Need to see the patent or published application, and in particular the claims. I've got a few patents under my belt, but I'm not a patent lawyer. Typically when prior art is found during the preparation or processing of a patent application, the inventor can either argue for why their thing is new and different, or narrow their claims to the point where what's left satisfies novelty. Now at that point, one is left wondering if their idea is still worth patenting. But that's another matter.
Even as an inventor with some experience in the patent process, I still find it hard to second guess the patent office on what they will accept or reject as prior art. The lawyers are better at it than I am.
More than once I've rushed breathlessly to the lawyers with screaming hot obvious prior art, and they say: "Meh, it's not prior art because of X, Y, and Z, nice try."
Even as an inventor with some experience in the patent process, I still find it hard to second guess the patent office on what they will accept or reject as prior art. The lawyers are better at it than I am.
More than once I've rushed breathlessly to the lawyers with screaming hot obvious prior art, and they say: "Meh, it's not prior art because of X, Y, and Z, nice try."