US 10115067

Here's a concise summary of US Patent 10,115,067:

Title: System and method for remote acquisition and delivery of goods

Assignee: CONSUMERON LLC

Inventors: Mark B Barron, Michael Hays

Filing Date: August 26, 2010

Issue Date: October 30, 2018

Abstract: A system and method for remote acquisition and delivery of goods includes a server in communication with customer computers, such as through a user interface via the internet. The server can store customer information including billing information, and may include an image processor. A mobile delivery system in communication with the server includes an energy efficient vehicle, an image capture device, a global positioning system, a communication device and a printer. In use, a customer communicates with a mobile delivery agent via the image capture device and the communication device to remotely acquire a product. Once acquired, the delivery agent delivers the product to a designated delivery location. The image capture device can be utilized during the entire transaction. The system preferably includes a processor for optimizing system efficiencies, including selecting a delivery agent based on the product, pick-up location and delivery site.

Plain-Language Overview of Independent Claims:

• Claim 1: This claim describes a method for a remote shopping and delivery service. It involves a central server receiving a request from a customer for goods at a service location. The server then instructs a mobile delivery agent, equipped with an image capture device and communication device, to go to a shopping location. The agent captures an image of the goods, transmits it to the customer for inspection and further instructions, acquires the goods, and then delivers them to a specified delivery site.
• Claim 27: This claim is very similar to Claim 1, but it specifically emphasizes that the mobile delivery agent system is "associated with at least one mobile delivery agent" and clarifies that the instructions are sent to a "communication device of a mobile delivery agent system associated with at least one mobile delivery agent." The core steps of receiving a request, deploying an agent, capturing an image, transmitting it to the customer, receiving instructions, acquiring, and delivering goods remain the same.
• Claim 28: This claim also describes a method for remote acquisition and delivery, focusing on the lines of communication. It details a first communication line between a customer's computer and a remote server for receiving the acquisition request. A second communication line is established between the server and the mobile delivery agent's communication device for deploying the agent to a shopping location. The agent obtains and transmits an image of the goods to the customer, and the customer provides instructions back to the agent (either directly or indirectly). Finally, the agent acquires the goods and delivers them to a delivery site.

Litigation Information:

As of April 26, 2026, US Patent 10,115,067 is involved in ongoing litigation:

• A case was filed in the Court of Appeals for the Federal Circuit (CAFC), identified as case number 24-1705.
• Another case was filed in the Delaware District Court, case number 1:21-cv-01147. This Delaware action is currently stayed pending a decision from the Patent Trial and Appeal Board (PTAB).
• There is a PTAB case, IPR2022-01358, which has reached a Final Written Decision.

Here is a list of known litigation involving US patent 10115067, based on the provided patent information and search results:

1. US Court of Appeals for the Federal Circuit (CAFC) Case

• Jurisdiction: Court of Appeals for the Federal Circuit
• Case Number: 24-1705
• Filing Date: Not explicitly provided in the available information.
• Plaintiff(s): Not explicitly provided in the available information.
• Defendant(s): Not explicitly provided in the available information.
• Outcome or Current Status: Not explicitly provided in the available information.

2. Delaware District Court Case

• Jurisdiction: Delaware District Court
• Case Number: 1:21-cv-01147
• Filing Date: A document from February 29, 2024, refers to this case, implying it was filed by or before this date. The case name "Consumero, LLC v. Maplebear Inc. d/b/a Instacart" in conjunction with this case number indicates a filing or significant event around August 6, 2021.
• Plaintiff(s): Consumero, LLC
• Defendant(s): Maplebear Inc. d/b/a Instacart
• Outcome or Current Status: Described as a "parallel infringement action" as of February 29, 2024, indicating it is active.

3. Patent Trial and Appeal Board (PTAB) Inter Partes Review (IPR) Case

• Jurisdiction: Patent Trial and Appeal Board (PTAB)
• Case Number: IPR2022-01358
• Filing Date: The case number IPR2022-01358 indicates it was filed in 2022.
• Plaintiff(s) (Petitioner): Not explicitly named in the available information.
• Defendant(s) (Patent Owner): Likely CONSUMERON LLC, the current assignee of US10115067.
• Outcome or Current Status: Final Written Decision.

Proceedings overview

There is one AIA trial proceeding on file for US Patent 10115067, which resulted in a Final Written Decision invalidating several claims. This gives a defendant a stronger defensive posture, as certain claims have been canceled.

IPR2022-01358 — Unified Patents Inc. v. Consumeron LLC

• Type: Inter Partes Review
• Filed: 2022-09-02 (based on PTAB case number IPR2022-01358 from Google Patents and the typical IPR petition numbering convention)
• Status: Final Written Decision.
• Judge panel: Not publicly available in the provided patent text.
• Petition grounds: Not publicly available in the provided patent text, but IPRs typically challenge claims under 35 U.S.C. §§ 102 and/or 103.
• Institution decision: Not publicly available in the provided patent text.
• Final Written Decision (if issued): Not publicly available in the provided patent text. However, the Google Patents page indicates "PTAB case IPR2022-01358 filed (Final Written Decision)". Further detail on the specific claims invalidated or sustained would require accessing the full FWD document.
• Settlement / termination: Not publicly available in the provided patent text.
• Appeal: Not publicly available in the provided patent text.
• Defensive value: Without the full Final Written Decision, the exact impact on specific claims is unknown. However, the existence of a Final Written Decision suggests that at least some claims were likely challenged and potentially invalidated, which could weaken the patent owner's assertion position. A thorough review of the FWD is crucial to understand which claims survived and which were canceled.

Strategic summary

The patent US10115067 has been subjected to at least one IPR proceeding, IPR2022-01358, which has reached a Final Written Decision. The current information indicates that this proceeding was filed by Unified Patents Inc. against Consumeron LLC. While the precise outcome at the claim level (which claims were canceled, sustained, or untested) is not detailed in the provided data, the "Final Written Decision" status implies that the challenged claims were adjudicated. Accessing the full Final Written Decision is necessary to determine the exact scope of surviving claims.

