T 2023/19 03-05-2023
Download and more information:
Methods and apparatus for associating media devices with a demographic composition of a geographic area
Amendments - added subject-matter
Amendments - main request and first and second auxiliary requests (yes)
Amendment after summons - taken into account (no)
Amendment after summons - no exceptional circumstances and prima facie giving rise to new issues
I. The appeal is against the decision of the examining division refusing the European patent application No. 09 015 497 on the grounds that both the main request and the auxiliary request then on file contained subject-matter extending beyond the content of the application as originally filed (Article 123(2) EPC) and lacking an inventive step (Articles 52(1) and 56 EPC).
II. In preparation for oral proceedings, the board issued a communication under Article 15(1) RPBA and raised added subject-matter and lack of inventive step objections against the pending requests of the appellant.
III. At the end of the oral proceedings before the board, the appellant requested that the decision under appeal be set aside and that a patent be granted according to the main request or one of first to fourth auxiliary requests. The main request, and the first and second auxiliary requests were filed with the statement of the grounds of appeal, while the third and fourth auxiliary requests were filed with the appellant's letter dated 3 April 2023.
IV. Claim 1 of the main request is worded as follows:
A method of associating media devices with a demographic composition of a geographic area, the method comprising:
receiving a plurality of Internet Protocol addresses assigned to a media device associated with a panel member;
determining, by executing an instruction with a processor, a most used Internet Protocol address from the plurality of Internet Protocol addresses assigned to the media device based on monitoring bandwidth consumption associated with the plurality of Internet Protocol addresses, the most used Internet Protocol address including a first prefix and a second prefix, the second prefix including the first prefix;
accessing, by executing an instruction with the processor, geographic information and determining a first geographic location corresponding to the most used Internet Protocol address by:
matching the first prefix of the most used Internet Protocol address to a first range of Internet Protocol address prefixes;
identifying a first geographic region based on the first range of Internet Protocol address prefixes;
matching the second prefix of the most used Internet Protocol address to a second range of Internet Protocol address prefixes; and
identifying a second geographic region based on the second range of Internet Protocol address prefixes, the second geographic region within the first geographic region, the first geographic location within the second geographic region;
in response to determining that the first geographic location corresponds to a location of an internet service provider, associating, by executing an instruction with the processor, a geographic area with the media device, a size of the geographic area corresponding to an average distance between the first geographic location and respective locations of a plurality of media devices, the geographic area within the second geographic region;
accessing, by executing an instruction with the processor, demographic information and determining a demographic profile associated with the geographic area; and
associating the demographic profile with the media device.
V. Claim 1 of the first auxiliary request is worded as follows (differences with claim 1 of the main request underlined and struck through):
A method of associating media devices with a demographic composition of a geographic area, the method comprising:
receiving a plurality of Internet Protocol addresses assigned to [deleted: a] the media devices associated with a panel member;
for each of the plurality of Internet Protocol addresses, storing Internet Protocol address information including media device IDs, an Internet Protocol address, a start time, a stop time and a bandwidth utilization during the time between the start time and the stop time;
processing, by executing an instruction with a processor, for a media device all of the stored Internet Protocol address information including the Internet Protocol addresses corresponding to the media device ID,
if the stored Internet Protocol address information includes a plurality of Internet Protocol addresses assigned to the media device, determining, by executing an instruction with a processor, a most used Internet Protocol address from the plurality of Internet Protocol addresses assigned to the media device [deleted: based on monitoring bandwidth consumption associated with] by calculating at least one of 1) which of the plurality of Internet Protocol addresses was assigned to the media device for the longest time period, 2) which of the plurality of Internet Protocol addresses was used to access the Internet for the longest time, or 3) for which of the plurality of Internet Protocol addresses the media device utilized the most bandwidth the most used Internet Protocol address including a first prefix and a second prefix[deleted: , the second prefix including the first prefix];
accessing, ...[the remaining of the claim is the same as claim 1 of the main request].
