Prior art — US Patent 8805728

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.