US 5978773

Summary of U.S. Patent 5,978,773

Title: System and method for using an ordinary article of commerce to access a remote computer

Assignee: The original assignee of the patent is Neomedia Technologies, Inc.

Inventors: The inventors of the patented system and method are Frank C. Hudetz and Peter R. Hudetz.

Filing Date: The patent application was filed on October 3, 1995.

Issue Date: U.S. Patent 5,978,773 was issued on November 2, 1999.

Abstract: The patent describes a system and method for accessing remote computers on a network by using identification codes found on common commercial products. In one embodiment, a database links Uniform Product Code (UPC) numbers to Internet network addresses (URLs). A user can enter a product's UPC, either manually or by scanning the barcode, to retrieve the corresponding URL from the database. This URL is then used to access a relevant internet resource related to the product.

Plain-Language Overview of Independent Claims

U.S. Patent 5,978,773 contains four independent claims (claims 1, 12, 22, and 33), which define the core of the invention. In plain language, these claims cover the following concepts:

Claim 1: This claim protects an apparatus for accessing a remote computer using an article of commerce. The key components are:

• A machine-readable code (like a barcode) on a product that contains a standardized identification number (like a UPC).
• An input device (like a barcode scanner) that reads this number and creates a corresponding signal.
• A database that stores a list of these identification numbers and their associated network addresses (like URLs).
• This database, upon receiving the signal from the input device, provides the network address linked to the scanned identification number.
• A local computer (local host) is then able to use this provided network address to connect to and communicate with a specific remote computer on a network.

Claim 12: This claim is directed at an apparatus specifically for generating a network address using an article of commerce. It includes:

• A means for creating a signal that corresponds to a standardized product identification number found on an article of commerce.
• A database containing a collection of these product identification numbers, with each number linked to at least one network address.
• A control system that takes the signal, looks up the identification number in the database, and retrieves the associated network address.
• A local computer receives this network address from the database and uses it to communicate with a remote computer on the network.

Claim 22: This claim outlines a method for generating a network address. The steps of this method are:

• Creating a link in a computer's memory between at least part of a standardized product identification number and a specific network address.
• Providing a commercial product that has this identification number encoded on it.
• Reading at least a portion of the identification number from the product.
• Using this number to retrieve the linked network address from the computer's memory.

Claim 33: This claim describes another version of the apparatus for accessing a remote computer. It is very similar to Claim 1, but with a slightly different arrangement of the components. It includes:

• A machine-readable code on a product with a standard identification number.
• An input device to read the code and generate a signal.
• A database that links these identification numbers to network addresses and can provide the correct address when it receives the signal.
• A local computer that receives the network address from the database.
• This local computer can then use the provided network address to communicate with a chosen remote computer on a network.

It should be noted that while a direct search of the 2026 CAFC dockets for "5978773" did not yield specific results, the patent portfolio of Neomedia Technologies, Inc., has been subject to litigation and public scrutiny, including being a target of the Electronic Frontier Foundation's "Patent Busting Project." This broader context suggests that the validity and enforcement of the patent and its related family members have been matters of dispute.

Known Litigation Involving U.S. Patent 5,978,773

As of April 28, 2026, U.S. Patent 5,978,773, assigned to Neomedia Technologies, Inc. and later to NM, LLC, has been asserted in multiple patent infringement lawsuits. The following is a list of known litigation involving this specific patent.

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1. NM LLC v. Wal-Mart Stores, Inc.

• Plaintiff: NM LLC
• Defendant: Wal-Mart Stores, Inc.
• Jurisdiction: U.S. District Court for the District of Colorado
• Case Number: 1:14-cv-01315
• Filing Date: May 9, 2014
• Outcome/Status: The case was terminated on November 13, 2014. Public records indicate the parties filed a joint motion to dismiss with prejudice, suggesting a settlement was reached.

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2. Neomedia Technologies, Inc. v. PSC Inc.

• Plaintiff: Neomedia Technologies, Inc.
• Defendant: PSC Inc.
• Jurisdiction: U.S. District Court for the Eastern District of Pennsylvania
• Case Number: 2:04-cv-02307
• Filing Date: May 26, 2004
• Outcome/Status: This case was terminated on February 15, 2005. The dismissal was with prejudice, which typically points to a settlement between the parties.

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3. Neomedia Technologies, Inc. v. Symbol Technologies, Inc.

• Plaintiff: Neomedia Technologies, Inc.
• Defendant: Symbol Technologies, Inc.
• Jurisdiction: U.S. District Court for the Southern District of New York
• Case Number: 1:04-cv-03026
• Filing Date: April 20, 2004
• Outcome/Status: The case was terminated on February 17, 2005. Records show a stipulation of dismissal with prejudice was filed by the parties, indicating a likely settlement.

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4. Neomedia Technologies, Inc. v. Zebra Technologies Corp.

• Plaintiff: Neomedia Technologies, Inc.
• Defendant: Zebra Technologies Corp.
• Jurisdiction: U.S. District Court for the Northern District of Illinois
• Case Number: 1:04-cv-00021
• Filing Date: January 5, 2004
• Outcome/Status: This litigation was terminated on February 17, 2005, following a joint motion to dismiss with prejudice, suggesting a settlement.

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5. Neomedia Technologies, Inc. v. The Home Depot, Inc.

• Plaintiff: Neomedia Technologies, Inc.
• Defendant: The Home Depot, Inc.
• Jurisdiction: U.S. District Court for the Eastern District of Pennsylvania
• Case Number: 2:01-cv-05497
• Filing Date: October 31, 2001
• Outcome/Status: The case was terminated on March 18, 2003. The case was dismissed with prejudice, which is indicative of a settlement having been reached between the parties.

Proceedings overview

The USPTO Open Data Portal API returns no AIA trial proceedings for U.S. Patent 5,978,773 as of the most recent ingest. This indicates a defendant facing assertion of this patent will not find any PTAB Final Written Decisions to leverage for invalidation or estoppel purposes, meaning the patent claims remain untested at the PTAB.

Strategic summary

As there are no PTAB proceedings on file for U.S. Patent 5,978,773, all claims of the patent (claims 1-41) are considered UNTESTED by the PTAB. This means there are no claims that have been formally invalidated or sustained through an Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) review.

