Obviousness

The current task is to analyze the obviousness of US patent 10628835 under 35 U.S.C. § 103, identifying combinations of prior art references that would render the claims obvious, and explaining the motivation for a person having ordinary skill in the art (PHOSITA) to combine them. The date of analysis is April 26, 2026.

According to 35 U.S.C. § 103, a patent may not be obtained "if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains". A reference qualifies as prior art only when it is analogous to the claimed invention. The effective filing date for US10628835 is October 11, 2011.

The provided patent text for US10628835 lists a number of prior art citations. For an obviousness rejection, it's necessary to show that a PHOSITA would have been motivated to combine prior art references to arrive at the claimed invention, and that there would have been a reasonable expectation of success.

Here's an analysis of potential obviousness combinations based on the independent claims and cited prior art:

Independent Claim 1:

Claim 1 describes a method for remote acquisition and delivery of goods comprising:

1. Locating a plurality of agents with mobile agent systems (digital image capture device and communication device).
2. Receiving an acquisition request from a customer, including product data.
3. Contacting an agent for a location with the goods.
4. Electronically transmitting real-time images of a particular product from the agent's device to the customer for inspection and approval.
5. Acquiring the particular product via the agent.
6. Providing for delivery of the particular product.

Potential Combination: US20080086386A1 (Bell) in view of other cited references.

• US20080086386A1 (Bell): This patent application, titled "Conducting Remote Shopping Events," describes a system where a customer can conduct a remote shopping event through a shopping agent. The agent uses a portable communication device (e.g., a camera-equipped smartphone) to communicate with the remote customer, allowing the customer to view items and provide instructions. The system enables the agent to acquire goods and deliver them.

  • Bell discloses the core concept of a remote shopping agent, utilizing a communication device and a camera for real-time interaction, acquisition, and delivery of goods. This directly addresses steps 1, 3, 4, 5, and 6 of Claim 1. The "real-time view of the selected location as seen by the delivery agent" is explicitly mentioned in US10628835, which is a key element of Bell's disclosure. The prompt does not give access to the full content of the prior art, only the snippet.

• Motivation to Combine/Modify Bell:

  • Receiving product data from the first customer regarding at least one of the one or more goods (Claim 1, step 2): Many of the cited references describe methods for customers to specify desired products. For example, US20050015311A1 (Frantz) discusses a "system and method for aggregate online ordering using barcode scanners," where a customer could provide product information via scanning. US20070208629A1 (Jung) describes "Shopping using exemplars." It would be obvious to a PHOSITA to incorporate a mechanism for a customer to provide product data (e.g., through text input, image upload, or barcode scan) into Bell's remote shopping system to allow the agent to know what product to look for, enhancing the efficiency and accuracy of the remote shopping experience.
  • "obtaining an image of a particular product... and sending the image for the first customer to inspect and approve the purchase of the particular product exactly shown in the image": While Bell mentions the agent using a camera, the explicit focus on the customer inspecting and approving the exact product shown in the image could be strengthened by combining it with teachings from other references that emphasize product inspection or detailed information transfer. For example, US6070149A (Activepoint Ltd.) discloses "Virtual sales personnel" which would involve showing detailed product information. US20070088617A1 (Yang) describes an "interactive real-person audio-visual on-line shop," which implies detailed visual inspection. A PHOSITA would be motivated to ensure clear visual approval of the exact item for customer satisfaction and to prevent disputes, especially for items where quality or specific characteristics are important (as highlighted in the background of US10628835).

Independent Claim 24:

Claim 24 is similar to Claim 1 but omits the explicit requirement for the customer to provide "product data" with the initial request.

Potential Combination: US20080086386A1 (Bell) in view of other cited references.

• US20080086386A1 (Bell): As discussed for Claim 1, Bell discloses the fundamental elements of a remote shopping system, including agents with mobile systems (digital image capture and communication devices), contacting an agent for goods, electronically transmitting real-time information/images for customer approval, acquiring the product, and delivering it.
• Motivation to Combine/Modify Bell:
  • The core elements are present in Bell. The absence of explicit "product data" with the initial request in Claim 24 makes Bell an even stronger primary reference, as a customer could simply request a type of good and then rely on the agent's real-time transmission for identification and selection. A PHOSITA would understand that a customer might not always have specific product data readily available at the time of the initial request, and a system allowing for agent-led identification and customer approval based on real-time images would be a logical and desirable feature.

