I help Peter Calveley in his
request for the reexamination of the Amazon One-click patent. In this page I
analyze the family of the One Click patent, and for each application, its examination and the prior art that was considered
in said reexamination.
Another page, 1-click analysis aims to
- analyze the subject matter claimed by 1-click;
- identify prior art;
- identify keywords to find prior art.
In 1-click prior art I analyze patent prior art identified in 1-click analysis.
Note that Peter is still looking for donations to pay the reexamination fee. Click on the Paypal button of this
page to donate.
I created a mailing list, https://lists.sourceforge.net/lists/listinfo/pagebox-intellectualp.
For questions related to this work. For information that could be of interest for parties whose objectives are different from ours send a mail to support@pagebox.net.
The following figure depicts the family of the 1-click patent.
Patents and patent applications in this family claim two different scopes:
- the one-click scope relating to the capability to buy an item without checking out a shopping cart and
filling a form with payment and shipping data;
- the gift scope relating to the capability to order a gift without entering comprehensive shipping data.
CIP stands for continuation in part.
EP0927945 was granted and entered the European opposition phase in which three parties opposed.
The 1-click patent was filed on September 12, 1997 and granted to Amazon on September 28, 1999 with number
5,960,411.
This patent is entitled "Method and system for placing a purchase order via a communications network."
The corresponding application number is 08/928,951.
Inventors are Peri Hartman, Jeffrey P. Bezos, Shel Kaphan and Joel Spiegel.
Claim 1 reads
A method of placing an order for an item comprising:
- under control of a client system,
- displaying information identifying the item; and
- in response to only a single action being performed, sending a request to order the item
along with an identifier of a purchaser of the item to a server system;
- under control of a single-action ordering component of the server system,
- receiving the request;
- retrieving additional information previously stored for the purchaser identified by the
identifier in the received request; and
- generating an order to purchase the requested item for the purchaser identified by the
identifier in the received request using the retrieved additional information; and
- fulfilling the generated order to complete purchase of the item
- whereby the item is ordered without using a shopping cart ordering model.
PAIR continuity data teach that 5,960,411 has four children:
- 09/151,617 filed on 09-11-1998 which is Pending claims the benefit of 08/928,951.
- 09/318,447 filed on 05-25-1999 which is Pending claims the benefit of 08/928,951.
- 10/194,602 filed on 07-12-2002 which is Pending claims the benefit of 08/928,951.
- PCT/US98/18926 filed on 09-10-1998 which is Pending claims the benefit of 08/928,951.
References
Number |
Filed |
Title |
Referenced by |
4,937,863 |
March 7, 1988 |
Software licensing management system |
106 |
5,204,897 |
July 14, 1992 |
Management interface for license management system |
146 |
5,260,999 |
September 15, 1992 |
Filters in license management system |
120 |
5,627,940 |
January 17, 1995 |
Method and apparatus for interactive document preparation using a natural language |
11 |
5,640,501 |
October 6, 1993 |
Development system and methods for visually creating goal oriented electronic form
applications having decision trees | 29 |
5,640,577 |
August 22, 1995 |
Data processing system with automated at least partial forms completion |
34 |
5,664,111 |
February 16, 1994 |
Computerized, multimedia, network, real time, interactive marketing and transactional
system | 48 |
5,715,314 |
October 24, 1994 | Network sales system |
281 |
5,715,399 |
May 30, 1995 |
Secure method and system for communicating a list of credit card numbers over a
non-secure network | 43 |
5,727,163 |
March 30, 1995 |
Secure method for communicating credit card data when placing an order on a non-secure
network | 66 |
5,745,681 |
January 11, 1996 |
Stateless shopping cart for the web | 113 |
5,758,126 |
March 19, 1996 |
Customizable bidirectional EDI translation system |
23 |
EP0855687 /
6,490,567 |
January 15, 1997 |
System and method for distributed content electronic commerce |
2 |
EP0855659 /
5,961,593 |
January 22, 1997 |
System and method for providing anonymous personalized browsing in a network |
33 |
EP0845747 |
November 28, 1996 |
A delivery managing system | 13 |
EP0883076 |
June 4, 1997 | Network charge server |
- |
WO9530961 |
May 6, 1994 |
Method and apparatus for communicating with a card distribution center for management,
selection, and delivery of social expression cards | 12 |
WO9638799 |
May 30, 1995 |
Secure method and system for communicating a list of credit card numbers over a
non-secure network | - |
WO9821679 |
November 13, 1996 |
SYSTEM AND METHOD FOR CONDUCTING COMMERCE OVER A DISTRIBUTED NETWORK |
- |
PAIR continuity data teach that 09/151,617 is a continuation in part of the abandoned 09/046,503,
which is a continuation in part of 08/928,951.
Its title is "Method and system for placing a purchase order via a communications network," the same title as 5,960,411.
It was not assigned an application number and as such cannot be searched with patft.uspto.gov.
However the description and claims can be downloaded from PAIR.
09/151,617 adds to 5,960,411 a limitation "receiving from a user an indication of a recipient to
whom the ordered item is to be delivered" and claims related to gift delivery.
The examiner made a non-final rejection.
He found that 09/151,617 was obvious over 5,826,242.
The Amazon attorney replied that:
- claims are "directed to techniques in which a user orders an item (eg., a gift) that is to be
sent to a recipient,"
- claims "make it clear that additionnal information is collected from sources other than the
user who orders the item,
- claims "recite that additionnal information is collected from sources other than the user
who places the order."
