Case 6:20-cv-00810-ADA Document 73-10 Filed 04/23/21 Page 1 of 30
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`EXHIBIT C
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`Case 6:20-cv-00810-ADA Document 73-10 Filed 04/23/21 Page 2 of 30
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`background music. The system could also access additional information outside of the user
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`profile to determine whether insertion should occur. For example, if a first user's profile
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`indicates that the user has an affinity for a second user, when the character appears on the screen
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`the system may determine whether the second user is also viewing the presentation at the same
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`time. If so, the system may place an icon on the screen to indicate to the first user that the second
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`user is also viewing the presentation.
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`[0076] In addition to trigger points 320, flexible trigger points 322 may be utilized.
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`Flexible trigger points 322 have the property that they may be moved in time or entirely deleted.
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`Flexible trigger points 322 thus allow further personalization of the digital media asset
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`experience based on specific assets of the user typically learned through typical activity of the
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`user with digital media asset 212. Trigger points 320 and flexible trigger points 322 may include
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`time stamps and trigger point IDs 324. As represented in FIG. 3, time stamps and trigger point
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`IDs 324 may provide an indication of when the trigger point occurs 322 and the affinities
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`associated with that user.
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`[0077] FIG. 4 illustrates a default experience 400 being shown to a user with interactive
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`opportunities 402 in conjunction with trigger points 320. The trigger points 320 may be used to
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`present interactive opportunities 402 to the user. Based on the user's responses to these
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`interactive opportunities 402, an enhanced user profile 404 may be created. The enhanced user
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`profile 404 may subsequently be used in conjunction with trigger points 320 to create a
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`personalized experience 406. Personalized experience 406 may include different content which
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`is better suited to the user's demographics, psycho-demographics, cognitive states, emotional
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`states, social placement and/or group interaction dynamics within the online community, and/or
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`affinity for certain content elements.
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`[0078] For example, the default experience 400 may be a new music video having
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`interactive opportunities 402 that include selecting whether the video contains scenes from Spain
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`or Italy followed by selecting scenes from New York City or the Rocky Mountains. The user's
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`selections may be stored and utilized in personalizing future presentations. For example, if a user
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`selects that a character travels from Italy to the Rocky Mountains, the system may infer that the
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`user enjoys mountain scenery and perhaps skiing. Upon viewing an advertisement for a soda, the
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`digital content may include a skier stopping to drink the soda. Conversely, if the user preferred
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`New York City, the digital content may contain a dancer at a club stopping to drink the soda.
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`[0079] In another embodiment, a new user is asked a series of yes/no questions,
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`multiple choice and/or open-ended questions. For example, a user may be asked to answer
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`questions within the context of the narrative such as: "What is your favorite animal?"; "Would
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`you rather ride a motorcycle or drive a sports car?"; "Do you prefer blue, red, green or yellow?";
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`or "True or false, I like fishing?" Questions may include demographic questions, such as gender,
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`age, ethnic background, income, education level and region of residence. A user may also be
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`asked general questions about his or her mood, state of mind or personality traits. The answers
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`may be compiled to create a user profile which includes demographic information and personal
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`likes/dislikes. The demographic information may be used to select the appropriate general
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`database to which a member belongs, such as young female or middle-aged male. The questions
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`may be designed to gauge the user's personality traits and affinities, the user's emotional state
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`and the user's emotional response to media content. The queries may be more abstract than
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`direct questions, such as "Pick a happy color," "Choose a word that saddens you," or even
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`something similar to projective psychological tests such as an ink blot test or word association
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`test.
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`Case 6:20-cv-00810-ADA Document 73-10 Filed 04/23/21 Page 4 of 30
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`[0080] Demographic information may be compiled because an individual's
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`demographics have a great affect on his or her interest. A middle-aged parent is more likely to be
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`interested in family oriented media narrative while a single young-adult is more likely to be
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`interested in more risque media narrative. Also, a user that is in the economic middle-class may
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`be more interested in high-priced leisure activities such as golf or skiing, while a user that is in a
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`lower economic class may be more interested in less costly activities, such as basketball.
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`Compiling an individual's demographics lends a wealth of information on materials that are
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`more likely to have a personal connection.
