Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 1 of 29
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`EXHIBIT K
`(Part 4 of 5)
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 2 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 9
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`directed to a system (claim 8), and a method (claim 22). Thus, on its face, each
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`independent claim is directed to a statutory category of invention. However, each of the
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`independent claims is directed to the abstract idea of determining at least a first portion
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`of the second set of digital media assets to insert into the first composite digital media
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`stream and creating a user-specific composite digital media stream, as explained in
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`detail below. The claims do not include additional elements that are sufficient to amount
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`to significantly more than the judicial exception because the additional computer
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`elements, which are recited at a high level of generality, provide conventional computer
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`functions that do not add meaningful limits to practicing the abstract idea.
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`29.
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`Claim 22 recites, in part, identifying a first set of digital media assets; creating a
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`first composite digital media stream including at least a portion of the first set of digital
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`media assets; retrieving user information for the at least one user, wherein the user
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`information contains one or more user attributes for the at least one user; selecting a
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`second set of digital media assets, wherein at least a portion of the second set of digital
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`media assets is associated with one or more user attributes found in the user
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`information; determining at least a first portion of the second set of digital media assets
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`to insert into the first composite digital media stream; creating a user-specific composite
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`digital media stream by inserting the determined first portion of the second set of digital
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`media assets into the first composite digital media stream; and transmitting the user-
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`specific composite digital media stream to the at least one user.
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`30. Claim 8 recites similar limitations directed toward a system and also the concept
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`of determining at least a first portion of the second set of digital media assets to insert
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`into the first composite digital media stream and creating a user-specific composite
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`TT0006232
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 3 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 10
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`digital media stream. This is analogous to "customizing information based on
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`... information known about the user", which has been held to be "an idea 'of itself'"
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`(see Affinity Labs of Texas, LLC vs. Amazon.com Inc. (Fed. Cir. 2016, #2015-2080),
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`slip. op. at p. 10 discussing Intellectual Ventures I LLC v. Capital One Bank (USA), 792
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`F.3d 1363, 1369 (Fed. Cir. 2015)), since the composite digital media stream is
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`customize by the one or more user attributes found in the user information. This is also
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`analogous to "collecting information, analyzing it, and displaying certain results of the
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`collection and analysis", which has been held to also be "an idea 'of itself" (see Electric
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`Power Group), since first set of digital media assets and second set of digital media
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`assets are identified, the second set of digital media assets are analyzed to determine if
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`they are associated with one or more user attributes, and the user-specific composite
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`digital media is transmitted to the user.
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`31.
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`For Step 2B of the analysis, examiners relies on what the courts have
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`recognized, or those in the art would recognize, as elements that are well-understood,
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`routine and conventional. In the instant case some of the limitations are drawn to what
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`the courts have recognized to be computer functions that are well-understood, routine,
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`and conventional functions including: identify first set of digital media assets [processing
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`data], retrieve user information [receiving data], and select a second set of digital media
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`assets [processing data], The courts have found that functions similar to those of
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`Applicants claims of "receiving, processing, and storing data" (See Alice Corp., 134 S.
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`Ct. at 2360. But see Example 4 (AI-4: global positioning system) and "receiving or
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`transmitting data over a network, e.g., using the Internet to gather data"
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`(See Ultramercial, 772 F.3d at 716-17; buySAFE, Inc. v. Google, Inc., 765 F.3d 1350,
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`TT0006233
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 4 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 11
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`1355 (Fed. Cir. 2014) to be well-understood, routine, and conventional functions when
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`they are claimed in a merely generic manner. Courts have held computer-implemented
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`processes not to be significantly more than an abstract idea (and thus ineligible) where
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`the claim as a whole amounts to nothing more than generic computer functions merely
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`used to implement an abstract idea.
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`32.
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`Further, the independent claims do not include additional elements that are
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`sufficient to amount to significantly more than the judicial exception because the
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`additional elements when considered both individually and as an ordered combination
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`do not amount to significantly more than the abstract idea. The claim recites the
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`additional limitations of "a processing device" and "a computer-readable storage
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`medium", which are recited at a high level of generality and are recited as performing
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`generic computer functions routinely used in computer applications. Generic computer
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`components recited as performing generic computer functions that are well-understood,
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`routine and conventional activities amount to no more than implementing the abstract
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`idea with a computerized system. The use of generic computer components do not
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`impose any meaningful limit on the computer implementation of the abstract idea.
