Obviousness

Obviousness Analysis of US Patent 7788272 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the independent claims (Claims 1 and 16) of US Patent 7788272 obvious to a person having ordinary skill in the art (POSITA) at the time of the invention (i.e., before the August 4, 2006, filing date). The analysis focuses on the motivations a POSITA would have had to combine these references to arrive at the claimed invention.

Independent Claims 1 and 16: Key Elements

For clarity, the essential elements of independent Claims 1 and 16 are recalled:

• A1/16.1: Assigning license rights to a customer site (e.g., a library).
• A1/16.2: Storing license rights and customer information at an access rights database for the customer site.
• A1/16.3: Receiving a search request for a search property from a user device associated with the customer site via a communications network.
• A1/16.4: Selecting a set of information sources corresponding to resource materials at the customer site.
• A1/16.5: Searching the accessible information sources with the search request (e.g., open-text searching) to identify documents with the search property.
• A1/16.6: Determining which documents the user has access rights to view based on stored license rights.
• A1/16.7: Delivering search results to the user device.
• A1/16.8: Allowing the user to select an information source from search results.
• A1/16.9: Determining the number of viewable copies of the information source for which the customer site has license rights (Claim 16 specifies rights associated with a customer ID and the database stores a list of information sources).
• A1/16.10: Determining the number of delivered copies currently used by other user devices associated with the customer site.
• A1/16.11: Providing a copy of the information source to the user device if the total (delivered + requested) does not exceed the license rights.

Obviousness Combination 1: US6385614B1 + General Knowledge of Open-Text Search + US20050063612A1

This combination would render Claims 1 and 16 obvious.

Primary Reference: US6385614B1 to Netlibrary Inc. ("Electronic bookshelf with multi-user features")

• Anticipated Elements: US6385614B1 describes an electronic library system that provides digital content, such as e-books, to multiple users. It explicitly includes "multi-user features" for managing access to copies of content, allowing multiple simultaneous users if licenses permit, or placing users in a queue. This reference directly teaches or makes obvious elements A1/16.1 (assigning license rights implicitly through managing content copies for multi-user access), A1/16.2 (storing license information in an access rights database), A1/16.6 (determining access rights based on licenses), A1/16.9 (determining viewable copies based on licenses), A1/16.10 (determining delivered copies being used by others), and A1/16.11 (providing conditional access and queuing). As an "electronic bookshelf," it inherently involves receiving search requests, selecting information sources, delivering search results, and allowing user selection (A1/16.3, A1/16.4, A1/16.7, A1/16.8).

Motivation to Combine with General Knowledge of Open-Text Search Technology:

• Known Problem: The background section of US7788272 itself highlights the limitations of traditional library searches (e.g., card catalog entries limited to title, author, subject) and states that "A system and method for full-text or multimedia searching of all of the information sources at a library is currently not available, but would greatly improve a library patron's ability to locate relevant resource materials." It further acknowledges that "Companies like Google™ and Yahoo™ have recently come out with search engines that are accessible over a communications network such as the internet. These search engines allow for multimedia and full-text searching of information sources that have been scanned and indexed."
• Obvious Solution: A POSITA, seeking to improve the search capabilities of an electronic library system like Netlibrary's (US6385614B1), would be motivated to integrate the then well-known "full-text" or "open-text" search engine technology. This would be a predictable application of existing technology to enhance the utility and user experience of searching digital content within an electronic library, moving beyond mere metadata searches to comprehensive content searches (A1/16.5).

Motivation to Combine with US20050063612A1 to Udi Manber ("Method and system for access to electronic images of text based on user ownership of corresponding physical text")

• Known Problem/Desire: US7788272 aims to provide a search service where searches are "limited to the actual set of information sources owned by or within a physical library," thereby "mimicking the behavior of a traditional card catalog."
• Obvious Solution: To achieve this specific limitation of searching content "corresponding to resource materials at the customer site" (A1/16.4), a POSITA would naturally turn to systems that link digital access to physical holdings or ownership. US20050063612A1 directly teaches a system that allows users to access electronic versions of text documents if they own the corresponding physical copies. This provides a clear motivation and methodology for defining the "set of information sources" at the "customer site" by correlating digital content with the library's physical inventory or licenses, thus addressing the specific emphasis on customer site-specific materials. This also supports the "customer identification" and "list of information sources" elements of Claim 16.