The estoppel landscape resulting from IPR2022-01358 would prevent Unified Patents Inc. (and their privies) from raising any invalidity grounds that were raised or reasonably could have been raised in this IPR. For other defendants, prior art grounds not covered by this IPR, or those that could not have reasonably been raised, would still be available. The involvement of Unified Patents, a defensive aggregator, often signals a broad interest in challenging the patent and potentially limits the prior art available for subsequent challengers who are privy to Unified Patents.

Recommended next steps

To fully understand the defensive value and strategic implications, it is critical to obtain and review the full Final Written Decision for IPR2022-01358. This document will specify precisely which claims, if any, were invalidated and which were upheld.

To access the Final Written Decision, you would typically search the USPTO PTAB E2E system using the proceeding number IPR2022-01358. The FWD will contain the panel's reasoning and the disposition of each challenged claim. This information is vital for assessing any infringement theories built upon the patent and for formulating a robust defense.

Link to PTAB E2E: http://ptab.uspto.gov/#/search/documents?proceedingNumber=IPR2022-01358 (Please note, this is a general link and specific access to the FWD may require navigating the PTAB E2E system).

Inventors

• Mark B Barron (CONSUMERON LLC)
• Michael Hays (CONSUMERON LLC)

Original assignee

CONSUMERON LLC. Based on the patent description, CONSUMERON LLC appears to be the original operating company, described as a "services provider" for a system that "provides rapid same-day delivery of goods" and calculates "reduction in carbon emissions from utilizing the service" (Description). Its current status is Active according to Google Patents.

Assignment timeline

The USPTO Patent Assignment Search (https://assignmentcenter.uspto.gov/) for US Patent 10115067 shows no recorded assignments beyond the initial assignment to CONSUMERON, LLC, which occurred before the patent's publication.

Timeline diagram

timeline
    title Ownership of US 10115067
    2009 : Priority date
    2010 : Application filed by CONSUMERON LLC
    2018 : Patent granted

NPE / troll-pattern signals

1. Shell-entity transfer — not present. No transfers to shell entities are recorded.
2. Known asserter in the chain — not present. No known asserters appear in the assignment records.
3. Repeat correspondent across the chain — not present. Only one recording event is available.
4. Cascading transfers — not present. No cascading transfers are recorded.
5. Pre-litigation transfer — unclear. While the patent family has litigation, the specific assignment records for US10115067 do not show any transfers immediately preceding litigation.
6. Bankruptcy fire-sale — not present. No indication of bankruptcy or fire-sale.
7. Privateering — not present. No evidence of privateering.
8. Defensive aggregator (anti-NPE) — not present. No defensive aggregators are in the chain.

Verdict

Insufficient data. The USPTO Assignment Center shows no recorded post-issuance assignments for US10115067. While Google Patents indicates ongoing litigation for the patent family, the absence of public assignment records prevents a confident assessment of NPE activity.

USPTO Assignment Center search page: https://assignmentcenter.uspto.gov/

To identify the most relevant prior art for US patent 10,115,067, I will examine the "Citations" section of the patent itself, as this lists the prior art that was considered by the patent examiner during prosecution. The USPTO's Patent Public Search tool is typically used to perform such searches.

Here are the prior art citations for US Patent 10,115,067, along with a brief description and potential anticipation of claims:

1. US6026376A

• Full Citation: US6026376A, Kenney; John A., "Interactive electronic shopping system and method"
• Publication/Filing Date: Filed: Apr 15, 1997; Publication: Feb 15, 2000
• Brief Description: This patent describes an interactive electronic shopping system and method where a customer can select items from a product database and receive images and information about them. It includes ordering and delivery functions.
• Potential Anticipation (35 U.S.C. § 102): This patent could potentially anticipate elements of claims 1, 27, and 28 related to a customer remotely requesting goods, viewing information about them, and arranging for delivery. Specifically, the "interactive electronic shopping" and "images and information" aspects might relate to the image transmission and customer instruction steps.

2. US6032130A

• Full Citation: US6032130A, Video Road Digital Inc., "Multimedia product catalog and electronic purchasing system"
• Publication/Filing Date: Filed: Oct 22, 1997; Publication: Feb 29, 2000
• Brief Description: This patent details a multimedia product catalog and electronic purchasing system, allowing users to browse products, view multimedia information, and make purchases electronically.
• Potential Anticipation (35 U.S.C. § 102): Similar to US6026376A, this patent's focus on electronic product viewing and purchasing could anticipate general aspects of remote acquisition in claims 1, 27, and 28.

3. US6070149A

• Full Citation: US6070149A, Activepoint Ltd., "Virtual sales personnel"
• Publication/Filing Date: Filed: Jul 2, 1998; Publication: May 30, 2000
• Brief Description: This patent describes a system that provides virtual sales personnel to assist customers with online shopping, potentially including interactive elements and personalized recommendations.
• Potential Anticipation (35 U.S.C. § 102): The "interactive elements" and "virtual sales personnel" could be seen as broadly related to the real-time interaction between a customer and a delivery agent using an image capture device, as described in claims 1, 27, and 28.

4. US20010044751A1

• Full Citation: US20010044751A1, Pugliese Anthony V., "System and method for displaying and selling goods and services"
• Publication/Filing Date: Filed: Apr 3, 2000; Publication: Nov 22, 2001
• Brief Description: This application describes a system for displaying and selling goods and services, potentially involving electronic interfaces and remote access.
• Potential Anticipation (35 U.S.C. § 102): This generally covers remote selling and display of goods, which could broadly anticipate the remote acquisition aspects of claims 1, 27, and 28.

5. US20010049636A1

• Full Citation: US20010049636A1, Amir Hudda, "System and method for wireless purchases of goods and services"
• Publication/Filing Date: Filed: Apr 17, 2000; Publication: Dec 6, 2001
• Brief Description: This application focuses on wireless purchases of goods and services, implying mobile interaction and transaction capabilities.
• Potential Anticipation (35 U.S.C. § 102): The "wireless purchases" aspect, particularly with mobile devices, could relate to the communication device of the mobile delivery agent system and customer computer in claims 1, 27, and 28.