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`These additional elements do not provide significantly more to the abstract idea as the
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`additional elements do not:
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`• Improve another technology or technical field
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`• Improve the functioning of a computer itself
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`• Add a specific limitation other than what is well-understood, routine, and
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`conventional in the field
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`TT0006234
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 5 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 12
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`• Add meaningful limitations that amount to more than generally linking the
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`use of the exception to a particular technological environment.
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`33. Viewed as a whole, these additional claim elements do not provide meaningful
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`limitation(s) to transform the abstract idea into a patent eligible application of the
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`abstract idea such that the claims amount to significantly more than the abstract idea
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`itself.
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`34. Dependent claims 9-21 and 23-30 do not cure the deficiency of the abstract idea
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`and only further limit the already identified abstract idea. Claim 15 further limits the
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`digital media assets. Claims 16 and 27 further limit the determining step of claims 8 and
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`22. These claims are part of the abstract idea as explained above.
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`35. Claims 9 and 23 further recite retrieve second user information for a second user,
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`determine at least a second portion of the second set of digital media assets, create a
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`second user-specific composite digital media stream, and transmit the second user-
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`specific composite digital media stream. The same cases, as explained above, can be
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`used for these claims, since these claims recite the same limitations except for a
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`second user.
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`36. Claims 10 and 24 further recite, monitor [processing data] a first composite digital
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`media stream for the presence of a trigger. Claims 11 and 25, 12-14, and 26 further
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`limit claims 1 and 24. Claims 17 and 28 further recite, compile [processing data] a user
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`narrative framework and store the user narrative framework. Claims 18, 19, 29, and 30
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`further limit claims 17 and 28. The courts have found that functions similar to those of
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`Applicants claims of "receiving, processing, and storing data" (See Alice Corp., 134 S.
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`Ct. at 2360. But see Example 4 (Al-4: global positioning system) and "receiving or
`
`TT0006235
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 6 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 13
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`transmitting data over a network, e.g., using the Internet to gather data"
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`(See Ultramercial, 772 F.3d at 716-17; buySAFE, Inc. v. Google, Inc., 765 F.3d 1350,
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`1355 (Fed. Cir. 2014) to be well-understood, routine, and conventional functions when
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`they are claimed in a merely generic manner. Courts have held computer-implemented
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`processes not to be significantly more than an abstract idea (and thus ineligible) where
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`the claim as a whole amounts to nothing more than generic computer functions merely
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`used to implement an abstract idea.
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`37.
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`Therefore when considered both alone and in combination the dependent claims
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`do not amount to significantly more. The depending claims when analyzed as a whole,
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`are also held to be patent Ineligible under 35 U.S.C. §101.
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`Claim Rejections - 35 USC § 102
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`38. The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section
`122(b), by another filed in the United States before the invention by the applicant for patent or
`(2) a patent granted on an application for patent by another filed in the United States before
`the invention by the applicant for patent, except that an international application filed under
`the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an
`a pplication filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
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`39. Claims 8-11, 16, 21-25, and 27 are rejected under pre-AIA 35 U.S.C. 102(e) as
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`being anticipated by Haberman (U. S. Patent No. 7,904,922).
