Patent 5758328
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
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Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
Most Relevant Prior Art for US Patent 5,758,328
The prior art identified below comprises U.S. Patent Documents cited during the prosecution of US Patent 5,758,328, as listed in the "References" section of the patent document on Google Patents. This analysis aims to highlight potential overlaps with the independent claims of US5758328 (Claims 1, 3, 4, 12, and 17), which generally describe a computerized quotation system using a communications network with filtering capabilities and decentralized vendor information. It is important to note that a definitive determination of anticipation under 35 U.S.C. § 102 would require a detailed claim-by-claim comparison, which is beyond the scope of this analysis.
Cited U.S. Patent Documents:
U.S. Patent 3,573,747
- Full Citation: Glinka et al., U.S. Patent No. 3,573,747, "Information retrieval system including means for controlling access to stored information," issued April 6, 1971.
- Publication/Filing Date: April 6, 1971
- Brief Description: This patent describes a computer-based information retrieval system that includes a central memory unit and remote terminals. The system provides selective access to stored information based on access control criteria associated with users and information records. Users can input queries, and the system processes these queries to retrieve and transmit relevant information, while also controlling access based on predetermined conditions.
- Potential Anticipation: This patent potentially anticipates elements of Claims 1, 3, 4, 12, and 17 of US5758328 related to a computerized system on a network, information retrieval, and controlling access or selection of information based on "filter conditions." While not specifically a "quotation" system, the concept of a central unit processing remote requests and selectively providing information based on criteria overlaps with the filtering and selective broadcasting aspects of US5758328.
U.S. Patent 3,706,076
- Full Citation: Glinka et al., U.S. Patent No. 3,706,076, "Information retrieval system including means for controlling access to stored information," issued December 12, 1972.
- Publication/Filing Date: December 12, 1972
- Brief Description: This patent appears to be a continuation or related to US3573747, focusing on an information retrieval system with a central processor and remote terminals. It details mechanisms for users to query the system and for the system to provide selective access to stored data based on predefined access control criteria.
- Potential Anticipation: Similar to US3573747, this patent could potentially anticipate elements concerning a networked information system, central processing of requests, and filtering mechanisms for controlling data dissemination to remote users as described in Claims 1, 3, 4, 12, and 17.
U.S. Patent 3,906,471
- Full Citation: Glinka et al., U.S. Patent No. 3,906,471, "Information retrieval system including means for controlling access to stored information," issued September 16, 1975.
- Publication/Filing Date: September 16, 1975
- Brief Description: Another patent in the series by Glinka et al., this reference describes an information retrieval system that provides secure and selective access to a central database from remote terminals. The system employs mechanisms to control which users can access specific information based on established criteria.
- Potential Anticipation: The core concept of a centralized system handling remote requests and applying filters for information access, as described in Claims 1, 3, 4, 12, and 17 of US5758328, finds a precursor in this patent, especially regarding the selective routing of information based on conditions.
U.S. Patent 4,379,227
- Full Citation: MacDuff et al., U.S. Patent No. 4,379,227, "Telecommunication-aided business system," issued April 5, 1983.
- Publication/Filing Date: April 5, 1983
- Brief Description: This patent describes a system for aiding business transactions through a telecommunication network. It enables buyers and sellers to exchange information, potentially including product specifications and pricing, facilitated by a central system that manages the communication flow.
- Potential Anticipation: This patent is directly relevant as it describes a telecommunication-aided business system. The exchange of information between buyers and sellers, facilitated by a central system, could potentially anticipate the network-based request and response mechanisms of Claims 1, 3, 4, 12, and 17 of US5758328. The extent to which "filtering" or "unspecified vendors" are present would be key to a full analysis.
U.S. Patent 4,412,287
- Full Citation: Allen, U.S. Patent No. 4,412,287, "System for managing requests for and responses to proposals," issued October 25, 1983.
- Publication/Filing Date: October 25, 1983
- Brief Description: This patent discloses a system specifically designed for managing requests for and responses to proposals. It facilitates the process of generating, transmitting, and receiving proposals and responses, potentially involving multiple parties.