Consequently, there is no estoppel landscape established under 35 U.S.C. § 315(e)(2) for this patent. All potential prior-art grounds are still available for a defendant to assert, either in litigation or in a newly filed PTAB petition. The absence of PTAB activity suggests that, despite the patent's expiration in 2015 and its prior litigation history, no party successfully brought an AIA trial challenge against it, or at least, none were formally instituted or reached a public decision.

Recommended next steps

Since no PTAB activity exists for U.S. Patent 5,978,773, a defendant facing assertion of this patent today should be aware that all claims are untested at the PTAB. The absence of PTAB activity suggests either that previous potential petitioners chose not to file, or that any petitions filed were not instituted or were privately settled before reaching a public decision. This means that a defendant would need to undertake a comprehensive prior art search and analysis to determine the patent's validity, without the benefit of a PTAB validity determination. The patent expired on October 3, 2015, which means it cannot be asserted for new infringement, but could still be asserted for past infringement occurring before the expiration date.

Inventors

• Frank C. Hudetz: Co-inventor. At the time of filing, he was an assignor to NeoMedia Technologies Inc., suggesting he was either a founder or an employee of the company.
• Peter R. Hudetz: Co-inventor. At the time of filing, he was an assignor to NeoMedia Technologies Inc., suggesting he was either a founder or an employee of the company.

No unusual patterns were determinable, as both inventors assigned their interest to the original assignee shortly after the filing date.

Original assignee

The entity named on the issued patent (from the initial assignment by the inventors) was NeoMedia Technologies Inc.

• Products Embodied in Claims: NeoMedia Technologies Inc. was a company focused on mobile barcode scanning and related solutions, including developing "NeoReader" barcode scanning applications and systems that linked physical objects via barcodes to digital content. The claims of US 5,978,773 relate directly to their core business.
• Primary Line of Business: Mobile barcode scanning, QR code solutions, and augmented reality technology, enabling physical-to-digital connections.
• Current Status: NeoMedia Technologies Inc. (NMTI) experienced financial difficulties, filed for Chapter 11 bankruptcy around 2013-2014, and subsequently underwent liquidation. The patent assets were later acquired by other entities, as detailed in the assignment timeline.

Assignment timeline

• 1995-09-29 (executed) / recorded 1995-11-09 — Reel 007693/0869

  • Conveyance: Assignment of Assignors Interest
  • Assignor: Frank C. Hudetz, Peter R. Hudetz
  • Assignee: NeoMedia Technologies Inc.
  • Correspondent: JOHN A. BROWNING, BROWNING & BROWNING, P.S., 1001 Fourth Avenue, Suite 3200, Seattle, Washington 98154
  • Context: Original assignment from inventors to the founding company.

• 1995-11-16 (executed) / recorded 1995-12-08 — Reel 007787/0503

  • Conveyance: Assignment of Assignors Interest
  • Assignor: HUDETZ, FRANK C. HUDETZ, PETER R.
  • Assignee: SOLAR COMMUNICATIONS, INC.
  • Correspondent: JOHN A. BROWNING, BROWNING & BROWNING, P.S., 1001 Fourth Avenue, Suite 3200, Seattle, Washington 98154. This correspondent recurs in this chain.
  • Context: Transfer of patent rights from inventors to a new entity, Solar Communications, Inc.

• 1999-01-20 (executed) / recorded 1999-03-09 — Reel 009841/0612

  • Conveyance: Assignment of Assignors Interest
  • Assignor: SOLAR COMMUNICATIONS, INC.
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: RICHARD A. LIPSCHUTZ, NEOMEDIA TECHNOLOGIES, INC., 1740 Broadway, 17th Floor, New York, NY 10019
  • Context: Re-assignment of patent rights from Solar Communications, Inc. back to NeoMedia Technologies, Inc.

• 1999-02-10 (executed) / recorded 1999-03-09 — Reel 009841/0613

  • Conveyance: Security Interest
  • Assignor: SOLAR COMMUNICATIONS, INC.
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: RICHARD A. LIPSCHUTZ, NEOMEDIA TECHNOLOGIES, INC., 1740 Broadway, 17th Floor, New York, NY 10019. This correspondent recurs in this chain.
  • Context: Security interest granted by Solar Communications, Inc. to NeoMedia Technologies, Inc.

• 2000-05-30 (executed) / recorded 2000-07-28 — Reel 010899/0472

  • Conveyance: Release By Secured Party
  • Assignor: SOLAR COMMUNICATIONS, INC.
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: RICHARD A. LIPSCHUTZ, NEOMEDIA TECHNOLOGIES, INC., 1740 Broadway, 17th Floor, New York, NY 10019. This correspondent recurs in this chain.
  • Context: Release of the security interest granted by Solar Communications, Inc. to NeoMedia Technologies, Inc.

• 2001-07-31 (executed) / recorded 2001-08-08 — Reel 011867/0827

  • Conveyance: Security Agreement
  • Assignor: NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: AIRCLIC, INC.
  • Correspondent: MICHAEL T. GILL, FOLEY & LARDNER, 3000 K STREET, N.W., SUITE 500, WASHINGTON, DC 20007-5143
  • Context: Security agreement granted by NeoMedia Technologies, Inc. to AirClic, Inc.

• 2001-10-26 (executed) / recorded 2001-11-20 — Reel 012061/0816

  • Conveyance: Lawsuit Against Patent Owner
  • Assignor: FRITZ, CHARLES W., KEIL, JAMES J., LOPIANO, JOHN A., NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: GOINS, WILLIAM E.
  • Correspondent: WILLIAM E. GOINS, 2525 SW 22ND STREET, SUITE 202, MIAMI, FL 33145
  • Context: Recording of a lawsuit naming NeoMedia Technologies, Inc. as a patent owner. This is a notice, not a transfer of ownership.

• 2007-03-27 (executed) / recorded 2007-04-12 — Reel 019565/0822

  • Conveyance: Security Agreement
  • Assignor: NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: CORNELL CAPITAL PARTNERS, L.P.
  • Correspondent: JOHN M. STETZ, DUANE MORRIS LLP, 30 SOUTH 17TH STREET, PHILADELPHIA, PA 19103-4196
  • Context: Security agreement granted by NeoMedia Technologies, Inc. to Cornell Capital Partners, L.P.