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`[0081] FIG. 5A illustrates a context diagram for one embodiment of a digital medial
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`narrative asset personalization system (server) 590. In this embodiment, a user 501 receives the
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`assets that comprise the personalized digital media asset 212 (FIG. 2), and supplies a user ID
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`520, a password and interactions/choices.
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`[0082] The server 590 may develop the personalized digital media asset 212 from
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`content 531 and the digital asset repository 541. In one embodiment, the server 590 stores
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`modified content in a modified content storage medium 551. In an alternate embodiment, the
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`modified content is not stored, and the personalized digital media asset is presented to user 501
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`via the server 590.
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`[0083] Referring again to FIG. 5A, the user may also participate in an online
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`community 521 providing a user with the ability to interact with other users. In one embodiment,
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`the online community 521 includes the ability to share a viewing or listening experience with
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`another user, thus creating new affinities for the content of that viewing or listening experience.
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`[0084] In one embodiment, the user 501 provides a user ID 520, a password 522, and
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`interactions/choices 524 to a server 590. The user 501 may be presented with digital video 500,
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`digital audio 510, background images 200, foreground images 202, text 208, digital media
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`graphics, digital animation, and/or branding graphics 206. The user 501 may participate in an
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`online community system 521 in which the server 590 sends the user ID 520 to the online
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`community system and receives lists of community user attributes 515 and active vs. inactive
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`status 517. In this way, the server 590 may determine which users are online and which users
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`may be able to share a personalized digital asset experience. Stored user profiles 561 are stored
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`and the server 590 may access a user profile 560 using a user ID 520.
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`[0085] Content 531 may also be stored and provided to the server 590 in the form of
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`digital graphics or video 530 and/or digital audio 534, optionally based on content requests 536.
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`[0086] A digital asset repository 541 may receive asset requests 540 from the server 590
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`and may provide items such as background images 200, foreground images 202, text 208, and
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`branding graphics 206.
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`[0087] In one embodiment, the modified content is stored in modified content storage
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`551 and includes a time index 550, an asset ID 552, a media ID 554, a user ID 520, digital video
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`500, digital audio 510, background images 200, foreground images 202, text 208, and/or
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`branding graphics 206.
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`[0088] In an alternate embodiment, personalized digital media narrative is created from
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`the content 531 and the digital asset repository 541. The narrative may not be stored as modified
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`content but may be directed at the user 501 without storage.
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`[0089] FIG. 5B illustrates potential databases that may be used in the creation of the
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`personalized digital media asset and the relationships between those databases. In FIG. 5B, an
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`Uberdirector (Udir) 512 is used to create a user profile 561. Security is maintained in the user
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`profile 561 through the use of a profile security database 522 and security management system.
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`PATENT
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`The Udir 512 works in conjunction with an I/0 map 513 to interface to other databases, such as a
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`group and social dynamics database 518. The group and social dynamics database 518 may
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`permit the user to interact with other users of the digital media asset to determine the dynamics
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`between that user and the group. The Udir 512 may also work with the digital based evolving
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`nature of the story 516 to create the personalized digital media asset. The actual elements used to
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`complete the digital media asset may be contained in digital asset repository 514.
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`[0090] Referring again to FIG. 5B, trigger points 320 may be used to create an
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`experience 504, which is viewed by an audience 502. Trigger points 320 work in conjunction
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`with the digital asset repository 514 to bring lists of online users and their comments 511 in at the
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`trigger points 320. Asset sequencing, timing and security 506 may also play a role in
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`determining the final digital media asset which is presented as the experience 504 to the audience
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`502.
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`[0091] A user profile monitor 500 may also work to understand outside emotion and
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`data mapping 528 to determine whom the user is connecting with online 526 and the traveling
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`profile management 524, which may ensure that an individual profile travels from program to
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`program. Each of these elements may act to create a more complete stored user profile 561 and
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`thus a better customization of the experience 504.
