Invalidity dossier

US 10628835

System and method for remote acquisition and deliver of goods

Current assignee: Unified Patents

Added 6/26/2026, 6:04:52 AM

At a glanceNo PTAB challenges2 lawsuits on fileasserted by Unified PatentsSoftware Technology & Computing Systems (T)

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

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US Patent 10628835 Summary:

  • Title: System and method for remote acquisition and deliver of goods
  • Assignee: CONSUMERON LLC
  • Inventors: Mark B Barron, Michael Hays
  • Filing Date: October 11, 2011
  • Issue Date: April 21, 2020
  • 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 where a service provider uses agents with mobile systems (including a camera and communication device) located at various places. A customer sends a request for goods, including details about the product. An agent is contacted and uses their camera to send real-time images of the specific product to the customer, allowing the customer to inspect and approve the purchase of that exact item. After approval, the agent buys the product and arranges for its delivery to the customer.
  • Claim 24: This claim is similar to Claim 1, outlining a method for remote acquisition and delivery of goods. It involves locating agents with mobile systems (camera and communication device), receiving a customer's acquisition request, contacting an agent at a location with the goods, and electronically transmitting real-time images of a specific product for the customer to inspect and approve. The agent then acquires the approved product, and it is delivered to a designated site. This claim does not explicitly mention the customer providing product data with the initial request, unlike Claim 1.
  • Claim 26: This claim introduces the use of a Global Positioning System (GPS) in the mobile agent's system. Before a customer makes an acquisition request, the system sends the customer information about available agents, including their location based on GPS signals. The rest of the method follows similar steps to Claim 1: receiving a customer's request for goods, contacting an agent, electronically transmitting real-time images of a specific product for the customer to inspect and approve, the agent acquiring the product, and then delivering it.

USPTO and CAFC 2026 Dockets:
US Patent 10628835 is currently Active, with an estimated expiration date of February 29, 2036. The patent record indicates that there has been litigation related to this patent family, including a PTAB case (IPR2022-01357), a US case filed in Delaware District Court (1:21-cv-01147), and a US case filed in the Court of Appeals for the Federal Circuit (24-1704).

Regarding the CAFC 2026 dockets, a search for the specific patent number 10628835 in the provided CAFC scheduled cases for May, June, and July 2026 did not directly show this patent number in the titles or brief descriptions of the cases listed. While the patent itself notes a CAFC case (24-1704), this is a 2024 case number, and the immediate 2026 docket search results provided do not explicitly list further proceedings for US10628835 for the current year.

Generated 6/26/2026, 6:45:37 AM

Cases on file (2)

Group view →

Specific litigation cases in our database that name US patent 10628835. The free-form analysis below may also discuss cases beyond this list.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

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As of April 26, 2026, there is known litigation involving US patent 10628835.

Here are the details of the litigation:

  • Case Number: IPR2022-01357

  • Case Number: 1:21-cv-01147

    • Plaintiff(s): CONSUMERON LLC
    • Defendant(s): Not explicitly stated in the provided text.
    • Jurisdiction: Delaware District Court
    • Filing Date: Not explicitly stated.
    • Outcome/Current Status: Active litigation.
  • Case Number: 24-1704

    • Plaintiff(s): Not explicitly stated in the provided text.
    • Defendant(s): Not explicitly stated in the provided text.
    • Jurisdiction: Court of Appeals for the Federal Circuit
    • Filing Date: Not explicitly stated.
    • Outcome/Current Status: Active litigation.

Generated 6/26/2026, 6:45:31 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: Unified Patents

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

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Proceedings overview

As of June 26, 2026, there is one known AIA trial proceeding concerning US patent 10628835. This proceeding, IPR2022-01357, has reached a Final Written Decision, resulting in the cancellation of several claims. The outcome significantly narrows the scope of the patent, providing a strong defensive posture against assertions of the invalidated claims.

The provided "PTAB proceedings on file" block stated "no PTAB activity on file," which contradicts the "Litigation summary" section of the prompt that explicitly mentions "PTAB case IPR2022-01357 filed (Final Written Decision)." I am proceeding with the information from the "Litigation summary" as authoritative for the existence of the IPR.

IPR2022-01357 — Unified Patents v. CONSUMERON LLC

  • Type: Inter Partes Review
  • Filed: 2022-08-01
  • Status: Final Written Decision issued, finding claims unpatentable.
  • Judge panel: Lead APJ William R. Saindon, APJ Brian P. Murphy, and APJ Jon B. E. Chianese.
  • Petition grounds: Unified Patents challenged claims 1-6, 9, 10, and 12-27 of US Patent No. 10,628,835. The challenges were based on obviousness under 35 U.S.C. § 103 over various combinations of prior art, including U.S. Patent No. 8,112,323 to Bell et al. ("Bell"), U.S. Patent Application Publication No. 2008/0086386 to Bell et al. ("Bell '386"), U.S. Patent Application Publication No. 2011/0055046 to Barron ("Barron"), and U.S. Patent No. 7,574,365 to Schendel et al. ("Schendel").
  • Institution decision: Instituted on 2023-02-13. The Board instituted review of claims 1-6, 9, 10, and 12-27.
  • Final Written Decision: Issued on 2024-02-13. The PTAB found that claims 1-6, 9, 10, and 12-27 are unpatentable.
    • Specifically, claims 1, 2, 3, 4, 5, 6, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27 were all found unpatentable.
    • The Board's reasoning centered on the obviousness of these claims in light of the cited prior art, particularly combinations involving Bell, Bell '386, Barron, and Schendel.
  • Settlement / termination: Not applicable, a Final Written Decision was issued.
  • Appeal: Yes, the Final Written Decision was appealed to the Court of Appeals for the Federal Circuit. The appeal case number is 24-1704.
  • Defensive value: Claims 1-6, 9, 10, and 12-27 have been cancelled by the PTAB. Any assertion of infringement based on these claims is significantly weakened, making an IPR-based defense highly effective against these specific claims. The ongoing Federal Circuit appeal means the PTAB's decision is not yet final, but the unpatentability finding stands unless overturned.

Strategic summary

The IPR proceeding, IPR2022-01357, has significantly narrowed the scope of US patent 10628835. Claims 1-6, 9, 10, and 12-27 have all been found unpatentable by the PTAB. This means that a substantial portion of the patent's asserted claims are no longer valid, pending the outcome of the Federal Circuit appeal (case 24-1704).

The remaining claims, 7, 8, and 11, were not challenged in IPR2022-01357 and are therefore untested in an AIA trial proceeding. For a defendant facing assertion of this patent, the focus should immediately shift away from the invalidated claims.

Regarding the estoppel landscape, 35 U.S.C. § 315(e)(2) will bar Unified Patents (and any parties in privity with them) from raising any ground that was raised or reasonably could have been raised in IPR2022-01357. However, other potential petitioners not in privity with Unified Patents would not be subject to this estoppel for the un-instituted or un-challenged claims, or for grounds that could not have reasonably been raised in IPR2022-01357. The primary prior art grounds used to invalidate claims 1-6, 9, 10, and 12-27 (Bell, Bell '386, Barron, Schendel) are now largely exhausted for those specific claims and parties. The presence of Unified Patents as the petitioner signals their role as a defensive aggregator in the patent ecosystem.

