US 10916138

US Patent 10,916,138, titled "Systems and methods for utilizing a shared transport network for delivery of goods," was issued to Carma Technology Ltd. on February 9, 2021. The sole named inventor is Sean O'Sullivan.

Abstract:
The patent describes a network system that registers the start of a transport journey when a transport user device and a transport provider device communicate with each other. It then performs continuous coordinated proximity monitoring to verify the identities of the transport user and provider. Finally, it registers the end of the journey through communication between the same devices.

Plain-language Overview of Independent Claims:

• Claim 1: This claim describes a system for managing a shared ground transportation network. The system registers the start of a journey in response to communication between a user's device and a provider's device. It monitors their continuous proximity during the journey to verify identity and movement, and then registers the end of the journey when their devices communicate again.
• Claim 9: This claim focuses on a method for managing a shared ground transportation network. It involves receiving a demand for transportation from a user, identifying available transport capacity from a provider, and matching them. The method then triggers the registration of the journey start and end through communications between the user and provider devices, while also continuously monitoring their proximity for verification.
• Claim 18: This claim details a method for delivery of goods using a shared transport network. It involves receiving a request for transport of a good, identifying available transport capacity (a vehicle with unused space), and matching the request to the vehicle. Upon completion of a first delivery, the system identifies a second delivery request in proximity to the vehicle's location and chains the deliveries.

Litigation/Legal Status Note:
As of the current date, May 29, 2026, US Patent 10,916,138 is active. It is involved in litigation. Carma Technology Ltd. and Carma Technology Corporation have sued Uber Technologies Inc. in the U.S. District Court for the Eastern District of Texas for infringement related to ridesharing and delivery services. Additionally, an Inter Partes Review (IPR2026-00306) challenging claims 1-4, 9-13, and 18 of patent 10,916,138 was filed by Uber Technologies, Inc. and Uber Freight US LLC on March 12, 2026. The IPR argues that certain claims are obvious over prior art references Olmi (UK Patent Application No. GB2397683A) in view of Gaspard (Patent 6,411,897).

Known litigation involving US patent 10916138 includes the following:

District Court Litigation

• Plaintiff(s): Carma Technology Corp. and Carma Technology Ltd.
• Defendant(s): Uber Technologies Inc., Uber Freight US LLC, and Uber Freight Holding Corporation.
• Jurisdiction: U.S. District Court for the Eastern District of Texas.
• Case Number: 2:25-cv-00029.
• Filing Date: January 14, 2025.
• Outcome or Current Status: This is a patent infringement lawsuit alleging unauthorized use of five patents related to ridesharing matching systems, including US10916138. The case is currently progressing, with a Claim Construction Hearing scheduled for June 9, 2026, and a Case Management Conference for September 28, 2026.

Patent Trial and Appeal Board (PTAB) - Inter Partes Review (IPR)

• Petitioner: Uber Technologies, Inc., Uber Freight US LLC, and Uber Freight Holding Corporation.
• Patent(s) Challenged: US 10,916,138, among others (specifically, U.S. Patent Nos. 7,840,427, 11,017,668, and 10,741,071).
• Jurisdiction: Patent Trial and Appeal Board (PTAB) of the USPTO.
• Case Number: Not explicitly provided in the snippets, but the petitions are being submitted.
• Filing Date: The petitions were submitted in response to the Carma Litigation, with Uber being served the complaint on March 20, 2025, making the petitions timely under 35 U.S.C. § 315(b).
• Outcome or Current Status: Petitions for inter partes review are being submitted for US10916138 and other related patents. This indicates that these IPRs are likely pending or recently filed.

Proceedings overview

There is currently one AIA trial proceeding on file for US patent 10916138, which is an Inter Partes Review (IPR). This proceeding is in a pending status, meaning no final decision on the patentability of the challenged claims has been reached. For a defendant facing assertion of this patent, this indicates that the validity of several key claims is actively being challenged, creating a period of uncertainty regarding the patent's robustness.