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`[0092] FIG. 6 illustrates exemplary relationships between social, emotional and
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`cognitive elements, all of which may define a user's affinities. As is understood by those skilled
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`in the art, a user's reality may be determined by a number of elements including: his or her
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`emotional attraction 604 to certain affinities 601 and elements that are presented; his or her
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`interaction with others during consumption of an experience (which is the user's social element
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`602); and the user's cognitive element 603, which is his or her awareness and perception of the
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`PATENT
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`world around him or her. These three elements may form the basis for a user's reality as
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`perceived by him or her.
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`[0093] The three elements, as illustrated in FIG. 6, may include elements of an "internal
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`narrative perception identification framework topology," which determines the user's tendencies,
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`temperaments and provides a classification so as to increase the digital media narrative impact
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`through providing media elements. Other examples of the elements of the internal narrative
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`perception identification framework (see FIG. 23) include social/collective attributes, time
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`sensitive, episodic and expectation sequencing, self-narrating content classification, the user's
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`tendency to be literal vs. metaphorical, an identifier vs. a detacher, or an engager vs. a bystander.
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`These elements of personality are well known by those skilled in the art and are exemplary only.
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`Other attributes may be used to define the user's internal narrative perception identification
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`framework topology.
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`[0094] Referring to FIG. 7, exemplary components of the cognitive 603 element may
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`include: analytical skills 702 or the ability of a user to become consciously aware of elements
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`that are being delivered and to analyze elements that he or she perceives; verbal processing 704
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`or the ability to verbalize his or her reality; inferencing 706, in which individuals infer the
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`meaning of certain elements based on other elements; visualization 708 of elements of the
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`reality; the understanding and reception of speech 710; the user's ability to compute things 712;
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`the user's ability to communicate in written language and/or acquire new information 714; the
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`user's preference in method of acquisition of information 716; the users' ability to reason by
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`analogy 718; and the user's ability to quantify 770.
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`[0095] FIG. 8 illustrates exemplary social elements 602 and their components therein.
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`These components may include: the groups 802 that the user is affiliated with; a social perception
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`identification framework 804, such as a user's on-line personality or alter ego; the social
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`personas 808, which are how people perceive that user; a user's social affinities 806; the level of
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`involvement 810 that the user has with other individuals; the relationship 812 the user has with
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`other individuals, the modes of interaction 814 or how the user communicates and interacts with
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`other individuals; the ability of the user to be apt or, alternatively, inept in performing functions,
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`such as social interaction 816; the attitudes 818 the user has; and internal narrative perception
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`identification frameworks 820.
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`[0096] FIG. 9 illustrates exemplary components of affinity 601, including cultural
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`affinities 902 in which the user is associated with a particular culture or race; artistic affinities
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`904; his or her digital media narrative (entertainment) likes and dislikes 906; his or her
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`geographical affinities 908; the dates and events that are important to that user 910; his or her
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`sensation and perception of the world 912, his or her iconographic perception of the world 914;
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`and his or her individual affinities 916. These affinities may determine how a user perceives the
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`world and may represent the particular elements that allow a user to influence other human
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`beings. Users perceive or receive a sensation, consciously or unconsciously create the basis for
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`emotions, and provide a catalyst for thoughts and emotions that are stored in the brain through an
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`n-Gram encoding, ultimately placing the experience in a user's memory. By having knowledge
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`of a user's affinities, it may be possible to influence the user by creating a closer bond through
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`personalization to make a narrative experience more meaningful to that user.
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`[0097] FIG. 10 illustrates a detailed flow chart for an embodiment of the development
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`of the components for a personalized digital media asset. Referring to FIG. 10, the creative
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`director 110 may watch and listen to content in step 1000 and subsequently tag the time indices
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`with affinities in step 1010. A test 1020 may then be performed to determine if sufficient tagging
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`PATENT
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`has taken place. This step may include comparing the number of tags set to a minimum
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`threshold value or determining if all of the tags determined by a test sequence have been set. If
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`further tagging is needed, a return to step 1010 occurs. If sufficient tagging 1020 has occurred,
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`the affinities may be edited and associated with certain digital media assets in step 1030. Step
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`1030 may represent the affiliation of tags to trigger points 320 having certain affinities, such that
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`based on a user's profile and interaction it becomes possible to retrieve the appropriate
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`components of the digital media asset 212 to create a personalized experience. Subsequent to the
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`creation of the affinities, the tags may be stored in step 1040 and the interactions may be created
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`in step 1050, which may result in the development of collateral materials for narrative marketing
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`in step 1060.
