Prior art

As a senior US patent analyst, I have reviewed the file wrapper and prosecution history of US patent 5,742,768 to identify the most relevant prior art considered by the USPTO examiner. The following analysis details the references cited during the examination and their potential impact on the patent's claims.

The priority date for US patent 5,742,768 is July 16, 1996. Any reference published before this date qualifies as prior art.

Prior Art Analysis

1. U.S. Patent 5,572,643 (Judson)

• Full Citation: U.S. Patent 5,572,643 A, "Web browser with dynamic display of information objects during linking." Inventor: David H. Judson.
• Filing Date: October 19, 1995.
• Issue Date: November 5, 1996.
• Brief Description: The '643 patent discloses a web browser that displays "interstitial information objects," such as advertisements or other content, to the user in the time between when a hyperlink is selected and when the requested page fully loads. It describes downloading these objects in the background so they are available for immediate display during these idle periods. The patent mentions that these objects can be interactive and contain their own hyperlinks.
• Potential Anticipation of Claim(s):
  • Claims 1, 9, and 16: The Judson '643 patent was the primary reference considered by the examiner. However, it does not fully anticipate the claims of US 5,742,768. The key distinction lies in the implementation and purpose of the displayed object.
    • Judson describes displaying a separate information object (like an advertisement) during the idle time of linking to a new page. This object is not an "embedded menu" in the context of the primary web page's user interface.
    • In contrast, US 5,742,768 claims a menu that is embedded within the displayed web page itself and is triggered by a single user action (like a mouse-over a "hot spot") to provide navigational links without necessarily leaving the current page immediately. The menu in '768 is part of the page's persistent navigation structure, managed by an applet, whereas the object in '643 is transient and serves as filler content during latency.
  • Therefore, while Judson teaches the dynamic display of content with hyperlinks via a browser, it fails to disclose the specific claimed combination of an applet creating and managing an embedded, multi-link menu as a navigational element of the web page itself, activated by a single non-linking user action (e.g., a mouse-over).

2. "Re: Help with Menus" by John C. Dhabolt (Non-Patent Reference)

• Full Citation: John C. Dhabolt, "Re: Help with Menus," Usenet post to comp.lang.java, available via DejaNews search, June 13, 1996.
• Publication Date: June 13, 1996.
• Brief Description: This reference is a Usenet newsgroup posting where developers were publicly discussing how to create menus using the then-new Java programming language. The discussion explicitly involves creating a "pop-up menu" via a Java applet that appears when a user clicks on an item. The menu is described as presenting several choices, each of which can be a link to a different URL.
• Potential Anticipation of Claim(s):
  • Claims 1, 9, and 16: This non-patent reference presents a stronger argument for anticipation than the Judson patent and is highly relevant.
    • It discloses the use of a Java applet (as claimed in '768).
    • The applet is executed by the browser to create a menu.
    • The menu provides a plurality of links.
    • The menu is invoked by user action.
  • However, a subtle but critical distinction may have prevented the examiner from finding full anticipation under 35 U.S.C. § 102. The claims of US 5,742,768 specify that the menu is "embedded" in the displayed web page and can be invoked by positioning a pointer over a hot spot (a mouse-over action). The Usenet post discusses creating a "pop-up" menu that appears on a mouse click. The implementation details in the '768 patent (see FIG. 4, steps 72, 74) emphasize the mouse-over-to-display functionality, which allows a user to "scan the information content... without linking to new web pages." The Dhabolt reference, focusing on a click-to-invoke menu, does not explicitly teach this scanning capability or the specific "embedded" nature of the menu appearing on a non-clicking action like a pointer-over event. This distinction, while narrow, is likely what allowed the claims of US 5,742,768 to be granted over this prior art.