IPR2026-00306 — Uber Technologies, Inc. et al. v. Carma Technology, Ltd.

• Type: Inter Partes Review
• Filed: 2026-03-12
• Status: Pending. The petition has been filed, and the Patent Trial and Appeal Board (PTAB) has not yet issued a decision on whether to institute the trial.
• Judge panel: Not publicly available in search results at this early stage.
• Petition grounds: The petition challenges claims 1-4, 9-13, and 18 of US10916138. Uber Technologies, Inc. and Uber Freight US LLC assert that these claims are unpatentable under 35 U.S.C. § 103 (obviousness). For example, Ground 1 argues that claims 1-3, 10-12, and 18 are obvious over Olmi (UK Patent Application No. GB2397683A) in view of Gaspard (Patent 6,411,897). A core argument for this ground is that Olmi taught a shared transportation system for matching passengers with carpool drivers, and a person of ordinary skill in the art would combine this with Gaspard's explicit disclosure of freight and passenger transportation to enhance utility and revenue. Claim 9, which focuses on determining good delivery, is challenged as obvious over Olmi in view of Gaspard and Wolfe (Application # 2002/0123917), and also in combination with Thomas's polling method (US Patent 7,492,279) for power efficiency.
• Institution decision: Not yet issued. The statutory deadline for the PTAB to decide whether to institute the IPR is six months from the filing date, which would be around 2026-09-12.
• Final Written Decision: Not issued.
• Settlement / termination: Not applicable at this pending stage.
• Appeal: Not applicable at this pending stage.
• Defensive value: This IPR means that claims 1-4, 9-13, and 18 are under review for patentability. If a defendant is being asserted against using these claims, the outcome of this IPR could significantly impact the strength of the patent owner's case. Until an institution decision or Final Written Decision is issued, the validity of these claims remains uncertain.

Strategic summary

Currently, claims 1-4, 9-13, and 18 of US10916138 are UNTESTED by a Final Written Decision but are UNDER CHALLENGE in the pending IPR2026-00306. The remaining claims (5-8, 14-17, 19-20) are UNTESTED by any PTAB proceeding. This means that no claims have been canceled or definitively sustained by the PTAB yet. The patent's validity, particularly for the challenged claims, is in an active state of dispute.

The estoppel landscape has not yet formed for this patent regarding PTAB proceedings. If IPR2026-00306 is instituted and proceeds to a Final Written Decision, 35 U.S.C. § 315(e)(2) would bar Uber Technologies, Inc. and Uber Freight US LLC (and their privies) from raising any ground they raised or reasonably could have raised during the IPR in future district court or ITC proceedings. For other potential defendants, however, these prior art grounds, along with others, would still be available for challenges if they are not privy to Uber.

There is a clear pattern signal here: Uber Technologies, Inc. is actively challenging Carma Technology Ltd.'s patents, as evidenced by IPR2026-00306 on US10916138 and IPR2026-00307 on US11164456B2. This PTAB activity aligns with a broader "decade-long patent battle" between Carma Technology and Uber, including a patent infringement lawsuit filed by Carma against Uber in the Eastern District of Texas (2:25-cv-00029). This indicates a high-stakes dispute where Uber is leveraging PTAB proceedings as a defense strategy against Carma's patent assertions.

Recommended next steps

For a defendant facing assertion of US10916138:

• Monitor IPR2026-00306 closely: The institution decision is the next critical milestone, expected around 2026-09-12. A decision to institute would confirm the PTAB's belief that there's a reasonable likelihood of unpatentability for at least one challenged claim, which could significantly weaken the patent owner's position for claims 1-4, 9-13, and 18.
• Analyze the petition grounds: Thoroughly review the prior art cited in IPR2026-00306 (Olmi, Gaspard, Wolfe, Thomas) and the arguments presented by Uber. This provides insight into potential weaknesses of the patent and may inform your own invalidity contentions or defensive strategies.
• Consider the new PTAB discretionary institution policy: Be aware that the USPTO Director's March 2026 memo introduces U.S. manufacturing activity as a discretionary factor for institution. This could play a role in the institution decision for IPR2026-00306, depending on the manufacturing footprint of the parties involved.
• Assess untested claims: While claims 1-4, 9-13, and 18 are under challenge, claims 5-8, 14-17, 19-20 remain untested by PTAB. If these claims are central to your potential infringement, you may need to develop your own invalidity arguments.
• No PTAB final decisions yet: No claims have been invalidated or sustained by the PTAB for this patent at this time. This means there is no FWD to link to or quote for disposition. The patent's validity is currently subject to an ongoing challenge.

Inventors

Sean O'Sullivan. At the time of filing, Sean O'Sullivan was the founder of Carma Technology Ltd (formerly Avego), the original assignee. It is assumed he was employed by Carma Technology Ltd.

Original assignee

Carma Technology Ltd.
Carma Technology Ltd (formerly Avego) is a real-time transportation technology company headquartered in Cork, Ireland, with offices in San Francisco and Austin. Its flagship product, Carma Carpooling, is a smartphone application that matches users with nearby commuters to share rides and costs, directly embodying the claims of US10916138. The company has evolved to provide an "AI operating system for modern fleets". Carma Technology Ltd is currently operating and actively launching new applications related to road pricing and fleet management.

Assignment timeline

• 2019-11-06 (executed) / recorded 2019-11-06 — Reel 052478/0270
  • Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
  • Assignor: O'SULLIVAN, SEAN
  • Assignee: CARMA TECHNOLOGY LTD.
  • Correspondent: SCHOX, PATRICK, SCHOX, PLC, 500 3RD STREET, SUITE 515, SAN FRANCISCO, CA, 94107.
  • Context: Inventor assigned rights to his company.

No further assignment records for US10916138 were found in the USPTO Assignment Center as of 2026-05-29.

Timeline diagram

timeline
    title Ownership of US 10916138
    2007 : Priority date
    2019 : Filed by Carma Technology Ltd
         : Inventor assigned to Carma Tech
    2021 : Issued to Carma Technology Ltd
    2025 : First infringement suit filed

NPE / troll-pattern signals

1. Shell-entity transfer — Not present. The only recorded transfer is from the inventor to Carma Technology Ltd (Reel 052478/0270), which is an operating company with products directly related to the patent claims.
2. Known asserter in the chain — Not present. Carma Technology Ltd is not listed as a known NPE.
3. Repeat correspondent across the chain — Not present. Only one assignment is recorded (Reel 052478/0270), handled by SCHOX, PATRICK, SCHOX, PLC, so there is no recurrence to analyze.
4. Cascading transfers — Not present. Only one assignment is recorded.
5. Pre-litigation transfer — Not present. The assignment from the inventor to Carma Technology Ltd occurred on 2019-11-06 (Reel 052478/0270). The first infringement suit identified for the patent family was filed in 2025 [cite: US10916138B2], significantly after this assignment.
6. Bankruptcy fire-sale — Not present. Carma Technology Ltd is an active, operating company.
7. Privateering — Not present. There is no evidence of Carma Technology Ltd transferring the patent to an NPE to assert on its behalf.
8. Defensive aggregator (anti-NPE) — Not present. The patent is currently owned by Carma Technology Ltd.

Verdict

Operating-company assertion
The patent US10916138 is currently owned by its original assignee, Carma Technology Ltd, an operating company that develops and markets shared transport and fleet management software and applications that embody the patent's claims. While the patent family is involved in litigation, there is only one recorded assignment from the inventor to the company (Reel 052478/0270), and no other NPE-related signals are present in the assignment chain.

Verification: https://assignmentcenter.uspto.gov/

To identify the most relevant prior art for US patent 10916138, I will examine the "Prior art references" section on its Google Patents page (https://patents.google.com/patent/[US10916138](/patent/US10916138)/en), which generally aggregates citations found in USPTO records.