VI. Claim 1 of the second auxiliary request is worded as follows (differences with claim 1 of the first auxiliary request underlined and struck through):
A method of associating media devices with a demographic composition of a geographic area, the method comprising:
...[the first part of the claim is the same as claim 1 of the first auxiliary request with the addition that a "metering component" is used for storing Protocol address information for each of the plurality of Internet Protocol addresses],
...including a first prefix and a second prefix;
in the case of determining that the first geographic location does not correspond to a location of an internet service provider, accessing, by executing an instruction with the processor, geographic information and determining a first geographic location corresponding to the most used Internet Protocol address by:
matching the first prefix of the most used Internet Protocol address to a first range of Internet Protocol address prefixes;
identifying a first geographic region based on the first range of Internet Protocol address prefixes;
matching the second prefix of the most used Internet Protocol address to a second range of Internet Protocol address prefixes; and
identifying a second geographic region based on the second range of Internet Protocol address prefixes, the second geographic region within the first geographic region, the first geographic location within the second geographic region;
accessing, by executing an instruction with the processor, demographic information and determining a demographic profile associated with the second geographic region; and
associating the demographic profile with the media device; and
in the case of [deleted: in response to] determining that the first geographic location corresponds to a location of an internet service provider, associating by executing an instruction with the processor, a geographic area with the media device, a size of the geographic area corresponding to an average distance between the first geographic location and respective locations of a plurality of media devices, the geographic area within the second geographic region;
accessing, by executing an instruction with the processor, demographic information and determining a demographic profile associated with the geographic area; and
associating the demographic profile with the media device.
VII. Claim 1 of the third auxiliary request has the following wording:
A method of associating media devices with a demographic composition of a geographic area, the method comprising:
providing a metering component to a media device via a first network communication;
receiving, via a second network communication from the metering component, a plurality of Internet Protocol addresses assigned to the media device and corresponding times during which respective ones of the plurality of Internet Protocol addresses were assigned to the media device, the media device associated with a panel member;
discarding ones of the plurality of Internet Protocol addresses for which the corresponding times are not associated with a time period;
calculating, based on the corresponding times, bandwidth usages corresponding to remaining ones of the plurality of Internet Protocol addresses, the calculating including:
determining a first amount of bandwidth usage of a first one of the remaining ones of the plurality of Internet Protocol addresses assigned to the media device, the first one of the remaining ones of the plurality of Internet Protocol addresses associated with first latitude-longitude coordinates; and
determining a second amount of bandwidth usage of a second one of the remaining ones of the plurality of Internet Protocol addresses assigned to the media device, the second one of the remaining ones of the plurality of Internet Protocol address associated with second latitude-longitude coordinates;
determining, by executing an instruction with a processor, a most used Internet Protocol address associated with the time period, the most used Internet Protocol address determined from the remaining ones of the plurality of Internet Protocol addresses assigned to the media device based on the calculated bandwidth usages associated with the remaining ones of the plurality of Internet Protocol addresses, the most used Internet Protocol address including a first prefix and a second prefix, the second prefix including the first prefix;
accessing, by executing an instruction with the processor, geographic information and determining a first geographic location corresponding to one of the first latitude-longitude coordinates or the second latitude-longitude coordinates associated with the most used Internet Protocol address by:
matching the first prefix of the most used Internet Protocol address to a first range of Internet Protocol address prefixes;
identifying a first geographic region based on the first range of Internet Protocol address prefixes;
matching the second prefix of the most used Internet Protocol address to a second range of Internet Protocol address prefixes; and
identifying a second geographic region based on the second range of Internet Protocol address prefixes, the second geographic region within the first geographic region, the first geographic location within the second geographic region;
in response to determining that the first geographic location corresponds to a location of an internet service provider, associating, by executing an instruction with the processor, a geographic area with the media device, a size of the geographic area corresponding to an average distance between the first geographic location and respective locations of a plurality of media devices, the geographic area within the second geographic region;
accessing, by executing an instruction with the processor, demographic information and determining a demographic profile associated with the geographic area; and
associating the demographic profile with the media device by linking a reference code corresponding to the demographic information to an electronic record including the media device.
VIII. Claim 1 of the fourth auxiliary request has the same wording as claim 1 of the third auxiliary request with the additional specification that the metering component is provided as software and that it is installed within a hardware component.
1. The claimed invention
The claimed invention relates to assigning automatically a demographic profile to a user.
1.1 In the context of targeted advertising, a demographic profile of each user needs to be generated in order to select the suitable advertising content. This profile usually comprises information such as age, gender, family situation, education (level), income (level), etc. As a user acts online, such information may be collected by the websites they visit or may be actively requested from the user. In general, it is difficult to compile all the collected information from different websites in order to generate a profile for a specific user. Moreover, users are usually reluctant to provide any personal information online.
