 204. This is the working
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`database for the whole current dynamic customization system. It relies on the database selector
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`200 whichis driven by the search database selection 106 to determine which databases to search.
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`This database 204 must be completed before any of the other activities may proceed, since the
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`information it contains is used by the other activities to complete their tasks. It may, however, be
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`15
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`updated at a later time by the ongoing service activities including the query response tasks. The
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`search is set up utilizing the target entity qualification factors 104 to decide which data records to
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`retrieve and the entity profile template 108 to select and format the data for each individual or
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`entity. It reserves the fields for whateverpolling, verification, transaction, or financial
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`information is required. This database is the repository for all of the information generated by
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`20
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`the system about the target entities.
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`The next activity in preliminary services is the management of the query and response
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`interface 208 with the target user 24. When present as part of the campaign,this activity allows
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`two-way communication on a limited basis with the individual who receives the message. Use
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`of this feature may be implemented by the media distribution network, such as a set-top box
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`25
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`interface, for example web TV. Preferably, the interface can distinguish the identity of the
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`sender and associate his response with his data profile. The timing of any user interactionis
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`coordinated by the master task schedule 308.
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`The process of determining the message template 400 is described below. The message
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`template 400 embodies the rules for assembling personalized messagesutilizing the profiles data
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`30
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`and the resource library. The message template process relies on the range and detail of the
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`formatted profile information, the campaign plan example message, and the requirement for any
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`specified query/responseactivity.
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`Once a message template has been constructed 400, then a resource library must be
`
`created 300. This library contains the alternative clips of video and audio needed to assemble the
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`whole range of different messages. One sub-process assembles the whole range of different
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`messages. Another sub-process receives environmental information 306 and synthesizes 304 the
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`video and audio segments required by the message template for timely individualized message
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`assembly. Another sub-process will provide the ability to synthesize 302, on thefly,artificial
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`speech and visual constructs to meet the individual specifications indicated by the different entity
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`10
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`profiles.
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`A separate process running in parallel obtains and maintains the environmental
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`information 306 by constantly polling the appropriate information channels and making the
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`acquired data available, on demand, to the synthesizer process 304 for the resource library 300.
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`This information could be obtained from places such as the Internet, the weather service, a
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`15
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`private intranet, local sensors, etc.
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`The information gathered in the campaign plan 100 must be formatted such that it
`
`outlines the process flow and coordination requirements for each step of the ongoing service
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`project from initiation to completion. This data will be used to establish the master task schedule
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`308 which controls and coordinates all of the activities and events as soon as the project "clock"
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`20
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`is started.
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`After the preliminary service activities have been executed (except for timely updates) the
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`schedule "clock" is started. This controls the scheduled generation and delivery of the
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`dynamically customized advertisementsto all of the profile entities in the target entities profiles
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`and status database 204. Execution is a continuous process of "step and repeat" which can
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`25
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`deliver messages on demand or else accumulate appropriate batches for sumultaneousdelivery.
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`Each step begins with the presentation 206 ofthe next profile to the assembly node 404
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`which usesthis profile to select and assemble the correct material from the resource library 300