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`[0098] FIG. 11 illustrates exemplary tables for a user profile when the user profile is
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`stored in a relational database. A first table 1101 may contain a user ID, password, and e-mail
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`address of a user. A second table 1111 may contain the user ID, a particular profile element, a
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`known/unknown status field, and an importance field. The second table 1111 may tabulate
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`profile elements pertaining to the user. Profile elements may include any number of affinities
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`previously discussed, internal narrative perception identification framework profile elements, or
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`any other attributes of the user. A third table 1121 may contain the user ID, one or more profile
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`elements and a value ranking for each profile element. The value may indicate that the user has
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`an affinity for that particular type of profile element and the ranking of that value. As illustrated
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`in FIG. 11, aspects of the user's affinity for art may be known. These aspects may have been
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`determined by one of the methods detailed earlier. In the example shown, it is known that the
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`user has an affinity for abstract and renaissance art. In one embodiment, the rank column of the
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`third table 1121 is used to represent the strength of a positive affinity. In this embodiment, the
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`PATENT
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`ranking indicates that the user likes renaissance art more than abstract art. In another
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`embodiment, the rank column of the third table 1121 is used to illustrate how strong the affinity
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`is with that particular value. In such an embodiment, higher rankings do not indicate stronger
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`positive preferences, but rather indicate stronger impact data structures for relational databases
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`used to link components for personalized digital media assets with affinities.
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`[0099] FIG. 12 illustrates an object-oriented approach for storing user profile elements
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`and linking components of a personalized digital media asset with affinities. Using an object-
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`oriented approach, a person object 1200, containing a profile of elements and set element
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`commands, may be created and related to a people group object 1210. A people group object
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`1210 may also be related to an experience object 1220, which contains aspects of the profile
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`element including the name and description of the profile element as well as its relationship to
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`other objects, which allows retrieval of recorded affinities 1230. Individual affinities 1240 may
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`be separate objects that contain specific elements known to be important to that user.
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`[0100] The database structures illustrated in FIGs. 11 and 12 are exemplary only, and
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`illustrate certain aspects of the user profile and his or her affinities for certain objects and shared
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`experiences that are part of his or her social interactions. Regardless of the particular database
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`structure used, some or all of the aspects of the user's reality described earlier may be captured in
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`a database to permit a user's profile to determine digital media assets that have a strong impact
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`on that user. The optimization process of finding the strongest or most appropriate affinities and
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`best match to the user's internal narrative social perception identification framework 804 may be
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`based on a number of algorithms. Exemplary algorithms may include look-up tables, in which
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`values of profile elements are matched to digital media assets, and correlation algorithms, which
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`correlate profile elements, values, and ranks with profile elements, values, and ranks for a digital
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`PATENT
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`media asset to determine the best digital media asset to present. Other techniques for matching
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`the user profile to the digital media asset may include neural networks and fuzzy logic, wherein
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`aspects of the user profile are used to train the network or as inputs to the fuzzy logic system to
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`determine the best digital media asset. Other types of artificial intelligence techniques, well
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`known to those skilled in the art, may also be used to find the digital media asset, or sets of
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`digital media assets, that have the largest impact on that particular user.
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`[0101] FIG. 13 illustrates a block diagram of a computer system for a realization of the
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`server 590 based on the reception of multimedia signals from a bi-directional network. A system
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`bus 1320 transports data among the CPU 1312, the RAM 1308, Read Only Memory— Basic
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`Input Output System (ROM-BIOS) 1324 and/or other components. The CPU 1312 accesses a
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`hard drive 1300 through a disk controller 1304. Standard input/output devices are connected to
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`the system bus 1320 through the I/0 controller 1316. A keyboard may be attached to the I/0
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`controller 1316 through a keyboard port 1336 and the monitor may be connected through a
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`monitor port 1340. A serial port device may use a serial port 1344 to communicate with the I/O
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`controller 1316. Industry Standard Architecture (ISA) expansion slots 1332 and Peripheral
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`Component Interconnect (PCI) expansion slots 1326 allow additional cards to be placed into the
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`computer. In an embodiment, a network card is available to interface a local area, wide area, or
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`other network.
