Prior art

Analysis of Prior Art for U.S. Patent 9,824,408

This section details the prior art references cited during the prosecution of U.S. Patent 9,824,408. Each reference is analyzed for its potential to anticipate the claims of the '408 patent under 35 U.S.C. § 102. The analysis is based on the information available in the patent's file history.

U.S. Patent Documents

• U.S. Patent No. 8,635,142 B1: "User-interface for one-click purchasing of a product represented in a search result"

  • Publication Date: January 21, 2014
  • Filing Date: March 15, 2013
  • Brief Description: This patent, assigned to Google Inc., describes a method for providing a "buy" button directly within search results. When a user searches for a product, the search results page can include an option to purchase the item with a single click. The system uses pre-stored payment and shipping information associated with the user's account to complete the transaction without navigating to the merchant's website.
  • Potential Anticipation: This reference is highly relevant to all independent claims (1, 10, and 18) of the '408 patent. It discloses a system where a user interaction with a search result (an "object associated with a site") indicates a purchase intent. It implies a mechanism for the user's payment data, stored by a third party (the search engine), to be used to process a purchase with a merchant. The core concept of simplifying the purchase process by leveraging stored user data initiated from an interaction on a non-merchant site is present. However, the '142 patent does not explicitly detail the use of a browser-level Application Programming Interface (API) as the communication mechanism between the site and the browser for requesting and transmitting payment data. This distinction is a key element of the '408 patent's claims.

• U.S. Patent No. 9,495,689 B2: "Providing offers in an electronic marketplace"

  • Publication Date: November 15, 2016
  • Filing Date: October 28, 2013
  • Brief Description: This patent, also assigned to Google Inc., details a system where a user can receive and accept offers for products or services directly on a publisher's property (e.g., a search results page or a third-party website). The system facilitates the transaction using a user's stored payment credentials, which can be provided to a merchant to complete the purchase.
  • Potential Anticipation: This reference is relevant to claims 1, 10, and 18. It describes a user interacting with an "offer" (an object) on a site, which leads to a purchase. It also involves the use of stored payment information to facilitate this purchase. Similar to the '142 patent, it describes the functional outcome of a streamlined purchase. The potential for anticipation hinges on whether the described "providing" of payment credentials to the merchant inherently discloses the claimed browser-based API interaction. The '689 patent focuses more on the offer and marketplace aspect rather than the specific technical implementation of the data transfer between the browser and the merchant site.

• U.S. Patent Application Publication No. 2013/0290074 A1: "Guest Checkout"

  • Publication Date: October 31, 2013
  • Filing Date: April 26, 2012
  • Brief Description: This application, assigned to Google Inc., describes a "guest checkout" process for online purchases. It allows a user who is logged into a primary account (like a Google account) to make a purchase on a merchant website without creating a separate account with that merchant. The primary account provider securely transmits the necessary payment and shipping information to the merchant to complete the transaction.
  • Potential Anticipation: This publication is relevant to all independent claims. It discloses the core idea of a central entity storing user payment data and providing it to a merchant site to simplify checkout. The concept of receiving a request from the merchant and transmitting the payment data in response is present. The key differentiating factor, again, is the explicit recitation of an API within the browser as the means of communication in the '408 patent claims. The '074 application describes the secure transmission of data but does not specify that it occurs via a browser-level API as claimed.

Non-Patent Literature

• "W3C, 'Web Payments Use Cases 1.0,' W3C First Public Working Draft" (August 12, 2014)

  • Publication Date: August 12, 2014
  • Brief Description: This document from the World Wide Web Consortium (W3C) outlines various use cases for a standardized web payment system. It discusses the need for a browser-mediated payment flow to simplify online transactions and reduce the friction of entering payment information repeatedly. It explores scenarios where a browser could store user payment credentials and provide them to merchants upon request, facilitating a more seamless checkout experience.
  • Potential Anticipation: This document is highly pertinent to the subject matter of the '408 patent, particularly claims 1, 10, and 18. It explicitly discusses the concept of a browser acting as an intermediary in payment transactions and the potential for an API to facilitate this. As a "Working Draft," its status as prior art would depend on its public availability before the '408 patent's priority date (March 31, 2014). Given its publication date of August 12, 2014, it would not anticipate the '408 patent. However, earlier discussions or drafts from the W3C on this topic could be relevant if they pre-date the priority date.

• "MasterCard, 'MasterPass-Pay an easier way online,' YouTube" (February 25, 2013)

  • Publication Date: February 25, 2013
  • Brief Description: This video and the associated MasterPass service describe a digital wallet that stores a user's payment and shipping information. When making a purchase on a participating merchant's website, the user can select the MasterPass option, which then facilitates the transfer of their information to the merchant, simplifying the checkout process.
  • Potential Anticipation: This reference is relevant to the general concept of all independent claims. It discloses a system for simplifying online purchases by using stored payment information. The interaction with a "MasterPass" button on a merchant site could be seen as an "interaction with an object." The system then provides payment data to the merchant. The point of novelty for the '408 patent would again be the specific claim language requiring a browser payment request API as the mechanism for this data exchange, which is not explicitly detailed in the description of the MasterPass service.

In summary, while several prior art references disclose the concept of a simplified, one-click, or guest checkout process utilizing centrally stored payment information, their ability to anticipate the claims of U.S. Patent 9,824,408 is weakened by the '408 patent's specific claim limitation to a "browser payment request API" as the conduit for communication between the merchant site and the user's browser. The novelty of the '408 patent appears to reside in this specific technical implementation detail.