Overall Conclusion for Combination 1:
A POSITA would find it obvious to combine an existing electronic library system with multi-user and license management features (US6385614B1) with readily available open-text search technology (as acknowledged in US7788272's background) and a system for linking digital access to physical ownership (US20050063612A1). This combination would yield a system for performing open-text searches on information sources limited to a library's specific collection, while effectively managing concurrent user access based on licenses – covering all elements of Claims 1 and 16. The "library" context itself is well-established in the prior art, for instance, by US20070150442A1 ("Library services in communication networks").

Obviousness Combination 2: WO2005031526A2 + US6385614B1 + General Knowledge of Open-Text Search

This combination also renders Claims 1 and 16 obvious.

Primary Reference: WO2005031526A2 to Amazon.Com, Inc. ("Personalized searchable library based on user ownership")

• Anticipated Elements: This patent describes a system for providing a personalized searchable library of electronic documents, where access to documents is based on "user ownership of physical copies or digital licenses." It explicitly includes "searching" within a user-specific collection. This reference directly teaches or makes obvious elements A1/16.1 (assigning license rights via user ownership/licenses), A1/16.2 (storing license information in an access rights database), A1/16.3 (receiving search requests), A1/16.4 (selecting information sources based on user ownership), A1/16.5 (searching the sources), A1/16.6 (determining access rights based on ownership/licenses), A1/16.7 (delivering search results), and A1/16.8 (allowing user selection).

Motivation to Combine with US6385614B1 to Netlibrary Inc. ("Electronic bookshelf with multi-user features")

• Known Problem: While WO2005031526A2 covers personalized search and access based on ownership, it may not explicitly detail the comprehensive "concurrent user limitation" for copyrighted materials as claimed in US7788272 (A1/16.9-11). Managing simultaneous access to licensed content is a critical aspect of digital rights management, especially for shared resources like those in a library.
• Obvious Solution: A POSITA enhancing an online searchable library system (like Amazon's personalized library) would be motivated to incorporate robust copyright enforcement and resource management for shared content. US6385614B1 directly addresses this by teaching "multi-user features" for an electronic library, including managing "access to copies of content, allowing multiple simultaneous users if licenses permit, or placing users in a queue." Incorporating these established concurrent access and queuing mechanisms from Netlibrary's system into a personalized searchable library would be an obvious way to comply with licensing models and effectively manage shared digital resources.

Motivation to Combine with General Knowledge of Open-Text Search Technology:

• Known Problem/Desire & Obvious Solution: Similar to Combination 1, a POSITA would be motivated to improve the search capabilities of any digital library or content access system by integrating widely known "open-text search" technology (as generally known and discussed in US7788272's background). This would provide a more thorough and powerful search experience.

Overall Conclusion for Combination 2:
A POSITA would find it obvious to combine a personalized searchable library system that provides access based on user ownership/licenses (WO2005031526A2) with the specific concurrent user access control and queuing mechanisms of an electronic library system (US6385614B1). Further, to enhance the search functionality, the POSITA would incorporate known open-text search technology. This combination likewise results in a system that performs open-text searches on a defined set of information sources with robust license and concurrent access management, thus rendering Claims 1 and 16 obvious.

General Obviousness Considerations

• Predictable Results from Known Elements: The combinations proposed involve integrating existing technologies and functionalities (electronic library systems, search engines, license management, concurrent access control, and linking digital access to physical ownership). A POSITA would have a reasonable expectation of success in combining these known elements to achieve the predictable result of an enhanced, rights-compliant library search and access system.
• Solving a Known Problem: The patent itself identifies the problem of limited search options in traditional libraries and the inability to access full-text results online without copyright violation. The combinations address these known problems using known solutions.
• Routine Design Choices: Elements such as delivering search results as an enumerated list with selectable links, or using standard identifiers like ISBNs, are routine design choices and widely implemented user interface elements in database and online systems.