Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 1 of 25
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`EXHIBIT C
`(Part 1 of 4)
`
`

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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 2 of 25
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`UN MAI STATES DEPARTMENT OF COMMERCE
`
`U nited States Patent rind Trademark Office
`
`December 09, 2020
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 10/819,514
`FILING DATE: April 07, 2004
`PATENT NUMBER: 8856030
`ISSUE DATE: October 07, 2014
`
`At:
`
`Under Secretary of ( lmerce
`for Intellectual Property
`and Director of the United States
`Patent and Tratientark Office
`
`•
`
`10Tales0000276
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`

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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 3 of 25
`
`
`Approved for use through 07/31/2006. OMB 0651-0032
`
`PTO/SB/05 (01-04) u-L- 'It ----- -'----------
`
`c0 - U.S. Patent and Trademark Office. U.S. DEPARTMENT OF COMMERCE 0 =c5
`-ou =- =-.-. (1). Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`„I- --=f••-•.
`0,._
`\ co .5:4_
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`-‘) --,.... -0
`
`UTILITY
`--I
`0
`\x,
`PATENT APPLICATION
`"V
`TRANSMITTAL
`
`Attorney Docket No.
`
`127072.111
`
`First Inventor
`
`Russek
`
`Title
`
`Method, System and
`
`(Only for new nonprovisional applications under 37 CFR 1.53(b))
`
`Express Mail Label No.
`
`EV309119601US
`
`APPLICATION ELEMENTS
`See MPEP chapter 600 concerning utility patent application contents.
`
` ]
`
`J Fee Transmittal Form (e.g., PTO/SB/17)
`1.
` (Submit an original and a duplicate for fee processing)
`2. 1:=1 Applicant claims small entity status.
`See 37 CFR 1.27.
`[Total Pages 43
`3. liii Specification
`(preferred arrangement set forth below)
`- Descriptive title of the invention
`- Cross Reference to Related Applications
`- Statement Regarding Fed sponsored R & D
`- Reference to sequence listing, a table,
`or a computer program listing appendix
`- Background of the Invention
`- Brief Summary of the Invention
`- Brief Description of the Drawings (if filed)
`- Detailed Description
`- Claim(s)
`- Abstract of the Disclosure
`4. rn Drawing(s) (35 U.S.C. 113) [Total Sheets 25
`
` ]
`
`[Total Sheets 2
`5. Oath or Declaration
`a. D Newly executed (original or copy)
`
`b. 1=1 Copy from a prior application (37 CFR 1.63(d))
`(for continuation/divisional with Box 18 completed)
`
`i.1=1 DELETION OF INVENTOR(S)
`Signed statement attached deleting inventor(s)
`name in the prior application, see 37 CFR
`1.63(d)(2) and 1.33(b).
`
`6. J Application Data Sheet, See 37 CFR 1.76
`
`ADDRESS TO:
`
`Mail Stop Patent Application
`Commissioner for Patents
`P.O. Box 1450
`Alexandria VA 22313-1450
`7. c3 CD-ROM or CD-R in duplicate, large table or
`Computer Program (Appendix)
`8. Nucleotide and/or Amino Acid Sequence Submission
`(if apnable, all necessary)
`Computer Readable Form (CRF)
`a.
`
`b.
`
`Specification Sequence Listing on:
`
`i.
`
`CD-ROM or CD-R (2 copies); or
`
`Paper
`
`c. I=1 Statements verifying identity of above copies
`ACCOMPANYING APPLICATION PARTS
`
`Assignment Papers (cover sheet & document(s))
`9.
`10. III 37 CFR 3.73(b) Statement
`Power of
`Attorney
`(when there is an assignee)
`1 1. El English Translation Document (if a licable)
`U Copies of IDS
`Information Disclosure
`12. 1:::1
` Statement (IDS)/PTO-1449
`Citations
`1 3. El Preliminary Amendment
`14. 0 Return Receipt Postcard (MPEP 503)
`(Should be specifically itemized)
`15. 73 Certified Copy of Priority Document(s)
`(if foreign priority is claimed)
`16. El Nonpublication Request under 35 U.S.C. 122
`(b)(2)(B)(i). Applicant must attach form PTO/SB/35
`or its equivalent.