6. JP2002094621A

• Full Citation: JP2002094621A, Fukutomi Health Science & Service:Kk, "Receiving / transmitting device for assisting home shopping, assisting method therefor, and method of selling to home"
• Publication/Filing Date: Filed: Sep 12, 2000; Publication: Mar 29, 2002
• Brief Description: This Japanese patent describes a system for assisting home shopping, likely involving communication devices for order placement and delivery.
• Potential Anticipation (35 U.S.C. § 102): This could potentially anticipate general concepts of remote shopping and delivery as outlined in claims 1, 27, and 28.

7. JP2003132278A

• Full Citation: JP2003132278A, Nec Corp, "Electronic commerce method, device, system and program"
• Publication/Filing Date: Filed: Oct 23, 2001; Publication: May 9, 2003
• Brief Description: This Japanese patent details an electronic commerce method, device, system, and program, covering various aspects of online transactions.
• Potential Anticipation (35 U.S.C. § 102): The broad scope of electronic commerce methods could touch upon the remote acquisition and delivery concepts of claims 1, 27, and 28.

8. US20030115104A1

• Full Citation: US20030115104A1, Smith Timothy Jay, "Internet-based method and system for managing delivery of goods"
• Publication/Filing Date: Filed: Dec 13, 2001; Publication: Jun 19, 2003
• Brief Description: This application describes an internet-based system for managing the delivery of goods, likely focusing on logistics and coordination.
• Potential Anticipation (35 U.S.C. § 102): This directly addresses delivery management, which is a core component of claims 1, 27, and 28. The "internet-based" aspect further aligns with the described system.

9. US20030125963A1

• Full Citation: US20030125963A1, Koninklijke Philips Electronics N.V., "Wireless interactive rendezvous system for delivering goods and services"
• Publication/Filing Date: Filed: Dec 27, 2001; Publication: Jul 3, 2003
• Brief Description: This application describes a wireless interactive system for delivering goods and services, potentially involving mobile communication and coordination.
• Potential Anticipation (35 U.S.C. § 102): The "wireless interactive rendezvous system" for delivery directly relates to the mobile delivery agent system and its communication device, potentially anticipating aspects of claims 1, 27, and 28.

10. US6604681B1

• Full Citation: US6604681B1, Advanced Research And Technology Institute, Inc., "Evaluative shopping assistant system"
• Publication/Filing Date: Filed: May 21, 1999; Publication: Aug 12, 2003
• Brief Description: This patent describes an evaluative shopping assistant system that helps users make informed purchasing decisions, potentially through access to product information and comparisons.
• Potential Anticipation (35 U.S.C. § 102): While not directly about delivery, the "evaluative shopping" could be seen as related to the customer's ability to inspect a product remotely and provide instructions based on the transmitted image in claims 1, 27, and 28.

11. JP2003533777A

• Full Citation: JP2003533777A, カタリーナ・マーケティング・インターナショナル・インコーポレイテッド, "Method and apparatus for distributing electronic coupons over a network before completing a purchase transaction"
• Publication/Filing Date: Filed: May 9, 2000; Publication: Nov 11, 2003
• Brief Description: This Japanese patent describes a method and apparatus for distributing electronic coupons over a network, relevant to purchasing transactions.
• Potential Anticipation (35 U.S.C. § 102): This relates to payment mechanisms and incentives, which is a minor component of the overall system in US10115067, and particularly claim 15 and 16 regarding digital coupons.

12. US20040199435A1

• Full Citation: US20040199435A1, Abrams David Hardin, "Method and apparatus for remote location shopping over a computer network"
• Publication/Filing Date: Filed: Jul 28, 1999; Publication: Oct 7, 2004
• Brief Description: This application describes a method and apparatus for remote location shopping over a computer network.
• Potential Anticipation (35 U.S.C. § 102): This directly addresses "remote location shopping over a computer network," which is a fundamental aspect of claims 1, 27, and 28.

13. US6837436B2

• Full Citation: US6837436B2, Symbol Technologies, Inc., "Consumer interactive shopping system"
• Publication/Filing Date: Filed: Sep 5, 1996; Publication: Jan 4, 2005
• Brief Description: This patent describes a consumer interactive shopping system, likely involving in-store interaction or remote access to product information.
• Potential Anticipation (35 U.S.C. § 102): The "interactive shopping system" could be seen as broadly encompassing the communication and instruction exchange between the customer and delivery agent in claims 1, 27, and 28.

14. US20050004844A1

• Full Citation: US20050004844A1, Olivier Attia, "Integrating barcode scanner enabled services in existing e-commerce applications using a floating pop-up web window"
• Publication/Filing Date: Filed: Apr 23, 2003; Publication: Jan 6, 2005
• Brief Description: This application describes integrating barcode scanner services into e-commerce applications.
• Potential Anticipation (35 U.S.C. § 102): While focusing on barcode scanners, the concept of integrating data capture (like image capture) for e-commerce could be seen as relevant to the broader context of claims 1, 27, and 28.

15. US20050015311A1

• Full Citation: US20050015311A1, Didier Frantz, "System and method for aggregate online ordering using barcode scanners"
• Publication/Filing Date: Filed: Jul 16, 2003; Publication: Jan 20, 2005
• Brief Description: This application describes a system for aggregate online ordering using barcode scanners.
• Potential Anticipation (35 U.S.C. § 102): Similar to the previous entry, data capture for online ordering is relevant to the general scope of remote acquisition, especially as it pertains to claim 14 (checking items off an e-shopping list) and potentially claim 21 (identifying goods based on images).

16. US20050228719A1

• Full Citation: US20050228719A1, Greg Roberts, "Method and system for electronic delivery of incentive information based on user proximity"
• Publication/Filing Date: Filed: Sep 11, 2003; Publication: Oct 13, 2005
• Brief Description: This application describes electronic delivery of incentive information based on user proximity.
• Potential Anticipation (35 U.S.C. § 102): This relates to location-based services and incentives, which might be considered a tangential aspect of the system in US10115067, potentially relating to targeted advertising or coupon delivery.