Recommended next steps

For any defendant facing assertion of US patent 10628835, it is critical to leverage the Final Written Decision (FWD) from IPR2022-01357.

  1. Review FWD: Immediately review the FWD for IPR2022-01357 (searchable via USPTO PTAB Decisions portal, e.g., by searching for "IPR2022-01357" or "10628835"). The FWD explicitly states the cancellation of claims 1-6, 9, 10, and 12-27.
  2. Challenge Assertions: If a demand letter or complaint asserts any of the invalidated claims (1-6, 9, 10, 12-27), explicitly cite the PTAB's FWD finding these claims unpatentable. While the decision is on appeal, it represents a strong preliminary finding of invalidity that should be considered by any court.
  3. Monitor Appeal: Closely monitor the Federal Circuit appeal (case 24-1704) for any updates or disposition. The outcome of this appeal will be determinative of the final status of the invalidated claims.
  4. Evaluate Remaining Claims: Conduct a thorough invalidity analysis on the surviving and untested claims (7, 8, and 11) to determine if viable prior art defenses exist. Since these claims were not tested, they represent the patent's remaining enforceable scope.

There is litigation at the Court of Appeals for the Federal Circuit with case number 24-1704, which is an appeal of the IPR2022-01357 Final Written Decision. The status of this appeal needs to be actively monitored as it will determine the ultimate validity of the challenged claims.

Citations:
IPR2022-01357, Paper 40, Final Written Decision. US Patent and Trademark Office, Patent Trial and Appeal Board. February 13, 2024.
"Unified Patents PTAB Data" by Unified Patents. https://portal.unifiedpatents.com/ptab/case/IPR2022-01357
IPR2022-01357, Paper 11, Institution Decision. US Patent and Trademark Office, Patent Trial and Appeal Board. February 13, 2023.
"US case filed in Court of Appeals for the Federal Circuit". https://portal.unifiedpatents.com/litigation/Court%20of%20Appeals%20for%20the%20Federal%20Circuit/case/24-1704

Generated 6/26/2026, 6:45:49 AM

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

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Inventors

  • Mark B Barron (Employer at time of filing: CONSUMERON LLC - implied, as original assignee and inventor)
  • Michael Hays (Employer at time of filing: CONSUMERON LLC - implied, as original assignee and inventor)

Note: While patent law generally vests initial ownership in the inventor, employment agreements often transfer these rights to the employer, especially if the employee was hired to invent or used company resources. Given that CONSUMERON LLC is the original assignee, it is implied that the inventors were employed by or had an agreement with CONSUMERON LLC to assign their rights.

Original assignee

The original assignee is CONSUMERON LLC.

CONSUMERON LLC operates a grocery delivery and pick-up service in selected parts of Los Angeles, utilizing a personal shopper model with real-time communication via video, text, or call within their app. They claim to offer "on-demand accuracy" and "personal assistance made affordable" by enabling customers to have direct contact with their "Assistants" (delivery agents) to ensure they get exactly what they need, including viewing substitute items and shopping from any retailer. They also market their barcode technology and mobile telepresence for accurate merchandise identification and approval.

CONSUMERON LLC is currently operating, as evidenced by their active website detailing their services, app downloads, and ongoing litigation.

Assignment timeline

The USPTO Assignment Center (https://assignmentcenter.uspto.gov/) currently shows no recorded assignments for US patent 10628835. This indicates that the original assignee, CONSUMERON LLC, still owns the patent.

Timeline diagram

timeline
    title Ownership of US 10628835
    2011 : Filed by CONSUMERON LLC
    2020 : Issued to CONSUMERON LLC

NPE / troll-pattern signals

  1. Shell-entity transfernot present. The patent remains with the original assignee, CONSUMERON LLC, which appears to be an operating company providing a grocery and general delivery service.
  2. Known asserter in the chainnot present. CONSUMERON LLC is not identified as a known asserter on public NPE lists within the provided information. However, they are actively involved in litigation against Maplebear Inc. (Instacart).
  3. Repeat correspondent across the chainnot present. Since there are no recorded assignments, there is no chain to observe a repeat correspondent.
  4. Cascading transfersnot present. There are no recorded assignments.
  5. Pre-litigation transferunclear. While CONSUMERON LLC is involved in active litigation, there are no recorded assignments to assess if a transfer occurred within 6 months of the first suit.
  6. Bankruptcy fire-salenot present. There is no indication that CONSUMERON LLC has filed for bankruptcy.
  7. Privateeringunclear. While CONSUMERON LLC is asserting its patent against a competitor (Instacart/Maplebear Inc.), there is no evidence of a transfer to an NPE on their behalf.
  8. Defensive aggregator (anti-NPE)not present. The patent is currently held by CONSUMERON LLC, which is actively asserting it.

Verdict

Operating-company assertion. CONSUMERON LLC, the original assignee, appears to be an operating company that provides a remote acquisition and delivery service. They are actively involved in litigation, asserting this patent against Maplebear Inc. (Instacart), a competitor in the delivery service market. The absence of recorded assignments on the USPTO Assignment Center (https://assignmentcenter.uspto.gov/) confirms that CONSUMERON LLC retains ownership and is asserting its own patent.

Generated 6/26/2026, 6:45:47 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

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To identify the most relevant prior art for US patent 10628835, I will refer to the "Citations" section of the patent itself, as this lists the references considered by the patent examiner during prosecution. The information provided in the prompt's full patent text is authoritative for this analysis.

Here's an analysis of the cited prior art, focusing on potential anticipation under 35 U.S.C. § 102. Anticipation means that a single prior art reference discloses every element of a claimed invention, either explicitly or inherently. The effective filing date for US10628835 is October 11, 2011.

Prior Art Citations for US10628835:

1. US5896128A

  • Full Citation: US5896128A, Bell Communications Research, Inc.
  • Publication Date: April 20, 1999 (Priority Date: May 3, 1995)
  • Brief Description: System and method for associating multimedia objects for use in a video conferencing system. This patent describes linking multimedia objects, such as images, to conference participants.
  • Potential Anticipated Claims (35 U.S.C. § 102): While this patent deals with multimedia and conferencing, it does not appear to anticipate the core elements of remote acquisition and delivery by a mobile agent with real-time customer interaction for product inspection and approval. It's too general to anticipate the specific method claims of US10628835.

2. US5907604A

  • Full Citation: US5907604A, Sony Corporation
  • Publication Date: May 25, 1999 (Priority Date: March 25, 1997)
  • Brief Description: Image icon associated with caller ID. This patent focuses on displaying an image related to a caller during a communication.
  • Potential Anticipated Claims (35 U.S.C. § 102): Similar to US5896128A, this reference is directed to communication features rather than the entire remote acquisition and delivery process. It does not anticipate the specific steps of acquiring goods through an agent with real-time product inspection.

3. US6026376A

  • Full Citation: US6026376A, Kenney; John A.
  • Publication Date: February 15, 2000 (Priority Date: April 15, 1997)
  • Brief Description: Interactive electronic shopping system and method. This patent describes an online shopping system.
  • Potential Anticipated Claims (35 U.S.C. § 102): Without access to the full text, it's difficult to definitively say. However, the title suggests a general electronic shopping system. For anticipation, it would need to explicitly disclose all steps of Claim 1, 24, or 26, including the mobile agent, real-time image transmission for product-specific inspection and approval of the exact product shown, and subsequent acquisition and delivery by that agent. Traditional e-commerce systems typically do not include the real-time agent-customer interaction for product inspection.

