Patent US8131597
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
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Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
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Analysis of Relevant Prior Art for US Patent 8,131,597
Below is an analysis of prior art references cited during the prosecution of U.S. Patent 8,131,597. The analysis focuses on references that are most pertinent to the independent claims of the patent, which cover a system and method for using a machine-read index (like a UPC) to retrieve a network pointer (like a URL) from a remote database for the purpose of accessing an information computer.
1. U.S. Patent 5,905,865
- Full Citation: US Patent 5,905,865, "Apparatus and method of automatically accessing on-line services in response to broadcast of on-line addresses," filed by Palmer et al. on October 30, 1995.
- Publication/Filing Date: Filed Oct 30, 1995; Published May 18, 1999.
- Brief Description: This patent describes a system where an online address, such as a URL, is broadcast simultaneously with audio/video programming (e.g., a TV show). A computer receives this broadcast address and uses it to automatically access the online service, saving the user from having to find and manually enter the address.
- Potential Anticipation of Claims:
- Distinction from US8131597: The '865 patent teaches broadcasting an actual network address (a URL) to a computer, which then connects to that address. It does not disclose the core concept of US8131597, which is using an index or product identifier (like a UPC) that is separate from the network address itself, and then using that index to look up the network address in a remote database. The '865 patent describes a direct push of the address, whereas US8131597 describes an indirect lookup system. Therefore, the '865 patent does not appear to anticipate the key elements of claims 1, 12, 22, and 27, which all require the transmission of an "index" to a server for the retrieval of a "pointer" from a database.
2. U.S. Patent 5,978,773
- Full Citation: US Patent 5,978,773, "System and method for using an ordinary article of commerce to access a remote computer," filed by Hudetz et al.
- Publication/Filing Date: Filed Oct 3, 1995; Published Nov 2, 1999.
- Brief Description: This patent is from the same inventors and is part of the same patent family as US8131597. It is, in fact, the parent patent from which US8131597 is a continuation. It discloses the foundational invention: using a standard product identifier (e.g., UPC barcode) on an article of commerce, reading that identifier with a device, sending it to a computer with a database that associates the identifier with a network address (URL), and using that address to access a remote resource.
- Potential Anticipation of Claims:
- As the parent patent in the same family, US5,978,773 does not serve as prior art against US8131597 for the purposes of a novelty rejection under 35 U.S.C. § 102. The claims of US8131597 are built upon the disclosure of this parent case, to which it claims priority. The filing date of the application leading to US8131597 benefits from the earlier filing date of this parent application. An examiner would typically use this reference to make a rejection for obviousness-type double patenting, which prevents an inventor from obtaining a second patent for claims that are not patentably distinct from the claims of the first patent.
3. U.S. Patent 6,098,106
- Full Citation: US Patent 6,098,106, "Method of associating a related document with a requested document," filed by Philyaw et al.
- Publication/Filing Date: Filed May 7, 1998; Published Aug 1, 2000.
- Brief Description: This patent details a method for linking a physical object to online information. It describes providing a unique code on a product, which a user can enter (e.g., via a computer) to be linked to a network address specified by the manufacturer. The system is designed to allow manufacturers to associate dynamic online content with their physical products.
- Potential Anticipation of Claims:
- The '106 patent discloses many of the core elements of the claims of US8131597. It teaches using a code on an object (the "index"), transmitting that code from a user computer, having a server system look up a corresponding network address, and returning that address to the user to facilitate a connection. This reference appears to disclose the fundamental process claimed in US8131597. An argument for anticipation would be strong, as the '106 patent's disclosure maps closely to the steps outlined in independent claims 1, 12, 22, and 27. It describes a user computing system sending an index, a remote server receiving the index, looking up a pointer (network address) in a database, and returning it to the user system for connection.
4. U.S. Patent 5,768,528
- Full Citation: US Patent 5,768,528, "Information and services ordering system," filed by Stumm.
- Publication/Filing Date: Filed Nov 29, 1994; Published Jun 16, 1998.
- Brief Description: This patent describes a system for ordering goods or services from a catalog using a computer and a barcode scanner. A user scans a barcode from a printed catalog, which contains a product identifier. The computer transmits this identifier over a network to a vendor's server. The server uses the identifier to retrieve product information from a database, which is then used to facilitate an order.
- Potential Anticipation of Claims:
- The '528 patent teaches many of the key elements of the '597 patent's claims. It discloses:
- Machine-reading a data carrier (scanning a barcode from a catalog) to get an index (product ID).
- The user's computing system transmitting this index to a remote server.
- The remote server receiving the index and using it to access a database to retrieve information.
- Returning information to the user's system.
- This reference presents a strong case for anticipating the claims of US8131597. The primary difference is the context—the '528 patent is focused on placing an order from a catalog, while the '597 patent is framed more broadly around accessing any remote information computer. However, the underlying technical process of scanning an ID to look up remote data is highly similar. The "pointer" in the '597 claims could be interpreted as the database record location or product information in the '528 patent, which is then used to establish further communication (e.g., to place an order). Therefore, it likely anticipates the core steps of claims 1, 12, 22, and 27.
- The '528 patent teaches many of the key elements of the '597 patent's claims. It discloses:
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