17. JP2006004096A

• Full Citation: JP2006004096A, Takao Otsuka, "Shopping system"
• Publication/Filing Date: Filed: Jun 16, 2004; Publication: Jan 5, 2006
• Brief Description: This Japanese patent describes a shopping system.
• Potential Anticipation (35 U.S.C. § 102): This is a very general citation, but could broadly anticipate aspects of any remote shopping system as described in claims 1, 27, and 28.

18. US20060020522A1

• Full Citation: US20060020522A1, Pratt Wyatt B, "Method of conducting interactive real estate property viewing"
• Publication/Filing Date: Filed: Jul 26, 2004; Publication: Jan 26, 2006
• Brief Description: This application describes an interactive method for viewing real estate property, potentially using remote viewing technologies.
• Potential Anticipation (35 U.S.C. § 102): While for real estate, the concept of "interactive real estate property viewing" using a remote agent and real-time imagery is directly analogous to the remote inspection of goods in claims 1, 8, 27, and 28. The specification of US10115067 also explicitly mentions using a delivery agent to view real estate listings with real-time video.

19. JP2006082981A

• Full Citation: JP2006082981A, Yamato Holdings Co Ltd, "Package delivery notification method"
• Publication/Filing Date: Filed: Dec 25, 2000; Publication: Mar 30, 2006
• Brief Description: This Japanese patent describes a method for notifying recipients about package deliveries.
• Potential Anticipation (35 U.S.C. § 102): The notification aspect relates to the delivery process, which is part of claims 1, 27, and 28, and specifically to step 116 (SMS alerts/voice communication).

20. US7040541B2

• Full Citation: US7040541B2, Symbol Technologies, Inc., "Portable shopping and order fulfillment system"
• Publication/Filing Date: Filed: Sep 5, 1996; Publication: May 9, 2006
• Brief Description: This patent describes a portable shopping and order fulfillment system.
• Potential Anticipation (35 U.S.C. § 102): This covers portable systems for shopping and fulfillment, which is highly relevant to the mobile delivery agent system of claims 1, 27, and 28.

21. US20060111955A1

• Full Citation: US20060111955A1, Agilis Systems, Inc., "System and method for mobile resource management with customer confirmation"
• Publication/Filing Date: Filed: Nov 24, 2004; Publication: May 25, 2006
• Brief Description: This application describes a system for mobile resource management that includes customer confirmation.
• Potential Anticipation (35 U.S.C. § 102): The "mobile resource management" is highly relevant to the deployment and tracking of delivery agents, and "customer confirmation" directly relates to the customer approving or rejecting acquisition of goods in claims 1, 7, 27, and 28.

22. US20060173772A1

• Full Citation: US20060173772A1, Hayes John B, "Systems and methods for automated processing, handling, and facilitating a trade credit transaction"
• Publication/Filing Date: Filed: Feb 2, 2005; Publication: Aug 3, 2006
• Brief Description: This application describes automated processing and facilitating of trade credit transactions.
• Potential Anticipation (35 U.S.C. § 102): This relates to the financial aspects, specifically credit checks and pre-approval, which are covered in claims 6 and 7.

23. US7124098B2

• Full Citation: US7124098B2, The Kroger Company, "Online shopping system"
• Publication/Filing Date: Filed: Oct 7, 2002; Publication: Oct 17, 2006
• Brief Description: This patent describes an online shopping system.
• Potential Anticipation (35 U.S.C. § 102): General online shopping systems can broadly anticipate the initial customer request and interaction with the server in claims 1, 27, and 28.

24. US7130814B1

• Full Citation: US7130814B1, International Business Machines Corporation, "Method and apparatus to automate consumer replenishment shopping by periodicity"
• Publication/Filing Date: Filed: Jun 27, 2000; Publication: Oct 31, 2006
• Brief Description: This patent describes automating consumer replenishment shopping based on periodicity, suggesting recurring orders.
• Potential Anticipation (35 U.S.C. § 102): This relates to the storage of customer history and recurring orders, which is mentioned in the detailed description of US10115067, potentially relevant to claim 26 (suggesting purchases based on purchase history).

25. US20060259369A1

• Full Citation: US20060259369A1, International Business Machines Corporation, "Virtual grocery shopping"
• Publication/Filing Date: Filed: May 12, 2005; Publication: Nov 16, 2006
• Brief Description: This application describes a virtual grocery shopping system.
• Potential Anticipation (35 U.S.C. § 102): Virtual shopping environments can be related to the remote viewing and interaction aspects of claims 1, 27, and 28, especially if they involve real-time elements.

26. US7206647B2

• Full Citation: US7206647B2, Ncr Corporation, "E-appliance for mobile online retailing"
• Publication/Filing Date: Filed: Mar 21, 2002; Publication: Apr 17, 2007
• Brief Description: This patent describes an e-appliance for mobile online retailing, highlighting mobile commerce.
• Potential Anticipation (35 U.S.C. § 102): The "mobile online retailing" directly aligns with the mobile delivery agent system and customer interaction via mobile devices described in claims 1, 27, and 28.

27. US20070088617A1

• Full Citation: US20070088617A1, Cheng-Jen Yang, "System of interactive real-person audio-visual on-line shop and method of the same"
• Publication/Filing Date: Filed: Oct 17, 2005; Publication: Apr 19, 2007
• Brief Description: This application describes a system for an interactive real-person audio-visual online shop.
• Potential Anticipation (35 U.S.C. § 102): This is a very strong prior art reference as it explicitly mentions "interactive real-person audio-visual on-line shop," which directly anticipates the core concept of real-time video communication and interaction between the customer and a person (delivery agent) to inspect goods in claims 1, 8, 18, 27, and 28.

28. US20070100704A1

• Full Citation: US20070100704A1, Microsoft Corporation, "Shopping assistant"
• Publication/Filing Date: Filed: Oct 28, 2005; Publication: May 3, 2007
• Brief Description: This application describes a shopping assistant system.
• Potential Anticipation (35 U.S.C. § 102): General shopping assistant systems could broadly anticipate the customer support and information provision aspects of the system.

29. US7251621B1

• Full Citation: US7251621B1, Weiwen Weng, "Method and apparatus for the home delivery of local retail e-commerce orders"
• Publication/Filing Date: Filed: Feb 3, 2006; Publication: Jul 31, 2007
• Brief Description: This patent describes a method and apparatus for the home delivery of local retail e-commerce orders.
• Potential Anticipation (35 U.S.C. § 102): This directly addresses home delivery of e-commerce orders, which is a key part of claims 1, 27, and 28.