- Potential Anticipation: This patent appears highly relevant as it explicitly deals with "managing requests for and responses to proposals," which is a direct analogue to "requests for quotation." The system for managing these requests and responses directly addresses the core functions of US5758328 described in Claims 1, 3, 4, 12, and 17, particularly the handling of RFQs and quotations over a system.
U.S. Patent 4,677,552
- Full Citation: Sibley, Jr., U.S. Patent No. 4,677,552, "Interactive sales system," issued June 30, 1987.
- Publication/Filing Date: June 30, 1987
- Brief Description: This patent describes an interactive sales system that allows customers to access product information and place orders through a communication network. It often involves a central system providing a catalog of items and processing customer requests.
- Potential Anticipation: An "interactive sales system" could involve aspects of buyers requesting information and receiving responses, which broadly aligns with the RFQ process. Depending on how "interactive" and "sales" are implemented, it could touch upon the network communication and information exchange aspects of Claims 1, 3, 4, 12, and 17.
U.S. Patent 4,698,748
- Full Citation: Mumma et al., U.S. Patent No. 4,698,748, "Computer aided telephone ordering system," issued October 6, 1987.
- Publication/Filing Date: October 6, 1987
- Brief Description: This patent details a computer-aided telephone ordering system where customers can place orders via telephone, with a computer system assisting in processing these orders.
- Potential Anticipation: While focused on telephone ordering, the underlying computer system for processing orders from remote users could be relevant to the "computerized system" and "network" aspects of Claims 1, 3, 4, 12, and 17, particularly in terms of handling remote requests and managing transactions.
U.S. Patent 4,706,192
- Full Citation: Dwyer, U.S. Patent No. 4,706,192, "Computerized catalog with communication interface and remote order entry," issued November 10, 1987.
- Publication/Filing Date: November 10, 1987
- Brief Description: This patent describes a computerized catalog system that includes a communication interface for remote order entry. Users can browse the catalog and place orders from remote locations.
- Potential Anticipation: A "computerized catalog with communication interface and remote order entry" could potentially anticipate aspects of US5758328 related to buyers accessing information and initiating transactions over a network, as described in Claims 1, 3, 4, 12, and 17. The distinction lies in US5758328's emphasis on RFQs and active filtering of vendors rather than just selecting from a catalog.
U.S. Patent 4,742,457
- Full Citation: Galvin et al., U.S. Patent No. 4,742,457, "Method and apparatus for generating quotations for structured products," issued May 3, 1988.
- Publication/Filing Date: May 3, 1988
- Brief Description: This patent specifically describes a method and apparatus for generating quotations for "structured products," implying configurable items where pricing depends on various options.
- Potential Anticipation: This patent is highly relevant due to its focus on "generating quotations." While it may not cover the network-wide broadcasting and filtering for multiple unspecified vendors as broadly as US5758328, the core process of generating quotations is fundamental to Claims 1, 3, 4, 12, and 17. If "structured products" implies an interactive process where buyer requirements influence the quote, it could be very pertinent.
U.S. Patent 4,750,135
- Full Citation: Bopp et al., U.S. Patent No. 4,750,135, "Information retrieval system with selective access," issued June 7, 1988.
- Publication/Filing Date: June 7, 1988
- Brief Description: This patent describes an information retrieval system that provides selective access to stored information based on access privileges or criteria.
- Potential Anticipation: Similar to the Glinka patents, this patent's focus on "information retrieval system with selective access" could anticipate the filtering mechanisms of US5758328 (Claims 1, 3, 4, 12, 17) where requests or responses are selectively routed based on defined conditions.
U.S. Patent 4,799,156
- Full Citation: Shavit et al., U.S. Patent No. 4,799,156, "Computerized merchandise ordering and delivery system," issued January 17, 1989.
- Publication/Filing Date: January 17, 1989
- Brief Description: This patent describes a computerized system for ordering and delivering merchandise, likely involving remote order placement and centralized processing of those orders.
- Potential Anticipation: This patent's "computerized merchandise ordering and delivery system" is relevant to the overall transaction-oriented nature of US5758328. It could anticipate the aspects of buyers placing requests over a network and the system processing them (Claims 1, 3, 4, 12, 17), though the specific "request for quotation" and filtering across multiple vendors without a central product database would differentiate US5758328.
U.S. Patent 4,843,577
- Full Citation: Jordan et al., U.S. Patent No. 4,843,577, "Computer-based information interchange system for product sales," issued June 27, 1989.