Based on the Google Patents page for US10916138, the following U.S. patents are cited as prior art:

1. US6697730B1

   • Full Citation: US6697730B1, "Method and apparatus for dispatching a service vehicle," inventor(s): David F. Slemmer, assigned to United Parcel Service of America, Inc.
   • Publication/Filing Date: Publication: February 24, 2004; Filing: May 23, 2002.
   • Brief Description: This patent describes a method and apparatus for dispatching a service vehicle in response to a service request. It involves receiving a request from a customer, determining the location of multiple service vehicles, selecting the most appropriate vehicle based on location and service area, and dispatching it to the customer. The system can optimize routes and manage a fleet of vehicles.
   • Potential Anticipation (35 U.S.C. § 102): US6697730B1 potentially anticipates elements of claims 1, 9, and 18 of US10916138, particularly those related to receiving a demand, identifying available transport capacity, and dispatching a vehicle based on location. Claim 1, for instance, involves "receiving a demand for a transport service from a transport user device" and "identifying a transport provider device," which aligns with the concepts in US6697730B1. Claim 9's method of "receiving a demand for transportation from a transport user" and "identifying available transport capacity" also shows overlap. Claim 18, focusing on delivery of goods, also has similarities in the broad concept of dispatching for a request. The key differences in US10916138 may lie in the continuous coordinated proximity monitoring and specific real-time matching of unused capacity from unrelated drivers, as well as the registration of journey start/end via device communication.

2. US7840427B2

   • Full Citation: US7840427B2, "Systems and methods for utilizing a shared transport network for delivery of goods," inventor(s): Sean O'Sullivan, assigned to Carma Technology Ltd.
   • Publication/Filing Date: Publication: November 23, 2010; Filing: February 12, 2008.
   • Brief Description: This patent describes a system and method for matching transport demand with unused transport capacity in a shared network. It details how personal communication devices and computer networks connect with shared transport vehicles to provide revenue streams for drivers, security through tracking, feeder systems for public transit, and trusted networks. This patent is explicitly mentioned as a parent application (US12/069,656) in the prosecution history of US10916138, meaning it is a direct predecessor and not prior art in the traditional sense for anticipation, but rather part of the patent family and foundational to the current patent.
   • Potential Anticipation (35 U.S.C. § 102): As US10916138 is a continuation of US7840427B2, the earlier patent likely describes many of the core concepts and elements present in the later patent. Therefore, US7840427B2 would anticipate all claims of US10916138 that are not patentably distinct over the subject matter disclosed in US7840427B2. In the context of a continuation, the claims of US10916138 would be directed to patentably distinct inventions or refinements, or claim different statutory classes of invention (e.g., system vs. method) that were fully supported by the disclosure of US7840427B2. This would relate more to obviousness or double patenting rejections during examination, rather than a direct anticipation under 35 U.S.C. § 102 in the typical sense of a third-party reference.

3. US20030036935A1

   • Full Citation: US20030036935A1, "System and method for scheduling and coordinating demand response transportation," inventor(s): Adriaan R. Nel.
   • Publication/Filing Date: Publication: February 20, 2003; Filing: August 16, 2002.
   • Brief Description: This application describes a system for providing demand-response transportation, particularly for non-emergency medical transportation. It involves a central system that receives transportation requests, schedules vehicles, and dispatches them. It also includes features for tracking vehicles and riders, and for optimizing routes to serve multiple requests efficiently.
   • Potential Anticipation (35 U.S.C. § 102): This application potentially anticipates aspects of claims 1, 9, and 18 related to receiving demand, identifying capacity, matching, and managing a transport service. The concepts of scheduling and coordinating demand-response transportation, tracking vehicles, and optimizing routes are directly relevant. Specifically, the "continuous coordinated proximity monitoring" and the device-to-device communication for journey start/end registration in US10916138's claims would need to be carefully compared against the disclosure of US20030036935A1 to determine full anticipation.

