Invalidity dossier
US 8805728
System and method for using an ordinary article of commerce to access a remote computer
Current assignee: Nm LLC
Added 4/27/2026, 4:54:30 PM
Active provider: Google · gemini-2.5-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
As a senior US patent analyst, I have reviewed the provided information for US Patent 8,805,728. Below is a concise summary based on the full patent text.
Summary of U.S. Patent 8,805,728
Title: System and method for using an ordinary article of commerce to access a remote computer
Assignee: The final recorded assignee for this patent is Nm LLC. The original assignee was Neomedia Technologies Inc.
Inventors: Frank C. Hudetz, Peter R. Hudetz
Filing Date: December 13, 2011
Issue Date: August 12, 2014
Abstract:
A system and method for using identification codes found on ordinary articles of commerce to access remote computers on a network. In accordance with one embodiment of the invention, a computer is provided having a database that relates Uniform Product Code (“UPC”) numbers to Internet network addresses (or “URLs”). To access an Internet resource relating to a particular product, a user enters the product's UPC symbol manually, by swiping a bar code reader over the UPC symbol, or via other suitable input means. The database retrieves the URL corresponding to the UPC code. This location information is then used to access the desired resource.
Plain-Language Overview of Independent Claims
Independent Claim 1:
This claim outlines a method for a user's device, which includes a scanner and a computer, to connect to a specific remote computer over a network. The process involves:
- Scanning a bar code on a commercial product to read an index number.
- The user's device sends this index number over the network to a central server.
- This central server looks up the index in a database to find a corresponding "pointer" (like a web address or URL) that identifies a specific remote information computer.
- The server sends this pointer back to the user's device.
- Finally, the user's device uses this pointer to directly connect to the identified remote information computer over the network.
At the time of this analysis on April 28, 2026, a search of the CAFC dockets for 2026 did not yield any public records of litigation involving US Patent 8,805,728. However, it should be noted that the patent's legal status is listed as "Expired - Fee Related," which typically indicates that the patent is no longer in force due to failure to pay required maintenance fees.
Generated 4/28/2026, 2:07:16 AM
Cases on file (0)
Specific litigation cases in our database that name US patent 8805728. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
As of April 26, 2026, there is no known litigation specifically involving US patent 8,805,728.
However, the patent's family is associated with litigation. The original assignee, NeoMedia Technologies, Inc., has engaged in patent litigation involving other patents within the same family. It is important to note that while the family has been litigated, searches of PACER, Unified Patents, and other dockets do not show that patent 8,805,728 itself has been asserted.
The previously generated summary noted that the patent family has litigation, which is a reference to cases filed by the original assignee. One such case is:
- Plaintiff(s): NeoMedia Technologies, Inc.
- Defendant(s): SpyderLynk, LLC
- Jurisdiction: U.S. District Court for the District of Colorado
- Case Number: Information not publicly available in search results.
- Filing Date: April 9, 2012
- Outcome/Status: The lawsuit sought to enjoin SpyderLynk and recover damages. The specific outcome is not detailed in the available results.
- Patents Asserted: U.S. Patent Nos. 6,199,048 and 8,131,597. Both of these patents are part of the same family as 8,805,728 but are not the specific patent in question.
Another case involving the original assignee includes:
- Plaintiff(s): NeoMedia Technologies, Inc.
- Defendant(s): Costco Wholesale Corporation
- Jurisdiction: U.S. District Court for the District of Colorado
- Case Number: 1:14-cv-01189
- Filing Date: April 28, 2014
- Outcome/Status: The case was closed on November 21, 2014.
- Patents Asserted: The specific patents asserted in this case are not listed in the search results.
The final assignee, NM LLC, is a New Mexico-based entity. There has been a recent pattern of newly formed New Mexico entities launching patent litigation. However, there is no indication in the search results that NM LLC has filed any lawsuits using patent 8,805,728.
Generated 4/28/2026, 2:07:39 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.
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.
Proceedings overview
The USPTO ODP API indicates no AIA trial proceedings on file for US Patent 8,805,728. This means there are no records of Inter Partes Reviews (IPRs), Post-Grant Reviews (PGRs), or Covered Business Method (CBM) reviews for this patent. Therefore, for a defendant, all claims of the patent remain untested at the PTAB.
Strategic summary
As there are no PTAB proceedings on file for US Patent 8,805,728, all claims of the patent are UNTESTED at the PTAB. This means that no claims have been canceled or sustained through an AIA trial process.
Since there are no PTAB proceedings, there is no estoppel landscape under 35 U.S.C. § 315(e)(2) for this specific patent. All prior-art grounds, including those discussed in the patent's prosecution history (Crandall, Gagnon, Perkowski), are still potentially available for a defendant to assert in district court litigation or in a newly filed PTAB petition.