`Other: CectilicMe.pf.Mailing
`
`17.
`
`18. If a CONTINUING APPLICATION, check appropriate box, and supply the requisite information below and in the first sentence of the
`specification following the title, or in an Application Data Sheet under 37 CFR 1.76:
`
`n Continuation
`
`Divisional
`
`El Continuation-in-part (CIP)
`
`of prior application No
`
` Art Unit:
`Examiner
`Prior application information:
`For CONTINUATION OR DIVISIONAL APPS only; The entire disclosure of the prior application, from which an oath or declaration is supplied under Box
`5b, is considered a part of the disclosure of the accompanying continuation or divisional application and is hereby incorporated by reference.
`The incorporation can only be relied upon when a portion has been inadvertently omitted from the submitted application parts.
`19. CORRESPONDENCE ADDRESS
`
`Customer Number:
`
`21269
`
`OR 1::3 Correspondence address below
`
`Name
`
`Address
`
`City
`
`Country
`
`State
`
`Telephone
`
`Zip Code
`
`Fax
`
`Name (Print/Type) Joseph T. Helmsen
`Signature
`
`Registration No. (Attorney/Agent) 54,163
`Date
`
`April 7, 2004
`This collection of inforrn on i required by 37 CFR 1.53(b). The information is required to obtain or retain a benefit by the public which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments
`on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent
`and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Mail Stop Patent Application, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-P70-9199 and select option 2.
`
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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 4 of 25
`
`N.)
`C,
`
`0
`
`f-.
`
`=====
`
`Application Number
`
`PTO/SB/17 (10-03)
`Approved for use through 07/31/2006. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`if) Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`Complete if Known
`.Not Yet Assigned
`April 7, 2004
`Filing Date
`First Named Inventor Russek
`Not Yet Assigned
`Examiner Name
`
`FEE TANS ITTAL
`for FY 2004
`iiZi Applicant claims small entity status. See 37 CFR 1.27
`($) 385.00
`
`Effective 10/0112003. Patent fees are subject to annual revision.
`
`.TOTAL AMOUNT OF PAYMENT
`
`Art Unit
`
`Attorney Docket No.
`
`Not Yet Assigned
`127072 111
`
`FEE CALCULATION (continued)
`
`3. ADDITIONAL FEES
`Lar Ent Small Enti
`
`Fee Fee Fee Fee
`Code ($) Code ($)
`65
`1051 130 2051
`
`1052 50 2052
`
`25
`
`1053 130
`1812 2,520
`
`1053 130
`1812 2,520
`
`1804 920*
`
`1804 920*
`
`1805 1,840*
`
`1805 1,840'
`
`1 251
`
`110
`
`2251 55
`
`1252
`
`420
`
`2252 210
`
`Fee Description
`
`Fee Paid
`
`Surcharge - late filing fee or oath
`
`Surcharge - late provisional filing fee or
`cover sheet
`Non-English specification
`For filing a request for ex parte reexamination
`
`Requesting publication of SIR prior to
`Examiner action
`Requesting publication of SIR after
`Examiner action
`Extension for reply within first month
`Extension for reply within second month
`
`Order
`
`Other
`
`[]one
`
`METHOD OF PAYMENT (check all that apply)
`Ei Check D Credit card
`LI Money
`121 Deposit Account:
`Deposit
`50-0436
`Account
`Number
`Deposit
`Pepper Hamilton LLP
`Account
`Name
`The Director is authorized to: (check all that apply)
`Credit any overpayments
`
`El Charge fee(s) indicated below
`
`Charge any additional fee(s) or any underpayment of fee(s)
`
`flCharge fee(s) indicated below, except for the filing fee
`
`t6 the above-identified deposit account.