4. US6032130A

  • Full Citation: US6032130A, Video Road Digital Inc.
  • Publication Date: February 29, 2000 (Priority Date: October 22, 1997)
  • Brief Description: Multimedia product catalog and electronic purchasing system. This patent describes a system for viewing product information and making purchases.
  • Potential Anticipated Claims (35 U.S.C. § 102): Similar to US6026376A, this likely describes a more traditional e-commerce system using multimedia catalogs. It is unlikely to anticipate the real-time mobile agent interaction and specific product inspection and approval steps in claims 1, 24, and 26.

5. US6070149A

  • Full Citation: US6070149A, Activepoint Ltd.
  • Publication Date: May 30, 2000 (Priority Date: July 2, 1998)
  • Brief Description: Virtual sales personnel. This patent describes using virtual sales personnel to assist customers.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Virtual sales personnel" could imply some form of remote assistance, but typically this refers to automated or non-physical agents. For anticipation, it would need to disclose a mobile, human agent with a digital image capture device transmitting real-time images of a specific product for customer inspection and approval before acquisition, as per claims 1, 24, and 26. This is unlikely to be fully disclosed.

6. US20010044751A1

  • Full Citation: US20010044751A1, Pugliese Anthony V.
  • Publication Date: November 22, 2001 (Priority Date: April 3, 2000)
  • Brief Description: System and method for displaying and selling goods and services.
  • Potential Anticipated Claims (35 U.S.C. § 102): This broad title suggests a general e-commerce or sales platform. Without more detail, it's unlikely to anticipate the specific real-time mobile agent interaction and product inspection features of US10628835.

7. JP2002094621A

  • Full Citation: JP2002094621A, Fukutomi Health Science & Service:Kk
  • Publication Date: March 29, 2002 (Priority Date: September 12, 2000)
  • Brief Description: Receiving / transmitting device for assisting home shopping, assisting method therefor, and method of selling to home.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Assisting home shopping" could be relevant. The Japanese patent would need to describe a mobile agent explicitly, with a digital image capture device, transmitting real-time images for customer approval of the exact product shown prior to acquisition and delivery. This level of specificity is generally not found in broad descriptions.

8. US20020093531A1

  • Full Citation: US20020093531A1, John Barile
  • Publication Date: July 18, 2002 (Priority Date: January 17, 2001)
  • Brief Description: Adaptive display for video conferences. This relates to video conferencing technology.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on video conference displays. While video is part of US10628835, this reference doesn't describe the full method of remote acquisition and delivery, particularly the agent's role in product selection and delivery.

9. US20020163548A1

  • Full Citation: US20020163548A1, Fuji Xerox Co., Ltd.
  • Publication Date: November 7, 2002 (Priority Date: March 24, 1999)
  • Brief Description: System and apparatus for notetaking with digital video and ink. This relates to document and information capture.
  • Potential Anticipated Claims (35 U.S.C. § 102): This appears to be a document management or information capture system, not a remote shopping and delivery system with human agents. It would not anticipate the claims of US10628835.

10. JP2003132278A

  • Full Citation: JP2003132278A, Nec Corp
  • Publication Date: May 9, 2003 (Priority Date: October 23, 2001)
  • Brief Description: Electronic commerce method, device, system and program.
  • Potential Anticipated Claims (35 U.S.C. § 102): General electronic commerce. Similar to other broad e-commerce patents, it would need to contain very specific disclosures of a mobile agent providing real-time visual product inspection for customer approval for it to anticipate the claims of US10628835.

11. US20030115104A1

  • Full Citation: US20030115104A1, Smith Timothy Jay
  • Publication Date: June 19, 2003 (Priority Date: December 13, 2001)
  • Brief Description: Internet-based method and system for managing delivery of goods.
  • Potential Anticipated Claims (35 U.S.C. § 102): This reference is directly related to delivery management. It may disclose some elements of delivery, but for anticipation, it would need to also include the mobile agent, real-time image capture for specific product inspection and approval prior to acquisition, and the customer interaction loop, as outlined in claims 1, 24, and 26.

12. US6587835B1

  • Full Citation: US6587835B1, G. Victor Treyz
  • Publication Date: July 1, 2003 (Priority Date: February 9, 2000)
  • Brief Description: Shopping assistance with handheld computing device.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is highly relevant as it describes "shopping assistance with a handheld computing device." The key question for anticipation is whether this device is used by a mobile agent to transmit real-time images of a particular product for customer inspection and approval of that exact product before purchase, leading to acquisition and delivery. If it details this precise sequence, it could anticipate claims.

13. US20030125963A1

  • Full Citation: US20030125963A1, Koninklijke Philips Electronics N.V.
  • Publication Date: July 3, 2003 (Priority Date: December 27, 2001)
  • Brief Description: Wireless interactive rendezvous system for delivering goods and services.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Wireless interactive rendezvous system for delivering goods" is highly relevant. If this system describes a mobile agent using a digital image capture device to transmit real-time images of a specific product for customer inspection and approval before acquisition, it could anticipate claims 1, 24, and 26.

14. US6598027B1

  • Full Citation: US6598027B1, Xs, Inc.
  • Publication Date: July 22, 2003 (Priority Date: November 16, 1999)
  • Brief Description: Systems, methods and computer program products for conducting regulation-compliant commercial transactions of regulated goods via a computer network.
  • Potential Anticipated Claims (35 U.S.C. § 102): This patent focuses on regulated transactions and compliance, not specifically on the interactive remote shopping experience with a mobile agent and real-time visual approval. Unlikely to anticipate.

15. US6604681B1

  • Full Citation: US6604681B1, Advanced Research And Technology Institute, Inc.
  • Publication Date: August 12, 2003 (Priority Date: May 21, 1999)
  • Brief Description: Evaluative shopping assistant system.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Evaluative shopping assistant system" is very relevant. This reference would need to specifically detail a mobile human agent using an image capture device to transmit real-time images of a particular product to a customer for their inspection and approval of the exact product shown before the agent acquires and delivers it. If it includes these elements, it could anticipate.

16. US20030200152A1

  • Full Citation: US20030200152A1, Computer Associates Think, Inc.
  • Publication Date: October 23, 2003 (Priority Date: April 19, 2002)
  • Brief Description: Wireless shopping system and method.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Wireless shopping system" is relevant, but similar to other broad shopping systems, it needs to explicitly disclose the unique combination of mobile agent, real-time visual inspection of a specific product for approval, acquisition, and delivery.

17. US6646672B2

  • Full Citation: US6646672B2, Wolfgang Feierbach
  • Publication Date: November 11, 2003 (Priority Date: December 21, 2000)
  • Brief Description: Pocket video conference computer. This describes a portable device for video conferencing.
  • Potential Anticipated Claims (35 U.S.C. § 102): While it discusses portable video conferencing, it doesn't describe the full remote acquisition and delivery method. It would not anticipate the claims of US10628835.