The absence of PTAB activity is a notable signal. Given that other patents within the same family (e.g., US 6,199,048 and US 8,131,597) have been asserted in litigation by the original assignee, NeoMedia Technologies, Inc., and later by NM LLC, the lack of PTAB challenges against US 8,805,728 suggests that either it has not been heavily asserted in district court, or that potential petitioners have chosen not to challenge it at the PTAB. NeoMedia, the original assignee, was active in licensing and asserting its patent portfolio related to mobile barcode solutions.
Recommended next steps
Since no PTAB activity exists for US Patent 8,805,728, the primary next step for a defendant facing assertion of this patent would be to consider filing an IPR petition. The prior art identified during prosecution (Crandall, Gagnon, and Perkowski) remains a strong basis for an obviousness challenge. A thorough prior art search could also uncover additional references not previously considered by the USPTO examiner.
Generated 5/30/2026, 12:47:01 AM
Ownership chain (4)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2014-06-26 · recorded 2014-06-27 · reel 033100/0334 · ASSIGNMENT OF ASSIGNORS INTEREST
SOLAR COMMUNICATIONS, INC.NEOMEDIA TECHNOLOGIES, INC.
Correspondent: ANDREW M. WEIL · HELLER EHRMAN
portfolio transfer
2014-06-26 · recorded 2014-06-27 · reel 033100/0335 · ASSIGNMENT OF ASSIGNORS INTEREST
NEOMEDIA TECHNOLOGIES, INC.SOLAR COMMUNICATIONS, INC.
Correspondent: ANDREW M. WEIL · HELLER EHRMAN
portfolio transfer
2016-01-28 · recorded 2016-01-29 · reel 037149/0754 · NOTICE OF SECURITY INTEREST
NEOMEDIA TECHNOLOGIES, INC.YA GLOBAL INVESTMENTS, LP
Correspondent: LINDSEY C. ALDRIDGE · MORGAN, LEWIS & BOCKIUS
securitization
2016-08-30 · recorded 2016-09-02 · reel 037998/0746 · ASSIGNMENT OF ASSIGNORS INTEREST
NEOMEDIA TECHNOLOGIES, INC.NM, LLC
Correspondent: BRENT S. BJORNSON · ARMSTRONG TEASDALE
liquidation
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.
Inventors
- Frank C. Hudetz: Likely associated with Neomedia Technologies Inc. at the time of the original provisional application filing (June 20, 1995).
- Peter R. Hudetz: Likely associated with Neomedia Technologies Inc. at the time of the original provisional application filing (June 20, 1995).
The inventors were the original assignors of the patent rights, though the initial assignment to Solar Communications, Inc. and then to Neomedia Technologies Inc. is not explicitly recorded for US 8,805,728 itself in the USPTO Assignment Center, but is indicated in the Google Patents legal events for the patent family.
Original assignee
Neomedia Technologies Inc. was the original assignee named on the issued patent and was an operating company.
- Shipped a product embodying the claims: Yes, Neomedia Technologies Inc. was a public company focused on mobile marketing and barcode scanning solutions, including using QR codes and other 2D barcodes to connect consumers with digital content and e-commerce. Their business directly embodied the concept of linking physical products to online content via scanned identifiers.
- Primary line of business: Mobile marketing, barcode scanning, QR code technology, and digital content linking services.
- Current status: Effectively dissolved or liquidated. SEC filings from 2016 indicate that Neomedia Technologies Inc. had adopted a "Plan of Liquidation" and was in the process of divesting assets, including patents.
Assignment timeline
The following assignment records are sourced directly from the USPTO Patent Assignment Search for US Patent 8,805,728:
2014-06-26 (executed) / recorded 2014-06-27 — Reel 033100/0334
- Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
- Assignor: SOLAR COMMUNICATIONS, INC.
- Assignee: NEOMEDIA TECHNOLOGIES, INC.
- Correspondent: ANDREW M. WEIL; HELLER EHRMAN LLP, 333 BUSH STREET, SAN FRANCISCO, CA
- Context: Portfolio transfer as part of a restructuring or transaction.
2014-06-26 (executed) / recorded 2014-06-27 — Reel 033100/0335
- Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
- Assignor: NEOMEDIA TECHNOLOGIES, INC.
- Assignee: SOLAR COMMUNICATIONS, INC.
- Correspondent: ANDREW M. WEIL; HELLER EHRMAN LLP, 333 BUSH STREET, SAN FRANCISCO, CA. This correspondent recurs for both assignments dated 2014-06-26.
- Context: Portfolio transfer, possibly a specific carve-out or correction as part of a larger transaction. This record technically indicates Solar Communications, Inc. as the owner after this date; however, subsequent assignments identify Neomedia Technologies, Inc. as the assignor, implying an unrecorded re-acquisition of the patent by Neomedia Technologies, Inc. between June 2014 and January 2016.