Independent Claim 26:

Claim 26 introduces the global positioning system (GPS) and the step of sending location information of agents to the customer.

Claim 26 describes a method for remote acquisition and delivery of goods comprising:

1. Locating a plurality of agents with mobile agent systems (digital image capture device, GPS, and communication device).
2. Sending to a first customer, information on at least one of the plurality of agents, including location information based on signals from the global positioning system.
3. Receiving a first acquisition request from a first customer for a first set of one or more goods.
4. Contacting one of the plurality of agents for a location having the first set of one or more goods.
5. Electronically transmitting, in real-time, information on the first set of one or more goods to the first customer using the digital image capture device of the agent, including obtaining an image of a particular product of the first set of the one or more goods and sending the image for the first customer to inspect and approve the purchase of the particular product exactly shown in the image.
6. Acquiring the particular product via the agent.
7. Providing for delivery of the particular product to a delivery site.

Potential Combination: US20080086386A1 (Bell) in view of US20060111955A1 (Agilis Systems) and other references.

• US20080086386A1 (Bell): Again, Bell provides the foundation for remote shopping with agent interaction, real-time imaging, acquisition, and delivery.
• US20060111955A1 (Agilis Systems): This patent application is titled "System and method for mobile resource management with customer confirmation." It explicitly discusses using GPS for mobile resource management and "customer confirmation," implying the sharing of location information.
  • Agilis Systems directly teaches the use of GPS in mobile systems and sending location information to customers.
• Motivation to Combine Bell and Agilis Systems: A PHOSITA would be strongly motivated to combine the remote shopping capabilities of Bell with the location-based services of Agilis Systems. Providing customers with real-time location information of available agents (using GPS) would significantly enhance the user experience by offering transparency, allowing customers to choose agents based on proximity, and setting realistic expectations for delivery times. This combination would lead to increased efficiency in agent dispatch and customer satisfaction, which are desirable goals in any delivery service. The background of US10628835 itself highlights the importance of optimizing efficiencies and calculating the most efficient use of delivery agents based on location, which further supports this motivation.
• Motivation to Include "inspect and approve the purchase of the particular product exactly shown in the image": As discussed for Claim 1, incorporating a mechanism for clear visual approval from Bell (or enhanced by other references like Yang or Activepoint) into a system that also provides agent location information via GPS would be a natural progression for a PHOSITA aiming to create a comprehensive and trustworthy remote shopping and delivery service.

Additional Considerations for Obviousness:

• Common sense and ordinary skill: Many of the individual components (digital cameras, communication devices, GPS, printers) were well-known in the art at the time of the patent's effective filing date (October 11, 2011). The integration of these components into a mobile agent system for remote shopping and delivery, especially with real-time visual interaction, would likely be considered within the grasp of a PHOSITA.
• Predictable results: The combination of these known elements to provide real-time visual interaction, agent tracking, and remote purchasing would yield predictable results in terms of improved customer experience, efficiency, and trust in the remote acquisition process.
• Market demand: The background of US10628835 explicitly states the problems with existing internet shopping (lack of real-time feedback, wrong product delivery, inefficiencies) and the "need in the art for a remote acquisition and delivery system which provides a customer with detailed information needed to make an informed purchase or acquisition, and which provides rapid delivery of the goods." This acknowledged need would serve as a strong motivation for a PHOSITA to combine existing technologies to address these issues.

In conclusion, the independent claims of US10628835 appear to be vulnerable to obviousness challenges, particularly when considering the teachings of US20080086386A1 (Bell) in combination with other cited prior art such as US20060111955A1 (Agilis Systems) for GPS capabilities and references describing methods for providing product data or detailed visual inspection. A PHOSITA, motivated by the recognized problems in remote shopping, would find it obvious to combine these elements to create a more interactive, efficient, and reliable remote acquisition and delivery system.