`FEE CALCULATION
`1. BASIC FILING FEE
`Urge Entity Small Entity
`Fee Fee
`Fee Fee Fee Description
`o e
`o e
`1001 770
`2001 385
`
`Utility filing fee
`
`1002 340
`
`2002 170
`
`Design filing fee
`
`1003 530
`
`2003 265
`
`Plant filing fee
`
`Fee Paid
`
`385.00
`
`1253
`
`950
`
`2253 475
`
`Extension for reply within third month
`
`1254
`
`1,480
`
`2254 740
`
`Extension for reply within fourth month
`
`1255
`
`2,010
`
`2255 1,005
`
`Extension for reply within fifth month
`
`1401
`
`1402
`
`330
`
`330
`
`290
`
`2401 165 Notice of Appeal
`2402 165 Filing a brief in support of an appeal
`2403 145 Request for oral hearing
`
`1004 770
`
`2004 385
`
`Reissue filing fee
`
`1005 160
`
`2005
`
`80
`
`Provisional filing fee
`
`1403
`
`1451
`
`1,510
`
`1451 1,510 Petition to institute a public use proceeding
`
`SUBTOTAL (1) ($) 385.00
`
`1452
`
`1 10
`
`2452 55 Petition to revive - unavoidable
`
`1453
`
`1,330
`
`1501
`1502
`
`1,330
`480
`
`2453 665 Petition to revive - unintentional
`2501 665 Utility issue fee (or reissue)
`2502 240 Design issue fee
`
`1 503
`
`640
`
`2503 320 Plant issue fee
`
`1460
`
`130
`
`1460 130 Petitions to the Commissioner
`
`1807
`
`50
`
`1807 50 Processing fee under 37 CFR 1.17(q)
`
`1806
`
`180
`
`8021
`
`40
`
`1809 770
`
`1810 770
`
`1801 770
`
`1802 900
`
`1806 180 Submission of Information Disclosure Stmt
`8021 40 Recording each patent assignment per
`property (times number of properties)
`2809 385 Filing a submission after final rejection
`(37 CFR 1.129(a))
`
`2810 385 For each additional invention to be
`examined (37 CFR 1.129(b))
`Request for Continued Examination (RCE)
`385
`2801
`1802 900 Request for expedited examination
`of a design application
`
`2. EXTRA CLAIM FEES FOR UTILITY AND REISSUE
`Fee from
`• . Fee Paid
`0
`
`Extra Claims
`-20— = 0
`- 3** = 0
`
`4j 40
`
`7
`Total Claims
`Independent
`2
`Claims
`M ultiple Dependent
`
`La •e Ent'
`Fee Fee
`Code ($)
`1202 18
`
`1201 86
`
`1203 290
`
`Fee Description
`
`Small Ent
`Fee Fee
`Code ($)
`2202 9 Claims in excess of 20
`2201 43 Independent claims in excess of 3
`2203 145 Multiple dependent claim, if not paid
`
`1 204 86
`
`2204 43
`
`1205 18
`
`2205 9
`
`Reissue independent claims
`over original patent
`
`** Reissue claims in excess of 20
`and over original patent
`
`($) 0
`SUBTOTAL (2)
`"or number previously paid, if greater; For Reissues, see above
`
`Other fee (specify)
`*Reduced by Basic Filing Fee Paid
`
`4 SUBMITTED BY
`
`Name (Print/Type)
`
`Signature
`
`Joseph T. Helmsen
`
`'Registration No.
`(Attorney/Agent)
`
`I 54,163
`
`SUBTOTAL (3) ($)
`
`(Complete (if applicable))
`
`Telephone 412.454.5000
`
`Date
`
`April 7, 2004
`
`WA4NIN : Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`This collection of information is required by 37 CFR 1.17 and 1.27. The information is required to obtain or retain a benefit by the public which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on
`the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS.
`SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`
`If you need assistance in completing the form, call 1-800-P70-9199 and select option 2.
`
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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 5 of 25
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`CERTIFICATE OF MAILING UNDER 37 C.F.R. § 1.10
`
`APPLICANT:
`
`DAVID J. RUSSEK
`
`TITLE:
`
`METHOD, SYSTEM AND SOFTWARE FOR ASSOCIATING
`ATTRIBUTES WITHIN DIGITAL MEDIA PRESENTATIONS
`
`SERIAL NO.:
`
`Not Yet Assigned
`
`ATTORNEY REF:
`
`127072.111
`
`DATE OF DEPOSIT:
`
`April 7, 2004
`
`EXPRESS MAIL NO.