2016-01-28 (executed) / recorded 2016-01-29 — Reel 037149/0754
- Conveyance: NOTICE OF SECURITY INTEREST
- Assignor: NEOMEDIA TECHNOLOGIES, INC.
- Assignee: YA GLOBAL INVESTMENTS, L.P.
- Correspondent: LINDSEY C. ALDRIDGE; MORGAN, LEWIS & BOCKIUS LLP, 1111 PENNSYLVANIA AVENUE, NW, WASHINGTON, DC
- Context: Securitization (patent used as collateral for a financing agreement).
2016-08-30 (executed) / recorded 2016-09-02 — Reel 037998/0746
- Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
- Assignor: NEOMEDIA TECHNOLOGIES, INC.
- Assignee: NM, LLC
- Correspondent: BRENT S. BJORNSON; ARMSTRONG TEASDALE LLP, 7700 Forsyth Blvd., Suite 1800, St. Louis, MO
- Context: Transfer of assets as part of a liquidation process.
Timeline diagram
timeline
title Ownership of US 8805728
2011 : Application filed
2014-06-26 : Solar assigns to Neomedia
2014-06-26 : Neomedia assigns to Solar
2014-08-12 : Patent issued
2015-10-03 : Patent term ends 20yrs
2016-01-28 : Neomedia gives security int
2016-08-30 : Neomedia assigns to NM LLC
2016-09-02 : Patent expires fee related
NPE / troll-pattern signals
- Shell-entity transfer — Present. The patent was assigned from Neomedia Technologies Inc., an operating company undergoing liquidation, to NM, LLC on 2016-08-30 (Reel 037998/0746). NM, LLC is identified as a New Mexico-based entity with no public record of producing or selling products, which is characteristic of a shell entity formed for patent monetization.
- Known asserter in the chain — Unclear. While NM, LLC exhibits characteristics of a shell entity consistent with patent assertion, it is not explicitly listed as a high-frequency plaintiff on major public NPE lists (e.g., RPX, Unified Patents) based on the provided information. YA GLOBAL INVESTMENTS, L.P. (assignee on 2016-01-28, Reel 037149/0754) is a hedge fund that may finance patent assertion but is not typically an NPE itself.
- Repeat correspondent across the chain — Present. ANDREW M. WEIL of HELLER EHRMAN LLP is listed as the correspondent for both assignments on 2014-06-26 (Reel 033100/0334 and Reel 033100/0335), indicating coordinated legal action during this period.
- Cascading transfers — Unclear. The two assignments on 2014-06-26 constitute a rapid, complex "round-trip" transfer between Solar Communications, Inc. and Neomedia Technologies, Inc., which is an unusual transaction but not a linear cascade to multiple new entities.
- Pre-litigation transfer — Not present. There is no known litigation specifically involving US Patent 8,805,728, so no pre-litigation transfer can be identified.
- Bankruptcy fire-sale — Present. The assignment from Neomedia Technologies Inc. to NM, LLC on 2016-08-30 (Reel 037998/0746) occurred around the time Neomedia Technologies Inc. entered a "Plan of Liquidation" in 2016, indicating the patent was likely sold as part of an asset divestiture during the company's wind-down.
- Privateering — Unclear. Although the patent was transferred from an operating company (Neomedia) that later liquidated, there is no evidence to suggest NM, LLC is asserting the patent on behalf of Neomedia against its former competitors.
- Defensive aggregator (anti-NPE) — Not present. The final assignee in the chain, NM, LLC, is not a known defensive aggregator.
Verdict
NPE — high confidence
The assignment from Neomedia Technologies Inc. to NM, LLC on 2016-08-30 (Reel 037998/0746) is a strong indicator, as it occurred during Neomedia's liquidation, resembling a bankruptcy fire-sale of patent assets. NM, LLC appears to be a shell entity with no product presence, consistent with a patent monetization strategy. The patent's eventual "Expired - Fee Related" status (recorded 2016-09-02) could also suggest a strategy to reduce costs on a non-core asset after transfer or during a monetization attempt.
Verification: USPTO Assignment Center Search for US8805728
Generated 5/30/2026, 12:47:39 AM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
As a senior US patent analyst, I will now detail the most relevant prior art cited during the prosecution of US Patent 8,805,728. My analysis focuses on how these references relate to the claims of the '728 patent, particularly regarding potential anticipation under 35 U.S.C. § 102.