• 2007-10-04 (executed) / recorded 2007-10-24 — Reel 020088/0942

  • Conveyance: Security Agreement
  • Assignor: NEOMEDIA TECHNOLOGIES, INC., NEOMEDIA MICRO PAINT REPAIR, INC., NEOMEDIA MIGRATION, INC., NEOMEDIA TELECOM SERVICES, INC.
  • Assignee: YA GLOBAL INVESTMENTS, LP
  • Correspondent: CHRISTOPHER W. BETTS, KRAMER LEVIN NAFTALIS & FRANKEL LLP, 1177 AVENUE OF THE AMERICAS, NEW YORK, NY 10036
  • Context: Security agreement granted by NeoMedia Technologies, Inc. and related entities to YA Global Investments, LP.

• 2008-11-04 (executed) / recorded 2008-11-19 — Reel 021571/0891

  • Conveyance: Security Agreement
  • Assignor: NEOMEDIA TECHNOLOGIES INC.
  • Assignee: YA GLOBAL INVESTMENTS, L.P.
  • Correspondent: CHRISTOPHER W. BETTS, KRAMER LEVIN NAFTALIS & FRANKEL LLP, 1177 AVENUE OF THE AMERICAS, NEW YORK, NY 10036. This correspondent recurs in this chain.
  • Context: Additional security agreement granted by NeoMedia Technologies Inc. to YA Global Investments, L.P.

• 2010-11-02 (executed) / recorded 2010-12-07 — Reel 025807/0402

  • Conveyance: Release By Secured Party
  • Assignor: AIRCLIC, INC.
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: W. KEVIN WHITE, HALE AND DORR LLP, 60 STATE STREET, BOSTON, MA 02109
  • Context: Release of security interest by AirClic, Inc. to NeoMedia Technologies, Inc.

• 2016-01-29 (executed) / recorded 2016-02-11 — Reel 035255/0740

  • Conveyance: Notice of Security Interest
  • Assignor: NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: YA GLOBALINVESTMENTS, L.P.
  • Correspondent: J. MICHAEL BROWN, ARMSTRONG TEASDALE LLP, 7700 FORSYTH BLVD, SUITE 1800, ST. LOUIS, MO 63105
  • Context: Notice of security interest filed by YA Global Investments, L.P. against NeoMedia Technologies, Inc.

• 2016-09-02 (executed) / recorded 2016-09-08 — Reel 036647/0653

  • Conveyance: Assignment of Assignors Interest
  • Assignor: NEOMEDIA TECHNOLOGIES, INC.
  • Assignee: NM, LLC
  • Correspondent: DONALD S. BOWERS, 2525 SW 22ND STREET, SUITE 202, MIAMI, FL 33145. This correspondent has an address that recurs in this chain (William E. Goins).
  • Context: Assignment of patent rights from the bankrupt NeoMedia Technologies, Inc. to NM, LLC.

• 2017-01-24 (executed) / recorded 2017-02-14 — Reel 037233/0074

  • Conveyance: Release By Secured Party
  • Assignor: YA GLOBAL INVESTMENTS, LP
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: J. MICHAEL BROWN, ARMSTRONG TEASDALE LLP, 7700 FORSYTH BLVD, SUITE 1800, ST. LOUIS, MO 63105. This correspondent recurs in this chain.
  • Context: Release of security interest by YA Global Investments, LP to NeoMedia Technologies, Inc. (likely related to the bankruptcy proceedings).

• 2017-01-24 (executed) / recorded 2017-02-14 — Reel 037233/0075

  • Conveyance: Release By Secured Party
  • Assignor: CORNELL CAPITAL PARTNERS, LP
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: J. MICHAEL BROWN, ARMSTRONG TEASDALE LLP, 7700 FORSYTH BLVD, SUITE 1800, ST. LOUIS, MO 63105. This correspondent recurs in this chain.
  • Context: Release of security interest by Cornell Capital Partners, LP to NeoMedia Technologies, Inc. (likely related to the bankruptcy proceedings).

• 2017-01-24 (executed) / recorded 2017-02-14 — Reel 037233/0076

  • Conveyance: Release By Secured Party
  • Assignor: YA GLOBAL INVESTMENTS, LP
  • Assignee: NEOMEDIA TECHNOLOGIES, INC.
  • Correspondent: J. MICHAEL BROWN, ARMSTRONG TEASDALE LLP, 7700 FORSYTH BLVD, SUITE 1800, ST. LOUIS, MO 63105. This correspondent recurs in this chain.
  • Context: Another release of security interest by YA Global Investments, LP to NeoMedia Technologies, Inc.

Timeline diagram

timeline
    title Ownership of US 5978773
    1995 : Inventors assign to NeoMedia Tech
         : Inventors assign to Solar Comms Inc
    1999 : Solar Comms assigns back to NeoMedia
         : Solar grants security to NeoMedia
    2000 : Solar releases security for NeoMedia
    2001 : NeoMedia grants security to AirClic
         : Lawsuit notice recorded (Goins)
    2007 : NeoMedia grants security to Cornell
         : NeoMedia grants security to YA Global
    2008 : NeoMedia grants more security to YA Global
    2010 : AirClic releases security for NeoMedia
    2015 : Patent expires
    2016 : NeoMedia files security for YA Global
         : NeoMedia assigns to NM LLC
    2017 : YA Global releases security for NeoMedia
         : Cornell releases security for NeoMedia
         : YA Global releases more security

NPE / troll-pattern signals

1. Shell-entity transfer — present.

   • Evidence: The assignment from NeoMedia Technologies, Inc. to NM, LLC on 2016-09-02 (recorded 2016-09-08, Reel 036647/0653). NM, LLC is a limited liability company, and public information (Unified Patents litigation data) indicates it asserts patents without being an operating company. The address 2525 SW 22ND STREET, SUITE 202, MIAMI, FL 33145 is associated with legal counsel, not product operations.

2. Known asserter in the chain — present.

   • Evidence: The current assignee, NM, LLC, is a known patent asserter. It initiated litigation against Wal-Mart Stores, Inc. (Case 1:14-cv-01315, filed May 9, 2014) according to the provided litigation summary, indicating its role as a Non-Practicing Entity (NPE).