18. JP2003533777A

  • Full Citation: JP2003533777A, Catalina Marketing International, Inc.
  • Publication Date: November 11, 2003 (Priority Date: May 9, 2000)
  • Brief Description: Method and apparatus for distributing electronic coupons over a network before completing a purchase transaction.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to coupons and marketing, not the specific remote shopping and delivery method with real-time agent interaction. Unlikely to anticipate.

19. US20040199435A1

  • Full Citation: US20040199435A1, Abrams David Hardin
  • Publication Date: October 7, 2004 (Priority Date: July 28, 1999)
  • Brief Description: Method and apparatus for remote location shopping over a computer network.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Remote location shopping over a computer network" is highly pertinent. This reference would be a strong candidate for anticipation if it details the real-time mobile agent interaction, specific product image transmission for customer approval of the exact product shown, and subsequent acquisition and delivery.

20. US20040260618A1

  • Full Citation: US20040260618A1, Damon Larson
  • Publication Date: December 23, 2004 (Priority Date: June 19, 2003)
  • Brief Description: Home shopping system.
  • Potential Anticipated Claims (35 U.S.C. § 102): Another general "home shopping system." For anticipation, it needs the specific elements of a mobile agent performing real-time, visual product inspection and customer approval of the exact item before acquisition and delivery.

21. US6837436B2

  • Full Citation: US6837436B2, Symbol Technologies, Inc.
  • Publication Date: January 4, 2005 (Priority Date: September 5, 1996)
  • Brief Description: Consumer interactive shopping system.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Consumer interactive shopping system" is relevant. This patent would need to disclose a mobile agent, real-time image capture, and customer approval of a specific product image before acquisition to anticipate.

22. US20050004844A1

  • Full Citation: US20050004844A1, Olivier Attia
  • Publication Date: January 6, 2005 (Priority Date: April 23, 2003)
  • Brief Description: Integrating barcode scanner enabled services in existing e-commerce applications using a floating pop-up web window.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on barcode scanning in e-commerce. While barcode scanning is mentioned in US10628835, this patent does not describe the core method of a mobile agent facilitating real-time visual inspection and approval of goods prior to acquisition.

23. US20050015311A1

  • Full Citation: US20050015311A1, Didier Frantz
  • Publication Date: January 20, 2005 (Priority Date: July 16, 2003)
  • Brief Description: System and method for aggregate online ordering using barcode scanners.
  • Potential Anticipated Claims (35 U.S.C. § 102): Similar to Attia, this focuses on barcode scanning for online ordering. It does not appear to anticipate the real-time visual inspection and approval by a customer through a mobile agent for a specific product.

24. US6906741B2

  • Full Citation: US6906741B2, Palm, Inc.
  • Publication Date: June 14, 2005 (Priority Date: January 29, 2002)
  • Brief Description: System for and method of conferencing with a handheld computer using multiple media types.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to general conferencing with handheld devices. It lacks the specific context of remote shopping, mobile agents, and product acquisition/delivery.

25. US20050228719A1

  • Full Citation: US20050228719A1, Greg Roberts
  • Publication Date: October 13, 2005 (Priority Date: September 11, 2003)
  • Brief Description: Method and system for electronic delivery of incentive information based on user proximity.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on location-based incentives, not the core remote shopping and delivery process with agent interaction and real-time product inspection.

26. US6965868B1

  • Full Citation: US6965868B1, Michael David Bednarek
  • Publication Date: November 15, 2005 (Priority Date: August 3, 1999)
  • Brief Description: System and method for promoting commerce, including sales agent assisted commerce, in a networked economy.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Sales agent assisted commerce" is very relevant. This reference would be a strong candidate for anticipation if it explicitly discloses a mobile human agent using an image capture device to transmit real-time images of a particular product to a customer for inspection and approval of the exact product shown before acquisition and delivery.

27. JP2006004096A

  • Full Citation: JP2006004096A, Takao Otsuka
  • Publication Date: January 5, 2006 (Priority Date: June 16, 2004)
  • Brief Description: Shopping system.
  • Potential Anticipated Claims (35 U.S.C. § 102): General "shopping system." Without specific disclosures of the mobile agent, real-time visual inspection of a particular product for approval, acquisition, and delivery, it's unlikely to anticipate.

28. US20060020522A1

  • Full Citation: US20060020522A1, Pratt Wyatt B
  • Publication Date: January 26, 2006 (Priority Date: July 26, 2004)
  • Brief Description: Method of conducting interactive real estate property viewing.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is highly relevant as it describes "interactive real estate property viewing," which involves remote viewing and interaction. While the object is real estate rather than goods, the method of real-time remote viewing with interaction could potentially anticipate elements of image capture, real-time transmission, and remote inspection. If the claims are broad enough to cover any "goods" or "items," this could be an anticipatory reference for the visual inspection aspect, but not necessarily the acquisition and delivery of tangible products by an agent.

29. US20060041627A1

  • Full Citation: US20060041627A1, Sony Computer Entertainment America Inc.
  • Publication Date: February 23, 2006 (Priority Date: August 20, 2004)
  • Brief Description: System and method for effectively exchanging photo data in an instant messaging environment.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on photo exchange in instant messaging. While images are key to US10628835, this doesn't include the full context of a mobile agent, product acquisition, and delivery after real-time inspection.

30. JP2006082981A

  • Full Citation: JP2006082981A, Yamato Holdings Co Ltd
  • Publication Date: March 30, 2006 (Priority Date: December 25, 2000)
  • Brief Description: Package delivery notification method.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to delivery notifications. It is unlikely to anticipate the entire remote acquisition and delivery method with real-time customer interaction and product inspection.

31. US7040541B2

  • Full Citation: US7040541B2, Symbol Technologies, Inc.
  • Publication Date: May 9, 2006 (Priority Date: September 5, 1996)
  • Brief Description: Portable shopping and order fulfillment system.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Portable shopping and order fulfillment system" is highly relevant. This could be a strong anticipatory reference if it discloses the mobile agent, real-time image capture for specific product inspection and customer approval of the exact product shown before acquisition, and subsequent delivery.

32. US20060111955A1

  • Full Citation: US20060111955A1, Agilis Systems, Inc.
  • Publication Date: May 25, 2006 (Priority Date: November 24, 2004)
  • Brief Description: System and method for mobile resource management with customer confirmation.
  • Potential Anticipated Claims (35 U.S.C. § 102): This patent is particularly relevant for Claim 26, as it explicitly discusses "mobile resource management" (which could apply to agents) and "customer confirmation." If "customer confirmation" includes confirming the specific goods via real-time image, it could anticipate elements of the claims, especially with respect to GPS and communicating agent location. It directly addresses the GPS aspect of Claim 26.

33. US20060173772A1

  • Full Citation: US20060173772A1, Hayes John B
  • Publication Date: August 3, 2006 (Priority Date: February 2, 2005)
  • Brief Description: Systems and methods for automated processing, handling, and facilitating a trade credit transaction.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on trade credit transactions. Not directly related to the core remote shopping, inspection, and delivery method with a mobile agent.

34. US7096037B2

  • Full Citation: US7096037B2, Palm, Inc.
  • Publication Date: August 22, 2006 (Priority Date: January 29, 2002)
  • Brief Description: Videoconferencing bandwidth management for a handheld computer system and method.
  • Potential Anticipated Claims (35 U.S.C. § 102): Related to video conferencing bandwidth, not the specific application of remote shopping and delivery with agent interaction and product acquisition.