To summarize the attorney found that 5,826,242 does not teach the shipping limitation.
However the examiner made a final rejection on the same ground.
The Amazon attorney filed an appeal in which he wrote that the invention relates to a technology
allowing a user to place a purchase order with a vendor over a network without providing complete delivery information
(eg., a delivery address) for a recipient of the order.
Then, in a non-final rejection, the examiner found that 09/151,617 was obvious over
5,826,242 in view of 5,870,717.
09/046,503 was entitled "coordinating delivery of a gift", was never made public on the USPTO site and abandoned
before any examiner rejection. It was filed on March 23, 1998.
However it was filed as a priority document in the EP0927945 examination.
Therefore we can find it with the European Online File Inspection.
Here is the first claim:
No data available.
10/194,602 was published as
20020178089.
Its title is "Coordinating delivery of a gift".
The first claim of 10/194,602 reads:
A method in a computer system for coordinating the delivery a gift given by a gift giver to a recipient,
the method comprising:
- receiving an order from the gift giver, the order identifying a gift to be delivered to the recipient and having contact
information describing the recipient;
- storing the received order in an order database along with an order tracking number;
- sending a communications to the recipient based on the contact information, the communications requesting delivery
information for the gift, the communications including the order tracking number so that the recipient can include the
order tracking number in a responds to the communications for identification of the stored order;
- when the recipient does not respond to the communications, collecting additional delivery information for the gift
based on the contact information;
- when potential delivery information for the gift has been identified, verifying whether the potential delivery
information is valid; and
- when the delivery location has been verified as being valid, sending the gift in accordance with the delivery
information; and notifying the gift giver that the gift has been sent to the recipient.
The notice of allowance was sent on June 22, 2005. So the patent is about to be granted.
In a first non-final rejection the examiner found that a number of claims of 10/194,602 were obvious over
5,970,474 in view of 5,860,068.
The attorney requested an interview finding that 5,970,474 teaches a
electronic bridal list in which there was no reason to ask the recipient (here the registrant) to
confirm the delivery address.
The examiner made a second non-final rejection, finding that a number of claims were obvious over
5,513,117 in view of 6,085,170.
Amazon attorney found that 6,085,170 does not teach a use of email for
getting delivery information.
The examiner found the reasoning not persuasive (5,513,117 teaches the use
of phone for getting delivery information) and made a third non-final rejection.
The examiner also used a 5,737,729 patent. Then Amazon appealed.
5,826,242
is entitled "Method of on-line shopping utilizing persistent client state in a hypertext transfer
protocol based client-server system". This application was filed by Netscape on August 27, 1997 and
granted on October 20, 1998. This seems to be a "cookie" patent.
Claim 1 reads
"A method of on-line shopping by a customer using a browser running on a client computer, said
method comprising the steps of:
- sending a first request by said browser to a merchant server for a first HTML document
describing a product;
- displaying said HTML document on said client computer, said displayed HTML document describing
said product;
- selecting, by said customer, said product;
- sending a second request by said browser to said merchant server in response to said selection
made by said customer;
- sending a state object from said merchant server to said browser, said state object identifying
said product; and
- storing said state object on said client computer by said browser."
References
Number |
Filed |
Title |
Referenced by |
5,710,887 |
August 29, 1995 |
Computer system and method for electronic commerce |
315 |
5,721,832 |
May 12, 1995 |
Method and apparatus for an interactive computerized catalog system |
46 |
5,740,425 |
September 26, 1995 |
Data structure and method for publishing electronic and printed product catalogs |
52 |
5,745,681 |
January 11, 1996 |
Stateless shopping cart for the web |
113 |
5,754,656 |
August 1, 1996 |
Electronic shopping method, electronic shopping system and document authenticating method relating thereto |
14 |
5,757,917 |
November 1, 1995 |
Computerized payment system for purchasing goods and services on the internet |
137 |
5,758,327 |
November 1, 1995 |
Electronic requisition and authorization process |
43 |
5,760,771 |
July 17, 1996 |
System and method for providing structured tours of hypertext files |
37 |
5,761,649 |
June 5, 1995 |
Method for updating a remote computer |
32 |
5,870,717
is entitled "System for ordering items over computer network using an electronic catalog". This
application was filed by IBM on November 13, 1995 and granted on February 9, 1999.
Claim 1 reads
"A system for electronically ordering items within an enterprise comprising:
- a maintenance entity. located outside said enterprise, for receiving price and availability
data from a plurality of distributors and means for receiving and processing images and text of
catalog data from a plurality of catalog content providers for creating and maintaining one or
more electronic master catalogs in a central location for subsequent distribution to a plurality
of shadow catalog servers distributed throughout said enterprise, where said shadow servers
contain data representing a customized electronic catalogue from said master catalogs, over a
computer network, said maintenance entity comprises:
- means for constructing said customized catalog from said master catalogs;
- means for receiving a supplier's price and catalog availability changes from a plurality of
said distributors and propagating them to one or more selected buyers over said computer network;
- means for receiving catalog changes from a plurality of said catalog content providers and
propagating them to one or more selected buyers over said computer network;
- one or more computer systems, maintained by said maintenance entity, and having means for
creating and transmitting to a plurality of shadow catalog servers within said enterprise, images
and text of a plurality of catalog items offered by said content provider and price and
availability data from said suppliers; said enterprise comprises:
- a plurality of first end-user computer systems geographically distributed throughout said
enterprise comprising a user interface and able to access disk storage on said shadow catalog
server, and having means for electronically ordering said catalog items from said shadow catalog
servers;
- said shadow catalog servers, which comprise a second computer system whose disk storage can be
accessed over a local area network by one or more first end-user's computers; said disk storage
being used to hold and maintain (1) one or more customized electronic catalogs, and (2) internal
program code comprising a Catalog Browser capable of transmitting purchase orders to a master
buyer and server, and having means for allowing an end user to view said customized electronic
catalog in order to facilitate comparisons between catalog items from several suppliers, and in
permitting orders to be generated containing items from several suppliers;
- said master buyer server comprising a third computer system located within said enterprise
containing (1) purchase order workflow software comprising an order manager and a purchase order
workflow which takes purchase orders from one or more end user computers and controls their flow
through said enterprise's business processes before transmitting them over a network to the
supplier; and (2) a Purchase Order data base; and
- means for said master buyer server to receive information from and transmit information to
said supplier.