3. Repeat correspondent across the chain — present.

   • Evidence:
     • JOHN A. BROWNING, BROWNING & BROWNING, P.S. appears on the original assignment from inventors to NeoMedia (1995-11-09, Reel 007693/0869) and the subsequent assignment from inventors to Solar Communications, Inc. (1995-12-08, Reel 007787/0503).
     • RICHARD A. LIPSCHUTZ, NEOMEDIA TECHNOLOGIES, INC. appears on the assignment from Solar Communications to NeoMedia (1999-03-09, Reel 009841/0612), a security interest (1999-03-09, Reel 009841/0613), and a release (2000-07-28, Reel 010899/0472).
     • CHRISTOPHER W. BETTS, KRAMER LEVIN NAFTALIS & FRANKEL LLP appears on security agreements involving NeoMedia and YA Global Investments, L.P. (2007-10-24, Reel 020088/0942 and 2008-11-19, Reel 021571/0891).
     • J. MICHAEL BROWN, ARMSTRONG TEASDALE LLP appears on a notice of security interest (2016-02-11, Reel 035255/0740) and multiple releases of security interest (2017-02-14, Reel 037233/0074, 037233/0075, 037233/0076).
     • The correspondent DONALD S. BOWERS for NM, LLC (2016-09-08, Reel 036647/0653) shares the same address as WILLIAM E. GOINS (2525 SW 22ND STREET, SUITE 202, MIAMI, FL 33145), who was the assignee of a "LAWSUIT AGAINST PATENT OWNER" document (2001-11-20, Reel 012061/0816). This indicates a potential shared legal representative or office involved in patent assertion activities.

4. Cascading transfers — unclear. While there are multiple assignments and security interests, they are spread out over many years rather than being rapid, consecutive transfers through chained LLCs within a short period, aside from the initial transfers between inventors, NeoMedia, and Solar. The most recent assignment to NM, LLC (2016) occurs after NeoMedia's bankruptcy.

5. Pre-litigation transfer — not present. The first infringement suit identified was Neomedia Technologies, Inc. v. The Home Depot, Inc. filed on October 31, 2001. The assignment to NM, LLC occurred on 2016-09-02 (Reel 036647/0653), well after this first litigation. NeoMedia was the plaintiff in that initial litigation, owning the patent at that time.

6. Bankruptcy fire-sale — present.

   • Evidence: NeoMedia Technologies, Inc., the original operating assignee, filed for Chapter 11 bankruptcy. The assignment to NM, LLC on 2016-09-02 (Reel 036647/0653) occurred after the patent's expiration in 2015 and likely as part of the disposition of assets during or after NeoMedia's bankruptcy proceedings. This suggests the patent portfolio was acquired from a distressed entity.

7. Privateering — unclear. While NeoMedia was an operating company, its later assignments, particularly to NM, LLC, align with a transfer of assets post-bankruptcy. There is no explicit evidence in the assignment records or publicly available information (without deeper investigation into SEC filings or specific legal reporting) that NeoMedia transferred the patent to an NPE to assert on its behalf against competitors, especially given its bankruptcy. The subsequent assertion by NM, LLC appears to be a separate action post-acquisition of the assets.

8. Defensive aggregator (anti-NPE) — not present. The chain ends with NM, LLC, which is an asserting entity, not a defensive aggregator like RPX or AST.

Verdict

NPE — high confidence

The patent was transferred from the bankrupt operating company NeoMedia Technologies, Inc. to NM, LLC (Reel 036647/0653), which is a shell entity known for patent assertion, as evidenced by its litigation against Wal-Mart Stores, Inc. The recurrence of legal correspondents, especially the shared address between Donald S. Bowers (for NM, LLC) and William E. Goins, further points to a coordinated assertion strategy.

USPTO Assignment Center Search for US5978773

Analysis of Prior Art for U.S. Patent 5,978,773

As a technical patent analyst, I have conducted a review of the prior art cited in U.S. Patent 5,978,773. The following analysis details the most relevant references and their potential impact on the patent's claims under 35 U.S.C. § 102, which pertains to anticipation by prior art. The core novelty of patent 5,978,773 lies in the combination of using a standard product identifier (like a UPC), read by a device, to query a database that in turn provides a network address (like a URL) to access a remote computer.

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Key Cited Prior Art and Potential Anticipation

The patent itself cites two U.S. patents as background. An examination of these references is crucial for understanding the state of the art at the time of the invention.

1. U.S. Patent 5,115,326: "Method of Encoding an E-Mail Address in a Fax Message and Routing the Fax Message to a Destination and Network"

• Full Citation: U.S. Patent 5,115,326

• Publication Date: May 19, 1992

• Filing Date: June 14, 1990

• Brief Description: This patent describes a method for encoding an email address into a barcode on a fax coversheet. When the fax is sent, a fax server reads the barcode, extracts the email address, and then routes the fax content to that email address over a network.

• Potential Anticipation of Claims:

  • This reference teaches the use of a machine-readable indicia (a barcode) to encode a network-related address (an email address). It also describes a system that reads this code and uses the extracted information for network routing.
  • Claim 22 (Method Claim): This patent could be argued to anticipate the core method steps of Claim 22. It involves associating a machine-readable code with a network destination, reading that code, and then using that information to establish a network communication. However, it does not explicitly mention associating a product identification number with a network address in a database for lookup. The association is a direct encoding of the address itself.
  • Claims 1, 12, and 33 (Apparatus Claims): These claims require a database that associates an "extrinsic standard" identification number (like a UPC) with a network address. U.S. Patent 5,115,326 does not describe this database lookup step. Instead, the network address is directly encoded in the barcode. Therefore, it is unlikely to anticipate the apparatus claims fully, as the crucial database element is missing.

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2. U.S. Patent 5,420,943: "Universal Computer Input Device"

• Full Citation: U.S. Patent 5,420,943

• Publication Date: May 30, 1995

• Filing Date: March 2, 1993

• Brief Description: This patent discloses a "universal" input device, such as a barcode scanner, that can be used to input data into any software application on a computer without requiring special drivers. The device emulates a keyboard, meaning that when a barcode is scanned, the data is sent to the computer as if it were typed on a keyboard.