35. US7124098B2

  • Full Citation: US7124098B2, The Kroger Company
  • Publication Date: October 17, 2006 (Priority Date: October 7, 2002)
  • Brief Description: Online shopping system.
  • Potential Anticipated Claims (35 U.S.C. § 102): General "online shopping system." For anticipation, it needs to explicitly disclose a mobile agent, real-time visual inspection of a specific product for approval, and the subsequent acquisition and delivery.

36. US7130814B1

  • Full Citation: US7130814B1, International Business Machines Corporation
  • Publication Date: October 31, 2006 (Priority Date: June 27, 2000)
  • Brief Description: Method and apparatus to automate consumer replenishment shopping by periodicity.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to automated replenishment, not the interactive, real-time, agent-assisted remote shopping and delivery of specific items after visual inspection.

37. US20060259369A1

  • Full Citation: US20060259369A1, International Business Machines Corporation
  • Publication Date: November 16, 2006 (Priority Date: May 12, 2005)
  • Brief Description: Virtual grocery shopping.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Virtual grocery shopping" is relevant. The term "virtual" might imply a simulated environment rather than a real-time human agent. However, if it discloses a human agent in a real store transmitting real-time images for customer approval of the exact items, it could anticipate.

38. US7206647B2

  • Full Citation: US7206647B2, Ncr Corporation
  • Publication Date: April 17, 2007 (Priority Date: March 21, 2002)
  • Brief Description: E-appliance for mobile online retailing.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Mobile online retailing" is very relevant. This reference would be a strong candidate for anticipation if it explicitly discloses a mobile human agent using an image capture device to transmit real-time images of a particular product to a customer for inspection and approval of the exact product shown before acquisition and delivery.

39. US20070088617A1

  • Full Citation: US20070088617A1, Cheng-Jen Yang
  • Publication Date: April 19, 2007 (Priority Date: October 17, 2005)
  • Brief Description: System of interactive real-person audio-visual on-line shop and method of the same.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is highly relevant. "Interactive real-person audio-visual on-line shop" strongly suggests a system with a human agent providing real-time audio and visual interaction. If it describes the steps of claims 1, 24, or 26, particularly the real-time image transmission for product-specific inspection and approval, and subsequent acquisition and delivery by the agent, it could very likely anticipate. This is one of the strongest potential anticipatory references.

40. US20070100704A1

  • Full Citation: US20070100704A1, Microsoft Corporation
  • Publication Date: May 3, 2007 (Priority Date: October 28, 2005)
  • Brief Description: Shopping assistant.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Shopping assistant" is relevant. Similar to other shopping assistant patents, it needs to explicitly disclose a mobile human agent, real-time visual inspection of a specific product for approval, acquisition, and delivery to anticipate.

41. US7251621B1

  • Full Citation: US7251621B1, Weiwen Weng
  • Publication Date: July 31, 2007 (Priority Date: February 3, 2006)
  • Brief Description: Method and apparatus for the home delivery of local retail e-commerce orders.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on home delivery of e-commerce orders. While delivery is part of US10628835, it's unlikely to anticipate the real-time human agent interaction for product inspection and approval before acquisition.

42. US20070203791A1

  • Full Citation: US20070203791A1, Pdway Ltd.
  • Publication Date: August 30, 2007 (Priority Date: February 24, 2006)
  • Brief Description: Management And Personalization Of Electronic Coupons In A Wireless Network.
  • Potential Anticipated Claims (35 U.S.C. § 102): Relates to coupons. Not directly relevant to the core remote shopping, inspection, and delivery method with a mobile agent.

43. US20070208629A1

  • Full Citation: US20070208629A1, Jung Edward K Y
  • Publication Date: September 6, 2007 (Priority Date: March 2, 2006)
  • Brief Description: Shopping using exemplars.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Shopping using exemplars" means shopping based on examples. While this might involve images, it doesn't necessarily describe a mobile agent providing real-time images of a specific product for customer approval of that exact product before acquisition and delivery.

44. US20070226074A1

  • Full Citation: US20070226074A1, American Express Travel Related Services Company, Inc.
  • Publication Date: September 27, 2007 (Priority Date: November 6, 2000)
  • Brief Description: System and method for networked loyalty program.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to loyalty programs. Not directly relevant to the core remote shopping, inspection, and delivery method with a mobile agent.

45. JP2007304633A

  • Full Citation: JP2007304633A, Nagatoshi Kihoin
  • Publication Date: November 22, 2007 (Priority Date: May 8, 2006)
  • Brief Description: Delivery system.
  • Potential Anticipated Claims (35 U.S.C. § 102): General "delivery system." For anticipation, it needs to explicitly disclose a mobile agent, real-time visual inspection of a specific product for approval, and the subsequent acquisition by the agent prior to delivery.

46. US7309015B2

  • Full Citation: US7309015B2, Scanbuy, Inc.
  • Publication Date: December 18, 2007 (Priority Date: July 14, 2004)
  • Brief Description: Mobile device gateway providing access to instant information.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on mobile device access to information, likely via barcodes or similar. While relevant to accessing product data, it doesn't encompass the entire method of a mobile agent providing real-time visual inspection for customer approval of a specific product before acquisition and delivery.

47. US20080040240A1

  • Full Citation: US20080040240A1, Covington Robert D
  • Publication Date: February 14, 2008 (Priority Date: November 5, 1999)
  • Brief Description: Interactive in-store/in-mall and on-line shopping system and method.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Interactive in-store/in-mall and on-line shopping system" is very strong. If this system describes a mobile agent using a digital image capture device to transmit real-time images of a particular product to a customer for inspection and approval of the exact product shown before acquisition and delivery, it could strongly anticipate claims 1, 24, and 26.

48. US20080077956A1

  • Full Citation: US20080077956A1, James Morrison
  • Publication Date: March 27, 2008 (Priority Date: September 12, 2006)
  • Brief Description: Interactive digital media services.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is very general about interactive digital media. It's unlikely to anticipate the specific method of remote acquisition and delivery with a human mobile agent and real-time product inspection for approval.

49. US20080086386A1

  • Full Citation: US20080086386A1, Bell Stephen F
  • Publication Date: April 10, 2008 (Priority Date: October 10, 2006)
  • Brief Description: Conducting Remote Shopping Events. This patent 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.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is one of the most relevant references for anticipation. As noted in the "Obviousness" section, Bell '386 (which is the same as this reference) strongly discloses the core concepts of claims 1, 24, and 26. Specifically, it describes a mobile agent, using a camera-equipped device, communicating with a customer in real-time to view items, and then acquiring and delivering them. If it explicitly states the transmission of an image of a particular product for the customer to inspect and approve the purchase of the particular product exactly shown in the image, then it would directly anticipate the independent claims. Even if not explicitly stated, the context of "viewing items" via a camera by a remote customer implies this.

50. US20080162305A1

  • Full Citation: US20080162305A1, Armand Rousso
  • Publication Date: July 3, 2008 (Priority Date: September 29, 2006)
  • Brief Description: Apparatuses, methods and systems for a product manipulation and modification interface.
  • Potential Anticipated Claims (35 U.S.C. § 102): This appears to relate to product design or modification. Not directly relevant to remote shopping, real-time inspection, and delivery of existing goods by a mobile agent.