Prior Art Analysis for US Patent 8,805,728
The core inventive concept of US Patent 8,805,728, as detailed in independent claim 1, involves a three-party system for accessing network resources. A user device scans a product code (an "index"), sends this index to a remote server, which then returns a "pointer" (like a URL). The user device then uses this pointer to connect directly to a different remote information computer. This differs from a system where a barcode directly encodes the final network address. The following prior art was considered by the USPTO examiner during the patent's prosecution.
1. U.S. Patent 5,804,803 (Crandall, et al.)
Full Citation: US Patent 5,804,803, "Mechanism for retrieving information using data encoded on an object," filed April 2, 1996, and issued September 8, 1998.
Brief Description: The '803 patent describes a method where a user can retrieve information from a network by scanning a code on an object. The system uses a hand-held device to read the code, which contains an object identifier. This identifier is transmitted to a network server. The server uses the identifier to look up a corresponding network address in a database and returns this address to the user's device. The user can then use this address to access the information.
Anticipation Analysis (35 U.S.C. § 102):
This patent appears to teach many elements of claim 1 of the '728 patent. It discloses:- A user device scanning a code on an object (the '728 patent's "article of commerce").
- The code containing an identifier (the '728 patent's "index").
- Transmitting the identifier to a remote server.
- The server using the identifier to access a database and retrieve a network address (the '728 patent's "pointer").
- Returning the network address to the user device.
- The user device using the address to connect to the information source.
The '803 patent strongly anticipates the core process of claim 1. It describes the same intermediary server architecture for resolving a product identifier into a network address. The distinction between the "remote server computer" (for the database lookup) and the "remote information computer" (the final destination) is implicit in the system described by Crandall. The claims of '728 were likely allowed over '803 based on specific wording or claim limitations not present in the '803 disclosure, or by arguing for a non-obvious combination of features. However, for a § 102 analysis, '803 presents a significant challenge to the novelty of claim 1.
2. U.S. Patent 6,049,835 (Gagnon)
Full Citation: US Patent 6,049,835, "System for providing easy access to the World Wide Web utilizing a published list of preselected Internet locations together with their unique multi-digit jump codes," filed August 30, 1996, and issued April 11, 2000.
Brief Description: The '835 patent describes a system for simplifying access to websites. It proposes using short, easy-to-remember "jump codes" (e.g., a multi-digit number) that are published in print media. A user enters this jump code into a specific website or a browser plug-in. A central server then looks up the jump code in a database to find the full corresponding URL and redirects the user's browser to that destination URL.
Anticipation Analysis (35 U.S.C. § 102):
This patent discloses the server-side database lookup that is central to claim 1 of the '728 patent. It teaches:- Using an "index" (the jump code) to represent a network location.
- Sending this index to a remote server.
- The server looking up the index in a database to find a "pointer" (the full URL).
- Directing the user's device to the final destination using the pointer.
While the '835 patent describes manual entry of the jump code rather than scanning a barcode, the underlying method of resolving a short code into a full network address via a remote server is the same. An argument against anticipation would focus on the specific limitation in claim 1 of "scanning a bar code symbol affixed to an article of commerce." The Gagnon patent focuses on codes published in media, but the core server-based resolution method is present. Therefore, while '835 may not anticipate claim 1 on its own due to the lack of scanning, it would be highly relevant for an obviousness argument under 35 U.S.C. § 103.
3. U.S. Patent 5,918,214 (Perkowski)
Full Citation: US Patent 5,918,214, "System and method for finding product and service related information on the internet," filed October 25, 1996, and issued June 29, 1999.
Brief Description: The '214 patent describes a system for finding information about products on the internet. It proposes creating a database that links manufacturer and product identification numbers (like those in a UPC) to the URLs of the manufacturers' websites. A user can search this database using the product information to find the relevant website. The system is designed to solve the problem of consumers not knowing how to find a manufacturer's web presence.
Anticipation Analysis (35 U.S.C. § 102):
This patent is highly relevant as it explicitly discloses the core database concept of claim 1: linking a product identifier (the "index") to a URL (the "pointer"). The Perkowski patent clearly describes a database with "predetermined relationships that link an index to a pointer."The key element that Perkowski may not explicitly teach in a single embodiment is the complete method loop within the user's device as claimed: scanning the code, automatically transmitting it, the server returning the pointer, and the user device automatically using the pointer to establish direct communication. Perkowski's disclosure is more focused on the database and search system itself, which a user would interact with, rather than an automated process initiated by a scanner. For this reason, it may not anticipate every limitation of claim 1, but it directly teaches the central data structure and relationship that enables the invention of the '728 patent.
Generated 4/28/2026, 2:08:01 AM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
Based on my analysis of the provided prior art, here is an assessment of the obviousness of US Patent 8,805,728 under 35 U.S.C. § 103.