References
Number |
Filed |
Title |
Referenced by |
4,992,940 |
March 13, 1989 |
System and method for automated selection of equipment for purchase through input of user desired specifications |
299 |
5,315,504 |
March 14, 1990 |
Electronic document approval system |
32 |
5,319,542 |
September 27, 1990 |
System for ordering items using an electronic catalogue |
150 |
5,570,291 |
August 31, 1994 |
Custom product estimating and order processing system |
53 |
5,576,951 |
March 16, 1994 |
Automated sales and services system |
70 |
5,970,474
is entitled "Registry information system for shoppers". This application was filed by Sears on April 24, 1997 and granted
on October 19, 1999.
Claim 1 reads
A product information system for selecting, monitoring and purchasing of products in a retail establishment, comprising:
- a local area network;
- a handheld product selection device directly in communication with said local area network via wireless communication
for identifying desired items selected by a registrant;
- a host computer providing a registry database in communication with said local area network;
- a data processor in communication with said local area network adapted to communicate with the product selection device
via said local area network to thereby collect the desired items selected by the registrant and route said desired items to
said registry database on said host computer;
- a registry retrieval device in communication with said local area network configured to retrieve updated registry data
from the host computer in response to a request from a purchasing customer, said retrieval device having an output unit for
displaying an updated list of items in the registry database;
- a point-of-sale data input device in communication with said local area network for identifying desired items which have
been purchased by a customer for routing to said host computer;
- a registry input device in communication with said local area network for collecting general information from a
registrant desiring to create said registry database; and
- said host computer having a storage unit for maintaining the registry database and a data processor for processing
selection and purchasing transactions, wherein desired items consecutively selected by the registrant are added to the
registry database to create a registry list, and desired items purchased by the customer are associated with the registry
database to create an updated list reflecting the purchase of said desired items.
References
Number |
Filed |
Title |
Referenced by |
Re33,054 |
August 28, 1987 |
Inventory control and reporting system for drycleaning stores |
10 |
4,780,599 |
June 28, 1985 |
Apparatus for retrieving stored information about various items in response to coding on the items |
78 |
4,929,819 |
December 12, 1988 |
Method and apparatus for customer performed article scanning in self-service shopping |
56 |
4,973,952 |
September 21, 1987 |
Shopping cart display system |
99 |
5,047,614 |
August 8, 1989 |
Method and apparatus for computer-aided shopping |
115 |
5,243,174 |
March 5, 1991 |
Method and apparatus for generating gift certificates |
64 |
5,361,871 |
August 20, 1991 |
Product information system for shoppers |
60 |
5,513,117 |
July 26, 1995 |
Apparatus and method for electronically dispensing personalized greeting cards and gifts |
97 |
5,581,707 |
July 27, 1994 |
System for wireless collection of data from a plurality of remote data collection units such as portable bar code readers |
9 |
5,625,562 |
January 29, 1996 |
Internal bar code reading apparatus |
23 |
5,652,421 |
June 7, 1995 |
Method and apparatus for generating gift certificates |
32 |
5,754,981 |
June 7, 1995 |
Gift registry apparatus and method |
14 |
5,774,874 |
November 22, 1995 |
Multi-merchant gift registry |
31 |
5,860,068
is entitled "Method and system for custom manufacture and delivery of a data product". This application was filed by Petabyte
on December 4, 1997 and granted on January 12, 1999.
Claim 1 reads:
A method of custom manufacture of a digital data product from digital information supported in a
disk farm connected to a network, wherein a set of burner machines are connected to the network,
the method comprising the steps of:
- selecting a set of digital data files in the disk farm;
- identifying one of the set of burner machines to be used in manufacturing the product;
- transferring each of the digital data files of the set to the identified machine;
- isolating the identified machine from interference; and
- recording the digital data files of the set to a physical medium.
References
Number |
Filed |
Title |
Referenced by |
4,569,068 |
April 6, 1984 |
X-Ray Lithography apparatus |
1 |
5,631,888 |
April 3, 1996 |
Master disc recording apparatus and method for recording data on different types of master discs |
6 |
5,729,741 |
April 10, 1995 |
System for storage and retrieval of diverse types of information obtained from different media sources which includes video, audio, and text transcriptions |
48 |
5,513,117
was filed by Maynard E. Small on July 26, 1995 and granted on April 30, 1996.