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`Regarding claims 8 and 22, Haberman teaches
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`TT0006236
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 7 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 14
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`a system creating a user specific composite digital media display, the system
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`comprising (abstract):
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`a processing device; and a computer-readable storage medium operably
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`connected to the processing device and comprising one or more programming
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`instructions that, when executed, cause the processing device to (Column 15 lines
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`60-66, "The web server 134 passes the received information on to the transaction
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`processor 138, typically over an electronic connection such as the internet, a dedicated
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`telephone connection etc. The transaction processor 138 oversees much of the
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`operation of creating the personalized message, including sequencing of many of the
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`steps in the operation, and bookkeeping for client records and billing." See also column
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`16 lines 29-37.):
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`a method for creating a user specific composite digital media display, the method
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`comprising (abstract):
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`identify a first set of digital media assets, create a first composite digital media
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`stream including at least a portion of the first set of digital media assets (column 4
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`lines 41-44, "The message campaign includes a message template and a collection of
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`media segments. The media segments [first set of digital media assets] are selected
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`[identify] and then assembled to produce the final personalized message [first
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`composite media stream] at assembly time."),
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`retrieve user information for the at least one user, wherein the user information
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`contains one or more user attributes for the at least one user (Column 5 lines 53-
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`64, "A user profile database 22 includes information regarding an individual 24.. .The
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`user profile database may contain any type of information regarding the individual 24,
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`TT0006237
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 8 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 15
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`including demographics, address, monetary income, political affiliations, known
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`preferences, buying patterns [these are all attributes] etc." Fig. 8 shows the profile of
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`Mary Johnson and shows which media assets are selected based on her profile
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`information.),
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`select a second set of digital media assets, wherein at least a portion of the
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`second set of digital media assets is associated with one or more user attributes
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`found in the user information (Column 4 lines 44-49, "Specific media segments
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`[second set of digital media assets] are selected and merged according to the message
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`template and information about the viewer derived from a user profile. The information
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`from the user profile is interpreted by an expert rule system to determine which of
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`several potential media segments to select for use in the personalized message." Figs.
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`6 and 7 show that a set of digital media assets are selected based on the user attributes
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`because it selects assets based on the user being a male or female and of age between
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`age 35 to 54, etc.),
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`determine at least a first portion of the second set of digital media assets to insert
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`into the first composite digital media stream (Fig. 8 shows the profile of Mary
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`Johnson and shows which media assets are selected based on her profile
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`information."),
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`create a user-specific composite digital media stream by inserting the determined
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`first portion of the second set of digital media assets into the first composite
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`digital media stream, and transmit the user-specific composite digital media
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`stream to the at least one user (column 16 lines 13-28, "The message generator 145
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`provides the profile information 120 and message template 56 to the expert rules
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`TT0006238
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 9 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 16
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`system 38, which is responsible for completing the message template 56 with selected
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`media segments for each part of the template. The expert rules system 38 uses rules as
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`previously described to determine the appropriate media segments. The completed
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`template 146 is then returned to the message generator 145 which sends a media
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`playout list 148 to the transaction processor 138. The transaction processor 138
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`provides the media playout list 148 to the media server 149 which assembles all the
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`media segments together to produce the video stream 150 of the personalized
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`message. The video stream 150 is provided to the media encoder 40, to properly
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`encode the video stream for delivery. In the present embodiment, this is an encoded
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`video stream 154 which is sent to the client browser 130, for delivery to the user." See
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`also column 15 lines 13-18 and Figure 4.).
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`Regarding claims 9 and 23, Haberman teaches
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`retrieve second user information for a second user, wherein the second user
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`information contains one or more user attributes for the second user (Column 13
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`lines 54-65, "Each step begins with the presentation 206 of the next profile [second
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`user] to the assembly node 404 which uses this profile to select and assemble the
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`correct material from the resource library 300 into its "slot" in the message template
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`400. It then sends the assembled message on to the transcoding and compressing
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`operation 406 which delivers a video stream that matches the specifications for the
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`delivery media. These video messages are then transported to the chosen media
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`distribution center 212 for delivery at the scheduled time to the media user interface 214
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`TT0006239
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 10 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 17
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`which communicates with each appropriate target user 24. The process is then
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`repeated for the next profile 206 until all listed profiles are serviced."),
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`determine at least a second portion of the second set of digital media assets to
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`insert into the first composite digital media stream (Column 13 lines 54-65, explains
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`that the whole process described is done for the next profile. Fig. 8 shows the profile of
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`Mary Johnson which could be the first user or the second user per column 13 and
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`shows which media assets are selected based on her profile information.");
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`create a second user-specific composite digital media stream by inserting the
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`determined second portion of the second set of digital media assets into the first
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`composite digital media stream, and transmit the second user-specific composite
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`digital media stream to the second user (column 16 lines 13-28, "The message
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`generator 145 provides the profile information 120 and message template 56 to the
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`expert rules system 38, which is responsible for completing the message template 56
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`with selected media segments for each part of the template. The expert rules system 38
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`uses rules as previously described to determine the appropriate media segments. The
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`completed template 146 is then returned to the message generator 145 which sends a
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`media playout list 148 to the transaction processor 138. The transaction processor 138
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`provides the media playout list 148 to the media server 149 which assembles all the
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`media segments together to produce the video stream 150 of the personalized
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`message. The video stream 150 is provided to the media encoder 40, to properly
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`encode the video stream for delivery. In the present embodiment, this is an encoded
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`video stream 154 which is sent to the client browser 130, for delivery to the user." See
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`also column 15 lines 13-18 and Figure 4.).
