Patent 8131597
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.
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Prior Art Analysis for U.S. Patent 8,131,597
Below is an analysis of the most relevant prior art references cited by the USPTO examiner during the prosecution of U.S. Patent 8,131,597. The analysis focuses on anticipation under 35 U.S.C. § 102, which requires that a single prior art reference disclose every element of a claimed invention. The earliest priority date for the '597 patent is June 20, 1995.
1. U.S. Patent 5,905,248: "Method and apparatus for using a universal product code to obtain information about a product from a computer network"
- Full Citation: U.S. Patent 5,905,248, filed by Russell et al., issued May 18, 1999.
- Filing Date: June 7, 1995.
- Brief Description: This patent describes a system where a user can scan the UPC barcode on a product using a barcode reader connected to a computer. The UPC is then used to query a remote database over a network (like the internet). The database contains information related to the product, such as nutritional facts, recipes, or coupons, which is then returned to the user's computer for display.
- Potential Anticipation Analysis:
- This reference is highly relevant as its filing date (June 7, 1995) predates the priority date of the '597 patent (June 20, 1995) and describes a very similar system.
- Claims 1, 12, 22, 27: The Russell patent appears to anticipate the core elements of all independent claims. It discloses (a) a user computing system machine-reading an index (scanning a UPC barcode), (b) transmitting the index to a remote server computer over a network, (c) the remote server using a database to look up information associated with the index, and (d) returning that information. The primary distinction is whether the returned information constitutes a "pointer" used to establish another communication link. Russell describes returning product information directly. However, if that information includes a hyperlink (a URL) that the user could click, it could be argued that Russell inherently teaches returning a "pointer." The process of a user computer receiving information from a server that includes a link to another information computer was a fundamental feature of web browsers at the time. Therefore, Russell presents a strong case for anticipating the claimed invention.
2. U.S. Patent 5,768,384: "System for communicating with a web-server"
- Full Citation: U.S. Patent 5,768,384, filed by Bittinger, issued June 16, 1998.
- Filing Date: June 7, 1995.
- Brief Description: Bittinger describes a system to simplify accessing web servers. It discloses using an alternative, often shorter or more user-friendly identifier, which is sent to an intermediate server. This server maintains a database that maps these identifiers to full, complex URLs. The server resolves the identifier to the correct URL and then either forwards the user's request to the target web server or returns the URL to the user's browser, which then makes a new request.
- Potential Anticipation Analysis:
- This reference, also filed before the '597 patent's priority date, teaches the crucial indirection step that is central to the '597 claims.
- Claims 1, 12, 22, 27: Bittinger clearly discloses the concept of a remote server (an "Internet server" or "information service") receiving an index (a "unique numeric or alphanumeric identifier") from a user, using a database ("a look-up table") to retrieve a corresponding pointer (a "complete URL"), and returning that pointer to the user's system to access a remote information computer (the "destination Web-server"). While Bittinger does not specify "machine-reading" the index, this input method was a well-known equivalent to manual entry for inputting identifiers at the time. Combining Bittinger's system with the known art of barcode scanning for data entry (as shown in the Obviousness analysis) would render the claims obvious. For anticipation, while Bittinger may not explicitly state the index comes from a barcode, it fully discloses the server-side methods (Claims 22, 27) and the overall system data flow (Claims 1, 12).
3. U.S. Patent 6,098,106: "Method of and system for uniform resource locator redirection"
- Full Citation: U.S. Patent 6,098,106, filed by Philyaw et al., issued August 1, 2000.
- Filing Date: October 28, 1996.
- Brief Description: This patent describes a system where a user scans a barcode (specifically a UPC) on an object to get an "item identifier." This identifier is transmitted to a "Net-based resolver" computer. The resolver looks up the identifier in a database to find a corresponding URL for a "Net-based information provider." The resolver then provides this URL to the user's computer, which uses it to connect to the information provider's site.
- Potential Anticipation Analysis:
- Although filed after the '597 patent's priority date, this patent is relevant as it was cited by the examiner and demonstrates the state of the art shortly after. It is not prior art under § 102 but helps to frame the context of the invention. Had its filing date been earlier, it would be a clear case of anticipation.
- Claims 1, 12, 22, 27: Philyaw discloses every element of the independent claims with remarkable specificity: a user computing system, a barcode scanner to machine-read a UPC (index), transmission of the index to a remote server (resolver), a database linking the index to a URL (pointer), and the use of that pointer to connect to a separate information computer. This reference highlights how the core idea of the '597 patent was being developed concurrently by others, reinforcing the argument for its obviousness at the time.
4. U.S. Patent 5,602,377: "System for interfacing a portable data carrier with a host computer"
- Full Citation: U.S. Patent 5,602,377, filed by Beller et al., issued February 11, 1997.
- Filing Date: March 28, 1995.
- Brief Description: This patent discloses a system where machine-readable codes (like barcodes) printed in documents, magazines, or on products can be scanned by a user. The scanned data can represent various types of information, including network addresses or commands. The system is designed to automatically dial a telephone number or launch a network connection to an information service based on the scanned code, linking a physical object to a remote data source.
- Potential Anticipation Analysis:
- With a filing date of March 28, 1995, this reference predates the '597 patent.
- Claims 1, 12: Beller appears to anticipate the user-side method and system claims. It teaches machine-reading a data carrier to get an index (the scanned code) and using that index to establish communication with a remote computer. While it doesn't explicitly describe the two-step "lookup" process (querying a server to get a pointer, then using the pointer), it describes a system where scanning a code directly leads to a connection with a remote information computer. Depending on the implementation details (e.g., if the scanned code was a short ID that was resolved by a dial-up service's server to a final destination), it could be argued to teach the full claimed method. At a minimum, it discloses using a machine-readable code on a physical object to initiate a network connection, which is a substantial part of the invention.
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