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`[0102] Software to provide the functionality for a personalized digital media asset
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`creation may be developed using a number of computer languages such as C, C++, Perl, Lisp,
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`Java and other procedural or object oriented languages. Different programming languages may
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`be used for different aspects of the system, such that a first programming language may be used
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`for the content creation process illustrated in FIG. 10 and a second programming language may
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`be used for the determination of the digital media assets to present to the user.
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`[0103] In one embodiment, the software may be a web-based application containing
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`program modules. The program modules may include Java servlets, Java Server Pages (JSPs),
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`HyperText Markup Language (HTML) pages, Joint Photographic Expert Groups (JPEG) images,
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`Macromedia Flash MX movies, and/or a reusable Macromedia Flash MX component. The
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`software may be executed on a compatible server environment including a web server, servlet
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`container, Structured Query Language (SQL) database and Java Database Connectivity (JDBC)
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`driver.
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`[0104] The Macromedia Flash MX movies and the reusable Macromedia Flash MX
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`component may include multiple Macromedia Flash MX source files. A programmer may
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`supply a first file that contains code for a Time Frame component and/or a reusable Flash MX
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`component that implements the user side of the trigger point 320. An implementation may
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`include visually framing the image to be displayed and resizing the image to be displayed to fit
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`the frame, if necessary. For example, a programmer may supply a second file that includes code
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`having two Time Frame instances and three buttons per Time Frame, the buttons including a
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`"Warmer" button, a "Colder" button and a "Reset" button. The "Warmer" button may set a
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`variable indicative of an affinity value to a lower value and load an image (or images) from the
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`server that correspond to the new variable value. Similarly, the "Colder" button may set the
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`affinity value variable to a higher value and load an image (or images) from the server that
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`correspond to the new variable value. The "Reset" button may reset the variable to a mid-range
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`value or the previously stored value for the user. As an alternative to the second file, a third file
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`may be stored including a Time Frame instance, a "Load preferred image" button and two or
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`more text entry boxes. The user may utilize text entry boxes to enter, for example, an affinity
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`group name and a username. When the user enters valid information into both text entry boxes
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`and clicks on the "Load preferred image" button, the information may be sent to the server. The
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`server may use a database table to select an image based on the received information and may
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`return the selected image to the user.
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`[0105] The application software may include multiple database tables such as tables of
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`internal narrative perception identification frameworks, current users, user specific social
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`affinities, user specific emotional affinities, and/or trigger points. In an embodiment, the
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`application software may include a table that specifies an image that best represents the element
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`for a specific affinity element group and affinity element.
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`[0106] The application software may include one or more HTML pages used to access
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`the Macromedia Flash MX source files and to update the stored user Profile. The application
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`may include one or more Java servlets. In an embodiment, a first Java servlet is utilized to find
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`the affinity elements having the maximum value for the specific user, among all affinity elements
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`in a specified group, and return the image corresponding to that element having the maximum
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`value. In the embodiment, a second Java servlet is utilized to display the affinity values for the
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`user, the affinity type and the affinity element group and to provide a means for the creative
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`director 110 to update the affinity values.
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`[0107] The application software may include a plurality of JPEG image files that are
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`provided from one or more sources. The sources may include any public source of image files,
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`public copyrighted files with an appropriate copyright agreement or private files
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`[0108] FIG. 14 illustrates the construction of an Interacting Musical Intersode (IMI).
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`When used herein, Interactive Musical Intersode (IMI) may refer to an embodiment of a
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`personalized digital media narrative program that is used to create a personalized internal
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`narrative experience for the user. Referring again to FIG. 14, a window 1400 is presented which
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`contains the IMI 1420 and a toolbar 1410 for the construction of the IMI 1420. In one
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`embodiment, the creative director 110/distributor 102 views the elements which comprise the
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`digital media asset repository. In an embodiment, these elements include audio 1430, video
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`option/graphic option track 11432, which comprises background option 1, video option/graph
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`option track 2 1434, which comprises background option 2, overlay text option 1 1436 and
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`overlay text option 2 1438. In one embodiment, each of these digital media asset options is
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`linked to an affinity, such that switching can occur between these elements at the appropriate
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`trigger points 320. In one embodiment, the [MI is realized using Flash such that overlays are
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`created and switching occurs between background overlays and the appropriate audio to create
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`the EMI 1420.