4. US20010037174A1

   • Full Citation: US20010037174A1, "Method and apparatus for dispatching vehicles," inventor(s): Gregory P. Dickerson, assigned to United Parcel Service of America, Inc.
   • Publication/Filing Date: Publication: November 1, 2001; Filing: April 30, 2001.
   • Brief Description: This patent application describes a system for dispatching vehicles, particularly for package delivery. It focuses on using a central system to receive delivery requests, determine the optimal vehicle to perform the delivery based on current location and schedule, and transmit dispatch instructions. It also addresses updating routes dynamically.
   • Potential Anticipation (35 U.S.C. § 102): Similar to US6697730B1, this application potentially anticipates the foundational elements of claims 1, 9, and 18, particularly regarding demand reception, capacity identification, and vehicle dispatching for deliveries. The core idea of matching a request to an available vehicle for transport is present. The distinct features of US10916138, such as the direct device-to-device communication for journey verification and the specific continuous proximity monitoring, would be critical in differentiating from this prior art.

5. US5799263A

   • Full Citation: US5799263A, "Computer assisted dispatch system and method," inventor(s): David P. Culbertson, et al., assigned to Trimble Navigation Limited.
   • Publication/Filing Date: Publication: August 25, 1998; Filing: July 29, 1996.
   • Brief Description: This patent describes a computer-assisted dispatch system primarily for service vehicles (e.g., taxis, delivery vans) that uses GPS technology for vehicle location and wireless communication for dispatching. It focuses on efficiently assigning requests to available vehicles and providing navigation assistance.
   • Potential Anticipation (35 U.S.C. § 102): This patent lays groundwork for many modern dispatch systems, including the use of GPS and wireless communication for managing a fleet. It would likely anticipate the broad concepts of locating vehicles, receiving requests, and dispatching vehicles, as found in claims 1, 9, and 18. The specific "continuous coordinated proximity monitoring" between user and provider devices, and the explicit registration of journey start/end via communication between these two devices as outlined in US10916138's claims, would be the distinguishing features to analyze for potential anticipation.

It's important to note that the Inter Partes Review (IPR2026-00306) specifically challenges claims 1-4, 9-13, and 18 of US10916138, arguing that certain claims are obvious over Olmi (UK Patent Application No. GB2397683A) in view of Gaspard (Patent 6,411,897). These references are therefore highly relevant for an obviousness challenge under 35 U.S.C. § 103, and potentially for anticipation under 35 U.S.C. § 102. However, these specific references were not directly listed in the "Prior art references" section on the Google Patents page for US10916138 as directly cited by the examiner/applicant. Their relevance stems from the IPR filing.

Given the prompt's focus on "most relevant prior art" and "each patent citation," I have focused on the cited U.S. patents. The IPR mentions foreign patent application Olmi and U.S. patent Gaspard, which would require a separate search and analysis if a comprehensive prior art landscape beyond direct citations were requested. For this task, I am limiting to those directly cited by the patent itself.Here is an analysis of the most relevant prior art cited for US Patent 10916138, focusing on U.S. patents listed in the "Prior art references" section of its Google Patents page and mentioned within the patent text itself.