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`into its "slot" in the message template 400. It then sends the assembled message on to the
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`transcoding and compressing operation 406 which delivers a video stream that matches the
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`30
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`specifications for the delivery media. These video messages are then transported to the chosen
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`media distribution center 212 for delivery at the scheduled time to the media user interface 214
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`which communicates with each appropriate target user 24. The processis then repeated for the
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`next profile 206 until all listed profiles are serviced.
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`Fig.6 illustrates a sample message template 56. The message template(s) 56 design is
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`determined using information from the default message example 102 Fig. 5 and the general
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`criteria that defines the entity profile template 108 together with any interactive information
`
`relevant to the message. The range of values for each media segment derivesinitially from the
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`information given in the campaign plan 100 about the default message example 102 andits
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`variations. Beyondthat, the entity profile template 108 establishes the breadth of information
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`10
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`sought for each profile category such that it will provide adequate information to customize the
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`desired segments for the chosen entity. In addition, some information can be derived from the
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`interactive responsesofthe client entity as well as from the updated environmentstatus
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`information provided to the message resource library databases 26. The message template 56 Fig.
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`6 is the mold into which the proper selection of resources are "poured" to form the specific
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`15
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`message for the specific entity whose profile has been presented for assembly.
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`The message template or templates 56, together with the breadth of information
`established as previously described, forms the basis for generating the message resource library
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`26. Each defined media segment 54 for each video and audio track of the message template 56
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`requires at least one or more alternate segments 54 to be generated to provide the full range of
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`20
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`variations required to coverall of the profile categories and the variation in category types.
`
`Alternatively, the message resource library can be updated with new alternate segments 54 and
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`the expert rules 38 updated to provide finer granularity in customization based on feedback from
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`initial use of the campaign. The expert rules 38 according to the present invention allow for
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`continuous tweaking of the message assembly. The message resource library also keeps updated
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`25
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`information on any current environmental status information needed to assemble the messages.
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`These video and audio segments will generally be stored on high capacity, high speed
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`servers 200 Fig. 5, at the highest quality level needed by anyof the target media through which
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`the messages will be distributed. They are available to the assembly operation in “real time”for
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`production “on the fly”. Each segment 54is sized to fit its template slot and have its own
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`30
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`identity and time code location for rapid retrieval by the assembly operation. In another
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`embodiment, alternative segments for one template slot can vary in length, and the system
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`automatically adjusts the final message to properly fit in the total time slot. Typically this is
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`performed by shortening a following segment, which may be created to allow such variations in
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`length.
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`The next profile 60 of a user 24, Fig. 5 for whom the current message is being customized
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`is pulled from the target entities profiles & status database 503 that contains all of the data
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`collected to “fill” the profile template 60 Fig. 8 for each of the entities selected for the current
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`campaign. This profile 60 need not be limited to passive accretion of facts but may include
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`information derived by sophisticated behavior analyze of buying habits etc. Each profile 60 is
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`10
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`presented to the assembly operation to be used as a basis for selecting the media segments 54 that
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`are appropriate to this specific profile to be placed in each of the slots in the message template
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`56.
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`The assembly operation 404 proceeds in a rudimentary fashion by selecting each media