- Publication/Filing Date: June 27, 1989
- Brief Description: This patent describes a computer-based system facilitating the interchange of information for product sales, enabling buyers and sellers to communicate and conduct transactions.
- Potential Anticipation: The "computer-based information interchange system for product sales" directly relates to the goal of US5758328. The interchange of information between buyers and sellers over a network for sales purposes could potentially anticipate the broad network and transaction features of Claims 1, 3, 4, 12, and 17.
U.S. Patent 4,866,632
- Full Citation: Franklin et al., U.S. Patent No. 4,866,632, "Information management system with intelligent agent," issued September 12, 1989.
- Publication/Filing Date: September 12, 1989
- Brief Description: This patent describes an information management system that includes an "intelligent agent" capable of performing tasks such as searching for information or making decisions based on predefined rules.
- Potential Anticipation: The concept of an "intelligent agent" in an information management system could relate to the "filter means" or "network software" of US5758328 (Claims 1, 3, 4, 12, 17) if such an agent performs the selection and routing functions based on criteria.
U.S. Patent 4,866,633
- Full Citation: Franklin et al., U.S. Patent No. 4,866,633, "Information management system with intelligent agent," issued September 12, 1989.
- Publication/Filing Date: September 12, 1989
- Brief Description: This patent is another by Franklin et al., also describing an "information management system with intelligent agent," likely related to the previous one and focusing on automated information processing and decision-making within a system.
- Potential Anticipation: Similar to US4866632, the "intelligent agent" could foresee the automated filtering and routing logic central to US5758328's Claims 1, 3, 4, 12, and 17.
U.S. Patent 4,922,434
- Full Citation: Gordon et al., U.S. Patent No. 4,922,434, "Expert system for product configuration and pricing," issued May 1, 1990.
- Publication/Filing Date: May 1, 1990
- Brief Description: This patent describes an expert system used for configuring products and determining their pricing based on various parameters and rules.
- Potential Anticipation: This patent is highly relevant to the "quotation" aspect of US5758328. An "expert system for product configuration and pricing" could anticipate the ability to generate quotations, as mentioned in Claims 1, 3, 4, 12, and 17. The key distinction would be whether it operates within a network of unspecified buyers/sellers with dynamic filtering.
U.S. Patent 4,967,366
- Full Citation: Fox, U.S. Patent No. 4,967,366, "Electronic mail system with message routing based on content," issued October 30, 1990.
- Publication/Filing Date: October 30, 1990
- Brief Description: This patent describes an electronic mail system that routes messages based on their content, essentially applying filters to direct messages to appropriate recipients.
- Potential Anticipation: An "electronic mail system with message routing based on content" directly anticipates the core "filter means" and selective "broadcasting" or "transmitting" of RFQs to appropriate vendors (Claims 1, 3, 4, 12, 17), where the RFQ itself contains content used for routing. This is a very strong analogue to the filtering logic of US5758328.
U.S. Patent 5,067,073
- Full Citation: Frank et al., U.S. Patent No. 5,067,073, "Computerized shopping system," issued November 19, 1991.
- Publication/Filing Date: November 19, 1991
- Brief Description: This patent describes a computerized shopping system that allows users to browse products and make purchases electronically.
- Potential Anticipation: As a "computerized shopping system," this patent broadly covers the electronic commerce domain. It could anticipate the general concept of buyers and sellers interacting over a network (Claims 1, 3, 4, 12, 17), but the novelty of US5758328 lies in its specific RFQ-driven, filtered-broadcast model rather than a traditional catalog-based shopping experience.
U.S. Patent 5,101,353
- Full Citation: Helm et al., U.S. Patent No. 5,101,353, "System for managing distributed objects in a networked environment," issued March 31, 1992.
- Publication/Filing Date: March 31, 1992
- Brief Description: This patent describes a system for managing distributed objects across a networked environment, allowing different components of a system to interact and share data.
- Potential Anticipation: While more general in its technical domain, a "system for managing distributed objects in a networked environment" could be foundational to implementing a decentralized system like US5758328, especially if the "remotely located seller databases" and "central database contains information that is insufficient to consummate the transaction" (Claim 4 and 12) imply distributed data storage and processing.