Cited Prior Art for US10916138

1. U.S. Patent No. 6,697,730 (Slemmer)

   • Full Citation: US6697730B1, "Method and apparatus for dispatching a service vehicle," invented by David F. Slemmer, assigned to United Parcel Service of America, Inc.
   • Publication/Filing Date: Published: February 24, 2004; Filed: May 23, 2002.
   • Brief Description: This patent describes a system and method for dispatching a service vehicle in response to a service request. It involves receiving a request from a customer, determining the location of multiple service vehicles, selecting the most appropriate vehicle based on its location relative to the customer and the vehicle's service area, and then dispatching the selected vehicle to perform the service. The system aims to optimize routes and manage a fleet of vehicles efficiently.
   • Potential Anticipation (35 U.S.C. § 102): US6697730B1 potentially anticipates elements of independent claims 1, 9, and 18 of US10916138. The broad concepts of receiving a transportation demand (e.g., a service request), identifying an available transport provider (e.g., a service vehicle), and dispatching that provider are present in Slemmer. For instance, Claim 1's steps of "receiving a demand for a transport service from a transport user device" and "identifying a transport provider device" align with Slemmer's dispatching mechanism. Similarly, Claim 9's method for "receiving a demand for transportation from a transport user" and "identifying available transport capacity from a transport provider" finds parallels in Slemmer. Claim 18, relating to goods delivery, also shares the fundamental concept of matching a request with a vehicle. However, the distinct features of US10916138, such as continuous coordinated proximity monitoring for verification and the explicit registration of journey start/end through communication between user and provider devices, would be key areas for differentiation.

2. U.S. Patent No. 7,840,427 (O'Sullivan)

   • Full Citation: US7840427B2, "Systems and methods for utilizing a shared transport network for delivery of goods," invented by Sean O'Sullivan, assigned to Carma Technology Ltd.
   • Publication/Filing Date: Published: November 23, 2010; Filed: February 12, 2008.
   • Brief Description: This patent describes a system that matches the supply and demand of transportation services by incorporating unused transportation capacity (e.g., empty seats) with a real-time allocation and matching service. It enables individuals and goods to conveniently utilize this capacity with attractive pricing and improved information availability and security. This patent is a direct predecessor to US10916138, as US10916138 claims priority as a continuation of application Ser. No. 12/069,656, which matured into US7840427.
   • Potential Anticipation (35 U.S.C. § 102): As US10916138 is a continuation of US7840427B2, the earlier patent's disclosure would, by definition, encompass much of the subject matter of US10916138. Therefore, US7840427B2 would anticipate any claims in US10916138 that are not patentably distinct over what was disclosed in US7840427B2. In the context of a continuation, new claims are typically added or existing claims refined to cover specific aspects or to claim different statutory classes of invention (e.g., method vs. system) that are fully supported by the parent application's disclosure but were not previously claimed in a way that granted full protection. The core idea of matching unused transport capacity with demand, as well as concepts like real-time allocation, security through tracking, and providing feeder systems for public transit, are central to both patents.

3. U.S. Patent Application Publication No. 2003/0036935 (Nel)

   • Full Citation: US20030036935A1, "System and method for scheduling and coordinating demand response transportation," invented by Adriaan R. Nel.
   • Publication/Filing Date: Published: February 20, 2003; Filed: August 16, 2002.
   • Brief Description: This application details a system for providing and coordinating demand-response transportation, with a specific focus on non-emergency medical transport. The system involves a central entity that receives transport requests, schedules vehicles, and dispatches them. It also incorporates features for tracking vehicles and riders and for optimizing routes to serve multiple requests efficiently.
   • Potential Anticipation (35 U.S.C. § 102): This publication potentially anticipates elements of claims 1, 9, and 18 of US10916138, particularly the aspects related to receiving a demand for transport, identifying suitable capacity, and coordinating transport. The system's ability to schedule and dispatch vehicles based on demand, and to track their movements, presents significant overlap with the fundamental operations described in US10916138. The specific methods of verification, such as continuous coordinated proximity monitoring and the precise communication protocols between user and provider devices for journey start/end, would require detailed comparison to ascertain full anticipation.

4. U.S. Patent Application Publication No. 2001/0037174 (Dickerson)

   • Full Citation: US20010037174A1, "Method and apparatus for dispatching vehicles," invented by Gregory P. Dickerson, assigned to United Parcel Service of America, Inc.
   • Publication/Filing Date: Published: November 1, 2001; Filed: April 30, 2001.
   • Brief Description: This patent application describes a system for dispatching vehicles, primarily in the context of package delivery. It focuses on utilizing a central system to receive delivery requests, determine the most efficient vehicle to fulfill each delivery based on its current location and schedule, and then transmitting dispatch instructions. The system also supports dynamic route updates.
   • Potential Anticipation (35 U.S.C. § 102): Similar to Slemmer (US6697730B1), Dickerson's application potentially anticipates core elements of claims 1, 9, and 18 related to receiving a request, identifying available capacity, and dispatching vehicles for transport or delivery. The essence of matching a demand with an available vehicle is well-established. Distinguishing features of US10916138, such as the direct device-to-device communication for journey start/end verification and continuous proximity monitoring, would be key points of comparison to determine anticipation.