• Potential Anticipation of Claims:

  • This reference is primarily focused on the interface between a data-capture device (like a barcode scanner) and a computer. It teaches the input of machine-readable data into a computer system.
  • Claims 1, 12, and 33 (Apparatus Claims): This patent describes a key component of the invention in 5,978,773—the "input device generating a signal corresponding to said encoded identification number." However, it does not disclose the system-level components of a database that links these numbers to network addresses for the purpose of accessing a remote computer. The focus is on the input mechanism, not the subsequent use of that input for network navigation via a database lookup.
  • Claim 22 (Method Claim): Similarly, while this patent is relevant to the "reading" step of the method, it does not teach the steps of "associating in computer memory" a product ID with a network address and "retrieving" that address.

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Summary of Anticipation Analysis

Neither of the cited prior art references appears to fully anticipate any of the independent claims of U.S. Patent 5,978,773 on its own. The key inventive concept of the '773 patent is the indirection provided by the database. Prior art, as represented by these citations, taught either the direct encoding of network information into a barcode (5,115,326) or a universal method for inputting barcode data into a computer (5,420,943).

The novelty in U.S. Patent 5,978,773 arises from linking a pre-existing, standardized, and commercially ubiquitous identifier (the UPC) to a separate, and potentially dynamic, network address via a database. This solves the problems of long URLs being difficult to encode in barcodes and allows for the network address to be updated in the database without changing the barcode on the physical product. This database lookup step, which is a central element of all the independent claims, is what distinguishes the '773 patent from these particular prior art references.

Therefore, based on the cited references within the patent document, it is unlikely that a challenge to the validity of the claims of U.S. Patent 5,978,773 under 35 U.S.C. § 102 would be successful using only these two patents. A more thorough invalidity contention would need to search for other prior art that discloses the use of a database to link a standardized product code to a network address for remote computer access.

Obviousness Analysis of U.S. Patent 5,978,773 under 35 U.S.C. § 103

This analysis examines whether the invention claimed in U.S. Patent 5,978,773 would have been obvious to a Person Having Ordinary Skill in the Art (PHOSITA) at the time the invention was made, based on the prior art references previously identified. The legal standard for obviousness is defined in 35 U.S.C. § 103, which prevents the patenting of an invention if the differences between the invention and the prior art are such that the invention as a whole would have been obvious to a PHOSITA.

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1. Definition of a Person Having Ordinary Skill in the Art (PHOSITA)

At the time of the invention (priority date: June 20, 1995), a PHOSITA would be a software developer or computer engineer with:

• A bachelor's degree in computer science or a related field.
• Two to three years of professional experience in client-server application development, networking, and database management.
• Familiarity with the state of the commercial internet, including the World Wide Web, early web browsers (e.g., NCSA Mosaic, Netscape Navigator), HTTP, and the structure of Uniform Resource Locators (URLs).
• Working knowledge of data capture technologies, such as barcode scanners, and established product identification standards like the Uniform Product Code (UPC).

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2. The Problems to Be Solved

The '773 patent sought to solve clear problems existing in 1995 for connecting consumers with online content related to physical products:

1. Manual Entry of URLs: URLs were often long, complex, and prone to error when typed manually.
2. Impracticality of Barcoding URLs: Encoding long URLs directly into barcodes was impractical, as it would result in very long symbols that would clutter product packaging and advertisements.
3. Static Nature of Printed URLs: If a company's URL changed, any physical product, package, or advertisement bearing the old URL would become obsolete, leading to broken links and wasted marketing efforts.

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3. Combination of Prior Art

The independent claims of U.S. Patent 5,978,773 would have been obvious to a PHOSITA by combining the teachings of U.S. Patent 5,115,326 ('326 patent) and U.S. Patent 5,420,943 ('943 patent) with the common knowledge of relational database principles.

• U.S. Patent 5,115,326 ('326 patent): This reference teaches the core concept of using a machine-readable barcode to encode a network address (an email address) to automate a network action (routing a fax). This establishes the idea of scanning a physical document to initiate a digital communication over a network.

• U.S. Patent 5,420,943 ('943 patent): This reference teaches a universal input method for barcode scanners, allowing them to function like a keyboard. This makes it simple to input scanned data into any standard computer application, such as a web browser's address bar or a database query form, without special software.

• Common Knowledge of Databases: In 1995, using a database to create a layer of indirection was a fundamental and widespread principle in computer science. The concept of using a unique, stable identifier (a "primary key" such as an employee ID or a part number) to look up other, more complex or changeable data (such as a name, address, or price) was elementary.

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4. Motivation to Combine and Reasonable Expectation of Success

A PHOSITA, faced with the problems outlined above, would have been motivated to combine these elements for the following reasons:

1. Solving the Long URL Problem: The '326 patent suggests encoding an address directly. A PHOSITA would immediately recognize that this approach does not scale to the long URLs of the World Wide Web. The obvious solution to avoid a long, product-specific barcode is to use a short, pre-existing identifier that is already on the product: the UPC. The '943 patent provides the seamless mechanism to input this UPC into a computer.

2. Solving the Changing URL Problem: The most significant motivation is to solve the problem of static, printed URLs. A PHOSITA would know that storing the relationship between the stable UPC and the changeable URL in a central database is the standard, textbook solution for managing such data. By doing so, the link can be updated in one place (the database) without altering the millions of physical products in circulation. This creates a persistent and manageable link between the physical and online worlds.

The logical train of thought for a PHOSITA would be as follows:

• "We want to link a physical product to a website. The '326 patent shows we can use a barcode to initiate a network action."
• "However, directly encoding a URL into a barcode is clumsy and problematic because URLs are long and they change. This will be a maintenance nightmare."
• "What if we don't encode the URL itself? Every product already has a short, unique, machine-readable identifier: the UPC."
• "We can use the UPC as a key. Where do we store the URL that this key points to? In a database, of course. That is what databases are for—linking one piece of data to another."
• "So, the user scans the UPC. The '943 patent shows that the scanner can just 'type' the UPC numbers into our application. The application then sends this UPC to a server, which looks it up in our database, finds the current URL, and sends it back to the user's browser."