51. US20080222009A1

  • Full Citation: US20080222009A1, Audit Business Solutions
  • Publication Date: September 11, 2008 (Priority Date: March 5, 2007)
  • Brief Description: Integrated system for managing acquisition of consumer goods and/or hiring services.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Managing acquisition of consumer goods" is very relevant. This patent would be a strong candidate for anticipation if it explicitly discloses a mobile human agent using an image capture device to transmit real-time images of a particular product to a customer for inspection and approval of the exact product shown before acquisition and delivery.

52. JP2008217831A

  • Full Citation: JP2008217831A, Nikon Corp
  • Publication Date: September 18, 2008 (Priority Date: March 27, 2001)
  • Brief Description: Digital data mediation method, digital data mediation system, and digital data mediation service program.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is a general digital data management system. It's unlikely to anticipate the specific method of remote acquisition and delivery with a human mobile agent and real-time product inspection for approval.

53. US20080235038A1

  • Full Citation: US20080235038A1, Joseph Szamel
  • Publication Date: September 25, 2008 (Priority Date: March 20, 2007)
  • Brief Description: Method, system and computer program for enabling live sales support.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Live sales support" is highly relevant. If this involves a mobile human agent providing real-time visual inspection of a specific product for customer approval before acquisition and delivery, then it could anticipate the independent claims.

54. US20080313052A1

  • Full Citation: US20080313052A1, Retaildna, Llc
  • Publication Date: December 18, 2008 (Priority Date: November 14, 2001)
  • Brief Description: Method and system for managing transactions initiated via a wireless communications device.
  • Potential Anticipated Claims (35 U.S.C. § 102): Managing transactions via wireless devices is relevant, but it does not inherently disclose the unique combination of real-time visual product inspection by a mobile agent for customer approval before acquisition and delivery.

55. US7492386B2

  • Full Citation: US7492386B2, Sony Ericsson Mobile Communications Ab
  • Publication Date: February 17, 2009 (Priority Date: November 5, 2004)
  • Brief Description: Display management during a multi-party conversation.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on display management in conversations. It's unlikely to anticipate the specific method of remote acquisition and delivery.

56. US7505929B2

  • Full Citation: US7505929B2, Angert Charles D
  • Publication Date: March 17, 2009 (Priority Date: June 1, 2004)
  • Brief Description: Method, system and computer product for auction of deliverable prepared food via the internet.
  • Potential Anticipated Claims (35 U.S.C. § 102): While it involves delivery and internet transactions, the focus on "auction of deliverable prepared food" makes it distinct from the general remote acquisition of any goods with real-time visual inspection by a mobile agent.

57. US20090089211A1

  • Full Citation: US20090089211A1, Patricia Morse
  • Publication Date: April 2, 2009 (Priority Date: October 2, 2007)
  • Brief Description: System and method for person to person fund transfer.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to fund transfers, not the core remote shopping and delivery method.

58. US7515914B2

  • Full Citation: US7515914B2, Symbol Technologies, Inc.
  • Publication Date: April 7, 2009 (Priority Date: August 5, 1997)
  • Brief Description: Terminal with optical reader for locating products in a retail establishment.
  • Potential Anticipated Claims (35 U.S.C. § 102): This patent describes locating products using an optical reader. While this could be part of an agent's task, it does not encompass the entire method of real-time visual inspection by a mobile agent for customer approval of a specific product before acquisition and delivery.

59. US20090094324A1

  • Full Citation: US20090094324A1, Firstpaper Llc
  • Publication Date: April 9, 2009 (Priority Date: October 9, 2007)
  • Brief Description: Methods, apparatus, and systems for providing local and online data services.
  • Potential Anticipated Claims (35 U.S.C. § 102): Very general data services. Unlikely to anticipate.

60. US20090157486A1

  • Full Citation: US20090157486A1, John Nicholas Gross
  • Publication Date: June 18, 2009 (Priority Date: December 14, 2007)
  • Brief Description: Integrated Gourmet Item Data Collection, Recommender and Vending System and Method.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on gourmet item data and vending. Not directly relevant to the core remote shopping, inspection, and delivery method with a mobile agent.

61. US20090192892A1

  • Full Citation: US20090192892A1, Stanley Philip Cason
  • Publication Date: July 30, 2009 (Priority Date: January 27, 2008)
  • Brief Description: Shopping using wireless communication.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Shopping using wireless communication" is relevant. This patent would need to explicitly disclose a mobile human agent using an image capture device to transmit real-time images of a particular product to a customer for inspection and approval of the exact product shown before acquisition and delivery to anticipate.

62. US7574365B2

  • Full Citation: US7574365B2, Sap Ag
  • Publication Date: August 11, 2009 (Priority Date: December 30, 2003)
  • Brief Description: End-to-end solution for direct store delivery.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Direct store delivery" is relevant for the delivery aspect. However, it's unlikely to anticipate the real-time interactive shopping and product inspection by a mobile agent prior to acquisition, which is a key distinguishing feature of US10628835.

63. US20090249244A1

  • Full Citation: US20090249244A1, Addnclick, Inc.
  • Publication Date: October 1, 2009 (Priority Date: October 10, 2000)
  • Brief Description: Dynamic information management system and method for content delivery and sharing in content-, metadata- & viewer-based, live social networking among users concurrently engaged in the same and/or similar content.
  • Potential Anticipated Claims (35 U.S.C. § 102): This describes content delivery and social networking. It does not appear to anticipate the remote acquisition and delivery method with real-time product inspection by a mobile agent.

64. US7599855B2

  • Full Citation: US7599855B2, Lester Sussman
  • Publication Date: October 6, 2009 (Priority Date: February 13, 2001)
  • Brief Description: System and method for a complete and convenient shopping experience.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Complete and convenient shopping experience" is broad. For anticipation, it needs to explicitly disclose a mobile agent, real-time visual inspection of a specific product for approval, acquisition, and delivery.

65. US20090265248A1

  • Full Citation: US20090265248A1, Deborah Walker
  • Publication Date: October 22, 2009 (Priority Date: April 22, 2008)
  • Brief Description: Virtual Concierge for Shipping Services.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Virtual Concierge" implies a non-human or automated service. Even if it were human, it needs to explicitly include the real-time visual inspection and approval of a specific product by a mobile agent before acquisition and delivery to anticipate claims 1, 24, and 26.

66. US7613629B2

  • Full Citation: US7613629B2, American Express Travel Related Services Company, Inc.
  • Publication Date: November 3, 2009 (Priority Date: March 29, 2001)
  • Brief Description: System and method for the transfer of loyalty points.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to loyalty points. Not directly relevant to the core remote shopping, inspection, and delivery method with a mobile agent.

67. US7627502B2

  • Full Citation: US7627502B2, Microsoft Corporation
  • Publication Date: December 1, 2009 (Priority Date: October 8, 2007)
  • Brief Description: System, method, and medium for determining items to insert into a wishlist by analyzing images provided by a user.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is highly relevant to the "e-shopping list" and "product data from the first customer regarding the one or more goods" aspects of US10628835. It describes creating a wishlist from user-provided images. However, for full anticipation of claims 1, 24, and 26, it would also need to incorporate the mobile agent, real-time visual inspection of that specific product by the customer, and subsequent acquisition and delivery.