Claim 1 reads:
A method of creating and forwarding a combination personalized greeting card and electronically
generated gift comprising the steps of:
- remotely interconnecting a central terminal and a remotely located interactive terminal;
- displaying a menu of alphanumeric and/or graphic information on a monitor at the interactive
terminal from which a customer at the interactive terminal can select data to be used to
personalize said card;
- prompting the customer to select said card data and/or add personal information via a data
input means at the interactive terminal to create personalized greeting card data for said card;
- displaying on said interactive terminal monitor a menu of gift categories accessible via
prepaid long distance telephone access accounts and a plurality of gift values from which a
customer can select a particular gift category at a selected value via said data input means;
- prompting the customer to select said gift category and said value via said data input means;
- creating, at said central terminal, a greeting card with said personalized greeting card data;
- associating with said greeting card information concerning said selected telephone access
account including a predetermined telephone number for accessing said prepaid long distance
account and account authorizing data; and
- forwarding the card and the associated gift information to the customer or a recipient.
References
Number |
Filed |
Title |
Referenced by |
4,414,896 |
March 1, 1982 |
Sheet-fed rotary prime and verso offset printing machine & method |
22 |
4,616,327 |
January 13, 1984 |
Personalized graphics and text materials, apparatus and method for producing the same |
53 |
4,625,275 |
April 3, 1984 |
Apparatus for dispensing money orders |
41 |
4,677,565 |
February 11, 1986 |
Automatic vending system |
41 |
4,699,532 |
October 31, 1986 |
Method and apparatus for dispensing money orders |
30 |
4,733,362 |
September 20, 1985 |
Drug dispensing apparatus with a printer having programmable format |
58 |
4,789,147 |
February 5, 1988 |
System and method for selective assembly and imaging of books |
59 |
4,809,837 |
February 26, 1987 |
Control device for a vending machine and gift certificate for use thereon |
46 |
4,817,043 |
June 28, 1988 |
Information kiosk |
38 |
4,839,829 |
November 5, 1986 |
Automated printing control system |
81 |
4,873,643 |
October 22, 1987 |
Interactive design terminal for custom imprinted articles |
62 |
4,896,791 |
November 10, 1988 |
Coupon dispensing system |
78 |
4,949,257 |
November 7, 1989 |
Automated merchandising system for computer software |
80 |
4,970,655 |
November 1, 1988 |
Automatic fee collecting and receipt dispensing system |
82 |
5,017,953 |
June 14, 1989 |
Automatic photographic apparatus and automatic frame dispensing machine |
18 |
5,029,099 |
December 13, 1988 |
Method and apparatus for vending customized documents |
22 |
5,036,293 |
October 19, 1990 |
Oscillator for use with video signal time scaling apparatus |
8 |
5,036,472 |
December 8, 1988 |
Computer controlled machine for vending personalized products or the like |
82 |
5,056,029 |
September 18, 1989 |
Method and apparatus for manufacturing and vending social expression cards |
49 |
5,127,104 |
December 29, 1986 |
Method and product involving translation and execution of programs by automatic partitioning and data structure allocation |
25 |
5,132,915 |
October 30, 1989 |
Document dispensing apparatus and method of using same |
46 |
5,133,560 |
August 31, 1990 |
Spelling game method |
8 |
5,143,279 |
September 28, 1990 |
Gift card and envelope |
8 |
5,243,174 |
March 5, 1991 |
Method and apparatus for generating gift certificates |
64 |
5,340,966 |
October 17, 1991 |
Automatic facsimile-receiving-sheet recognizing apparatus |
53 |
5,408,417 |
July 5, 1994 |
Automated ticket sales and dispensing system |
87 |
5,425,078 |
July 19, 1993 |
Voice message keepsake system |
13 |
5,426,594 |
April 2, 1993 |
Electronic greeting card store and communication system |
88 |
5,442,567 |
April 30, 1993 |
Apparatus and method for electronically dispensing personalized greeting cards and gifts |
32 |
6,085,170
was filed by Hitachi on November 21, 1997 and granted on July 4, 2000.
Claim 1 reads:
A delivery managing system for managing delivery of a delivery goods from a distribution center
through an agent to a receiver;
a client for providing at least a schedule information of the receiver;
a distribution server for providing at least a delivery schedule information and for managing
delivery of the delivery goods;
an agent server for managing commission on the delivery goods by the agent;
a data transmission network, through which said client, said agent server and said distribution
server are connected to one another;
means for determining date and time for delivery of the delivery goods and for deciding the agent
to be used, between said client and said distribution server; and
means for notifying of arrival and departure of the delivery goods to and from the agent to at
least one of said distribution server and said client.
References
Number |
Filed |
Title |
Referenced by |
4,894,717 |
March 27, 1989 |
Delivered article storage control system |
28 |
5,072,401 |
October 3, 1989 |
Optimizing mail delivery systems by logistics planning |
48 |
5,223,829 |
July 9, 1991 |
Electric locker apparatus with automatic locker box designation device |
27 |
5,465,291 |
January 6, 1995 |
Apparatus for ordering from remote locations |
71 |
5,469,362 |
May 16, 1994 |
Dispatching method and apparatus for monitoring scheduled mail |
9 |
5,485,369 |
September 28, 1993 |
Logistics system for automating tansportation of goods |
56 |
5,576,951 |
March 16, 1994 |
Automated sales and services system |
70 |
5,666,493 |
August 24, 1993 |
System for managing customer orders and method of implementation |
98 |
5,758,329 |
June 7, 1995 |
System for managing customer orders and method of implementation |
48 |
5,794,222 |
September 13, 1996 |
Mail processing system and devices therefor |
3 |
EP0370146 /
4,799,156 |
October 1, 1986 |
Interactive market management system |
378 |
EP0683483 /
5,752,227 |
May 1, 1995 |
Method and arrangement for speech to text conversion |
12 |
5,737,729
was filed by Donald E. Denman on June 4, 1996 and granted on April 7, 1998.