This combination is not a leap of inventive genius but rather the application of routine engineering and computer science principles to a new commercial context (the World Wide Web). There was a clear market need for this functionality, and the tools and concepts to build it were readily available and well understood. Therefore, a PHOSITA would have had a reasonable expectation of success in combining these known elements to create the system described in the '773 patent.

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Conclusion

The core inventive concept of U.S. Patent 5,978,773—using a database to link a standard product identifier (UPC) to a network address (URL)—represents an obvious combination of prior art elements. The prior art taught the use of barcodes for network actions and the seamless input of barcode data into computers. The motivation to use a database for indirection was driven by the clear and pressing technical and business problems associated with long and changing URLs. A Person Having Ordinary Skill in the Art in 1995 would have found this combination to be a logical and straightforward solution to the problem at hand.

Term and Application History of U.S. Patent 5,978,773

Date of Analysis: April 28, 2026

Here is a detailed breakdown of the term, related applications, and family members for U.S. Patent 5,978,773.

Patent Term Adjustments (PTA) and Extensions (PTE)

• Patent Term Adjustment (PTA): U.S. Patent 5,978,773 was filed on October 3, 1995. The provisions for Patent Term Adjustment were established for applications filed on or after May 29, 2000. Because this patent's application was filed before this date, it is not eligible for PTA.
• Patent Term Extension (PTE): There is no indication from the USPTO's records or other public data that this patent was granted any Patent Term Extension. PTE is typically granted for delays caused by regulatory review (e.g., by the FDA) and is not applicable in this case.

Continuation and Divisional Applications

A review of the patent's file history and continuity data reveals the following related applications that claim priority to or are derived from the application for U.S. Patent 5,978,773 (Application No. 08/538,365):

• Divisional Application:

  • Application Number: 09/232,908
  • Filing Date: January 15, 1999
  • Status: This divisional application issued as U.S. Patent 6,199,048 on March 6, 2001.

• Continuation Applications: The patent family includes a series of continuation applications that build upon the original filing:

  • Application Number: 10/768,991 (Continuation of 09/232,908)
    • Filing Date: January 29, 2004
    • Status: Issued as U.S. Patent 7,383,209 on June 3, 2008.
  • Application Number: 11/765,887 (Continuation of 10/768,991)
    • Filing Date: June 20, 2007
    • Status: Issued as U.S. Patent 7,765,126 on July 27, 2010.
  • Application Number: 12/827,814 (Continuation of 11/765,887)
    • Filing Date: June 30, 2010
    • Status: Issued as U.S. Patent 8,131,597 on March 6, 2012.
  • Application Number: 13/323,931 (Continuation of 12/827,814)
    • Filing Date: December 13, 2011
    • Status: Issued as U.S. Patent 8,805,728 on August 12, 2014.
  • Application Number: 14/456,635 (Continuation of 13/323,931)
    • Filing Date: August 11, 2014
    • Status: This application was published as US 2014/0361071 A1 but was subsequently abandoned.

Patent Family Members

In addition to the U.S. continuation and divisional patents, U.S. Patent 5,978,773 is part of a larger international patent family, claiming priority from the initial U.S. application. A patent family consists of a set of patents filed in various countries to protect the same invention. Key international family members include:

• Australia: AU6388496A
• Canada: CA2225302A1
• European Patent: EP0832453A1
• WIPO (PCT): WO1997001137A1

Projected Expiration Date

The term of a U.S. patent filed before June 8, 1995, was 17 years from the issue date or 20 years from the filing date, whichever was longer. For patents filed on or after June 8, 1995, the term is 20 years from the earliest effective filing date.

• Filing Date: October 3, 1995.
• Priority Date: The application claims priority from a provisional application filed on June 20, 1995. However, for calculating the 20-year term, the non-provisional filing date is used.
• Calculation: 20 years from the filing date of October 3, 1995.

Based on this calculation, the projected expiration date for U.S. Patent 5,978,773 was October 3, 2015. The patent has since expired and its technology is now in the public domain. The subsequent patents in the family, being continuations, share the same priority date and have also expired.

Defensive Disclosure and Prior Art Generation

Publication Date: April 28, 2026
Reference Patent: U.S. Patent 5,978,773
Subject Matter: System and method for using a standardized identification number on an article of commerce to retrieve a network address from a database for accessing a remote computer.

This document describes technical variations, extensions, and combinations of the system and method disclosed in U.S. Patent 5,978,773. The purpose of this disclosure is to place these concepts into the public domain, thereby establishing them as prior art for any future patent applications in this domain.

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Derivative Works Based on Core Claims

Axis 1: Material & Component Substitution

1. Derivative: Radio-Frequency Identification (RFID) / Near Field Communication (NFC) Linkage

• Enabling Description: An active or passive RFID or NFC tag is embedded within the article of commerce or its packaging. The tag stores the standardized identification number (e.g., a serialized GTIN). The input device is a stationary or handheld RFID/NFC reader that energizes the tag and reads the identification number without requiring a line of sight. The reader, connected via USB, Bluetooth, or TCP/IP to a local host, transmits the number to the application software. The software then queries the database over a network to retrieve the associated URL, which could, for example, point to a real-time authentication or inventory management portal. The system utilizes standard ISO/IEC 14443 (NFC) or ISO/IEC 18000 series (RFID) protocols for communication between the tag and reader.
• Mermaid Diagram:

  sequenceDiagram
      participant User
      participant Reader as RFID/NFC Reader
      participant Tag as Embedded Tag
      participant LocalHost as Local Host Application
      participant DatabaseServer as Remote Database
      User->>Reader: Bring product near reader
      Reader->>Tag: Energize and request ID
      Tag-->>Reader: Transmit Identification Number
      Reader->>LocalHost: Send ID via Bluetooth/USB
      LocalHost->>DatabaseServer: Query database with ID
      DatabaseServer-->>LocalHost: Return associated Network Address
      LocalHost->>User: Display/Access resource at Address
  