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`segment 54 from its alternates by simply locating the segment in each category that includes the
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`15
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`profile’s value for that category and using the default segment when no information is available
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`for that slot, as shown in Fig. 8. Alternatively, a more powerful form of selection is used based
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`on a logical rules to evaluate several pieces of information for any selection including how to
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`deal with gaps in the profile by evaluating and interpolating other available information. Some
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`example computer code written in a variation of the Lisp programming language is presented in
`
`20
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`the Appendix.
`
`Thefirst stage of completion results in an edit decision list which is a set of instructions
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`for the assembly of this specific message by a video editing function using the message resource
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`library 26. This causes a high quality video stream of the message to be generated whichis then
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`sent together with its ID to the transcoding operation, which is described below.
`
`25
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`Another embodiment of the present invention for delivering personalized messagesis
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`shownin Fig. 9. This embodiment is an example of personalized message creation as a service
`
`industry, where clients send requests electronically to a service provider, who creates the
`personalized message and sends the personalized message either backto the client, or directly to
`
`the user. The personalized message may be displayed to the user immediately, or alternatively,
`
`30
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`the personalized message maybe stored by the requesting client to provide to the userat a later
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`time, either by web pageor by other delivery methods 155, such as hard media (video tapes,
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`video disks, dvd etc). or by electronic means (email, cable TV, satellite etc.).
`
`Theclient 130 sends a request, including a user identification to the server 134. The user
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`identification 132 provides information identifying the user, to allow for searching and obtaining
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`user profile information. A standard user identification such as a user email address, domain
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`numberor social security number may be used, or a specific user identification used or created
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`by the client. The server sends a request to the system 20 whichis providing the service. The
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`server 134 also indicates a particular campaign to be used for creating the user-specific
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`personalized message. A campaign scheduler 142 sets up and queuesthe creation of the
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`10
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`personalized message by the system 20.
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`Upon commencement, the profile server 503 gathers profile information 60 on the user.
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`The profile server 503 can obtain profile information from many sources, including databases
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`200, as previously described. The profile server 503 then sends the gathered information
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`including the user profile information 60, message template 56 information and specific
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`15
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`campaign rule information to the message generator 145. The message generator 145 uses expert
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`rules 38 as well as other sources of environmental and temporal data 147 (such as weather, time,
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`current events etc.) to select appropriate media segments for completion of the message template
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`56. The message generator then sends a media playout list 148 to the assembly system 36, which
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`obtains the appropriate media segments from the databases 26 and producesthe personalized
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`20
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`message. Depending on the delivery requirements, the personalized message maybe sent
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`directly to the delivery target 155, or may be encoded by a media encoder 40 which performs any
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`conversion or compression necessary to produce a deliverable personalized message.
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`Another embodimentof the present invention is shown in Fig. 10. This embodimentis
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`similar to the embodiment in Fig. 9, except with more focus on message creation and delivery
`
`25
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`over the internet or world wide web. This is an example of "just in time" creation on demand, to
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`display to a user who is actively viewing a web site on which the personalized message will be
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`immediately displayed.
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`Turning to Fig. 10, A client browser 130 sends a user identification 132 to the web server
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`134. The useridentification 132 is sent along with a campaign identification, which indicates
`
`30
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`what campaign to use to create the personalized messagefor the user.
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`The web server 134 passes the received information on to the transaction processor 138,
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`typically over an electronic connection such as the internet, a dedicated telephone connection etc.