68. US7680694B2

  • Full Citation: US7680694B2, American Express Travel Related Services Company, Inc.
  • Publication Date: March 16, 2010 (Priority Date: March 11, 2004)
  • Brief Description: Method and apparatus for a user to shop online in a three dimensional virtual reality setting.
  • Potential Anticipated Claims (35 U.S.C. § 102): This describes virtual reality shopping. The "virtual reality setting" distinguishes it from a real-world mobile agent in a physical store transmitting real-time images of actual products, as claimed in US10628835. Unlikely to anticipate.

69. US20100094694A1

  • Full Citation: US20100094694A1, Craig Shapiro
  • Publication Date: April 15, 2010 (Priority Date: June 5, 2008)
  • Brief Description: Rewards Program For Real Estate Sales and Other Uses.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to reward programs for real estate. Not directly relevant to the core remote shopping, inspection, and delivery method with a mobile agent.

70. US7710449B2

  • Full Citation: US7710449B2, France Telecom
  • Publication Date: May 4, 2010 (Priority Date: August 12, 2002)
  • Brief Description: Method for real-time broadcasting of multimedia files during a video conference, without interrupting communication, and a man-machine interface therefor.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on real-time multimedia broadcasting in video conferences. While it has "real-time" and "multimedia," it does not include the full context of remote acquisition and delivery by a mobile agent with real-time product-specific inspection and customer approval.

71. US20100142758A1

  • Full Citation: US20100142758A1, Adi Pinhas
  • Publication Date: June 10, 2010 (Priority Date: March 5, 2007)
  • Brief Description: Method for Providing Photographed Image-Related Information to User, and Mobile System Therefor.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Providing photographed image-related information to user, and mobile system therefor" is highly relevant. This could be a strong anticipatory reference if it discloses a mobile agent using image capture to transmit real-time images of a particular product for customer inspection and approval of the exact product shown before acquisition and delivery.

72. US7775431B2

  • Full Citation: US7775431B2, Metrologic Instruments, Inc.
  • Publication Date: August 17, 2010 (Priority Date: January 17, 2007)
  • Brief Description: 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.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on shipping document image capture and tracking, not the real-time interactive shopping and product inspection by a mobile agent for customer approval before acquisition.

73. US7797204B2

  • Full Citation: US7797204B2, Balent Bruce F
  • Publication Date: September 14, 2010 (Priority Date: December 8, 2001)
  • Brief Description: Distributed personal automation and shopping method, apparatus, and process.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Personal automation and shopping method" is relevant. This reference would need to explicitly disclose a mobile human agent, real-time visual inspection of a specific product for approval, acquisition, and delivery to anticipate.

74. US20100231556A1

  • Full Citation: US20100231556A1, Tandberg Telecom As
  • Publication Date: September 16, 2010 (Priority Date: March 10, 2009)
  • Brief Description: Device, system, and computer-readable medium for an interactive whiteboard system.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to interactive whiteboards. It's unlikely to anticipate the specific method of remote acquisition and delivery.

75. US20100241707A1

  • Full Citation: US20100241707A1, Burton Peter A
  • Publication Date: September 23, 2010 (Priority Date: March 22, 2000)
  • Brief Description: Methods and apparatus for on-line ordering.
  • Potential Anticipated Claims (35 U.S.C. § 102): General "on-line ordering." Unlikely to anticipate the specific features of US10628835.

76. US20100280896A1

  • Full Citation: US20100280896A1, Signature Systems Llc
  • Publication Date: November 4, 2010 (Priority Date: January 14, 2009)
  • Brief Description: Online reward point exchange method and system.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to reward points. Not directly relevant.

77. US20100293106A1

  • Full Citation: US20100293106A1, Rhoads Geoffrey B
  • Publication Date: November 18, 2010 (Priority Date: May 19, 1999)
  • Brief Description: Location-Based Arrangements Employing Mobile Devices.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Location-Based Arrangements Employing Mobile Devices" is relevant, especially for Claim 26 regarding GPS. However, for full anticipation of claims 1, 24, and 26, it would need to explicitly combine location-based services with the mobile agent, real-time visual inspection of a specific product for customer approval, acquisition, and delivery.

78. US20110010238A1

  • Full Citation: US20110010238A1, Richard Postrel
  • Publication Date: January 13, 2011 (Priority Date: March 1, 2004)
  • Brief Description: Method and system for issuing, aggregating and redeeming merchant rewards.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to merchant rewards. Not directly relevant.

79. US20110022499A1

  • Full Citation: US20110022499A1, Shakira Nida Hogan
  • Publication Date: January 27, 2011 (Priority Date: July 23, 2009)
  • Brief Description: Personal mobile shopping network - a method of sales and retailing involving multimedia messaging feature of mobile cellular phones and PDA devices.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is highly relevant as "personal mobile shopping network" with "multimedia messaging feature of mobile cellular phones and PDA devices" strongly suggests the core features of US10628835. If it describes a mobile human agent using the multimedia messaging to transmit real-time images of a particular product for customer inspection and approval of the exact product shown before acquisition and delivery, it could very likely anticipate claims 1, 24, and 26. This is another strong potential anticipatory reference.

80. US20110029344A1

  • Full Citation: US20110029344A1, Thomas Weiler
  • Publication Date: February 3, 2011 (Priority Date: July 31, 2009)
  • Brief Description: Creating Purchase Orders with Mobile Devices.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on creating purchase orders. While this is a step in US10628835, it doesn't encompass the entire method of a mobile agent providing real-time visual product inspection for customer approval of a specific product before acquisition and delivery.

81. US20110035299A1

  • Full Citation: US20110035299A1, Ginger Casey
  • Publication Date: February 10, 2011 (Priority Date: May 16, 2008)
  • Brief Description: Systems and Methods for Virtual Markets with Product Pickup.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Virtual Markets" might imply a simulated environment, similar to the virtual reality shopping reference. For anticipation, it needs to explicitly disclose a real-world mobile agent providing real-time visual inspection of physical products for customer approval before acquisition and delivery.

82. US20110047162A1

  • Full Citation: US20110047162A1, Brindisi Richard G
  • Publication Date: February 24, 2011 (Priority Date: September 16, 2005)
  • Brief Description: Handheld device and kiosk system for automated compiling and generating item list information.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on generating item lists. It doesn't encompass the entire method of a mobile agent providing real-time visual product inspection for customer approval of a specific product before acquisition and delivery.

83. US20110055046A1

  • Full Citation: US20110055046A1, Mark Baron Bowen
  • Publication Date: March 3, 2011 (Priority Date: August 26, 2009)
  • Brief Description: System and Method for Remote Acquisition and Delivery of Goods. This is a related application from one of the inventors of US10628835.
  • Potential Anticipated Claims (35 U.S.C. § 102): This reference is a parent application to US10628835. As a direct continuation-in-part or closely related filing, it is likely to disclose much of the subject matter of US10628835. If its priority date (August 26, 2009) predates the effective filing date of any particular claim of US10628835 that is not entitled to the earlier priority date, it could anticipate those claims. Since it's from the same inventor and on the same subject, it's highly likely to anticipate many, if not all, of the independent claims.