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`TT0006240
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 11 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 18
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`Regarding claims 10 and 24, Haberman teaches
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`monitor the first composite digital media stream for the presence of a trigger,
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`wherein the trigger indicates a personalization opportunity in the first composite
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`digital media stream (Fig. 4 shows the presence of triggers in the media stream by
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`showing "Insert Seq 80a", "Insert Seq 80b", "Insert Seq 80c", etc. Column 9 lines 1-8,
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`"The rule system then determines the appropriate media segments to insert into the
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`insertable sequences 80 of the message template 56. For example, the first insertable
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`sequence 80a is video selected from the video and sound database 30 [trigger]. A next
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`insertable sequence 80b is also selected from the video and sound database 30.
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`Continuing with the present example, a predefined sequence 78 is then followed by an
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`insertable sequence 80c comprising animation from animation database 32.").
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`Regarding claims 11 and 25, Haberman teaches
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`wherein a personalization opportunity comprises a location within the first
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`composite digital media stream at which one or more of the second set of digital
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`media assets can be inserted into the first composite digital media stream, and
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`wherein the one or more inserted digital media assets are chosen specifically for
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`the at least one user receiving the first composite digital media stream (Fig. 4
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`shows the presence of triggers in the media stream at specific locations in the media
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`stream by showing "Insert Seq 80a" right after "Seq 78". Column 9 lines 1-8, "The rule
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`system then determines the appropriate media segments to insert into the insertable
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`sequences 80 of the message template 56. For example, the first insertable sequence
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`TT0006241
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 12 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 19
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`80a [location in media stream] is video selected from the video and sound database 30."
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`Fig. 6, 7 and 8 show how each location is chosen specifically for the user.).
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`Regarding claims 16 and 27, Haberman teaches
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`wherein the one or more instructions for determining at least one of the set of
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`second digital media assets to insert the determined first portion of the second
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`set of digital media assets into the first composite digital media stream comprise
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`one or more additional programming instructions that, when executed, cause the
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`processing device to (Fig. 8 shows the profile of Mary Johnson and shows which
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`media assets are selected based on her profile information."):
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`perform a rule-based substitution of one or more of the digital media assets from
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`the first set of digital media assets with one or more of the digital media assets
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`from the second set of digital media assets to create a user-specific set of digital
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`media assets (Column 8, lines 25-37, "FIG. 3 illustrates an embodiment of the
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`invention in which substitution editing is implemented. A producer or editor working at
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`an editing station 70 creates a message template 56 comprised of descriptions of
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`different types of multi-media materials such as video, graphics, music and narration.
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`The editor also creates or selects the media segments and consolidates them in the
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`selected storage or database 54. User profiles 60 about the user 24 are obtained and
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`fed to a rules system 38 for substitution editing. The rules system then selects raw
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`materials from the media segments database 54 according to the message template 56
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`and user profile 60 and combines them to form a completed personalized message 72
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`that is delivered to the viewer 24.").
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`TT0006242
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 13 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 20
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`Regarding claim 21, Haberman teaches
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`the system of claim 8, wherein the first set of digital media assets includes one or more
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`of a foreground image, a background image, or audio (column 5 lines 49-58, "For
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`example, every element of a television commercial may be selected (or dynamically
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`created) to fill in a template, including background view (such as a city skyline, and
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`seasonal choices as well), music (background and jingles), language and accent of
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`narrative, the choice of what narrative to add, the product being shown (for example a
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`car or truck), the appearance of the product (for example the color of a car or
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`accessorizations), selectable video of real actors, the length the commercial runs, any
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`screen over text, etc." See also column 7 lines 8-13.).