`
`EV309119601US
`
`I HEREBY CERTIFY THAT THIS PATENT APPLICATION IS BEING DEPOSITED WITH
`THE UNITED STATES POSTAL SERVICE VIA UNITED STATES POST OFFICE
`EXPRESS MAIL UNDER 37 C.F.R. § 1.10 ON THE DATE INDICATED ABOVE AND IS
`ADDRESSED TO THE COMMISSIONER OF PATENTS, MAIL STOP PATENT
`APPLICATION, P.O. BOX 1450, ALEXANDRIA, VA 22313-1450.
`
`Kathleen Pujol
`(Typed or prineçl name of person mailing paper or fee)
`
`(Signature of person mailing paper or fee)
`
`Documents Sent:
`Application (43 pages)
`Formal Drawings (25 sheets)
`IA11
`0 Petition to Accept Color Drawings
`Utility Application Transmittal
`Declaration and Power of Attorney
`
`0 Assignment with Cover Sheet in duplicate
`A
`Fee Transmittal and check in the amount of $385.00
`0 Applicant Data Sheet
`Certificate of Mailing
`11 Sequence Listing (CD and Paper) and Statement
`I nformation Disclosure Statement (IDS)/PT0-1449
`
`PT: #1794I4 vi (3/oFQ01!.DOC)
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`Application
`
`for
`
`United States Patent
`
`To all whom it may concern:
`
`Be it known that I, David I Russek, have invented certain new and useful improvements
`
`in
`
`METHOD, SYSTEM AND SOFTWARE FOR ASSOCIATING
`
`ATTRIBUTES WITHIN DIGITAL MEDIA PRESENTATIONS
`
`of which the following is a full, clear and exact description:
`
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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 7 of 25
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`ATTORNEY DOCKET NO. 127072.111
`
`PATENT
`
`METHOD, SYSTEM AND SOFTWARE FOR ASSOCIATING ATTRIBUTES WITHIN
`
`DIGITAL MEDIA PRESENTATIONS
`
`CROSS-REFERENCE TO RELATED APPLICATIONS
`
`[0001] This patent application claims priority to the provisional patent application
`
`entitled, "Method and System for Digital Entertainment Asset Personalization," filed April 7,
`
`2003, serial no. 60/460,998, which is incorporated by reference herein. This patent application is
`
`also related to the patent application entitled, "Method, System and Software for Digital Media
`
`Narrative Personalization," filed April 7, 2004, attorney docket number 127072.101.
`
`BACKGROUND OF THE INVENTION
`
`[0002] It has been stated that human thinking falls into one of two categories: reasoning
`
`and narrative, descriptive, contemplative thinking. Reasoning is the process that permits the
`
`acceptance of facts followed by a logical process to conclude a result, opinion, conclusion or
`
`decision. Narrative, descriptive, contemplative thinking corresponds to the storytelling process
`
`(including receiving of a story) and the thought processes associated with the reception of a story.
`
`[0003] Text and stories (presented in various formats) can also be interpreted at various
`
`levels including the literal, ethical, historical and mystical levels. It is generally understood that
`
`texts and stories are read and interpreted in different ways including at the different levels. A
`
`story or narrative can have different meanings at different levels, different interpretations at
`
`different levels, and will be interpreted differently by different individuals at each of the levels.
`
`Additionally, an individual, based on their emotional or physical state, may interpret each level of
`
`a story differently. A person may react differently to a story based on their current emotional
`
`state, which may in fact change while they are receiving the story. In some cases, it may be
`
`PT: 01 75773 v2 (3m1102!.DOC)
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`ATTORNEY DOCKET NO. 127072.111
`
`PATENT
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`possible to alter their emotional state while receiving the story to make them more receptive to a
`
`particular interpretation at one or more levels.
`
`100041 Advertising is typically a type of narrative in which the advertiser attempts to
`
`influence the recipient (viewer, reader, listener) in a way that creates a positive association with a
`
`product or in some cases attempts to influence the recipient to purchase the product. Humor is
`
`frequently used in advertising because it puts the recipient in a receptive state for a message
`
`regarding the product. As such, humor is already used to alter the emotional state of the recipient
`
`of the advertising. Such manipulation of the emotional state of the recipient is currently limited
`
`to simple manipulation through the presentation of the advertisement (narrative).