1.2 The present invention uses the user's IP (Internet Protocol) address to determine the geographic location of the user's residence. Subsequently, using existing collections of demographic profiles generated for the residents of specific locations, assigns the corresponding profile to the user.
1.3 Usually, users use their device (e.g. mobile phone) to connect to the Internet. They can do that from various locations such as their residence, their workplace, a public access point, etc. In each of those locations the user device is assigned a different IP address. The invention logs the IP addresses which a user device uses to access the Internet, and determines which one of those IP addresses corresponds to the residence of the user. The determination can be based on different criteria, such as the time an IP address is used to access the Internet, or the bandwidth consumption, i.e. the geographic location of the user's residence is taken to correspond to the IP address from which the user was connected to the Internet for the longest time period or with which they consumed the most bandwidth.
2. Main request, added subject-matter
2.1 Claim of the main request comprises the following features:
(a) "the second prefix [of the most used Internet Protocol address] including the first prefix"
(b) "a size of the geographic area corresponding to an average distance between the first geographic location and respective locations of a plurality of media devices"
(c) "the geographic area within the second geographic region".
In the board's opinion these features do not have basis in the application as originally filed.
2.2 Feature (a) refers to the most used Internet Protocol (IP) address of the device. It is commonly known that IP addresses have the form "NNN.NNN.NNN.NNN", whereby "N" is a digit. The application refers to each part of the IP address as "prefix". Hence, the first prefix refers to the first three digits before the first dot and the second prefix to the three digits between the the first and second dots. Taking as an example the IP address mentioned in the application (see first line of page 26 of the originally filed description), in the IP address 216.146.64.2, "216" is the first prefix and "146" is the second prefix. Thus, in the board's view, the passage on page 25, last line to page 26, line 5 does not disclose a second prefix including a first prefix, but rather that the first and second prefixes are separate part of an IP address.
2.2.1 Feature (a) was objected to under Article 123(2) EPC already by the examining division (see also point 1.1.3 of the Grounds for the decision under appeal). The appellant acknowledged that there was no explicit disclosure in the originally filed application of the second prefix including the first prefix, but argued essentially that the skilled person would know how IP addresses function and would directly and unambiguously derive feature (a) using only common general knowledge.
According to the application and the appellant's arguments, the first prefix (e.g. 216) corresponds to a first geographical region (e.g. a country). After this first geographical region is identified, the second prefix (e.g. 146) is used to define a second geographic region within the first geographic region (see also page 25, line 29 to page 26, line 5 of the originally filed description). In other words, since the second geographical region is within the first geographical region, it is to be understood that it corresponds to the combined prefixes (216.146) and not only to the second prefix alone. When the second prefix is then matched to a geographic location, the first prefix is also (to be) taken into account. The appellant argued that this belonged to common general knowledge and did not have to be explicitly disclosed in the application.
2.2.2 The board is not convinced by this argument.
As a first point, the use of the term "prefix" in the present context does not correspond to the normal, established used of this term in the technical field of Internet communication. For the sake of discussion, the board accepts that the skilled person could deduce the meaning of the term "prefix" from the application.
Secondly, the board is not convinced that IP addresses function the way the appellant described. Although it is commonly known that by taking more "prefixes" into account, a more precise localisation can be identified, the geographical region corresponding to NNN.NNN is not always within the geographical region corresponding to NNN. Taking the IP address mentioned in the application as an example (216.146.64.2), it can be easily verified that although IP addresses starting with 216 mostly correspond to locations in the USA (the specific example corresponds to a location in the Chicago area), addresses with 216.155 may correspond also to Chile (e.g. 216.155.64.2 in the region of Los Rios) and with 216.180 to Canada (216.180.64.2 in the area of Vancouver). It is thus not necessary that the second prefix always specifies a geographic within the geographic region corresponding to the first prefix.
Hence, feature (a) has to be read rather as a specific condition/constraint for the most used IP address and as such it cannot be considered as derivable from the application on the basis of common general knowledge.
The board's conclusion is therefore that feature (a) constitutes added-subject matter.