84. US7907638B2

  • Full Citation: US7907638B2, Sony Ericsson Mobile Communications, Ab
  • Publication Date: March 15, 2011 (Priority Date: June 19, 2003)
  • Brief Description: Media stream mixing.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on media mixing. Not directly relevant.

85. US7954710B1

  • Full Citation: US7954710B1, Koamtac, Inc.
  • Publication Date: June 7, 2011 (Priority Date: March 31, 2009)
  • Brief Description: System and method for ordering using barcode data collector and online services.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on barcode ordering. Similar to other barcode references, it doesn't encompass the full method of a mobile agent providing real-time visual product inspection for customer approval of a specific product before acquisition and delivery.

86. US20110145093A1

  • Full Citation: US20110145093A1, AisleBuyer LLC
  • Publication Date: June 16, 2011 (Priority Date: December 13, 2009)
  • Brief Description: Systems and methods for purchasing products from a retail establishment using a mobile device.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Purchasing products from a retail establishment using a mobile device" is highly relevant. This reference would be a strong candidate for anticipation if it explicitly discloses a mobile human agent using an image capture device to transmit real-time images of a particular product to a customer for inspection and approval of the exact product shown before acquisition and delivery.

87. US20110202394A1

  • Full Citation: US20110202394A1, Ashdan Llc
  • Publication Date: August 18, 2011 (Priority Date: March 19, 2008)
  • Brief Description: Enhanced shopping & merchandising methodology.
  • Potential Anticipated Claims (35 U.S.C. § 102): Broad "enhanced shopping." Unlikely to anticipate without very specific disclosures of the mobile agent, real-time visual inspection, and customer approval for a specific product prior to acquisition and delivery.

88. US20110258086A1

  • Full Citation: US20110258086A1, Select2gether, Inc.
  • Publication Date: October 20, 2011 (Priority Date: March 26, 2010)
  • Brief Description: Computer interface for online commerce with community features.
  • Potential Anticipated Claims (35 U.S.C. § 102): This focuses on online commerce interfaces and community features. It does not appear to anticipate the remote acquisition and delivery method with real-time product inspection by a mobile agent.

89. US8224707B1

  • Full Citation: US8224707B1, United Services Automobile Association
  • Publication Date: July 17, 2012 (Priority Date: August 20, 2008)
  • Brief Description: Social network for shopping.
  • Potential Anticipated Claims (35 U.S.C. § 102): Focuses on social networking for shopping. This is distinct from the real-time agent-assisted remote shopping and delivery of specific items after visual inspection.

90. US20120233032A1

  • Full Citation: US20120233032A1, Bank Of America Corporation
  • Publication Date: September 13, 2012 (Priority Date: March 8, 2011)
  • Brief Description: Collective network of augmented reality users.
  • Potential Anticipated Claims (35 U.S.C. § 102): This relates to augmented reality. It does not appear to anticipate the specific method of remote acquisition and delivery with a mobile agent providing real-time visual inspection of physical products for approval.

91. US20120265651A1

  • Full Citation: US20120265651A1, Ephraim David Samuel
  • Publication Date: October 18, 2012 (Priority Date: April 15, 2011)
  • Brief Description: Method and system for the remote evaluation and purchase of goods.
  • Potential Anticipated Claims (35 U.S.C. § 102): "Remote evaluation and purchase of goods" is highly relevant. This patent would be a strong candidate for anticipation if it explicitly discloses a mobile human agent using an image capture device to transmit real-time images of a particular product to a customer for inspection and approval of the exact product shown before acquisition and delivery.

92. US8321298B2

  • Full Citation: US8321298B2, National Central University
  • Publication Date: November 27, 2012 (Priority Date: November 16, 2009)
  • Brief Description: Real-time, localized and mobile matching method and system for proxy purchase.
  • Potential Anticipated Claims (35 U.S.C. § 102): This is another extremely relevant reference, particularly with "real-time, localized and mobile matching method and system for proxy purchase." A "proxy purchase" is essentially an agent acquiring goods on behalf of another. If this patent explicitly details a mobile agent transmitting real-time images of a particular product for customer inspection and approval of the exact product shown before acquisition and subsequent delivery, it would very strongly anticipate claims 1, 24, and 26. This is one of the strongest potential anticipatory references, given its title and priority date relative to US10628835.

Summary of Most Relevant Prior Art for Anticipation (35 U.S.C. § 102):

Based on the titles and brief descriptions, the following references appear to be the most promising for potentially anticipating the independent claims of US10628835, assuming they contain sufficiently explicit disclosures of all elements:

  • US20080086386A1 (Bell Stephen F): "Conducting Remote Shopping Events" is highly aligned with the core concept of a mobile agent facilitating remote shopping with real-time visual interaction, acquisition, and delivery.
  • US20070088617A1 (Cheng-Jen Yang): "System of interactive real-person audio-visual on-line shop" directly points to human, real-time audio-visual interaction in an online shopping context, which is a key distinguishing feature of US10628835.
  • US20110055046A1 (Mark Baron Bowen): "System and Method for Remote Acquisition and Delivery of Goods" is a patent from one of the same inventors and is a direct parent application. It is highly likely to anticipate the claims.
  • US8321298B2 (National Central University): "Real-time, localized and mobile matching method and system for proxy purchase" describes a very similar concept, particularly the "proxy purchase" by a "mobile" system in "real-time."
  • US6587835B1 (G. Victor Treyz): "Shopping assistance with handheld computing device" is also highly relevant, depending on the specifics of the "assistance" and use of the "handheld computing device."
  • US20030125963A1 (Koninklijke Philips Electronics N.V.): "Wireless interactive rendezvous system for delivering goods and services" could also be very close to anticipating the claims, especially if the "interactive" aspect includes real-time visual product inspection.
  • US6604681B1 (Advanced Research And Technology Institute, Inc.): "Evaluative shopping assistant system" also has strong potential if the "evaluative" part involves real-time visual inspection for customer approval by an agent.
  • US20040199435A1 (Abrams David Hardin): "Method and apparatus for remote location shopping over a computer network" suggests a comprehensive remote shopping system that might anticipate.
  • US6965868B1 (Michael David Bednarek): "System and method for promoting commerce, including sales agent assisted commerce" is relevant due to "sales agent assisted commerce."
  • US7040541B2 (Symbol Technologies, Inc.): "Portable shopping and order fulfillment system" could also be highly relevant.
  • US20100142758A1 (Adi Pinhas): "Method for Providing Photographed Image-Related Information to User, and Mobile System Therefor" is very relevant to the image capture and mobile system aspects.
  • 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" is very close to the described invention.
  • US20110145093A1 (AisleBuyer LLC): "Systems and methods for purchasing products from a retail establishment using a mobile device" is highly pertinent.
  • US20120265651A1 (Ephraim David Samuel): "Method and system for the remote evaluation and purchase of goods" directly addresses remote evaluation and purchase.

It's important to note that a definitive determination of anticipation would require a full review of the specifications and claims of each cited prior art patent. The above analysis is based on the titles and brief descriptions available in the provided text.

Generated 6/26/2026, 12:47:17 PM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

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.

Generated 6/26/2026, 6:46:15 AM

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