`
`100051 With the advent of the digital era, the number of ways to transmit and present
`
`advertisements has increased dramatically, with advertising being inserted into Web pages, being
`
`displayed as pop-up windows on Web pages, transmitted as streaming media over the Internet,
`
`presented as animation over the Internet, and inserted into television streams at central or
`
`distributed insertion points. The advent of the digital era also threatens advertising in that
`
`viewers can avoid advertisements by stopping pop-up windows, or skipping over the
`
`advertisements on a Personal Video Recorder (PVR).
`
`[0006] Due to the rapid changes in technology, advertisers are being forced to take new
`
`approaches to advertising including product placement, in which products are advertised during
`
`an entertainment narrative (e.g. a sit-corn) as opposed to in a separate advertisement. Advertisers
`
`are also exploring ways to draw viewers (or listeners) to content that is essentially digital media
`
`narrative storytelling, typically in the form of music or a short story that would appeal to viewers.
`
`What is required are ways to attract individuals to content that is personally more relevant and
`
`impactful for them and which may contain an advertising message (in the form of product
`
`PT: #I75773 v2 (3rm102!.DOC)
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`-2-
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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 9 of 25
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`placement), and have them receive that message in full, as opposed to skipping over all or a
`
`portion of the message. It would be an additional benefit to have the ability to understand the
`
`individual's likes and dislikes or current mood in order to adapt the message appropriately for the
`
`individual at the time that they are receiving it.
`
`[0007] Digital media narrative may include content, such as video, audio, and
`
`combinations thereof, that is distributed digitally and can be stored digitally. In some instances
`
`digital media narrative can be manipulated via computer without human interaction. Digital
`
`media narrative includes but is not limited to stories presented over the Internet, modifiable
`
`digital video including digital television and streaming media, presentations on web sites
`
`including animations, still images, sequences of still images, audio, textual presentations, and
`
`combinations of all of the abovementioned media.
`
`[0008] Digital media narrative can be distributed in a multitude of ways, such as
`
`broadcasting over cable and satellite, the Internet, or on media such as optical disks (CDs or
`
`DVDs). Distribution of digital media narrative is a significant business and involves complex
`
`relationships between artists and record labels or film studios, producers, and a complete
`
`distribution chain that includes advertising, both in the form of advertising of the content itself as
`
`well as sponsored advertising that may be inserted into, or become part of the content such as
`
`product placement. Examples of sponsored advertising include the insertion of commercials into
`
`recorded materials or the use of sponsor's products (e.g., automobiles) in the narrative.
`
`[0009] Digital media narratives may be directed at a segment of the market, but the
`
`segment that the digital media narrative material is directed to may be quite large. For example,
`
`an artist may create works that appeal to the 18-24 year old age group, but that group can include
`
`people with different interests from various countries and different economic classes.
`
`PT: #175773 v2 (3m1102!.DOC)
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`-3-
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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 10 of 25
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`ATTORNEY DOCKET NO. 127072.111
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`PATENT
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`[0010] Furthermore, when digital media narratives are used as part of advertising, that
`
`digital media narrative and the advertising may be directed at such a large market segment that it
`
`is difficult to keep the interest of individuals within that market segment. If a user goes to an
`
`Internet web site to view a recording of an artist, and in particular a sponsored work that contains
`
`advertising, that work (including the advertising) may be so generic that the user cannot respond
`
`to or relate to the work. Additionally, the user may experience different emotional states than
`
`another user, or the user may be in an emotional state that is different than the user's emotional
`
`state when the user previously viewed the material.
`
`[0011] For the foregoing reasons, there is a need for a method, system, and software to
`
`enable a distributor of sponsored or un-sponsored digital media narratives to change the content
`
`of the digital media narrative based on user demographics, psychodemographics, emotional
`
`states, affinities (cognitive, emotional and social), self-narrating content classification, internal
`
`narrative traits preference topology, time sensitive, episodic expectation sequencing, and
`
`collective/collaborate attributes.
`
`SUMMARY OF THE INVENTION
`
`[0012] A method, system and software are presented which allow for customizing and
`
`personalizing content based on a combination of the user's demographics, psychodemographics,
`
`cognitive states, emotional states, social placement and group interaction dynamics within an
`
`online community, and/or affinity for certain content elements (images, sounds, segments,
`
`graphics, video, text, dialog), self provided narrating content, internal narrative traits preference
`
`topology, and expectation level and temporal spacing of assets within the narrative. In one
`
`embodiment, a user selects material for presentation and is presented with the dynamic digital
`
`PT: 14175773 v2 (3rm102!. DOC)
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`-4-
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`Case 6:20-cv-00810-ADA Document 73-9 Filed 04/23/21 Page 11 of 25
`
`ATTORNEY DOCKET NO. 127072.111
`
`PATENT
`
`media narrative and optional embedded advertising presented in a customized format that gives
`
`the user a personalized experience.