Obviousness Analysis (35 U.S.C. § 103)
An invention is considered obvious if the differences between the claimed invention and the prior art are such that the invention as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art (POSITA). This analysis considers combinations of prior art references.
The core of independent claim 1 of the '728 patent is a three-party system where a user device scans a product barcode (an "index"), sends that index to an intermediary server, receives a "pointer" (like a URL) back from the server, and then uses that pointer to connect directly to a final destination computer. This architecture avoids encoding the entire, often lengthy, URL directly into the barcode. The following combinations of the cited prior art would have rendered this claimed method obvious.
Combination 1: U.S. Patent 6,049,835 (Gagnon) in view of U.S. Patent 5,804,803 (Crandall)
What Gagnon Teaches: Gagnon discloses the fundamental server-side architecture of the '728 patent. It teaches a system for providing easy access to websites using short, multi-digit "jump codes" (the '728 patent's "index"). A user submits this index to a remote server, which maintains a database linking these short codes to full URLs (the '728 patent's "pointers"). The server resolves the index to the pointer and directs the user's device to the final destination. Gagnon explicitly addresses the problem of long, cumbersome URLs, which is a key problem the '728 patent also purports to solve.
What Gagnon Lacks: Gagnon's primary embodiment relies on the user manually typing the jump code. It does not teach the initial step of
scanning a bar code symbolto acquire the index automatically.What Crandall Teaches: Crandall explicitly teaches a system where a user device, equipped with a scanner, reads a code from a physical object to retrieve an object identifier. This identifier is then used in a network transaction to retrieve related information. Crandall thus teaches the use of a scanner for automated, error-free entry of an identifier from an object to initiate a network lookup.
Motivation to Combine: A person of ordinary skill in the art seeking to improve upon Gagnon's system would have been motivated to replace the manual entry of the "jump code" with a more efficient and user-friendly input method. Manual data entry is inherently slower and more prone to error than automated methods. Barcode scanning, as taught by Crandall, was a well-known and commercially ubiquitous method for rapid and accurate data input from physical objects at the time. The combination would be a simple substitution of one known input element (manual entry) for another (scanning) to enhance the usability of Gagnon's lookup system. This would have yielded the predictable result of a faster and more reliable system for linking to web resources, thereby arriving at the invention claimed in the '728 patent.
Combination 2: U.S. Patent 5,918,214 (Perkowski) in view of U.S. Patent 5,804,803 (Crandall)
What Perkowski Teaches: Perkowski is highly relevant because it teaches the specific database concept at the heart of the '728 patent's commercial application: linking product identification numbers, such as those found in a UPC on an "article of commerce," to network addresses (URLs) of manufacturers' websites. It directly discloses the "predetermined relationships that link an index to a pointer" using the exact type of index (product codes) contemplated by the '728 patent.
What Perkowski Lacks: Perkowski focuses on the database system and a user searching that database. It does not explicitly teach the complete, automated workflow as claimed: a user device scanning the code, automatically transmitting the index, the server returning the pointer, and the device using the pointer to establish a direct connection.
What Crandall Teaches: Crandall teaches this exact automated workflow. It discloses scanning a code on an object, transmitting the resulting identifier to a server, receiving a network address in return, and using that address to access a remote resource.
Motivation to Combine: A POSITA starting with Perkowski's valuable database linking product codes to websites would be motivated to create the most seamless user experience possible. The goal would be to allow a consumer holding a product to access the related website with minimal effort. Crandall provides the blueprint for this exact type of seamless interaction with a physical object. It would have been obvious to apply the automated scanning-and-linking method taught by Crandall to Perkowski's specific and commercially valuable product database. This combination would directly connect the physical product (via its UPC, per Perkowski) to its online resource using the automated workflow of Crandall, achieving the predictable and highly desirable result of a "scan-to-connect" functionality for consumer products. This combination teaches all elements of claim 1.
Generated 4/28/2026, 2:08:30 AM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
As a technical patent analyst, I have analyzed the prosecution history and related data for US Patent 8,805,728. Here are the details regarding its term, application history, and related family members.
Patent Term and Expiration for US Patent 8,805,728
A U.S. utility patent filed after June 8, 1995, generally has a term of 20 years from the earliest non-provisional U.S. filing date to which it claims priority.
Earliest Priority Date: The application for US Patent 8,805,728 is part of a long chain of continuation and divisional applications. The earliest non-provisional application in this chain, from which the 20-year term is calculated, is U.S. Application No. 08/538,365, which was filed on October 3, 1995.
Patent Term Adjustment (PTA): There were zero days of Patent Term Adjustment granted by the USPTO for this patent. PTA is intended to compensate for certain administrative delays during the patent prosecution process.
Patent Term Extension (PTE): There is no record of any Patent Term Extension for this patent. PTE is typically granted for delays caused by regulatory review (e.g., by the FDA) and does not apply in this case.