Claim 1 reads
A system for providing interaction with a customer for selection of a plurality of mail pieces and
subsequent sending of a selected mail piece from said plurality of mail pieces to a selected
address, said system comprising:
- a kiosk having a communication means including a selection means for prompting said customer
to select one of said plurality of mail pieces and an input means for receiving customer entered
data to be included on said selected mail piece said input means includes an automatic address
search means for searching a database of addresses to match parameters entered by said customer;
- a control means supported in kiosk for controlling said communication means and for storing
customer entered data; and
- a finishing means for finishing said selected mail piece with said customer entered data.
References
Number |
Filed |
Title |
Referenced by |
3,864,708 |
December 4, 1973 |
Automatic photographic apparatus and vending machine |
- |
4,410,961 |
February 17, 1981 |
Interface between a processor system and peripheral devices used in a mailing system |
35 |
4,712,909 |
August 21, 1986 |
CRT composite image printing method and apparatus |
28 |
4,800,505 |
March 13, 1987 |
Mail preparation system |
109 |
4,970,655 |
November 1, 1988 |
Automatic fee collecting and receipt dispensing system |
82 |
5,056,029 |
September 18, 1989 |
Method and apparatus for manufacturing and vending social expression cards |
49 |
5,072,253 |
September 5, 1989 |
Ordering and recording information system for business and greeting cards |
63 |
5,085,470 |
February 4, 1991 |
Combined post card and check |
22 |
5,180,906 |
August 3, 1990 |
Method of manufacturing card |
14 |
5,313,404 |
June 11, 1990 |
Automatic postal teller machine |
15 |
5,457,636 |
July 29, 1993 |
Postal finishing kiosk |
13 |
5,477,462 |
October 30, 1992 |
Method and system for preparing an item for mailing including cost recapture feature |
2 |
5,481,464 |
February 18, 1994 |
System for collecting and shipping items |
22 |
5,513,116 |
July 25, 1991 |
Computer controlled machine for vending personalized products or the like |
37 |
5,513,117 |
July 26, 1995 |
Apparatus and method for electronically dispensing personalized greeting cards and gifts |
97 |
5,546,316 |
April 6, 1992 |
Computer controlled system for vending personalized products |
78 |
5,552,994 |
July 12, 1993 |
System for printing social expression cards in response to electronically transmitted orders |
27 |
5,555,496 |
May 6, 1994 |
Method and apparatus for communicating with a card distribution center for management, selection, and delivery of social expression cards |
37 |
5,615,123 |
April 2, 1991 |
System for creating and producing custom card products |
32 |
5,617,528 |
February 6, 1995 |
Method and apparatus for interactively creating a card which includes video and cardholder information |
35 |
Two priority documents were filed:
- 08/928,951 (1-click)
- 09/046,503 (abandoned)
Though EP0927945 is
entitled "Method and system for placing a purchase order via a communications network" claims
clearly relate to 09/046,503. Claim 1 reads:
A method in a computer system for co-ordinating delivery of a gift from a gift giver to a
recipient, the gift and recipient being specified in a gift order, the method comprising:
- determining whether the gift order includes sufficient information so that the gift can be
delivered to the recipient;
- when sufficient information is not provided in the gift order, obtaining delivery information
from one or more information sources; and
- when sufficient delivery information can be obtained from the additional information sources
so that the gift can be delivered to the recipient, directing the gift to be sent to the recipient
as indicated by the deliver information.
The search report lists:
- EP0902381 from Amazon
- EP0845747 from Hitachi
- WO9530961 from Tackbary
- 5,451,998 from Hamrick
The examiner did not use prior art. He found that the invention was using conventional means and
therefore was not inventive. After a second phone he however granted the patent.
Then the patent entered an opposition phase in which the
Gesellschaft fur Informatik e.V., the
Foundation for a Free Information Infrastructure
(FFII) and Fleurop-Interflora opposed to the patent.
Here are what opponents say about themselves:
- "Fleurop-Interflora is the world market leader and best known flower ordering service in Europe,
supported by over 58,000 carefully selected affiliated flower shops in over 150 countries."
- "The Foundation for a Free Information Infrastructure (FFII) is a non-profit association
registered in several European countries, which is dedicated to the spread of data processing
literacy. FFII supports the development of public information goods based on copyright, free
competition, open standards. More than 650 members, 3,000 companies and 90,000 supporters have
entrusted the FFII to act as their voice in public policy questions concerning exclusion rights
(intellectual property) in data processing."
- "Founded 1969 in Bonn, the Gesellschaft fur Informatik e.V. (GI) has currently about 25.000
members, coming from all areas of business and science. United in this non-profit organization to
promote informatics where ever it is used. This is the arena to exchange ideas between people with
completely different experiences being either manager or user, professor or student, entrepreneur
or apprentice. But GI is far more then just a classic scientific society. Not only supporting the
interests of its members, scientific work is done in a decentralized way in all kinds of regional
based groups and councils covering various topics on different levels of expertise. And even more
important, GI following its charter and ethic principles, invests time and effort to play an
important role spreading information about informatics, by this means being an active player in
the present and future of society."
Opponents found:
- an article of the Bell System Technical Journal entitled "Language Development tool"
that describes lex and yacc;
- 5,737,729 that was found too recent according to Amazon
- a Japanese patent
04-153795;
- 5,555,496
EP0902381 is entitled
"Method and system for placing a purchase order via a communications network".