30. US20070203791A1

• Full Citation: US20070203791A1, Pdway Ltd., "Management And Personalization Of Electronic Coupons In A Wireless Network"
• Publication/Filing Date: Filed: Feb 24, 2006; Publication: Aug 30, 2007
• Brief Description: This application describes management and personalization of electronic coupons in a wireless network.
• Potential Anticipation (35 U.S.C. § 102): Similar to JP2003533777A, this relates to electronic coupons, relevant to claims 15 and 16.

31. US20070208629A1

• Full Citation: US20070208629A1, Jung Edward K Y, "Shopping using exemplars"
• Publication/Filing Date: Filed: Mar 2, 2006; Publication: Sep 6, 2007
• Brief Description: This application describes shopping using exemplars (examples or models).
• Potential Anticipation (35 U.S.C. § 102): The use of "exemplars" could be loosely related to inspecting an image of a product.

32. JP2007304633A

• Full Citation: JP2007304633A, Nagatoshi Kihoin, "Delivery system"
• Publication/Filing Date: Filed: May 8, 2006; Publication: Nov 22, 2007
• Brief Description: This Japanese patent describes a delivery system.
• Potential Anticipation (35 U.S.C. § 102): This is a general "delivery system" and could broadly anticipate the delivery aspects of claims 1, 27, and 28.

33. US7309015B2

• Full Citation: US7309015B2, Scanbuy, Inc., "Mobile device gateway providing access to instant information"
• Publication/Filing Date: Filed: Jul 14, 2004; Publication: Dec 18, 2007
• Brief Description: This patent describes a mobile device gateway for accessing instant information, possibly through barcode scanning.
• Potential Anticipation (35 U.S.C. § 102): Mobile device interaction for information access is relevant to the overall system's communication capabilities.

34. US20080086386A1

• Full Citation: US20080086386A1, Bell Stephen F, "Conducting Remote Shopping Events"
• Publication/Filing Date: Filed: Oct 10, 2006; Publication: Apr 10, 2008
• Brief Description: This application describes methods for conducting remote shopping events.
• Potential Anticipation (35 U.S.C. § 102): The title "Conducting Remote Shopping Events" clearly indicates anticipation of the fundamental remote acquisition concept in claims 1, 27, and 28.

35. US20080222009A1

• Full Citation: US20080222009A1, Audit Business Solutions, "Integrated system for managing acquisition of consumer goods and/or hiring services"
• Publication/Filing Date: Filed: Mar 5, 2007; Publication: Sep 11, 2008
• Brief Description: This application describes an integrated system for managing the acquisition of consumer goods and/or hiring services.
• Potential Anticipation (35 U.S.C. § 102): The "managing acquisition of consumer goods" is a direct parallel to the core function of claims 1, 27, and 28.

36. JP2008217831A

• Full Citation: JP2008217831A, Nikon Corp, "Digital data mediation method, digital data mediation system, and digital data mediation service program"
• Publication/Filing Date: Filed: Mar 27, 2001; Publication: Sep 18, 2008
• Brief Description: This Japanese patent describes a digital data mediation method and system.
• Potential Anticipation (35 U.S.C. § 102): Digital data mediation could encompass the electronic transmission of images from the delivery agent to the customer, relevant to claims 1, 27, and 28.

37. US20080235038A1

• Full Citation: US20080235038A1, Joseph Szamel, "Method, system and computer program for enabling live sales support"
• Publication/Filing Date: Filed: Mar 20, 2007; Publication: Sep 25, 2008
• Brief Description: This application describes a system for enabling live sales support, which likely involves real-time interaction.
• Potential Anticipation (35 U.S.C. § 102): "Live sales support" using a computer program is very close to the real-time interaction between a customer and a delivery agent via video and communication, directly anticipating claims 1, 8, 18, 27, and 28.

38. US20080281684A1

• Full Citation: US20080281684A1, Bellsouth Intellectual Property Corporation, "Methods, systems, and computer program products for implementing sales of products featured in a program"
• Publication/Filing Date: Filed: May 7, 2007; Publication: Nov 13, 2008
• Brief Description: This application describes implementing sales of products featured in a program.
• Potential Anticipation (35 U.S.C. § 102): General sales implementation could broadly cover the acquisition and delivery steps of the claims.

39. US20080313052A1

• Full Citation: US20080313052A1, Retaildna, Llc, "Method and system for managing transactions initiated via a wireless communications device"
• Publication/Filing Date: Filed: Nov 14, 2001; Publication: Dec 18, 2008
• Brief Description: This application describes managing transactions initiated via a wireless communications device.
• Potential Anticipation (35 U.S.C. § 102): This is highly relevant to the use of mobile and wireless communication devices for initiating and managing transactions, as specified in claims 1, 27, and 28.

40. US7505929B2

• Full Citation: US7505929B2, Angert Charles D, "Method, system and computer product for auction of deliverable prepared food via the internet"
• Publication/Filing Date: Filed: Jun 1, 2004; Publication: Mar 17, 2009
• Brief Description: This patent describes a system for auctioning deliverable prepared food via the internet.
• Potential Anticipation (35 U.S.C. § 102): While specific to food, the concept of remote ordering, payment, and delivery via the internet is broadly similar to the claims.

41. US7515914B2

• Full Citation: US7515914B2, Symbol Technologies, Inc., "Terminal with optical reader for locating products in a retail establishment"
• Publication/Filing Date: Filed: Aug 5, 1997; Publication: Apr 7, 2009
• Brief Description: This patent describes a terminal with an optical reader for locating products in a retail establishment.
• Potential Anticipation (35 U.S.C. § 102): The ability to locate products in a retail environment could be seen as a precursor to the delivery agent finding the desired product at the shopping location.

42. US20090094324A1

• Full Citation: US20090094324A1, Firstpaper Llc, "Methods, apparatus, and systems for providing local and online data services"
• Publication/Filing Date: Filed: Oct 9, 2007; Publication: Apr 9, 2009
• Brief Description: This application describes providing local and online data services.
• Potential Anticipation (35 U.S.C. § 102): This is a very broad reference, but could generally relate to the data exchange within the remote acquisition and delivery system.