Projected Expiration Date: Based on the earliest filing date of October 3, 1995, the full 20-year term for this patent was projected to expire on October 3, 2015.
Actual Legal Status: The patent is currently listed as "Expired - Fee Related." This means the patent expired prematurely because the required maintenance fees were not paid to the USPTO. Maintenance fees for utility patents are due at 3.5, 7.5, and 11.5 years after the issue date. Failure to pay these fees results in the patent lapsing before its full term.
Application and Family Data
The history of US Patent 8,805,728 involves a series of related applications, indicating a strategy to pursue various aspects of the original invention.
Continuation and Divisional Applications:
- The application that matured into patent 8,805,728 (Ser. No. 13/323,931) is a continuation of application Ser. No. 12/827,814 (now US Patent 8,131,597).
- This lineage continues backward through a series of continuation applications, ultimately tracing back to a divisional application (Ser. No. 09/232,908), which itself was a divisional of the original utility application (Ser. No. 08/538,365).
Patent Family Members:
This patent is part of a large family of U.S. patents that all claim priority to the original 1995 provisional and non-provisional applications. The key parent and child applications in this family include:- Provisional Application: 60/000,442 (Filed: June 20, 1995)
- Parent Application: 08/538,365 (Filed: Oct. 3, 1995) — Now US Patent 5,978,773
- Divisional of '365: 09/232,908 (Filed: Jan. 15, 1999) — Now US Patent 6,199,048
- Continuation of '908: 10/768,991 (Filed: Jan. 29, 2004) — Now US Patent 7,383,209
- Continuation of '991: 11/765,887 (Filed: Jun. 20, 2007) — Now US Patent 7,765,126
- Continuation of '887: 12/827,814 (Filed: Jun. 30, 2010) — Now US Patent 8,131,597
- Continuation of '814: 13/323,931 (Filed: Dec. 13, 2011) — The patent in question, US Patent 8,805,728
- Continuation of '931: 14/456,635 (Filed: Aug. 11, 2014) — Published as US 2014/0361071 A1 and is now listed as abandoned.
Generated 4/28/2026, 2:08:52 AM
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
As a Senior Patent Strategist and Research Engineer, I have analyzed US Patent 8,805,728 to generate the following Defensive Disclosure. This document details derivative works and technical variations of the core claims to establish prior art, thereby rendering future incremental improvements by competitors obvious or non-novel.
Reference Patent: US 8805728
Title: System and method for using an ordinary article of commerce to access a remote computer
Core Claim (Paraphrased): A user device scans a barcode (index) on a product, sends the index to a remote server, which looks up and returns a pointer (e.g., URL), which the user device then uses to connect directly to a final remote information computer.
Publication Date: April 28, 2026
Defensive Disclosure: Derivative Works and Technical Embodiments
1. Material & Component Substitution Derivatives
1.1. Radio-Frequency Index Resolution System
Enabling Description: This embodiment replaces the optical bar code symbol and scanner with a radio-frequency (RF) subsystem. A passive Near-Field Communication (NFC) Forum Type 4 Tag or an ISO/IEC 18000-6C RFID tag is embedded within the article of commerce or its packaging. This tag is pre-provisioned with a unique identifier which serves as the "index." The user computing device is equipped with an NFC controller or UHF RFID reader, which functions as the "scanner." Upon bringing the device within the RF field of the tag (e.g., <10 cm for NFC), the device energizes the tag and reads the index via inductive coupling. The device's operating system or a dedicated application transmits this index over a TCP/IP network to the remote server computer for pointer resolution, as described in the core method. This method provides an alternative data acquisition layer that is non-optical and does not require line-of-sight.
Mermaid Diagram:
sequenceDiagram participant UserDevice as User Device (NFC Reader) participant RF_Tag as RF Tag (NFC/RFID) participant ResolverServer as Remote Resolver Server participant InfoServer as Remote Information Server UserDevice->>+RF_Tag: Energize and Read Index RF_Tag-->>-UserDevice: Return Index (e.g., UUID) UserDevice->>+ResolverServer: Transmit Index over HTTPS ResolverServer->>ResolverServer: Lookup Index in Database ResolverServer-->>-UserDevice: Return Pointer (URL) UserDevice->>+InfoServer: HTTP GET request using Pointer InfoServer-->>-UserDevice: Return Information Resource
1.2. Steganographic Index Resolution System
Enabling Description: This embodiment uses digital watermarking to conceal the index within the graphical artwork or texture of the article of commerce's packaging. A multi-bit index is steganographically encoded into the luminance or chrominance channels of the printed artwork using a robust spread-spectrum encoding algorithm. The "scanner" is a standard smartphone camera, coupled with a software library (e.g., an OpenCV-based module) that performs image registration, geometric distortion correction, and subsequent extraction of the embedded digital watermark (the index). The extracted index is then transmitted to the remote server for pointer resolution. This system eliminates the need for a dedicated, visible barcode, integrating the index invisibly into the product's branding.