`
`[0013] The system, method and software may support product placement type
`
`advertising by modifying both the product placement material as well as the narrative
`
`surrounding the product placement material. Appropriate advertising may be selected as well as
`
`selecting components for the narrative that supports the product placement advertising.
`
`[0014] In one embodiment, the user accesses a website containing sponsored material
`
`and logs on to that website. Information regarding the demographics, psychodemographics,
`
`cognitive states, emotional states, social placement and group interaction dynamics with the
`
`online community, and/or affinity for certain content elements of the user is retrieved from
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`storage. If the user is a new user, he or she is asked a series of questions, preferably through a
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`form of media narrative, that would creatively ask the questions, in order to obtain key
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`information that the system would then classify and include into the user's profile. These
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`questions can include yes/no, multiple choice, like/dislikes ratings or any other type of personal
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`assessment or individual and/or group question. Alternatively, the user may interact with the
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`media narrative and the interactions may be used to create a user profile.
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`[0015] In one embodiment, the user requests that the material be played or displayed,
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`and is simultaneously presented with that material and customized personalized graphics and
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`video. In another embodiment, the user can interact with the graphics and video. By making
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`certain choices, a profile of the user can be determined and updated and the content (including
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`background material, primary video, overlay graphics and audio) modified appropriately, thus
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`giving the user an enhanced narrative, and more meaningful and emotionally satisfying
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`experience with respect to the viewed content. In both embodiments, the user profile can then be
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`used to present the most appropriate digital assets to the subscriber, namely those with which the
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`user has the highest affinity, or those which map well to the user's tendencies and temperament,
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`which may be included in the user's internal narrative perception identification framework. The
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`internal narrative perception identification framework may include a collection of attributes,
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`qualities, and measurements regarding the user that allow for matching, correlation and/or
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`selection of digital media assets that are appropriate for that user and the effective
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`communication of the message.
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`[0016] In one embodiment, the user's demographics are used to determine personalized
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`content. Demographics may include, and are not limited to, group affiliations, regional location,
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`sex, sexual preference, age, family situation (married or single, children or no children), race or
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`ethnic background, religion and socio-economic condition. The user's demographics may be
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`used alone, or in combination with the previously discussed techniques, to create the individual
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`internal narrative perception identification framework.
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`[0017] One advantage of an embodiment of the method, system and software presented
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`herein is that the user is presented with an enhanced experience of the creator's content that
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`creates a greater emotional experience for the user and a more impactful narrative. This creates a
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`more receptive state for product placed advertising inserted into the content, for a direct
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`advertisement, or for entertainment containing an advertising message. Another advantage of the
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`method, system and software presented herein is that it allows advertising to be inserted in subtle
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`ways and presented in a context in which users may be able to fully engulf themselves into the
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`lifestyle being positioned and portrayed by the brand. By combining the personalized digital
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`media narrative asset elements with product placement advertising, a more powerful media is
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`created for the advertisers and the artists. Additionally, since users typically volunteer to see the
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`content, including advertising, they are much more likely to be receptive to the message
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`presented, and less likely to skip over or fast-forward through the content including the
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`advertising.
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`[0018] In an alternate embodiment, users are presented with questions or chat like text
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`based opportunities within a narrative to either share the emotional experience with other users or
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`to comment on their own emotional experience. This enables a user to share an experience with
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`friends or acquaintances or allows a user to "sit back and relax" while someone else controls the
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`enhanced experience. In this embodiment, the personalized content is based on the learned social
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`dynamics of the user.