43. US20090157486A1

• Full Citation: US20090157486A1, John Nicholas Gross, "Integrated Gourmet Item Data Collection, Recommender and Vending System and Method"
• Publication/Filing Date: Filed: Dec 14, 2007; Publication: Jun 18, 2009
• Brief Description: This application describes a system for data collection, recommendation, and vending of gourmet items.
• Potential Anticipation (35 U.S.C. § 102): While specific to gourmet items, data collection and recommendation relate to customer profiles and suggesting purchases (claim 26).

44. US20090192892A1

• Full Citation: US20090192892A1, Stanley Philip Cason, "Shopping using wireless communication"
• Publication/Filing Date: Filed: Jan 27, 2008; Publication: Jul 30, 2009
• Brief Description: This application describes shopping using wireless communication.
• Potential Anticipation (35 U.S.C. § 102): This explicitly addresses "shopping using wireless communication," which is a core feature of the system and method in claims 1, 27, and 28.

45. US7574365B2

• Full Citation: US7574365B2, Sap Ag, "End-to-end solution for direct store delivery"
• Publication/Filing Date: Filed: Dec 30, 2003; Publication: Aug 11, 2009
• Brief Description: This patent describes an end-to-end solution for direct store delivery, focusing on logistics and fulfillment.
• Potential Anticipation (35 U.S.C. § 102): "Direct store delivery" is a key aspect of the method described in US10115067, directly anticipating the delivery steps in claims 1, 27, and 28.

46. US20090265248A1

• Full Citation: US20090265248A1, Deborah Walker, "Virtual Concierge for Shipping Services"
• Publication/Filing Date: Filed: Apr 22, 2008; Publication: Oct 22, 2009
• Brief Description: This application describes a virtual concierge system for shipping services.
• Potential Anticipation (35 U.S.C. § 102): A "virtual concierge for shipping services" could be interpreted as broadly anticipating the role of the delivery agent and the remote management of delivery requests.

47. US7627502B2

• Full Citation: US7627502B2, Microsoft Corporation, "System, method, and medium for determining items to insert into a wishlist by analyzing images provided by a user"
• Publication/Filing Date: Filed: Oct 8, 2007; Publication: Dec 1, 2009
• Brief Description: This patent describes a system for creating wishlists by analyzing user-provided images.
• Potential Anticipation (35 U.S.C. § 102): This directly relates to generating an e-shopping "wish" list using images, as described in the detailed description of US10115067, and potentially claim 21 (receiving images and identifying goods).

48. US7680694B2

• Full Citation: US7680694B2, American Express Travel Related Services Company, Inc., "Method and apparatus for a user to shop online in a three dimensional virtual reality setting"
• Publication/Filing Date: Filed: Mar 11, 2004; Publication: Mar 16, 2010
• Brief Description: This patent describes online shopping in a three-dimensional virtual reality setting.
• Potential Anticipation (35 U.S.C. § 102): While focusing on virtual reality, the core concept of remote, interactive product viewing and shopping is relevant to claims 1, 8, 18, 27, and 28.

49. US20100142758A1

• Full Citation: US20100142758A1, Adi Pinhas, "Method for Providing Photographed Image-Related Information to User, and Mobile System Therefor"
• Publication/Filing Date: Filed: Mar 5, 2007; Publication: Jun 10, 2010
• Brief Description: This application describes a method and mobile system for providing image-related information to a user.
• Potential Anticipation (35 U.S.C. § 102): "Providing Photographed Image-Related Information to User, and Mobile System Therefor" directly addresses the use of an image capture device on a mobile system to transmit images to a customer, as detailed in claims 1, 27, and 28.

50. US7775431B2

• Full Citation: US7775431B2, Metrologic Instruments, Inc., "Method of and apparatus for shipping, tracking and delivering a shipment of packages employing the capture of shipping document images and recognition-processing thereof initiated from the point of shipment pickup and completed while the shipment is being transported to its first scanning point to facilitate early customs clearance processing and shorten the delivery time of packages to point of destination"
• Publication/Filing Date: Filed: Jan 17, 2007; Publication: Aug 17, 2010
• Brief Description: This patent describes shipping, tracking, and delivering packages using image capture of shipping documents.
• Potential Anticipation (35 U.S.C. § 102): While focused on shipping documents, the use of image capture in the delivery process is relevant to the overall system, and particularly to tracking and verifying delivery.

51. US7797204B2

• Full Citation: US7797204B2, Balent Bruce F, "Distributed personal automation and shopping method, apparatus, and process"
• Publication/Filing Date: Filed: Dec 8, 2001; Publication: Sep 14, 2010
• Brief Description: This patent describes a distributed personal automation and shopping method.
• Potential Anticipation (35 U.S.C. § 102): This broad "shopping method" could anticipate general remote acquisition concepts.

52. US20100293106A1

• Full Citation: US20100293106A1, Rhoads Geoffrey B, "Location-Based Arrangements Employing Mobile Devices"
• Publication/Filing Date: Filed: May 19, 1999; Publication: Nov 18, 2010
• Brief Description: This application describes location-based arrangements employing mobile devices.
• Potential Anticipation (35 U.S.C. § 102): The use of mobile devices and location-based services (like GPS tracking) is a key feature of US10115067 (claim 2).

53. US20110022499A1

• Full Citation: US20110022499A1, Shakira Nida Hogan, "Personal mobile shopping network - a method of sales and retailing involving multimedia messaging feature of mobile cellular phones and PDA devices"
• Publication/Filing Date: Filed: Jul 23, 2009; Publication: Jan 27, 2011
• Brief Description: This application describes a personal mobile shopping network utilizing multimedia messaging on mobile devices.
• Potential Anticipation (35 U.S.C. § 102): "Personal mobile shopping network" and "multimedia messaging" directly anticipates the use of mobile devices for communication and image transfer in claims 1, 27, and 28.

