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Microsoft Seeks Patent On Virtual Desktop Pager

Posted by timothy on Wed Feb 25, 2004 09:37 AM
from the enlightenment-anyone dept.
ihabawad writes "Microsoft has a patent on file for this really cool new technology called 'virtual desktops' where you see a 'pager' on the screen. Read all about it by searching under "Published Applications" for patent #20030189597 at the US Patent and Trademark Office. You know, I had a dream that I was using such a thing once; what was it called? -- yes, FvwmPager! Weird, eh?"
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  • by superwiz (655733) on Wednesday February 25 2004, @09:39AM (#8385536) Journal
    to the Patent Office! Because you just know they don't read slashdot.... if they did, they wouldn't approve half the patents they approve.
    • by swordboy (472941) on Wednesday February 25 2004, @09:44AM (#8385603) Journal
      I don't think that you understand. The US Patent office's function is no longer to get into validity. The new function is simply to accept money and issue patents which become legal weapons for businesses.

      Microsoft will probably get this patent and go on to sue anyone using the technology out of existence.

      Embrace and extend.
        • by Anonymous Coward on Wednesday February 25 2004, @09:58AM (#8385797)
          Perhaps you are forgetting the current patent licensing they started enforcing with the makers of compact flash and other digital media for the DOS filesytem?
        • by Halo1 (136547) <jonas...maebe@@@elis...ugent...be> on Wednesday February 25 2004, @10:00AM (#8385827) Homepage
          Perhaps their latest rash of applications are more defensive than offensive.
          If that were the case, then why are they lobbying so heavily in favour of software patents in Europe? They even went as far as going to individual MEPs and asking them what they wanted (things like free licenses for schools in their constituency etc) in return for supporting the swpat directive. They also went to governments (together with national member organisations from EICTA [ffii.org]), urging them to support the swpat directive, because excluding software from patentability would somehow be very bad for our economy.
        • by Anonymous Coward on Wednesday February 25 2004, @10:04AM (#8385874)
          Why do idiots (or astroturfing trolls) always say this and why do other idiots mod them up? Microsoft most certainly does go after people using patents. Just ask the author of VirtualDub [advogato.org]

          Just because most of these never make it to court is hardly an excuse either. Honestly, how many open source developers do you think could afford to face Microsofts high-paid lawyers in a patent case?
        • by ajagci (737734) on Wednesday February 25 2004, @10:32AM (#8386222)
          They haven't. They don't do business that way.

          Yes, you are right that Microsoft, so far hasn't done that. They haven't needed to, since they have been able to dominate the industry through other means. So, Microsoft is not guilty of any special kind of abuse of the patent system, they simply abuse it in the same way every large company abuses the patent system.

          There are plenty of folks suing them over frivolous patents.

          And how is creating more "frivolous patents" going to help with that?

          Perhaps their latest rash of applications are more defensive than offensive.

          There is no such thing as a "defensive patent": sooner or later, a company has to assert, or at least threaten to assert, the claims in one of their patents if it is going to do them any good. And that makes the patent offensive.

          Sometimes people think that a patent is used "defensively" in order to establish priority. That's nonsense--a simple disclosure does the same thing and is nearly free. Even Microsoft wouldn't waste $50k-$100k on that.

          In fact, most likely, Microsoft is filing patents in order to allow them to get a portfolio for cross-licensing. And that, in itself, is anti-competitive because it ends up keeping people out of the market. It just happens that most of the big companies are in on that kind of anti-competitive behavior.
      • by ed__ (23481) on Wednesday February 25 2004, @09:56AM (#8385759) Journal
        yay for replying to myself!

        from uspto's website [uspto.gov]:

        A protest under 37 CFR 1.291(a) must be submitted in writing, must specifically identify the application to which the protest is directed by application number or serial number and filing date, and must include a listing of all patents, publications, or other information relied on; a concise explanation of the relevance of each listed item; an English language translation of all relevant parts of any non-English language document; and be accompanied by a copy of each patent, publication, or other document relied on. Protestors are encouraged to use form PTO-1449 "Information Disclosure Statement" (or an equivalent form) when preparing a protest under 37 CFR 1.291, especially the listing enumerated under 37 CFR 1.291(b)(1). See MPEP 609. In addition, the protest and any accompanying papers must either (1) reflect that a copy of the same has been served upon the applicant or upon the applicant's attorney or agent of record; or (2) be filed with the Office in duplicate in the event service is not possible.

        who wants to do it?!
  • by SpiffyMarc (590301) on Wednesday February 25 2004, @09:39AM (#8385541)
    Microsoft reminds me of that kid who always has to be "reminded" of the rules whenever he plays a game with the other kids...