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`[0109] FIG. 15 illustrates an exemplary registration screen of an [MI in which an
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`audience member is presented with a log on window 1520 in order to view the IMI. In an
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`embodiment, having the user log on creates the ability to either retrieve information about that
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`user from the database or create a new entry in the database about the user.
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`[0110] FIG. 22A is a flow chart that illustrates an embodiment of the present system at
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`work. A user may access a network or website at step 2200. The network or website may
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`determine whether the user is a new user or a repeat user at step 2205. This check may include
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`reviewing the user's cookies or simply asking the user to enter user identification (e.g. username
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`and password). If the user is a repeat visitor, the user may be asked to input a user name and
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`password at the login step 2210. The user profile may then be loaded into the system. If the user
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`is a new user, a user profile may be created at step 2220. The created user profile may then be
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`loaded into the system. In an embodiment, the created profile contains at least a username and a
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`password. The profile optionally includes demographic data such as the user's gender, age,
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`regional location and ethnic background. At step 2230, the user may select a digital media
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`presentation. As the digital media experience begins, the default digital media presentation may
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`be presented for the user's viewing and/or listening pleasure. During the viewing of the digital
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`media presentation, at step 2240 the trigger points 320 may be compared with the tags 1010
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`stored in the user's personal profile to determine if the default digital media asset video sequence
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`300 should be changed. If no tag 1010 is present for the tested trigger point, the digital media
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`asset video sequence 300 may be viewed unchanged until the next trigger point 320. If a tag is
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`present, the content of the digital media may be changed according to the stored user's personal
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`profile 561.
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`[0111] In one example, an advertiser that manufactures various types of pet food,
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`including dog food and cat food, forms an agreement with a record label that distributes music
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`videos on the Internet for free viewing. A new music video of a popular artist may include a
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`scene, segment or image having a dog or cat walk across the background to eat from a bowl of
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`food or simply have a dog or cat graphic. Sitting next to the bowl of food is a bag labeled with
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`one of the advertiser's brand name of pet food. Upon entering the website, the user's personal
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`profile may be accessed. The profile may include information that the individual is a dog lover
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`and/or dog owner. During playback of the video, a selection of the species of animal may be
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`determined at the trigger point 320 based on the viewer's profile. For example, a tag 1010 in the
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`profile may indicate to insert a dog into the video. Insertion of a dog into the media as opposed
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`to a cat increases both the effectiveness of the advertising, by allowing the advertiser to highlight
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`dog food to a dog lover, and the enjoyment of the video, since a dog lover is more likely to enjoy
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`Case 6:20-cv-00810-ADA Document 73-10 Filed 04/23/21 Page 16 of 30
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`PATENT
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`a music-based digital media experience featuring a dog. Thus, both the advertiser and the artist
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`may benefit from the enhanced digital media being presented to viewers. Furthermore, the
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`personal profile may further indicate a preferred breed of dog, such as golden retriever or terrier.
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`If such information is specified, the specific breed of dog or cat may be inserted at the trigger
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`point 320. The affinity of the user to the breed of animal may result in the user feeling more
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`personally connected to the video.
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`[0112] FIG. 16 illustrates exemplary digital media assets in the form of specialized
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`background materials 200 illustrating one part of the world (the continent of South America) and
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`background materials 200 including a woman's eye and face. In the event that it is deteimined
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`from the user profile that the user has an appropriate (or positive) affinity for South America, this
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`background may be selected for presentation. Similarly, the woman's eye (or eye color) and face
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`(or hair color) may be selected if it is determined that they would create a better emotional
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`experience for the user. By providing this material to that particular user an enhanced emotional
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`experience may occur for the user.
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`[0113] FIG. 17 illustrates a screen with personalized content in the form of digital
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`media in which an automobile segment produced by the creative director 110 is shown on the
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`screen along with a young man and a young woman. In one embodiment, these images are
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`produced in conjunction with