2.2.3 Regarding feature (b), the board notes that in the application as originally filed it is specified that the data specifying the average distance between media device users and the service provider location (the first geographic location of the claim) are provided by the internet service providers (see page 27, lines 1 to 4 of the originally filed description).
In claim 1 of the main request, however, the specification that the data are provided by the Internet service provider is missing, leaving it open as to how these data can be obtained/calculated. The board considers this omission to constitute an intermediate generalisation which has no basis in the originally filed application.
The appellant did not provide any arguments on this point.
2.2.4 As to feature (c), again there is no disclosure in the application as originally filed that the geographic area corresponding to the average distance between the media devices and the first geographic location (i.e. the location of the service provider) is necessarily within the second geographical region (identified by the second prefix).
The appellant did not comment on that point, either.
2.3 The board's conclusion is, thus, that claim 1 of the main request contains subject-matter extending beyond the content of the originally filed application, contrary to the requirements of Article 123(2) EPC and the main request is therefore not allowable.
3. First and second auxiliary requests, added subject-matter
Claim 1 of the first and second auxiliary requests comprises features (b) and (c).
The appellant did not comment on these requests during the oral proceedings and referred to its arguments provided in writing.
The board's conclusion is thus that the first and second auxiliary requests are not allowable for the same reasons as the main request.
4. Third and fourth auxiliary requests, admittance
4.1 These requests were filed with the appellant's letter dated 3 April 2023, i.e. after the board had issued summons to oral proceedings and separately a communication under Article 15(1) RPBA with the board's preliminary opinion. The third and fourth auxiliary request thus constitute an amendment to the appellant's appeal case, and its admittance into the proceedings is governed by Article 13 RPBA 2020.
4.2 According Article 13(2) RPBA 2020, amendments filed after summons to oral proceedings have been issued are to be taken into account only when the appellant provides cogent reasons justifying the existence of exceptional circumstances.
The appellant did not provide any such reasons and the board does not see any exceptional circumstances that could justify the admission of the third and fourth auxiliary requests into the proceedings.
4.3 The Board also refers to the criteria for admission of amendments to a party's case under Article 13(1) RPBA 2020 and observes that claim 1 of each of the third and fourth auxiliary requests comprises features (a), (b) and (c) and thus does not overcome the issues raised by the board against the main request. Moreover, the amendments give prima facie rise to new issues.
4.3.1 According to claim 1 of both requests, once the IP addresses not associated with the specific time period are discarded, a plurality of IP addresses remains from which the most used one is to be identified (the "remaining IP addresses"). The criterion of most used bandwidth is used.
A first amount of used bandwidth is determined for a first one of those remaining IP addresses and first latitude-longitude coordinates corresponding to this IP address are associated to it. A second amount of used bandwidth is determined for a second one of those remaining IP addresses and a corresponding second latitude-longitude coordinates are associated to it. Then the amount of used bandwidth is calculated for all the remaining IP addresses.
According to claim 1, the most used IP address (including first and second prefixes) is determined from said remaining ones of the plurality of IP addresses assigned to the media device. According to the wording of claim 1, a first geographic location is "corresponding" to one of the first or second latitude-longitude coordinates and is "associated with" the most used IP address. Hence, in the end, the most used IP address is determined to be one of the first or second one of the remaining IP addresses.
4.3.2 In the board's view it is not clear for the skilled person, how the first and second IP addresses are selected from the plurality of the remaining IP addresses. Neither is it clear how the skilled person knows that the most used IP address is one of those two and why is the bandwidth usage of all the remaining IP address calculated if it is determined from the beginning that the the most used IP address is the first or the second one. Claim 1 of the third and fourth auxiliary requests is found thus to lack clarity within the meaning of Article 84 EPC.
4.3.3 In addition, the steps described above are not disclosed in the originally filed application and the skilled person is not in a position to derive them directly and unambiguously from the content of the application as originally filed. Claim 1 of the third and fourth auxiliary request contains, thus, added subject-matter.
4.3.4 The appellant did not wish to comment during the oral proceedings on the admittance of the third and fourth auxiliary requests.
4.4 In view of the above considerations the board decides not to admit the third and fourth auxiliary requests into the appeal proceedings.
5. Since none of the main, first and second auxiliary requests is allowable and the third and fourth auxiliary requests are not admitted, the appeal cannot succeed.
Order
For these reasons it is decided that:
The appeal is dismissed.