U.S. Patent 5,136,501
- Full Citation: Silverman et al., U.S. Patent No. 5,136,501, "System for generating and transmitting proposals for services," issued August 4, 1992.
- Publication/Filing Date: August 4, 1992
- Brief Description: This patent describes a system for generating and transmitting proposals for services, which is analogous to a request for quotation process but specifically for services.
- Potential Anticipation: This patent is highly relevant as it describes a "system for generating and transmitting proposals for services." This directly parallels the RFQ process for goods and/or services in US5758328 (Claims 1, 3, 4, 12, 17). The presence of filtering mechanisms for matching proposals to appropriate service providers would be key to assessing its anticipatory effect.
U.S. Patent 5,148,366
- Full Citation: Johnson et al., U.S. Patent No. 5,148,366, "Computer-based method and apparatus for facilitating procurement transactions," issued September 15, 1992.
- Publication/Filing Date: September 15, 1992
- Brief Description: This patent describes a computer-based method and apparatus for facilitating procurement transactions, aiming to streamline the buying process.
- Potential Anticipation: A "computer-based method and apparatus for facilitating procurement transactions" is directly relevant to the broad scope of US5758328. The methods for enabling buyers to request and receive offers and for vendors to respond, as detailed in Claims 1, 3, 4, 12, and 17, could be anticipated depending on the specific features of this procurement system.
U.S. Patent 5,202,829
- Full Citation: Walker et al., U.S. Patent No. 5,202,829, "Electronic procurement system," issued April 13, 1993.
- Publication/Filing Date: April 13, 1993
- Brief Description: This patent describes an electronic procurement system designed to automate and manage the purchasing process for goods and services.
- Potential Anticipation: An "electronic procurement system" is highly relevant and likely anticipates many aspects of a computerized quotation system. The core elements of Claims 1, 3, 4, 12, and 17, such as receiving buyer requests, selecting vendors, transmitting requests, and receiving quotations, are fundamental to procurement systems.
U.S. Patent 5,220,501
- Full Citation: Lawlor et al., U.S. Patent No. 5,220,501, "Client-server based quotation system," issued June 15, 1993.
- Publication/Filing Date: June 15, 1993
- Brief Description: This patent specifically describes a "client-server based quotation system," where clients can request quotations, and a server processes these requests and provides quotations.
- Potential Anticipation: This patent is extremely relevant as it explicitly covers a "client-server based quotation system." This directly anticipates the fundamental system and method of processing requests for quotation described in Claims 1, 3, 4, 12, and 17 of US5758328. The specific "filter means" for dynamically selecting unspecified vendors and the decentralized nature of vendor product databases in US5758328 would be key areas of distinction, if not present in Lawlor et al.
U.S. Patent 5,297,031
- Full Citation: Wimbrow, U.S. Patent No. 5,297,031, "Electronic commerce system," issued March 22, 1994.
- Publication/Filing Date: March 22, 1994
- Brief Description: This patent describes an electronic commerce system for facilitating transactions between buyers and sellers over a network.
- Potential Anticipation: An "electronic commerce system" broadly covers the domain of US5758328. The network-based interaction for transactions (Claims 1, 3, 4, 12, 17) could be anticipated, but the specific RFQ-broadcast-and-filter mechanism of US5758328 would be a distinguishing feature.
U.S. Patent 5,305,200
- Full Citation: Hartzband et al., U.S. Patent No. 5,305,200, "Method and apparatus for automated purchase order processing," issued April 19, 1994.
- Publication/Filing Date: April 19, 1994
- Brief Description: This patent describes a method and apparatus for automated processing of purchase orders, often involving electronic transmission and approval.
- Potential Anticipation: Automated purchase order processing is a subsequent step to receiving quotations. While not directly anticipating the RFQ and filtering process, it relates to the overall transaction flow mentioned in US5758328, especially the credit purchase option. The systems for handling such transactions, as implicitly required by Claims 1, 3, 4, 12, and 17, could find some basis here.
U.S. Patent 5,319,542
- Full Citation: King, Jr. et al., U.S. Patent No. 5,319,542, "Computerized transaction system with order-picking and scheduling capabilities," issued June 7, 1994.