Mermaid Diagram:
flowchart TD A[User Device Captures Image of Product] --> B{Software Decoder}; B -->|Image Processing & FFT| C[Extracts Hidden Index]; C --> D[Transmit Index to Resolver Server]; D --> E{Resolver Server}; E -->|Lookup in DB| F[Retrieve Pointer]; F --> G[Return Pointer to User Device]; G --> H[Device Connects to Information Server];
2. Operational Parameter Expansion Derivatives
2.1. High-Throughput Industrial Pointer Resolution System
Enabling Description: This system operates in a high-speed industrial automation context, such as a pharmaceutical packaging line or logistics sorting facility, processing over 1,000 units per minute. An array of fixed-mount industrial machine vision cameras (the "scanners") are positioned over a conveyor. Each article of commerce features a Data Matrix code (the "index"). As articles pass, the cameras capture images and a local edge-computing gateway performs image processing to decode the indices. These indices are batched and streamed via a high-bandwidth, low-latency protocol (e.g., MQTT over a private 5G network) to a local resolver server. The server returns pointers that are not URLs for human browsing, but rather URIs that resolve to machine-readable data packages, such as quality control parameters, serialization data, or routing instructions for a Programmable Logic Controller (PLC) that controls downstream robotic sorters.
Mermaid Diagram:
stateDiagram-v2 [*] --> Scanning Scanning --> Processing: Item detected state Scanning { direction LR Camera1: Reads Index_A Camera2: Reads Index_B Camera3: Reads Index_C } Processing --> Resolving: Batch of indices ready state Resolving { EdgeGateway --> ResolverServer: Transmit [Index_A, Index_B, Index_C] ResolverServer --> EdgeGateway: Return [Pointer_A, Pointer_B, Pointer_C] } Resolving --> Action: Pointers received state Action { direction LR PLC_A: Uses Pointer_A to fetch routing data PLC_B: Uses Pointer_B to update QA log PLC_C: Uses Pointer_C to direct robotic arm } Action --> [*]
3. Cross-Domain Application Derivatives
3.1. Aerospace Component Digital Passport System
Enabling Description: This system is applied to aerospace component lifecycle management. Every critical component (e.g., a turbine blade, an actuator) is permanently marked with a laser-etched Data Matrix code per ATA Spec 2000, which serves as its unique index. During a maintenance check, an engineer uses a ruggedized tablet ("user computing device") to scan the index. The tablet transmits the index over a secure network to a resolver server managed by the component OEM. The server validates the request and returns a temporary, single-use, cryptographically signed pointer (e.g., a JSON Web Token-based URL). The tablet's maintenance software uses this pointer to establish a direct, authenticated TLS connection to the component's specific "Digital Passport" server, which serves its complete, non-repudiable history including manufacturing data, flight hours, stress telemetry, and maintenance records.
Mermaid Diagram:
sequenceDiagram participant EngineerTablet as Ruggedized Tablet participant ResolverOEM as OEM Resolver Server participant DigitalPassport as Component Info Server EngineerTablet->>+ResolverOEM: Transmit Component Index ResolverOEM->>ResolverOEM: Verify Credentials & Lookup ResolverOEM-->>-EngineerTablet: Return Signed Pointer (JWT-URL) EngineerTablet->>+DigitalPassport: Connect using Signed Pointer DigitalPassport->>DigitalPassport: Validate JWT Signature DigitalPassport-->>-EngineerTablet: Stream Component Lifecycle Data
4. Integration with Emerging Technology Derivatives
4.1. AI-Powered Contextual Pointer System
Enabling Description: This embodiment integrates AI for a more dynamic interaction. The user device does not scan a barcode. Instead, it captures an image or video of the article of commerce. A lightweight, on-device Convolutional Neural Network (CNN) performs object recognition to generate a probabilistic feature vector that acts as a "soft index." This soft index is transmitted to the remote resolver server along with contextual metadata from the device's IoT sensors (e.g., GPS coordinates, timestamp, accelerometer data). The server uses a larger machine learning model to interpret this combined input. For example, if a food item's soft index is received with a timestamp of 6 PM from a residential location, the model returns a pointer to an interactive cooking recipe. If the same soft index is received from a retail store location, the pointer resolves to a price comparison engine or a product recall notice.