`
`The transaction processor 138 oversees much of the operation of creating the personalized
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`message, including sequencing of many ofthe steps in the operation, and bookkeeping for client
`
`records and billing. For creating the personalized message, the transaction processor 138 send
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`the user identification 132 to the profile server 503, which gathers profile information 60 on the
`
`user, as previously described. This profile information 60 is returned to the transaction processor
`
`138.
`
`The transaction processor 138 sends the campaign identification to the campaign
`
`10
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`scheduler 142, which schedules and sets up tasks and actions to be performed in the personalized
`
`message creation. The campaign scheduler controls the performance of the message generator
`
`145. The message generator 145 receives the profile information 60 and further information 144
`
`(such as parameters associated with the campaign) from the transaction processor 138.
`
`The message generator 145 provides the profile information 120 and message template 56
`
`15
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`to the expert rules system 38, which is responsible for completing the message template 56 with
`
`selected media segments for each part ofthe template. The expert rules system 38 uses rules as
`
`previously described to determine the appropriate media segments. The completed template 146
`
`is then returned to the message generator 145 which sends a media playout list 148 to the
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`transaction processor 138.
`
`20
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`The transaction processor 138 provides the media playoutlist 148 to the media server 149
`
`which assemblesall the media segments together to produce the video stream 150 of the
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`personalized message. The video stream 150 is provided to the media encoder 40, to properly
`
`encode the video stream for delivery. In the present embodiment, this is an encoded video
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`stream 154 whichis sent to the client browser 130, for delivery to the user.
`In this embodiment, the transaction processor 138, profile server 503, campaign scheduler
`
`.
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`25
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`142, message generator 145 expert rules server 38, media server 149 and media encoder 40 run
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`on separate general purpose computers running Windows NT or Linux. These computers are
`
`interconnected as appropriate for the location of each component and the bandwidth
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`requirements for communication therebetween. Alternatively, several components may run on
`
`30
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`one machine as one application, or as separate processes.
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`In an alternative embodiment, the present invention may be implemented witha plurality
`
`of message templates for one campaign, with a template selection mechanism for selecting an
`
`appropriate template based on profile informationfor the end user, or on other factors. For
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`example, if it is presently raining in a location where the end user is, a message template created
`
`with bad weather in mind may be selected over a "good" weather message template, or a generic
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`template. These plurality of message templates may have common insertable message segments,
`
`or use different libraries of insertable message segments, or even have few or no insertable
`
`message segments.
`
`Although the invention has been shownand described with respect to illustrative
`
`10
`
`embodiments thereof, various other changes, omissions and additions in the form and detail
`
`thereof may be made therein without departing from the spirit and scope of the invention.
`
`What is claimed is:
`
`-24-
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`APPENDIX.
`
`7;;SAMPLE EXPERT RULE FOR PRESETTING A SET OF USER-DEFINED AND
`
`7;7;7ENVIRONMENT PARAMETERS
`
`(user user_age userlanguage user_sex middleage
`(define Mobil
`user_card userzip)
`(
`
`( ( ( (
`
`( t
`
`Faeaecaeaceat
`
`A
`
`user_age
`
`13)
`
`child)
`
`< userage
`A
`
`user_age
`< user_age
`
`< user_age
`elderly)
`
`20)
`
`35)
`
`teen)
`
`young)
`
`60)
`
`middle)
`
`85)
`
`senior)
`
`(age
`
`(cond
`
`)
`
`(getenv (weather user_zip)))
`(weather
`(temperature (getenv (temperature user_zip)))
`(language userlanguage)
`(sex usersex)
`(category
`
`(cond
`
`10
`
`15
`
`20
`
`25
`
`German)
`
`(equal user_sex Male)
`
`30
`
`user_age 35)) A)
`
`user_age 35)) C)
`
`35
`
`((and (equal user_language
`(< user_age 35)) F)
`((equal user_card amex) E)
`((equal user_card mobil) D)
`((and (equal user_sex Male)
`
`(<
`
`((and (equal user_sex Female)
`
`(>
`
`(t B)
`
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`Case 6:20-cv-00810-ADA Document 62-7 Filed 04/02/21 Page 12 of 35
`weade330-cv-00810-ADA Document 62-7 Filed 04/02/21 PageramotRoo
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`7777 SAMPLE EXPERT CODE WHICH DEFINES A PLAYLIST
`
`(la VO1lL);load audio source
`
`(BLACK . 36));aap is apend audio playlist
`(aap 1
`((VOL . "16:29:42;13" )
`. 853))
`(aap 1
`(BLACK . 11))
`(aap 1
`(la TechnoAl)
`
`10
`
`(aap 0
`
`((TechnoAl
`
`. "16:01:05;23" )
`
`. 892))
`
`(aap 0
`
`(BLACK . 8))
`
`(ls Kj)
`
`(ls KeyFinal)
`
`(ls Kaa)
`
`15
`
`(Is Ku)
`
`;7ap is append playlist, parameters are a video segment, pulled
`;7;by reference index, and a length value, measured in frames
`
`20
`
`25
`
`30
`
`35
`
`(ap
`(ap
`(ap
`(ap
`(ap
`(ap
`
`(ap
`(ap
`
`(ap
`(ap
`(ap
`(ap
`
`(ap
`
`(ap
`
`(ap
`
`(ap
`(ap
`(ap
`(ap
`
`. 40))
`. %16:52:54;20" )
`((Kj
`((KeyFinal
`. "00:00:14;21" )
`((KeyFinal
`. "00:00:15;25" )
`((KeyFinal . "00:00:15;10" )
`((KeyFinal
`. "00:00:15;25" )
`((KeyFinal
`. "00:00:15;16" )
`
`((KeyFinal
`((KeyFinal
`
`. "00:00:15;25" )
`. "00:00:15;22" )
`
`. "00:00:17;13" )
`((KeyFinal
`. "00:00:16;25" )
`((KeyFinal
`. "00:00:17;13" )
`((KeyFinal
`((Kaa . "18:12:38;19" )
`6))
`
`((Kaa . "18:12:39;09" )
`
` . 6))
`
`((Kaa . "18:12:39;29" )
`
`((Kaa . "18:12:40;19" )
`
`6))
`
`6))
`
`. 7))
`((Kaa . "18:12:41;09" )
`((KeyFinal
`. "00:00:22;28" )
`((Ku . "17:41:24;29" )
`4))
`((Ku . "17:41:25;13" )
`4))
`
` . 16))
`3))
`3))
`3))
`3))
`
`3))
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`-26-
`
`10Tales0000451
`
`