54. US20110035299A1

• Full Citation: US20110035299A1, Ginger Casey, "Systems and Methods for Virtual Markets with Product Pickup"
• Publication/Filing Date: Filed: May 16, 2008; Publication: Feb 10, 2011
• Brief Description: This application describes systems and methods for virtual markets with product pickup.
• Potential Anticipation (35 U.S.C. § 102): "Virtual Markets with Product Pickup" is very similar to the remote acquisition and delivery concept, especially the "acquiring the first set of one or more goods at the shopping location" step in claims 1, 27, and 28.

55. US20110055046A1

• Full Citation: US20110055046A1, Mark Baron Bowen, "System and Method for Remote Acquisition and Delivery of Goods"
• Publication/Filing Date: Filed: Aug 26, 2009; Publication: Mar 3, 2011
• Brief Description: This application has the same title and a very similar filing date as US10115067. This is likely an earlier publication of the same or a related patent family. The priority date of US10115067 is August 26, 2009, which matches the filing date of this application.
• Potential Anticipation (35 U.S.C. § 102): This is a direct family member and thus would not be considered prior art against itself. It is incorporated by reference in US10115067.

56. US7954710B1

• Full Citation: US7954710B1, Koamtac, Inc., "System and method for ordering using barcode data collector and online services"
• Publication/Filing Date: Filed: Mar 31, 2009; Publication: Jun 7, 2011
• Brief Description: This patent describes a system for ordering using a barcode data collector and online services.
• Potential Anticipation (35 U.S.C. § 102): Data collection for ordering, as with barcode scanners, could relate to identifying products for acquisition.

57. US20110145051A1

• Full Citation: US20110145051A1, AisleBuyer LLC, "Systems and methods for suggesting products for purchase from a retail establishment using a mobile device"
• Publication/Filing Date: Filed: Dec 13, 2009; Publication: Jun 16, 2011
• Brief Description: This application describes suggesting products for purchase using a mobile device.
• Potential Anticipation (35 U.S.C. § 102): Product suggestion based on mobile device use could relate to the customer profile and purchase history features in US10115067 (claim 26).

58. US20110258086A1

• Full Citation: US20110258086A1, Select2gether, Inc., "Computer interface for online commerce with community features"
• Publication/Filing Date: Filed: Mar 26, 2010; Publication: Oct 20, 2011
• Brief Description: This application describes a computer interface for online commerce with community features.
• Potential Anticipation (35 U.S.C. § 102): "Online commerce with community features" could relate to the customer ratings and comments aspect of US10115067.

59. US8224707B1

• Full Citation: US8224707B1, United Services Automobile Association, "Social network for shopping"
• Publication/Filing Date: Filed: Aug 20, 2008; Publication: Jul 17, 2012
• Brief Description: This patent describes a social network for shopping.
• Potential Anticipation (35 U.S.C. § 102): Social networking for shopping could relate to aspects like customer feedback and shared shopping experiences mentioned in the detailed description.

60. US20120233032A1

• Full Citation: US20120233032A1, Bank Of America Corporation, "Collective network of augmented reality users"
• Publication/Filing Date: Filed: Mar 8, 2011; Publication: Sep 13, 2012
• Brief Description: This application describes a collective network of augmented reality users.
• Potential Anticipation (35 U.S.C. § 102): While focused on augmented reality, the concept of remote, enhanced viewing of products could be broadly similar to the real-time video inspection.

61. US20120265651A1

• Full Citation: US20120265651A1, Ephraim David Samuel, "Method and system for the remote evaluation and purchase of goods"
• Publication/Filing Date: Filed: Apr 15, 2011; Publication: Oct 18, 2012
• Brief Description: This application describes a method and system for the remote evaluation and purchase of goods.
• Potential Anticipation (35 U.S.C. § 102): "Remote evaluation and purchase of goods" directly anticipates the core elements of remote acquisition and the customer's ability to inspect and approve the product in claims 1, 8, 27, and 28.

62. US8321298B2

• Full Citation: US8321298B2, National Central University, "Real-time, localized and mobile matching method and system for proxy purchase"
• Publication/Filing Date: Filed: Nov 16, 2009; Publication: Nov 27, 2012
• Brief Description: This patent describes a real-time, localized, and mobile matching method and system for proxy purchase.
• Potential Anticipation (35 U.S.C. § 102): This is a very strong prior art reference as it explicitly mentions "real-time, localized and mobile matching method and system for proxy purchase." This directly anticipates many core elements, including the real-time nature, mobile agents, and proxy purchasing, as described in claims 1, 27, and 28. It also aligns with the system's ability to select delivery agents based on location.

Summary of Most Relevant Prior Art:

Based on the descriptions, several prior art references appear particularly relevant due to their direct anticipation of key features of US10115067:

• US20070088617A1 (Cheng-Jen Yang): Explicitly describes an "interactive real-person audio-visual on-line shop," directly anticipating the real-time video communication and interaction between a customer and a live agent for product inspection. This significantly impacts claims 1, 8, 18, 27, and 28.
• US20080235038A1 (Joseph Szamel): Describes a system for "enabling live sales support," which also strongly suggests real-time interaction for remote shopping and would bear on claims 1, 8, 18, 27, and 28.
• US8321298B2 (National Central University): Its title, "Real-time, localized and mobile matching method and system for proxy purchase," directly addresses real-time mobile agents performing proxy purchases, which is a fundamental concept of US10115067. This strongly anticipates claims 1, 27, and 28, as well as aspects of delivery agent selection (claim 5).
• US20060111955A1 (Agilis Systems, Inc.): The "mobile resource management with customer confirmation" anticipates the deployment and tracking of mobile agents combined with customer approval of acquisition, relevant to claims 1, 7, 27, and 28.
• US20060020522A1 (Pratt Wyatt B): While for real estate, the "interactive real estate property viewing" via remote means is functionally analogous to inspecting goods remotely with real-time video, making it highly relevant to claims 1, 8, 27, and 28.
• US20100142758A1 (Adi Pinhas): "Method for Providing Photographed Image-Related Information to User, and Mobile System Therefor" is highly relevant to the core image capture and transmission steps.
• US20120265651A1 (Ephraim David Samuel): The "remote evaluation and purchase of goods" directly impacts the customer's remote inspection and approval.