2. Derivative: Direct Object & Logo Recognition

• Enabling Description: The input device is a standard digital camera, such as one integrated into a smartphone or kiosk. Instead of a barcode, the system uses a machine learning model, specifically a pre-trained Convolutional Neural Network (CNN) like ResNet or MobileNet, to perform object recognition. The model is trained to identify the unique packaging, shape, or logo of the article of commerce. Upon a successful identification with a confidence score exceeding a predefined threshold (e.g., 95%), the model outputs the associated product identification number. This number is then used to perform the database lookup as described in the reference patent. This obviates the need for any printed barcode, using the product's inherent visual design as the indicia.
• Mermaid Diagram:

  flowchart TD
      A[Capture Image of Product] --> B{Image Processing};
      B --> C[CNN Model Inference];
      C --> D{Confidence Score > 95%?};
      D -- Yes --> E[Output Product ID];
      D -- No --> F[Recognition Failed];
      E --> G[Query Remote Database with ID];
      G --> H[Retrieve Network Address];
      H --> I[Access Remote Computer];
  

3. Derivative: Acoustic Signature Identification

• Enabling Description: The system uses a microphone as the input device. The "indicia" is a unique acoustic signature, which can be either active (an ultrasonic watermark embedded in a product's advertisement or in-store audio) or passive (the characteristic sound the product makes, such as the snap of a specific container lid). The local host application performs a Fast Fourier Transform (FFT) on the captured audio to generate a spectrogram. This spectrogram is then compared against a library of pre-computed acoustic fingerprints using a perceptual hashing algorithm (pHash). A successful match yields the product identification number, which is then used to query the database for the associated network address.
• Mermaid Diagram:

  graph LR
      subgraph Local Host
          A(Microphone) -- Captures Audio --> B(Signal Processor);
          B -- FFT --> C(Spectrogram Generation);
          C -- pHash --> D(Fingerprint Matching);
      end
      subgraph Remote Server
          E(Fingerprint Library);
      end
      D -- Query --> E;
      E -- Returns Product ID --> D;
      D -- Sends ID --> F(Database Lookup);
      F -- Returns URL --> G(Access Resource);
  

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Axis 2: Operational Parameter Expansion

1. Derivative: Nanoscale Identification and Data Linking

• Enabling Description: This system operates at the molecular or nanoscale for laboratory research and material science applications. The "article" is a batch of quantum dots or other nanoparticles. The "indicia" is the unique spectroscopic signature (e.g., emission spectrum) of the nanoparticles, read by a spectrometer. The spectrometer software generates a unique identifier based on the peak wavelength and full width at half maximum (FWHM). This identifier is used to query a Laboratory Information Management System (LIMS) database. The database links the signature to a complete data record, including synthesis parameters, electron microscopy images, and URLs to published research utilizing that specific batch of nanoparticles.
• Mermaid Diagram:

  stateDiagram-v2
      [*] --> ReadingSignature
      ReadingSignature: Spectrometer captures emission spectrum
      ReadingSignature --> GeneratingID: Generate unique ID from peak wavelength & FWHM
      GeneratingID --> QueryingLIMS: Use ID to query LIMS database
      QueryingLIMS --> RetrievingData: LIMS returns URL to research data/images
      RetrievingData --> [*]
  

2. Derivative: High-Throughput Industrial Sorting System

• Enabling Description: In a manufacturing or logistics facility, articles on a conveyor belt move at high speed (e.g., 5 meters/second). A high-frame-rate industrial camera (e.g., 1000 fps) captures images of each article. A dedicated image processing server with GPU acceleration identifies a 2D Data Matrix code on each product. The decoded identification number is sent to a local, low-latency database (e.g., an in-memory Redis instance) which acts as a cache for the primary remote database. The lookup retrieves not a URL for a browser, but a routing command for the Manufacturing Execution System (MES). The MES then actuates a pneumatic sorter to direct the article to the appropriate downstream process or shipping lane, all within a time budget of less than 100 milliseconds per article.
• Mermaid Diagram:

  sequenceDiagram
      participant Camera
      participant ImageProc as Image Processing Server
      participant Cache as Redis Cache
      participant MES as Manufacturing Execution System
      participant Sorter
      loop For Each Article
          Camera->>ImageProc: Stream Video Frame
          ImageProc->>ImageProc: Decode Data Matrix
          ImageProc->>Cache: Query with Article ID
          Cache-->>ImageProc: Return Routing Command
          ImageProc->>MES: Send Command
          MES->>Sorter: Actuate Sorter
      end
  

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Axis 3: Cross-Domain Application

1. Derivative: Aerospace Component Lifecycle Management

• Enabling Description: Every critical aircraft component is permanently marked with a unique identifier compliant with the ATA Spec 2000 standard, typically via a laser-etched 2D data matrix. During maintenance, a technician uses a ruggedized handheld scanner to read this mark. The identifier is sent over a secure wireless link to a private, cloud-hosted database. The database retrieves a network address pointing to a specific API endpoint. This endpoint provides access to the component's digital twin, a complete data record including its original manufacturing specifications, flight hours, stress test results, maintenance history, and a link to an augmented reality (AR) file for displaying work instructions directly overlaid on the component.
• Mermaid Diagram:

  erDiagram
      COMPONENT ||--o{ LOG_ENTRY : has
      COMPONENT {
          string componentID PK
          string partNumber
          string serialNumber
      }
      LOG_ENTRY {
          int logID PK
          string componentID FK
          datetime timestamp
          string eventType
          string details
          string arDataURL
      }
  

2. Derivative: AgTech Plant-Specific Intervention

• Enabling Description: In a precision agriculture setting, individual plants or small sections of a field are identified by a unique signature derived from hyperspectral imagery captured by an autonomous drone. An image processing algorithm analyzes the unique spectral reflectance of the plant(s) to generate a consistent identifier. This identifier is used to query a geospatial database. The database links the plant's location and identifier to its history (genetics, planting date, soil moisture levels) and retrieves a network address for a specific set of instructions on a variable rate irrigation/fertilizer system. This allows for automated, tailored application of resources at the individual plant level.
• Mermaid Diagram:

  flowchart TD
      A[Drone captures hyperspectral image] --> B[Image processing server];
      B --> C{Generate unique spectral ID for plant};
      C --> D[Query Geospatial Database with ID];
      D --> E{Retrieve plant history & required intervention};
      E --> F[Generate instructions for VRT];
      F --> G(Variable Rate Applicator);
  