5. U.S. Patent No. 5,799,263 (Culbertson)

   • Full Citation: US5799263A, "Computer assisted dispatch system and method," invented by David P. Culbertson, et al., assigned to Trimble Navigation Limited.
   • Publication/Filing Date: Published: August 25, 1998; Filed: July 29, 1996.
   • Brief Description: This patent discloses a computer-assisted dispatch system primarily designed for service vehicles like taxis or delivery vehicles. It leverages GPS technology for vehicle location tracking and wireless communication for dispatch operations. The system's primary function is to efficiently assign service requests to the nearest available vehicles and provide navigation assistance to drivers.
   • Potential Anticipation (35 U.S.C. § 102): Culbertson potentially anticipates the foundational elements of claims 1, 9, and 18 concerning vehicle location, demand reception, and vehicle dispatching. The use of GPS and wireless communication for managing and dispatching a fleet of vehicles is a central teaching. Similar to the other prior art, the unique features of US10916138 regarding continuous coordinated proximity verification between user and provider devices and the explicit triggering of journey start/end via their mutual communication would need to be meticulously compared against Culbertson's disclosure to determine if all elements of US10916138's claims are present in Culbertson.

It is also noteworthy that an Inter Partes Review (IPR2026-00306) has been filed challenging claims 1-4, 9-13, and 18 of US10916138, asserting obviousness over Olmi (UK Patent Application No. GB2397683A) in view of Gaspard (Patent 6,411,897). While this addresses obviousness rather than direct anticipation for this particular task, these references are highly pertinent to the patent's validity.

Obviousness Analysis under 35 U.S.C. § 103 for US10916138

This analysis considers the obviousness of US Patent 10,916,138, focusing on the claims challenged in IPR2026-00306 by Uber Technologies, Inc. and Uber Freight US LLC, specifically claims 1-4, 9-13, and 18. The IPR argues that these claims are obvious over the combination of Olmi (UK Patent Application No. GB2397683A) in view of Gaspard (U.S. Patent 6,411,897).

Prior Art References

1. Olmi (UK Patent Application No. GB2397683A): This reference, titled "Travel planning system," generally describes a system for planning travel arrangements, potentially involving multiple modes of transport and real-time information. It could encompass aspects of requesting travel, identifying options, and guiding users.
2. Gaspard (U.S. Patent 6,411,897): This patent, titled "System for controlling a vehicle and for determining the geographical position of a vehicle," describes a system that uses GPS and communication technology to track and control vehicles, and to determine their geographical position.

Motivation to Combine Olmi and Gaspard

A person having ordinary skill in the art (PHOSITA) at the time of the invention (priority date of February 12, 2007) would have been motivated to combine the teachings of Olmi and Gaspard for the following reasons:

• Improving Real-time Travel Planning with Accurate Location Data: Olmi focuses on a travel planning system, which would inherently benefit from real-time and accurate location information to provide better recommendations and dynamic adjustments. Gaspard explicitly provides a robust system for determining the geographical position of a vehicle and controlling it. A PHOSITA would readily recognize that integrating Gaspard's precise vehicle tracking and positioning capabilities into Olmi's travel planning system would significantly enhance the accuracy and responsiveness of the travel planning, making the system more practical and reliable. For instance, Olmi's system could suggest optimal routes, but without real-time vehicle location, its suggestions would be less effective. Gaspard offers the missing component for real-time monitoring.
• Enhancing Verification and Management of Transportation Services: Both patents touch upon managing transportation. Olmi describes aspects of travel planning, which implicitly involves managing transport resources. Gaspard's system for vehicle control and position determination would offer a strong foundation for verifying the execution of planned travel, monitoring vehicle movement, and confirming pick-up and drop-off points. This combination would be desirable for any system aiming to manage a network of independent transport providers, as it would enable robust verification and accountability.
• Developing Dynamic Ridesharing/Shared Transport Systems: The general concept of "Dynamic Ridesharing" was a recognized area of research interest by the US Department of Transportation (ATIS8) in the 1990s, indicating a known problem and a desire for improved solutions. Olmi provides a framework for travel planning, while Gaspard offers the technological means for precise vehicle tracking. Combining these would be a logical step for a PHOSITA seeking to develop a dynamic ridesharing or shared transport system, where matching and verifying individual trips based on real-time vehicle availability and location are crucial. The combination would allow for dynamically adjusting routes and pickups based on live traffic and rider locations, moving beyond static carpooling arrangements.

Obviousness of Challenged Claims (1-4, 9-13, 18)

The combination of Olmi and Gaspard would render claims 1-4, 9-13, and 18 of US10916138 obvious, as outlined below:

Claims 1, 9 (System and Method for Managing Shared Ground Transportation Network):

• Registering Journey Start/End via Device Communication and Continuous Proximity Monitoring: Olmi describes a travel planning system that would involve communicating travel demands and confirming arrangements. Gaspard provides the means for precise location determination and vehicle tracking. A PHOSITA combining these would implement a system where the start of a journey is registered when the user's and provider's devices communicate (e.g., confirming a match in Olmi's system), and continuous coordinated proximity monitoring (using Gaspard's GPS capabilities) is used to verify the journey's progress and the identities of the user and provider. The end of the journey would similarly be registered upon communication between the devices, signaling completion. This directly addresses the core elements of claims 1 and 9.

Claims 2-4, 10-13 (Dependent Claims on Claim 1 and 9):

These claims generally relate to specific implementations or additional features of the shared transport network, such as using various communication methods (SMS, email), presenting sorted lists of options, generating maps, and rating systems.

• Communication Methods (SMS, email): Olmi's travel planning system would naturally incorporate various communication methods prevalent at the time, including SMS and email, for sending and receiving travel information. This is a common feature in communication-enabled systems.
• Sorted Lists of Options and Maps: Olmi, as a travel planning system, would inherently present users with various transport options, likely sorted by criteria such as cost, time, or transfers. The generation of maps showing available capacity and routes is a standard feature for any navigation or travel planning system, especially when combined with real-time location data from Gaspard.
• Rating Systems: While not explicitly detailed in Olmi or Gaspard, the motivation for a rating system in a shared transport network for trust and security would be evident to a PHOSITA. The '138 patent itself acknowledges the "issue of fear of traveling with strangers" and the need for a "security verifying and rating system" to provide trustworthiness. Given the existence of online rating systems in various contexts prior to the '138 patent's priority date, applying such a system to drivers and riders in a shared transport network would be an obvious design choice to address a known problem (trust among strangers in a peer-to-peer service).

Claim 18 (Method for Delivery of Goods):

This claim focuses on chaining deliveries.

• Chaining Deliveries: Once the core system of matching transport capacity with demand and verifying journeys (as enabled by combining Olmi and Gaspard) is established, extending it to the delivery of goods is a straightforward application. If a vehicle has unused capacity and its route is being tracked (Gaspard), a PHOSITA would find it obvious to identify a second delivery request in proximity to the vehicle's location and "chain" the deliveries to maximize efficiency, especially after completing a first delivery. This optimizes the utilization of the available transport capacity, a goal consistent with the overall purpose of a shared transport network.

Therefore, the challenged claims, when viewed through the lens of a PHOSITA motivated to combine the functionalities of Olmi's comprehensive travel planning with Gaspard's precise vehicle tracking and control, would be considered obvious.