Prior art — US Patent 9792361

Analysis of Prior Art for U.S. Patent 9,792,361

A thorough review of the prior art cited during the examination of U.S. Patent 9,792,361 ("the '361 patent") is crucial for understanding the patent's scope and potential vulnerabilities. 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 novelty and anticipation. An invention is anticipated if every element as set forth in a patent claim is found, either expressly or inherently, in a single prior art reference.

The '361 patent, with a priority date of July 29, 2008, and a filing date of May 22, 2013, claims a system and method for a mobile device to interact with a social network database containing roadway condition records. The core of the invention lies in the combination of user input, location data, communication with a social network for roadway conditions, and the presentation of ranked results.

Cited Prior Art and Potential Anticipation

The following patent documents were cited by the USPTO examiner during the prosecution of the '361 patent.

1. U.S. Patent Application Publication No. 2009/0271479 A1 (O'Sullivan et al.)

Full Citation: US 2009/0271479 A1
Publication Date: October 29, 2009
Filing Date: April 29, 2008
Brief Description: O'Sullivan et al. describes a "Social navigation system" where users can share real-time, location-based information with others in their social network. The system allows users to report and receive information about traffic conditions, points of interest, and the location of friends. It explicitly mentions the use of GPS on mobile devices to provide location context to user-submitted reports, which are then shared and can be ranked or filtered based on relevance to the user, such as proximity or social network connection.
Potential Anticipation of Claims: This reference appears highly relevant to the core concepts of the '361 patent.
- Claim 1 & 16: O'Sullivan discloses a mobile electronic device (a hardware data input port and processor) that accepts user input regarding roadway conditions. It uses the device's location (determined by a geospatial positioning system) as metadata. The system then transmits this information (a user request) to a central database (a social network database) that stores and disseminates roadway conditions to other users. The information presented to users can be filtered by location, which is a form of ranking. The communication for creating new records of roadway conditions is also inherent in the system's reporting functionality. Therefore, O'Sullivan appears to anticipate the primary elements of independent claims 1 and 16. The specific term "social network ranking factor" in the '361 patent could be the only distinguishing element, depending on how broadly that term is interpreted.

2. U.S. Patent No. 7,739,036 B2 (Schildhouse)

Full Citation: US 7,739,036 B2
Publication Date: June 15, 2010
Filing Date: August 4, 2006
Brief Description: Schildhouse discloses a system for collecting and distributing real-time traffic information. The system gathers data from various sources, including user reports from mobile devices equipped with GPS. Users can submit information about traffic incidents, which is then aggregated and made available to other users. The system can provide location-specific traffic alerts and advisories.
Potential Anticipation of Claims:
- Claim 1 & 16: Schildhouse describes a system with a mobile device for user input, using GPS for location metadata, and communicating with a central database to both report and receive roadway conditions. This covers most of the elements of claims 1 and 16. The "social network" aspect and "social network ranking factor" may not be explicitly described in the same terms as the '361 patent, but the system's user-centric reporting and alerts have a community or social component. The core functionality of reporting and receiving location-based road conditions is present.

3. U.S. Patent Application Publication No. 2008/0133549 A1 (Aravamudan et al.)

Full Citation: US 2008/0133549 A1
Publication Date: June 5, 2008
Filing Date: November 30, 2006
Brief Description: Aravamudan et al. describes a system for providing location-based services and advertisements. It discusses collecting location data from a user's mobile device and using that data to provide relevant information and ads. While the primary focus is broader than just traffic, it includes the concept of users contributing location-tagged information to a central server, which can then be queried by others.
Potential Anticipation of Claims:
- Claim 15: This reference is particularly relevant to dependent claim 15, which adds the limitation of presenting a location-dependent advertisement. Aravamudan explicitly teaches this feature.
- Claim 1 & 16: While not focused solely on roadway conditions, the general framework of a mobile device sending location-stamped user input to a central database that can be queried by others is disclosed. If the database were to contain roadway information, it would align closely with the '361 patent's independent claims. The key question for anticipation would be whether a database of general location-based information inherently includes the possibility of roadway condition records.

4. U.S. Patent No. 8,271,034 B2 (Sumio)

Full Citation: US 8,271,034 B2
Publication Date: September 18, 2012
Filing Date: November 1, 2007
Brief Description: Sumio describes a mobile communication terminal and a map information providing server. The system allows a user to obtain map information relevant to their current location. It includes functionality for other users to add information to the map data, effectively creating a collaborative, location-based information system. This can include information about traffic, businesses, or other points of interest.
Potential Anticipation of Claims:
- Claim 12: Sumio is highly relevant to dependent claim 12, which specifies that the user interface comprises a geographic map. Sumio's system is map-centric.
- Claim 1 & 16: Sumio teaches a mobile device with location determination that communicates with a server to both receive and contribute location-based information. This user-contributed information can include road conditions. The system inherently allows for the creation of new records. The main potential distinction is the specific implementation of "ranking" and the "social network" terminology.

Summary of Prior Art Analysis

The prior art cited against the '361 patent, particularly O'Sullivan (US 2009/0271479 A1) and Schildhouse (US 7,739,036 B2), appears to disclose many of the core elements of the independent claims. Both describe systems where users of mobile, location-aware devices can report and receive information about road conditions within a community or network of users. The concept of ranking results based on location is also present in these references.

The patentability of the '361 patent seems to hinge on the specific interpretation of "social network database" and "social network ranking factor." If these terms are interpreted broadly to mean any user-based community and any method of prioritizing information (such as by proximity), then the claims may be vulnerable to anticipation challenges based on the cited art. Dependent claims, such as those related to advertisements (claim 15) and map-based interfaces (claim 12), also find strong precedent in the prior art.

Given the strength of this prior art, it is not surprising that the patent is currently undergoing ex parte reexamination, as these references provide a solid foundation for challenging the novelty of the claimed invention.