Claim 1 reads:
A method for placing an order to purchase an item, the order being placed by a purchaser at a
client system and received by a server system, the method comprising:
- under control of the server system,
- receiving purchaser information including identification of the purchaser, payment
information, and shipment information from the client system;
- assigning a client identifier to the client system;
- associating the assigned client identifier with the received purchaser information;
- sending to the client system the assigned client identifier; and
- sending to the client system display information identifying the item and including an order
button;
- under control of the client system,
- receiving and storing the assigned client identifier;
- receiving and displaying the display information; and
- in response to the selection of the order button, sending to the server system a request to
purchase the identified item, the request including the assigned identifier; and
- under control of the server system,
- receiving the request; and
- combining the purchaser information associated with the client identifier included with the
request to generate an order to purchase the item in accordance with the billing and shipment
information
- whereby the purchaser effects the ordering of the product by selection of the order button.
This is the same scope as 1 click though two priority documents were filed:
- 08/928,951 (1-click)
- 09/046,503 (abandoned)
The search report lists:
- WO9638799 from Amazon
- WO9821679 from Microsoft
- EP0883076
- EP0845747 from Hitachi
- WO9530961 from Tackbary
The examiner used the following pieces of prior art:
- EP0883076
- WO9821679 from Microsoft
- an article of Dr Dobbs' entitled "Implementing a Web Shopping Cart" by Chris Baron and Bob
Weil included in the September 1996 issue. This paper explains that a shopping cart implies:
- a database of text and graphics describing the items in the catalog;
- an efficient mechanism to display the items on demand;
- a process to collect shipping and payment information;
- a method of tracking items the user wishes to purchase;
- a way to identify the user, and a way to group a series of HTTP requests into a single
"session."
- WO9530961 from Tackbary
The examiner notably found that EP0883076 discloses the steps of
The examiner did not accept the application.
Amazon addressed the EP0883076 objection in the following way:
The examiner sent a second examination in which he found that the Dr Dobbs article taught:
The examiner did not reuse EP0883076 though he did not write that Amazon reason was persuasive.
It seems that he chose to use a third party observation.
Amazon replied that the Dr Dobbs article did not teach omitting the checkout form.
EP0845747 is entitled
"A delivery managing system". EP0845747 was filed on November 28, 1997.
It was patented in USA as 6,085,170.
Claim 1 reads:
A system for managing the delivery of goods from a distribution centre through an agent to a
receiver, comprising:
- a client for providing at least a schedule information of the receiver;
- a distribution server for providing at least a delivery schedule information and for managing
the delivery of the goods;
- an agent server for managing the commission on the goods by the agent;
- a data transmission network interconnecting said client, said agent server and said
distribution server;
- means for determining the date and time for delivery of the goods, or for deciding the agent
to be used, between said client and said distribution server, or among said client, said
distribution server and said agent server; and
- means for noticing of store-in and/or store-out of the goods into and/or from the agent to at
least one of said distribution server and said client.
References in Europe
Number |
Filed |
Title |
Referenced by |
4,894,717 |
March 27, 1989 |
Delivered article storage control system |
28 |
5,223,829 |
July 9, 1991 |
Electric locker apparatus with automatic locker box designation device |
27 |
5,485,369 |
September 28, 1993 |
Logistics system for automating tansportation of goods |
56 |
EP0370146 /
4,799,156 |
October 1, 1986 |
Interactive market management system |
378 |
EP0683466 /
5,638,519 |
May 20, 1994 |
Electronic method and system for controlling and tracking information related to business transactions |
27 |
References in USA (6,085,170)
Number |
Filed |
Title |
Referenced by |
4,894,717 |
March 27, 1989 |
Delivered article storage control system |
28 |
5,072,401 |
October 3, 1989 |
Optimizing mail delivery systems by logistics planning |
48 |
5,223,829 |
July 9, 1991 |
Electric locker apparatus with automatic locker box designation device |
27 |
5,465,291 |
January 6, 1995 |
Apparatus for ordering from remote locations |
71 |
5,469,362 |
May 16, 1994 |
Dispatching method and apparatus for monitoring scheduled mail |
9 |
5,485,369 |
September 28, 1993 |
Logistics system for automating tansportation of goods |
56 |
5,576,951 |
March 16, 1994 |
Automated sales and services system |
70 |
5,666,493 |
August 24, 1993 |
System for managing customer orders and method of implementation |
98 |
5,758,329 |
June 7, 1995 |
System for managing customer orders and method of implementation |
48 |
5,794.222 |
September 13, 1996 |
Mail processing system and devices therefor |
3 |
EP0370146 /
4,799,156 |
October 1, 1986 |
Interactive market management system |
378 |
EP0683483 /
5,752,227 |
May 1, 1995 |
Method and arrangement for speech to text conversion |
12 |
WO9530961 is entitled
"Method and apparatus for communicating with a card distribution center for management, selection,
and delivery of social expression cards". This application was originally filed in USA as
5,960,412
on September 6, 1996 and granted in USA on September 28, 1999. Said 5,960,412 was a continuation of
5,555,496.
Claim 1 reads:
A method for on-going management, selection, and delivery of social expression cards, the method
comprising the steps of:
- storing data in one or more databases, the data including recipient data and social expression
card data;
- linking the recipient data with the social expression card data thereby forming linked data to
facilitate the on-going management, selection, and delivery of the social expression cards;
- providing a user interface to permit a user to access the data to permit the user to manage,
select, and facilitate the delivery of the social expression cards;
- receiving and accepting a social expression card order from the user, the social expression
card order indicating a user-selected method of delivering the social expression card; and
- delivering the social expression card to a recipient according to the user-selected method of
delivery.