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`Claim Rejections - 35 USC § 103
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`40. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
`
`for all obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described
`as set forth in section 102, if the differences between the subject matter sought to be patented
`and the prior art are such that the subject matter as a whole would have been obvious at the
`time the invention was made to a person having ordinary skill in the art to which said subject
`matter pertains. Patentability shall not be negatived by the manner in which the invention was
`made.
`
`41. Claims 12-15, 17-19, 26, and 28-30 are rejected under pre-AIA 35 U.S.C. 103(a)
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`as being unpatentable over Haberman (U. S. Patent No. 7,904,922), in view of Zamir
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`(P. G. Pub. No. 2003/0236582).
`
`Regarding claim 12,
`
`TT0006243
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 14 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 21
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`the system of claim 11, wherein the one or more programming instructions for
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`causing the processing device to monitor the first composite digital media stream
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`for the presence of a trigger further comprise one or more additional
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`programming instructions that, when executed, cause the processing device to
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`(Fig. 4 shows the presence of triggers in the media stream by showing "Insert Seq 80a",
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`"Insert Seq 80b", "Insert Seq 80c", etc. Column 9 lines 1-8, "The rule system then
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`determines the appropriate media segments to insert into the insertable sequences 80
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`of the message template 56. For example, the first insertable sequence 80a is video
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`selected from the video and sound database 30 [trigger]. A next insertable sequence
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`80b is also selected from the video and sound database 30. Continuing with the present
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`example, a predefined sequence 78 is then followed by an insertable sequence 80c
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`comprising animation from animation database 32."):
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`access a user profile associated with the at least one user (Fig. 8 shows the access
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`of a user profile.).
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`Haberman does not teach
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`and determine whether the at least one user has historically responded favorably
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`to one or more digital media assets associated with the trigger.
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`However, Zamir teaches
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`and determine whether the at least one user has historically responded favorably
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`to one or more digital media assets associated with the trigger ([0009]
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`"Implementations of the invention may include one or more of the following features.
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`The user interface includes both input devices and output devices that both provide and
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`receive information. The audio system includes a selector to choose audio items to be
`
`TT0006244
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 15 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 22
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`played based on reactions of users expressed through the user interface. The user
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`interface includes a way for the user to indicate his reactions about audio items. Less
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`information is made available when the vehicle is moving than when it is stopped. The
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`level of information includes an indication of favorable or unfavorable reaction to an
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`audio item.").
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`Therefore it would have been obvious to one of ordinary skill in the art at the time of the
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`invention to modify the system of Haberman by adding determine whether the at least
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`one user has historically responded favorably to one or more digital media assets
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`associated with the trigger, as taught by Zamir, in order for the system to select items to
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`be played based on preference indicated by the listening audience (Zamir, [0004]).
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`Regarding claim 13, Haberman teaches
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`the system of claim 12, wherein the one or more programming instructions for
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`causing the processing device to monitor the first composite digital media stream
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`for the presence of a trigger further comprise one or more additional
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`programming instructions that, when executed, cause the processing device to
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`(Fig. 4 shows the presence of triggers in the media stream by showing "Insert Seq 80a",
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`"Insert Seq 80b", "Insert Seq 80c", etc. Column 9 lines 1-8, "The rule system then
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`determines the appropriate media segments to insert into the insertable sequences 80
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`of the message template 56. For example, the first insertable sequence 80a is video
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`selected from the video and sound database 30 [trigger]. A next insertable sequence
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`80b is also selected from the video and sound database 30. Continuing with the present
`
`TT0006245
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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 16 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 23
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`example, a predefined sequence 78 is then followed by an insertable sequence 80c
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`comprising animation from animation database 32.").
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`Haberman does not teach
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`insert the one or more digital media assets associated with the trigger into the
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`first composite digital media stream if it is determined the at least one user has
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`reacted favorably to the trigger.