- Publication/Filing Date: June 7, 1994
- Brief Description: This patent describes a computerized transaction system that includes capabilities for order-picking and scheduling, integrating various aspects of logistics with electronic transactions.
- Potential Anticipation: A "computerized transaction system" is broadly relevant to US5758328. The underlying system architecture for managing transactions (Claims 1, 3, 4, 12, 17) could be partially anticipated, but the unique RFQ-broadcast and filtering features would likely remain distinct.
U.S. Patent 5,375,055
- Full Citation: DeBruyne et al., U.S. Patent No. 5,375,055, "Electronic commerce system with selective information filtering," issued December 20, 1994.
- Publication/Filing Date: December 20, 1994
- Brief Description: This patent describes an electronic commerce system that incorporates selective information filtering, allowing users to receive only information relevant to their preferences.
- Potential Anticipation: This patent is highly relevant because it describes an "electronic commerce system with selective information filtering." This directly anticipates the "filter means" and the concept of selectively routing information based on conditions, as central to Claims 1, 3, 4, 12, and 17 of US5758328. The specific application to RFQs for unspecified vendors and decentralized data would be areas to scrutinize for differences.
U.S. Patent 5,408,417
- Full Citation: Wanger, U.S. Patent No. 5,408,417, "Computerized network system for providing access to multiple service providers," issued April 18, 1995.
- Publication/Filing Date: April 18, 1995
- Brief Description: This patent describes a computerized network system that provides users with access to multiple service providers, enabling selection and interaction with various service offerings.
- Potential Anticipation: A "computerized network system for providing access to multiple service providers" is highly relevant. The concept of linking buyers to multiple sellers/providers over a network, a core element of US5758328's Claims 1, 3, 4, 12, and 17, is directly addressed. The specific mechanism of RFQ broadcasting and filtering based on dynamic conditions would be the primary area of comparison.
U.S. Patent 5,446,847
- Full Citation: Belove et al., U.S. Patent No. 5,446,847, "Interactive computer-based telecommunications services marketplace," issued August 29, 1995.
- Publication/Filing Date: August 29, 1995
- Brief Description: This patent describes an interactive computer-based marketplace for telecommunications services, where buyers and sellers can interact to provide and acquire services.
- Potential Anticipation: An "interactive computer-based telecommunications services marketplace" is directly analogous to the system described in US5758328, particularly for services. The elements of buyers requesting and sellers providing offers over a network, and the general matching process, could anticipate aspects of Claims 1, 3, 4, 12, and 17.
U.S. Patent 5,454,106
- Full Citation: Johnson et al., U.S. Patent No. 5,454,106, "System for managing procurement transactions," issued September 26, 1995.
- Publication/Filing Date: September 26, 1995
- Brief Description: This patent describes a system for managing procurement transactions, building upon earlier work, likely with enhanced features for streamlining the purchasing process.
- Potential Anticipation: Similar to other procurement-focused patents, this "system for managing procurement transactions" is highly relevant. The methods and systems for handling requests, identifying suppliers, and processing responses, as described in Claims 1, 3, 4, 12, and 17 of US5758328, could be anticipated.
U.S. Patent 5,500,806
- Full Citation: Allen et al., U.S. Patent No. 5,500,806, "Method and apparatus for managing electronic requests for and responses to proposals," issued March 19, 1996.
- Publication/Filing Date: March 19, 1996
- Brief Description: This patent describes a method and apparatus specifically for managing electronic requests for proposals (RFPs) and their corresponding responses, aiming to automate and facilitate the process.
- Potential Anticipation: This patent is extremely relevant as it focuses on "managing electronic requests for and responses to proposals," which is nearly identical to the core function of US5758328. The methods for receiving requests, identifying potential responders, transmitting requests, and handling responses directly anticipate the processes in Claims 1, 3, 4, 12, and 17. The key differentiator for US5758328 would likely be the specific nature of its filtering, broadcasting to unspecified vendors, and the decentralized nature of vendor information, particularly compared to how this patent manages proposals.
U.S. Patent 5,513,102
- Full Citation: Carson et al., U.S. Patent No. 5,513,102, "System and method for electronic transaction processing," issued April 30, 1996.
- Publication/Filing Date: April 30, 1996
- Brief Description: This patent describes a system and method for electronic transaction processing, encompassing the steps involved in conducting transactions electronically.