References
Number |
Filed |
Title |
Referenced by |
5,036,472 |
December 8, 1988 |
Computer controlled machine for vending personalized products or the like |
82 |
5,029,099 |
December 13, 1988 |
Method and apparatus for vending customized documents |
22 |
4,845,634 |
July 29, 1987 |
Product information network system |
63 |
5,235,519 |
February 27, 1991 |
Card vending machine |
20 |
4,712,174 |
April 24, 1984 |
Method and apparatus for generating text |
26 |
4,616,327 |
January 13, 1984 |
Personalized graphics and text materials, apparatus and method for producing the same |
53 |
4,965,727 |
September 13, 1984 |
Computer card |
3 |
4,951,203 |
May 31, 1988 |
Computer card |
17 |
5,056,029 |
September 18, 1989 |
Method and apparatus for manufacturing and vending social expression cards |
49 |
5,426,594 |
April 2, 1993 |
Electronic greeting card store and communication system |
88 |
4,528,643 |
January 10, 1983 |
System for reproducing information in material objects at a point of sale location |
245 |
4,992,940 |
March 13, 1989 |
System and method for automated selection of equipment for purchase through input of user desired specifications |
299 |
References in USA (5,960,412)
Number |
Filed |
Title |
Referenced by |
4,528,643 |
January 10, 1983 |
System for reproducing information in material objects at a point of sale location |
245 |
4,616,327 |
January 13, 1984 |
Personalized graphics and text materials, apparatus and method for producing the same |
53 |
4,712,174 |
April 24, 1984 |
Method and apparatus for generating text |
26 |
4,845,634 |
July 29, 1987 |
Product information network system |
63 |
4,951,203 |
May 31, 1988 |
Computer card |
17 |
4,965,727 |
September 13, 1984 |
Computer card |
3 |
4,992,940 |
March 13, 1989 |
System and method for automated selection of equipment for purchase through input of user desired specifications |
299 |
5,029,099 |
December 13, 1988 |
Method and apparatus for vending customized documents |
22 |
5,036,472 |
December 8, 1988 |
Computer controlled machine for vending personalized products or the like |
82 |
5,056,029 |
September 18, 1989 |
Method and apparatus for manufacturing and vending social expression cards |
49 |
5,235,519 |
February 27, 1991 |
Card vending machine |
20 |
5,426,594 |
April 2, 1993 |
Electronic greeting card store and communication system |
88 |
5,552,994 |
July 12, 1993 |
System for printing social expression cards in response to electronically transmitted orders |
27 |
5,555,496 |
May 6, 1994 |
Method and apparatus for communicating with a card distribution center for management, selection, and delivery of social expression cards |
37 |
5,600,563 |
September 23, 1992 |
System for printing social expression cards |
17 |
5,451,998
is entitled "Home shopping video catalog". 5,451,998 was filed by Daniel C. Hamrick on April 4, 1994
and granted on September 19, 1995.
Claim 1 reads:
A home shopping system which comprises:
- a video catalog containing a plurality of product images representing products available for
purchase and containing product identification corresponding to each product image, the product
images being for electronic display for viewing by a customer;
- an order form containing product identification which corresponds to the said product image
in said video catalog, said order form comprising product names, and said order form being
organized and indexed for quick reference by the customer by arranging the product names in
alphabetical order with the corresponding product identification being listed beside each product
name;
- means for indicating on said order form the product identification of the products desired for
purchase from the products available for purchase; and
- means for transmitting said order form indicating the product identification of products
desired for purchase to a merchandiser of said products.
References
Number |
Filed |
Title |
Referenced by |
4,734,764 |
May 6, 1985 |
Cable television system selectively distributing pre-recorded video and audio messages |
119 |
4,876,592 |
May 10, 1988 |
System for merchandising and the evaluation of responses to broadcast transmissions |
125 |
4,984,155 |
August 29, 1988 |
Order entry system having catalog assistance |
137 |
5,128,752 |
October 25, 1990 |
System and method for generating and redeeming tokens |
152 |
5,191,410 |
February 5, 1991 |
Interactive multimedia presentation and communications system |
146 |
5,231,566 |
March 29, 1991 |
Method and apparatus for producing a catalog |
26 |
5,249,044 |
May 5, 1992 |
Product information storage, display, and coupon dispensing system |
141 |
5,285,278 |
May 21, 1992 |
Electronic redeemable coupon system via television |
85 |
5,287,181 |
August 20, 1992 |
Electronic redeemable coupon system and television |
115 |
WO9638799 is entitled
"SECURE METHOD AND SYSTEM FOR COMMUNICATING A LIST OF CREDIT CARD NUMBERS OVER A NON-SECURE NETWORK".
Claim 1 reads:
A method enabling a merchant to indicate to a customer by a communication over a non-secure
network, a credit card number of the customer that is maintained in a database by the merchant,
said method comprising the steps of:
- retrieving the credit card number of the customer from the database;
- extracting a portion of the credit card number, said portion being substantially smaller than
the complete credit card number;
- constructing a message containing the portion of the credit card number; and
- transmitting the message to the customer over the non-secure network.
WO9821679 is entitled
"SYSTEM AND METHOD FOR CONDUCTING COMMERCE OVER A DISTRIBUTED NETWORK".