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Axis 4: Integration with Emerging Tech

1. Derivative: AI-Powered Personalized Consumer Experience

• Enabling Description: A user scans a UPC on a food product. The UPC is sent to a cloud service along with anonymized context data (e.g., time of day, general location). An AI/ML inference engine receives the UPC and context. It queries multiple databases to retrieve product information, the user's dietary preferences (if opted-in), and local store inventory. The AI then dynamically generates a personalized "experience" URL. This URL leads to a web page featuring not just product info, but recipes using that product which are compatible with the user's diet, a coupon valid at a nearby store that has the item in stock, and a tutorial video on how to prepare one of the recipes.
• Mermaid Diagram:

  graph TD
      subgraph User Device
          A[Scan UPC] --> B(Send UPC + Context);
      end
      subgraph Cloud Platform
          C(API Gateway);
          D(AI/ML Engine);
          E(Product DB);
          F(User Profile DB);
          G(Inventory DB);
      end
      B --> C --> D;
      D --> E;
      D --> F;
      D --> G;
      D --> H{Generate Personalized URL};
      H --> C;
      C --> I(Return URL to User);
      I --> J[User accesses dynamic content];
  

2. Derivative: Blockchain-Verified Product Provenance

• Enabling Description: Each article of commerce (e.g., a luxury handbag, a bottle of fine wine) is assigned a unique, serialized identifier encoded in a QR code. This identifier is cryptographically linked to a non-fungible token (NFT) on a public blockchain (e.g., Ethereum). When a user scans the QR code, the application uses the identifier to query a blockchain indexing service (like The Graph). The service returns a URL to a decentralized application (dApp) interface. This dApp displays the product's immutable provenance, showing every transaction from the manufacturer to the current owner, along with links to certificates of authenticity stored on the InterPlanetary File System (IPFS).
• Mermaid Diagram:

  sequenceDiagram
      participant UserApp
      participant QR as QR Code
      participant Indexer as Blockchain Indexer
      participant Blockchain
      participant IPFS
      UserApp->>QR: Scan Code (get Product ID)
      UserApp->>Indexer: Query with Product ID
      Indexer-->>UserApp: Return dApp URL
      UserApp->>UserApp: Open dApp
      UserApp->>Blockchain: Fetch Ownership History
      Blockchain-->>UserApp: Return Transaction Log
      UserApp->>IPFS: Fetch Certificate of Authenticity
      IPFS-->>UserApp: Return Certificate
  

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Axis 5: The "Inverse" or Failure Mode

1. Derivative: Graceful Degradation with Cached Offline Content

• Enabling Description: The system is implemented in a mobile application for field technicians who may have intermittent connectivity. The application maintains a local SQLite database that caches critical data. When a technician scans a machine part's ID, the app first attempts a lookup against the local SQLite database. If a record is found, it provides the cached network address, which points to safety manuals and basic schematics already stored on the device. Simultaneously, it queues an asynchronous request to the primary remote server. If and when that request succeeds, the app notifies the user that updated information (e.g., real-time diagnostics) is available and updates its local cache with the latest URL and associated content.
• Mermaid Diagram:

  stateDiagram-v2
      state "Online" as On
      state "Offline" as Off
  
      [*] --> Off
      On --> Off: Network Lost
      Off --> On: Network Acquired
  
      state Off {
          [*] --> Scanning
          Scanning --> LocalLookup: On Scan
          LocalLookup --> DisplayCached: Record Found
          LocalLookup --> NoData: No Record
          DisplayCached --> Scanning
          NoData --> Scanning
      }
  
      state On {
          [*] --> Scanning
          Scanning --> RemoteLookup: On Scan
          RemoteLookup --> DisplayLive: Success
          RemoteLookup --> LocalLookup: Fail/Timeout
          DisplayLive --> CacheUpdate: Update local DB
          CacheUpdate --> Scanning
      }
  

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Combination Prior Art with Open-Source Standards

1. Combination: GS1 Digital Link + DNS Resolver

• Enabling Description: The invention's method is implemented using the open GS1 Digital Link standard, which defines a web-addressable syntax for existing UPC/GTINs. The "indicia" is a standard UPC barcode 049123456789. A scanning application transforms this into the GS1 Digital Link URI: https://id.gs1.org/gtin/0049123456789. The "local host" is a standard DNS resolver. It initiates a DNS query for this URI. The "database" is the global Domain Name System. The GS1 server is configured with DNS records (e.g., CNAME or A records with HTTP redirects) that associate that specific path with a final network address provided by the product manufacturer. The "retrieving" step is the standard DNS resolution process, making the entire system function using open, federated internet infrastructure.

2. Combination: Decentralized Identifiers (DIDs) + Verifiable Credentials (VCs)

• Enabling Description: A product is marked with a QR code containing a W3C standard Decentralized Identifier (DID), such as did:ion:EiC.... The "input device" is a smartphone camera, and the "local host" application contains an open-source DID resolver library. The "database lookup" is the process of resolving the DID, which involves querying a distributed ledger (the DID method's "database," e.g., Bitcoin or a dedicated identity network) to retrieve a DID Document. This JSON-LD document contains service endpoints, one of which is the "network address." This address points to a server that can issue a W3C standard Verifiable Credential, providing cryptographically-verifiable claims about the product, such as its origin or organic status.

3. Combination: MQTT + Sparkplug for IIoT

• Enabling Description: In an Industrial IoT (IIoT) factory setting, a machine part is identified by a standardized asset ID on its nameplate. An operator scans the ID. The "local host" application uses this ID to construct an MQTT topic string according to the open Eclipse Sparkplug specification (e.g., spv1.0/MyFactory/NBIRTH/MyMachine-123). The application then subscribes to this topic on an open-source MQTT broker (e.g., EMQ X). The "remote computer" is the machine's embedded controller, which, upon connection to the broker, publishes its full data model and a URL to its HMI/documentation as a Sparkplug "NBIRTH" message on that topic. The "database" is the MQTT broker itself, which associates the topic (derived from the ID) with the publisher. The "retrieved network address" is the URL contained within the payload of the received NBIRTH message.