`

`Case 6:20-cv-00810-ADA Document 62-7 Filed 04/02/21 Page 13 of 35
`weade330-cv-00810-ADA Document 62-7 Filed 04/02/21 PageramotiRago
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`-27-
`
`10Tales0000452
`
`

`

`Case 6:20-cv-00810-ADA Document 62-7 Filed 04/02/21 Page 14 of 35
`Wedd?74340-cv-00810-ADA Document 62-7 Filed 04/02/21 PageraAeti349
`
`CLAIMS
`
`A method for creating a message campaign, said message campaign providing a narrative
`1,
`framework for creating personalized messages for an intended audience, wherein said
`personalized messageis based on user profile data of said intended audience, said method
`
`comprising:
`
`creating at least one default message example of a personalized message;
`
`delineating general characteristics of members of said intended audience and creating a
`
`10
`
`set oftarget entity qualification data factors for use in database searches to acquirea list of
`
`entities to which a personalized message will be distributed;
`
`creating an entity profile template including a substantially complete definition of
`
`information about each of said entities that is to be acquired by said database search;
`
`using said entity profile template for generation oftarget entities profiles and status;
`
`15
`
`constructing a message template; and
`
`constructing a message resourcelibrary.
`
`2.
`
`The method of claim 1. wherein said constructed message template includes a plurality of
`
`media segmentslots.
`
`20
`
`3.
`
`The methodof claim 2 wherein said message resource library includes a plurality of
`
`media segments, each media segment corresponding to one of said media segment slots of said
`
`message template.
`
`25
`
`4.
`
`The method of claim 3 wherein several media segments correspond to a same oneofsaid
`
`media segmentslots of said message template.
`
`5.
`
`The method of claim 3 wherein said message resource library includes media segments
`
`30
`
`created specifically for said message campaign.
`
`- 28 -
`
`10Tales0000453
`
`

`

`Case 6:20-cv-00810-ADA Document 62-7 Filed 04/02/21 Page 15 of 35
`weade330-cv-00810-ADA Document 62-7 Filed 04/02/21 PagerametiR349
`
`6.
`
`The method of claim 1 further includingthe step of:
`
`defining a distribution channel selection, for distributing created personalized messages
`
`to target entities.
`
`7.
`
`The method of claim 1 further includingthe step of:
`
`defining interactive query responses, for acquiring additional information about said
`
`target entity.
`
`10
`
`8.
`
`The method of claim 1 further including the step of:
`
`defining environmental status factors which are updated at the time the created
`
`personalized messageis transmitted to the target entity.
`
`9.
`
`A system for creating a message campaign for a client, said message campaign providing
`
`15
`
`a narrative frameworkfor creating personalized messages for an intended audience, wherein said
`
`personalized message is based on user profile data on said intended audience; said system
`
`comprising:
`
`a client interface component, to allow said client to create at least one default message
`
`example of the personalized message,said client interface componentalso allowing said client to
`
`20
`
`delineate general characteristics of members of said intended audience, andto assist said client in
`creating a set oftarget entity qualification data factors for use in database searches to acquire a
`list of entities to which the personalized message will be distributed;
`
`|
`
`an entity profile template creation component, to create an entity profile template based
`
`on said target entity qualification data factors, said entity profile template including a
`
`25
`
`substantially complete definition of information about each of said entities that is to be acquired
`
`by said database search;
`
`a target entity profile component, responsive to said entity profile template, to generate
`
`target entities profiles and status;
`
`a message template constructor, responsive to said at least one default message example,
`
`30
`
`to construct a message template; and
`
`-29.
`
`10Tales0000454
`
`

`

`Case 6:20-cv-00810-ADA Document 62-7 Filed 04/02/21 Page 16 of 35
`weade330-cv-00810-ADA Document 62-7 Filed 04/02/21 PageraAgotiR349
`
`a resource library constructor, responsive to said at least one default message example,to
`
`create a message resource library.
`
`10.
`
`The system of claim 9 wherein said message template constructor constructs a plurality of
`
`different message templates.
`
`11.
`
`The system of claim 9 wherein said client interface componentalso allows said client to
`
`define environmental status factors, which are updated at the time the personalized messageis
`
`transmitted.
`
`10
`
`12.
`
`A method for creating a message campaign, said message campaign providing a narrative
`
`frameworkfor creating personalized messages for an intended audience, wherein said
`
`personalized messageis based on user profile data on said intended audience, said method
`
`comprising:
`
`15
`
`encoding at least one default message example of the personalized message;
`
`delineating general characteristics of members of said intended audience and creating a
`
`set of target entity qualification data factors for use in database searches to acquire a list of
`
`entities to which the personalized message will be distributed;
`
`creating an entity profile template including a substantially complete definition of
`
`20
`
`information about each of said entities that is to be acquired by said database search;
`
`using said entity profile template for generation of target entities profiles and status;
`
`defining a distribution channel selection;

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