Claim 1 reads:
A client architecture for conducting electronic commerce over the Internet, comprising, on a
computer readable medium:
- a Web browser application configured to run on a computer;
- a commerce client application configured to run on the computer in conjunction with the Web
browser application, the commerce client application including a callable function, said callable
function comprising executable computer instructions stored on a computer storage medium
accessible by the computer;
- an electronic shopping basket object configured to access and manipulate product information
and merchant information stored on the computer storage medium, the access and manipulation
initiated by executing the callable function of the commerce client application; and
- a Web document which includes embedded function-calling information that corresponds to the
callable function of the commerce client application, the function-calling information embedded
within the Web document such that a user can selectively initiate the execution of the callable
function while viewing the Web document with the Web browser.
References
Number |
Filed |
Title |
Referenced by |
5,469,206 |
June 1, 1993 |
System and method for automatically correlating user preferences with electronic shopping information |
51 |
4,992,940 |
March 13, 1989 |
System and method for automated selection of equipment for purchase through input of user desired specifications |
299 |
4,799,156 |
October 1, 1986 |
Interactive market management system |
378 |
5,664,115 |
June 7, 1995 |
Interactive computer system to match buyers and sellers of real estate, businesses and other property using the internet |
162 |
5,640,193 |
August 15, 1994 |
Multimedia service access by reading marks on an object |
246 |
5,671,279 |
November 13, 1995 |
Electronic commerce using a secure courier system |
162 |
5,590,197 |
April 4, 1995 |
Electronic payment system and method |
208 |
5,677,955 |
April 7, 1995 |
Electronic funds transfer instruments |
177 |
EP0883076 is entitled
"Network charge server".
Claim 1 reads:
An access charge server for accessing the contents of a site on a network, comprising:
- means for receiving from a customer access requests for the contents available at a specific
contents server site;
- means for identifying said customer;
- means for identifying an owner of said contents, the location of said contents, a price for
said contents, and a destination for said contents for reckoning a sale;
- means for, rather than said customer, accessing said contents;
- means for transmitting from said access charge server to said customer said contents that have
been transferred from said contents server to said access charge server; and
- means for subtracting said price for said contents from information for said customer at said
access charge server, and for adding said price of said contents to information for said
destination for reckoning for a sale.
The search report lists printed publications and a patent 5,504,933.
5,504,933
is entitled "Pay broadcasting system".
Claim 1 reads:
A pay broadcasting system, comprising a broadcasting station and a charging center, whereby:
- said broadcasting station transmits an open program number together with a broadcasting
program scrambled by a scramble pattern changed for each program;
- said charging center sends a use permit code for using a pay program in response to a request
for using executed through a communication line by specifying said open program number and also
collects a fee for said pay program; and
- a receiving device descrambles a received pay program according to said use permit code upon
receipt of said use permit code.
5,555,496
is entitled "Method and apparatus for communicating with a card distribution center for management,
selection, and delivery of social expression cards". It was filed on May 6, 1994 and granted on
September 10, 1996.
Claim 1 reads
An electronic system for management, selection, and delivery of social expression cards directed by
a plurality of independent customers wherein each customer communicates from a remote site to a
distribution center, the system comprising:
- a customer access terminal at each remote site having
- an input device for customer input and selection of card recipient data, recipient occasion
data, card design data, and card selection data,
- memory device for storage of data in the form of data records, including the card recipient
data, recipient occasion data, card design data, and card selection data,
- display means for displaying textual and graphical information representative of the card
recipient data, recipient occasion data, card design data, and card selection data,
- a processor coupled to the display means, memory device, and input device for processing and
controlling display of the card recipient data, recipient occasion data, card design data, and
card selection data to facilitate card selection and ordering for generating a card order
responsive thereto, and for generating and storing in the memory, records of order history and
order status, said card recipient data, order history data, order status data, and recipient
occasion data operatively linked to facilitate on-going management of card selection and card
delivery by the customer with respect to each recipient of the customer; and
- a communications link coupling the customer access terminal to the distribution center to
permit communication of the card order to the distribution center for processing of the card
order.
References
Number |
Filed |
Title |
Referenced by |
4,528,643 |
January 10, 1983 |
System for reproducing information in material objects at a point of sale location |
245 |
4,616,327 |
January 13, 1984 |
Personalized graphics and text materials, apparatus and method for producing the same |
53 |
4,712,174 |
April 24, 1984 |
Method and apparatus for generating text |
26 |
4,845,634 |
July 29, 1987 |
Product information network system |
63 |
4,951,203 |
May 31, 1988 |
Computer card |
17 |
4,965,727 |
September 13, 1984 |
Computer card |
3 |
4,992,940 |
March 13, 1989 |
System and method for automated selection of equipment for purchase through input of user desired specifications |
299 |
5,029,099 |
December 13, 1988 |
Method and apparatus for vending customized documents |
22 |
5,036,472 |
December 8, 1988 |
Computer controlled machine for vending personalized products or the like |
82 |
5,056,029 |
September 18, 1989 |
Method and apparatus for manufacturing and vending social expression cards |
49 |
5,072,253 |
September 5, 1989 |
Ordering and recording information system for business and greeting cards |
63 |
5,235,519 |
February 27, 1991 |
Card vending machine |
20 |
5,425,078 |
July 19, 1993 |
Voice message keepsake system |
13 |
5,426,594 |
April 2, 1993 |
Electronic greeting card store and communication system |
88 |
|