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`However, Zamir teaches
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`insert the one or more digital media assets associated with the trigger into the
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`first composite digital media stream if it is determined the at least one user has
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`reacted favorably to the trigger (Paragraph [0242] explains that positive and negative
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`responses on tracks are received and each track is given a positive or negative scores
`
`and therefore deduce the user's preferences. Paragraphs [0318]-[0321] explains what
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`track is inserted based on the user's positive feedback.).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to modify the system of Haberman by adding insert the one or more digital
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`media assets associated with the trigger into the first composite digital media stream if it
`
`is determined the at least one user has reacted favorably to the trigger, as taught by
`
`Zamir, in order for the system to select items to be played based on preference
`
`indicated by the listening audience (Zamir, [0004]).
`
`Regarding claim 14, Haberman teaches
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`the system of claim 12, wherein the one or more programming instructions for
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`causing the processing device to monitor the first composite digital media stream
`
`TT0006246
`
`

`

`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 17 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 24
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`for the presence of a trigger further comprise one or more additional
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`programming instructions that, when executed, cause the processing device to
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`(Fig. 4 shows the presence of triggers in the media stream by showing "Insert Seq 80a",
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`"Insert Seq 80b", "Insert Seq 80c", etc. Column 9 lines 1-8, "The rule system then
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`determines the appropriate media segments to insert into the insertable sequences 80
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`of the message template 56. For example, the first insertable sequence 80a is video
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`selected from the video and sound database 30 [trigger]. A next insertable sequence
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`80b is also selected from the video and sound database 30. Continuing with the present
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`example, a predefined sequence 78 is then followed by an insertable sequence 80c
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`comprising animation from animation database 32.").
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`Haberman does not teach
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`insert one or more alternate digital media assets that are not associated with the
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`trigger into the first composite digital media stream if it is determined the at least
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`one user has reacted unfavorably to the trigger.
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`However, Zamir teaches
`
`insert one or more alternate digital media assets that are not associated with the
`
`trigger into the first composite digital media stream if it is determined the at least
`
`one user has reacted unfavorably to the trigger ([0032] "Implementations of the
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`invention may include one or more of the following features. The user indicates his
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`reaction by manually invoking a control that represents a negative reaction. After the
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`playing of the item has been terminated, a next item to be played is automatically
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`selected based on reactions previously indicated by the user with respect to played
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`items of audio, video, or multimedia content." Paragraph [0242] explains that positive
`
`TT0006247
`
`

`

`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 18 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
`
`Page 25
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`and negative responses on tracks are received and each track is given a positive or
`
`negative scores and therefore deduce the user's preferences. Paragraphs [0318]-
`
`[0321] explains what track is inserted based on the user's positive feedback.).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to modify the system of Haberman by adding insert one or more alternate
`
`digital media assets that are not associated with the trigger into the first composite
`
`digital media stream if it is determined the at least one user has reacted unfavorably to
`
`the trigger, as taught by Zamir, in order for the system to select items to be played
`
`based on preference indicated by the listening audience (Zamir, [0004]).
`
`Regarding claim 15, Haberman teaches
`
`the system of claim 12, wherein the one or more digital media assets associated
`
`with the trigger comprise one or more advertisements related to the trigger
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`(Column 4 lines 36-39, "A message, story, or advertisement is assembled on demand,
`
`based upon rules applied to each user's profile data and the available library of media
`
`segments.").
`
`Regarding claims 17 and 28, Haberman teaches all the claimed features as discussed
`
`above. Haberman does not teach
`
`compile a user narrative framework for the at least one user based upon a listing
`
`of digital media assets transmitted to the at least one user; and store the user
`
`narrative framework on the computer-readable storage medium.
`
`However, Zamir teaches
`
`TT0006248
`
`

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`Case 6:20-cv-00810-ADA Document 73-27 Filed 04/23/21 Page 19 of 29
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`Application/Control Number: 14/506,822
`Art Unit: 3681
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`Page 26
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`compile a user narrative framework for the at least one user based upon a listing
`
`of digital media assets transmitted to the at least one user; and store the user
`
`narrative framework on the computer-readable storage medium (Paragraphs
`
`[0252]-[0259] explain the tracking of mood and music preference for a user based on
`
`digital media assets transmitted and storing those as a "moodBonusScore".).
`
`T