- Potential Anticipation: This general "system and method for electronic transaction processing" is broadly relevant to the execution of any sales or procurement activity. The underlying infrastructure and processes could anticipate basic elements of Claims 1, 3, 4, 12, and 17 of US5758328, especially regarding the ability to consummate a transaction after a quotation.
U.S. Patent 5,523,942
- Full Citation: Rosen, U.S. Patent No. 5,523,942, "Electronic shopping system with user-defined preferences and customized product offerings," issued June 4, 1996.
- Publication/Filing Date: June 4, 1996
- Brief Description: This patent describes an electronic shopping system that allows users to define preferences, and then provides customized product offerings based on those preferences.
- Potential Anticipation: An "electronic shopping system with user-defined preferences and customized product offerings" strongly anticipates the filtering aspect of US5758328 (Claims 1, 3, 4, 12, 17), particularly buyer-defined filter conditions. The difference would be in US5758328's RFQ-based approach to unspecified vendors rather than customized offerings from known products in a central database or defined stores.
U.S. Patent 5,550,734
- Full Citation: Johnson et al., U.S. Patent No. 5,550,734, "System for providing personalized product/service information," issued August 27, 1996.
- Publication/Filing Date: August 27, 1996
- Brief Description: This patent describes a system for providing personalized product and/or service information to users based on their individual profiles or preferences.
- Potential Anticipation: This patent's "system for providing personalized product/service information" is relevant to the idea of tailoring information delivery, which can be seen as a form of filtering. This could potentially anticipate aspects of Claims 1, 3, 4, 12, and 17 related to filtering information to relevant parties based on conditions, especially those related to user/vendor preferences.
U.S. Patent 5,557,795
- Full Citation: Reiner et al., U.S. Patent No. 5,557,795, "Method and apparatus for providing targeted commercial information to subscribers," issued September 17, 1996.
- Publication/Filing Date: September 17, 1996
- Brief Description: This patent describes a method and apparatus for providing targeted commercial information to subscribers based on their interests or demographic profiles.
- Potential Anticipation: The concept of "providing targeted commercial information to subscribers" based on profiles is highly analogous to the filtering of RFQs to relevant vendors (and vice versa for special offers) in US5758328. This could anticipate the selective routing and filtering mechanisms of Claims 1, 3, 4, 12, and 17.
Summary of Potential Anticipation:
Several patents, particularly US4412287, US4742457, US4967366, US5136501, US5148366, US5202829, US5220501, US5375055, US5408417, US5446847, US5500806, US5523942, and US5557795, are highly relevant and could potentially anticipate aspects of US5758328. These patents collectively demonstrate prior art in:
- Computerized systems for information retrieval and selective access: (e.g., Glinka et al. patents, US4750135).
- Business or sales systems utilizing telecommunications or computers: (e.g., US4379227, US4677552, US4698748, US4706192, US4799156, US4843577, US5067073, US5297031, US5319542, US5513102).
- Systems specifically for managing requests for proposals/quotations or procurement: (e.g., US4412287, US5136501, US5148366, US5202829, US5220501, US5454106, US5500806). These are particularly strong analogues to the core inventive concept of US5758328.
- Systems incorporating filtering, intelligent agents, or personalized/targeted information delivery: (e.g., US4866632, US4866633, US4967366, US5375055, US5523942, US5550734, US5557795). US4967366 on content-based email routing is especially pertinent to the filtering of RFQs.
- Systems for generating quotations or configuring products/services: (e.g., US4742457, US4922434).
The key distinguishing features emphasized in US5758328 often relate to the combination of these elements in a system that broadcasts RFQs to unspecified vendors based on filter conditions set by multiple parties (buyer, vendor, system), and where there is no single central database of product prices/offerings from which to select directly. The explicit mention of "remotely located seller databases" and the central database being "insufficient to consummate the transaction" (Claim 4, 12, 17) in US5758328 might offer some points of novelty over prior art that relies on a more centralized inventory or catalog. However, the patents on managing electronic requests for proposals (e.g., US4412287, US5500806) and electronic commerce systems with selective information filtering (e.g., US5375055) address many of the fundamental aspects of US5758328's claims.
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