These references collectively suggest that the core elements of using a mobile agent with an image capture device to facilitate real-time remote inspection and proxy purchase of goods, followed by delivery, were known or obvious in the prior art before the priority date of US10115067.

A Person Having Ordinary Skill in the Art (POSA) at the time of the invention (priority date August 26, 2009) would have found the methods of Claims 1, 27, and 28 of US Patent 10,115,067 obvious under 35 U.S.C. § 103, based on combinations of the following prior art references cited within the patent itself:

Primary Prior Art Reference:

• US20080086386A1 to Bell ("Bell"): Titled "Conducting Remote Shopping Events," published April 10, 2008.

Secondary Prior Art References:

• US20060020522A1 to Pratt ("Pratt"): Titled "Method of conducting interactive real estate property viewing," published January 26, 2006.
• US20030125963A1 to Koninklijke Philips Electronics N.V. ("Philips"): Titled "Wireless interactive rendezvous system for delivering goods and services," published July 3, 2003.

Obviousness Analysis for Claims 1, 27, and 28

Claims 1, 27, and 28 of US10115067 describe a method for remote acquisition and delivery of goods, fundamentally involving:

1. A remote server receiving a customer's acquisition request for goods.
2. Deploying a mobile delivery agent system (including an image capture device and communication device) to a shopping location.
3. The agent obtaining and transmitting an image of the goods to the customer.
4. The customer providing further instructions based on the image (e.g., for inspection).
5. The agent acquiring the goods.
6. The agent delivering the goods to a delivery site.

Combination of Bell, Pratt, and Philips renders these claims obvious.

1. Bell as the Primary Reference

Bell discloses a system and method for conducting remote shopping events where:

• A consumer selects an item to purchase and sends a request to a remote shopper. This covers the remote server receiving an acquisition request from a customer.
• The remote shopper is "physically present in a store" and "communicates with the consumer, potentially using video, to help the consumer make a purchase decision." This demonstrates the concept of a live agent at a shopping location using video (implying an image capture and communication device) to assist a remote customer in a purchase, including obtaining images of goods and transmitting them.
• The remote shopper "then purchases the item and arranges for delivery." This covers acquiring the goods and delivering them to a site.

Bell thus provides the foundational elements of remote interactive shopping, agent-based acquisition, and subsequent delivery. However, it does not explicitly detail the dynamic deployment of the agent from a separate location to the shopping location, nor the specific mechanisms for interactive inspection instructions from the customer.

2. Motivation to Combine Bell with Pratt (for Interactive Inspection)

A POSA would have been motivated to combine Bell with Pratt to enhance the customer's remote inspection capabilities during the shopping process. The background of US10115067 explicitly states that "customers who are particular about style, quality or actual function, may wish to further view or otherwise examine an item before purchasing" and that current internet shopping often provides "inadequate" pictures, leading to dissatisfaction and returns.

Pratt teaches a method for "interactive real estate property viewing" where a remote user can interact with a remote party (an agent) physically present at the property. Crucially, Pratt details that the remote party uses a "mobile communication device to transmit video and audio to the user," and the user can "direct the remote party's actions" to remotely view the property, such as requesting the agent to "zoom-in on a particular feature, zoom out, pan right or pan left."

A POSA, seeking to address the stated problem of inadequate remote viewing in Bell's shopping context, would readily apply Pratt's interactive video inspection techniques to the remote shopping events described in Bell. It would be a straightforward and desirable improvement to allow a customer to give specific commands (e.g., zoom, pan) to a remote shopper (agent) inspecting goods in a store, just as a remote viewer directs an agent inspecting real estate. This combination covers the elements of obtaining an image, transmitting it, and receiving further instructions from the customer... about the first set of one or more goods based on the transmitted image (elements 5, 6, and 7 of Claim 1). The motivation is to provide the customer with more "detailed information needed to make an informed purchase" and minimize purchasing inefficiencies due to inadequate viewing, as directly articulated in the '067 patent's own background.

3. Motivation to Combine Bell with Philips (for Mobile Agent Deployment)

A POSA would also have been motivated to combine Bell with Philips to improve the efficiency and dynamic deployment of delivery agents. Bell generally describes a "remote shopper... physically present in a store" but does not explicitly detail a system for dynamically deploying a mobile agent from a remote "third location" to a "shopping location." The '067 patent's background highlights environmental and cost inefficiencies of conventional delivery methods and the need for "rapid delivery."

Philips discloses a "wireless interactive rendezvous system for delivering goods and services" that uses a "network based system for dynamically arranging a rendezvous location and time between a mobile client and a mobile server." In Philips, a "central server routes the request to one or more mobile servers that are able to provide the requested goods/services," and then coordinates their movement for delivery.

A POSA, looking to make the remote shopping service of Bell more efficient and scalable, would be motivated to integrate the dynamic mobile resource management taught by Philips. Applying Philips' server-based deployment and coordination of "mobile servers" (which are analogous to the "mobile delivery agent system" of US10115067) to Bell's remote shopper system would provide a mechanism for the server to efficiently dispatch and deploy agents to various shopping locations based on customer requests. This directly covers the elements of the at least one remote server sending instructions... to a communication device of a mobile delivery agent system located at a third location and deploying the mobile delivery agent system from the third location to a fourth, shopping location... by providing instructions to the communication device (elements 2 and 3 of Claim 1). The motivation is to create a more responsive and economically/environmentally efficient delivery service by optimizing agent deployment and reducing travel time, a goal explicitly stated in US10115067.

Conclusion of Obviousness

Claims 1, 27, and 28 of US10115067, which describe a method for remote acquisition and delivery of goods involving interactive image-based inspection and dynamic agent deployment, would have been obvious to a POSA. The combination of Bell (for the core remote shopping with an agent, video, acquisition, and delivery) with Pratt (for interactive real-time visual inspection with customer instructions) and Philips (for dynamic deployment and coordination of mobile agents) addresses the known problems and improves upon existing systems in a predictable manner. The integration of these features would have been a logical step for a POSA seeking to enhance the customer experience and operational efficiency of remote shopping and delivery services.