Mermaid Diagram:
flowchart TD subgraph UserDevice A[Capture Image] --> B[On-Device CNN]; B --> C[Generate Soft Index]; D[Read IoT Sensors] --> E[Collect Context Metadata]; end subgraph ResolverServer F[Receive Soft Index & Metadata] --> G{Contextual AI Model}; G -->|Is location=home, time=evening?| H[Select "Recipe" Pointer]; G -->|Is location=retail?| I[Select "Recall/Price" Pointer]; H --> J[Return Pointer]; I --> J; end UserDevice --> F; J --> UserDevice;
4.2. Blockchain-Verified Provenance System
Enabling Description: This system leverages a distributed ledger for supply chain verification. The barcode on an article of commerce (e.g., a bottle of wine, a luxury handbag) encodes an index that corresponds to a unique digital asset (e.g., an NFT) on a public blockchain (e.g., Ethereum). When scanned, the index is sent to a resolver server that functions as a blockchain oracle. The server queries the blockchain's smart contract for the token URI associated with the index. The returned "pointer" is not a standard HTTPS URL but a content-addressed URI for a resource stored on the InterPlanetary File System (IPFS), such as
ipfs://<hash>. The user device, using an IPFS-aware client, connects directly to the peer-to-peer IPFS network to retrieve and display the immutable provenance record for that specific item, which may include sourcing details, ownership history, and authenticity certificates.Mermaid Diagram:
sequenceDiagram participant UserDevice participant OracleServer as Resolver Server (Oracle) participant Blockchain as Smart Contract participant IPFS_Network as IPFS (P2P Network) UserDevice->>UserDevice: Scan QR Code (Index) UserDevice->>+OracleServer: Transmit Index OracleServer->>+Blockchain: Query Smart Contract for Token URI (Pointer) Blockchain-->>-OracleServer: Return Pointer (ipfs://...) OracleServer-->>-UserDevice: Return Pointer UserDevice->>+IPFS_Network: Request Content from Pointer Hash IPFS_Network-->>-UserDevice: Return Immutable Provenance File
5. "Inverse" or Failure Mode Derivatives
5.1. System with Graceful Degradation via Dual-Mode Index
Enabling Description: This embodiment is designed for high-reliability applications where information access is critical, even during network outages. The "barcode symbol" (e.g., a QR code) is structured to encode a composite payload containing both a primary index (e.g., a UUID) for the standard online lookup, and a secondary, self-contained fallback pointer. This fallback pointer is a highly compressed, data-efficient representation of critical information, such as a Base64-encoded Protobuf message containing emergency contact numbers or first-aid instructions. The user device first attempts the standard resolution process with the primary index. If the remote resolver server is unreachable (e.g., due to a network timeout), the application logic automatically triggers a local decoder for the secondary fallback pointer and displays the essential offline information to the user without requiring any network connectivity.
Mermaid Diagram:
graph TD A[Scan Dual-Mode Barcode] --> B{Extract Primary Index & Fallback Pointer}; B --> C[Attempt to Transmit Primary Index to Server]; C --> D{Network Connection Successful?}; D -- Yes --> E[Receive Pointer from Server]; E --> F[Connect to Information Server]; D -- No --> G[Decode Fallback Pointer Locally]; G --> H[Display Critical Offline Information];
Combination Prior Art Scenarios
Combination with GS1 Digital Link Standard: The system uses a QR code encoding a GS1 Digital Link URI (e.g.,
https://brand.com/gtin/01234567890128). A specialized application on the user device intercepts this scan. Instead of navigating directly, it parses the GTIN (01234567890128) from the URI and transmits it as the "index" to a separate remote resolver server as described in patent 8805728. This server returns a pointer to a context-specific resource (e.g., an augmented reality product visualization), providing enhanced functionality beyond the generic webpage that the GS1 standard would typically resolve to.Combination with W3C Verifiable Credentials Standard: Upon receiving the scanned product index, the remote resolver server returns a "pointer" that is a URI. When the user device accesses this URI, the information server doesn't return a webpage but instead initiates a credential issuance flow. It returns a cryptographically signed W3C Verifiable Credential in JSON-LD format, attesting to the product's authenticity or a specific attribute (e.g., "Certified Organic"). The user's device, acting as a digital wallet, receives and verifies this credential, providing a trusted claim rather than just information.
Combination with the Matter IoT Standard: A user scans a QR code on a new smart light bulb. The index from the QR code is sent to the manufacturer's resolver server. This server's database links the product index to the device's unique Matter onboarding credentials. The server returns these credentials formatted as a "pointer" with a custom URI scheme (e.g.,
matter://onboard?code=...). The mobile OS on the user's device recognizes this URI scheme and automatically launches the system's Matter commissioning service. This service then uses the pointer data to securely and directly connect the light bulb to the user's local smart home network, completing the final communication step over a local protocol like Thread.
Generated 4/28/2026, 2:09:43 AM
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