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`[0019] Another embodiment includes a developer toolkit that allows a creative director
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`to create trigger points in the material where digital assets such as overlay graphics, backgrounds,
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`icons, text, sound, ancUor product placement images can be inserted into the digital media
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`narrative. The developer toolkit allows the creative director to create a map of the elements of
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`the user's profile and his or her internal narrative perception identification framework topology
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`to digital assets that may be created. The developer toolkit also provides for the ability to insert
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`interactive material such as questions or interactive graphics, allowing for the updating and
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`enhancements of the user profilehased on the user's interactions. The toolkit further permits the
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`creative director to create and link the digital assets to the material such that assets for which the
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`user has a high degree of affinity or assets having a highest probability for matching a user's
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`internal narrative perception identification framework topology can be selected at the trigger
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`point.
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`[0020] One advantage of an embodiment of the method, system and software presented
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`herein is that they may enable a central server or service to compile a user's internal narrative
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`perception identification framework and to store the internal narrative perception identification
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`framework as an internal narrative perception identification framework profile and allow this
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`profile to track or follow the user as he or she peruses multiple digital media narratives. This
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`enables the user to receive enhanced digital media assets and various narrative experiences and
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`allows the service to be sold to advertisers that advertise on any web site or broadband IF-based
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`distribution point.
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`[0021] These and other features and objects of the invention will be more fully
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`understood from the following detailed description of the embodiments which should be read in
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`light of the accompanying drawings.
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`[0022] In this respect, before explaining at least one embodiment of the invention in
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`detail, it is to be understood that the invention is not limited in its application to the details of
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`construction and to the arrangements of the components set forth in the description or illustrated
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`in the drawings. The invention is capable of other embodiments and of being practiced and
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`carried out in various ways. Also, it is to be understood that the phraseology and terminology
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`employed herein, as well as the abstract, are for the purpose of description and should not be
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`regarded as limiting.
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`[0023] As such, those skilled in the art will appreciate that the concepts upon which this
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`disclosure is based may readily be used as a basis for designing other structures, methods, and
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`systems for carrying out the several purposes of the present invention. It is important, therefore,
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`that the claims be regarded as including such equivalent constructions insofar as they do not
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`depart from the spirit and scope of the present invention.
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`BRIEF DESCRIPTION OF THE DRAWINGS
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`[0024] The accompanying drawings, which are incorporated in and form a part of the
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`specification, illustrate embodiments of the present invention and, together with the description
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`serve to explain the principles of the invention.
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`[0025] FIG. 1 illustrates a user-relationship diagram for an embodiment of the system;
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`[0026] FIG. 2 illustrates the representative components of a digital media narrative and
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`the digital media assets;
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`[0027] FIG. 3 illustrates the creation of a personalized digital media narrative;
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`[0028] FIG. 4 illustrates the use of interactivity to create an enhanced user profile and
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`an enhanced experience through a personalized digital media asset;
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`[0029] FIG. 5A illustrates a context diagram for digital media narrative asset
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`personalization;
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`[0030] FIG. 5B illustrates potential databases that may be used in creation of the
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`personalized digital media asset and the relationships between those databases;
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`[0031] FIG. 6 illustrates exemplary relationships between the social, emotional, and
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`cognitive affinity elements;
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`[0032] FIG. 7 illustrates exemplary components of the cognitive element;
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`[0033] FIG. 8 illustrates exemplary components of the social element;
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`[0034] FIG. 9 illustrates exemplary components of affinity;
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`[0035] FIG. 10 illustrates a flowchart for the development of the components for a
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`personalized digital media narrative;
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`[0036] FIG. 11 illustrates data structures for a relational database for linking
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`components of a personalized digital media asset with affinities;
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`[0037] FIG. 12 illustrates an object oriented approach for linking components of a
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`personalized digital media asset with affinities;
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`[0038] FIG. 13 illustrates a computer on which the invention can be built;
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`[0039] FIG. 14 illustrates the construction of an Interactive Musical Intersode (IMI);
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`[0040] FIG. 15 illustrates a registration screen for an EMI;
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`[0041] FIG. 16 illustrates a screen representing a personalized background in an IMI;
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`[0042] FIG. 17 illustrates a screen with personalized content in digital video form;
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`[0043] FIG. 18 illustrates a screen posing a question related to an IMI to a user;
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`[0044] FIG. 19 illustrates a screen posing a multiple choice question related to an WI to
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`a user;
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`a user;
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`[0045] FIG. 20 illustrates an alternative screen for posing a question related to an IMI to
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`[0046] FIG. 21 illustrates a screen havin