    "No Billy, that's not your toy. That's FVWM's toy. Say you're sorry!"
  • Direct Link (Score:5, Informative)

    by huha (755976) on Wednesday February 25 2004, @09:41AM (#8385557)
    Those of you who don't want to search for the document, this is the direct URL:

    http://appft1.uspto.gov/netacgi/nph-Parser?Sect1 =P TO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnu m.html&r=1&f=G&l=50&s1='20030189597'.PGNR.&OS=DN/2 0030189597&RS=DN/20030189597

    It took ages to find it... *sigh*

    -huha
  • by GypC (7592) on Wednesday February 25 2004, @09:41AM (#8385558) Homepage Journal

    ... patents idea with lots of prior art.

    News at 11.

  • vtwm (Score:5, Informative)

    by bluestar (17362) on Wednesday February 25 2004, @09:41AM (#8385567) Homepage
    I'm willing to admit that I'm old enough to remember (and use) vtwm, or Virtual Tom's Window Manager. A version of the venerable twm that added virtual desktops.

    This was circa 1990, even before fvwm. I think xrooms was earlier still.
    • Re:vtwm (Score:5, Informative)

      by Col. Klink (retired) (11632) on Wednesday February 25 2004, @09:58AM (#8385787)
      Actually, tvtwm. Yes, I've used it. I also used (and continue to use) its successor, "ctwm".

      From the tvtwm man page:

      COPYRIGHT

      Portions copyright 1988 Evans & Sutherland Computer Corporation; portions copyright 1989 Hewlett-Packard Company and the Massachusetts Institute of Technology, See X(1) for a full statement of rights and permissions.

    • Re:vtwm (Score:5, Informative)

      by foxtrot (14140) on Wednesday February 25 2004, @10:05AM (#8385879)
      I'm willing to admit that I'm old enough to remember (and use) vtwm, or Virtual Tom's Window Manager.

      Sort of. :)

      vtwm was a different fork.

      twm was "Tab Window Manager"-- window managers previous to that didn't have the object at the top of the window (called a tab in this case) to do the window manipulation with. However since it was written by a guy named Tom LaStrange, it also was known as "Tom's Window Manager."

      vtwm involved a bunch of folks taking twm and adding virtual screen capabilities to it, the same thing Tom LaStrange was doing at Solbourne (remember them?) for swm (Solbourne Window Manager, of course). swm evolved into tvtwm, which is where Tom's name was first "officially" put in the window manager's name: "Tom's Virtual Tab Window Manager."
  • by The I Shing (700142) * on Wednesday February 25 2004, @09:41AM (#8385568) Journal
    I use a program called CodeTek Virtual Desktop for Mac OSX, and the abstract in that application sounds an awful lot like it.

    I'm sure there are differences, but is this patent, if it is awarded, going to allow Microsoft to send C&D letters to every company and organization that has been providing virtual desktop software for years, regardless of platform?

    How could such a thing happen?
  • by handy_vandal (606174) on Wednesday February 25 2004, @09:43AM (#8385596) Homepage Journal
    You know, I had a dream that I was using such a thing once; what was it called? -- yes, FvwmPager! Weird, eh?

    Can a dream constitute prior art?

    -kgj
  • Innovative (Score:5, Funny)

    by r0ckflite (63420) on Wednesday February 25 2004, @09:44AM (#8385605) Homepage
    Ah, but you don't understand. MS's patent uses xml! That's makes it sufficiently different from all previous desktop pagers. :)
    • Re:Innovative (Score:5, Informative)

      by rm007 (616365) on Wednesday February 25 2004, @10:08AM (#8385922) Journal
      Ah, but you don't understand. MS's patent uses xml! That's makes it sufficiently different from all previous desktop pagers.:)

      Funny but also (sadly?) true. With the provervial disclaimer IAMAL, but I have worked in R&D labs where were were regularly briefed by the lawyers and harvested for ideas, to be patentable, an idea does not have to be a completely new product area, it just needs to be a way of doing something. So if one step in a process is novel, you can try to patent it. This means, of course, that someone can come around with a different process to do the same thing and they can also try to patent it. In the realm of software, business processes etc. this means that some dubious sounding things can get through - but it also means that there are often work arounds e.g. if one click shopping is patented, add a second step.
  • by Dios (83038) on Wednesday February 25 2004, @09:44AM (#8385612) Homepage

    This is available in XP as a power toy.


    http://www.microsoft.com/windowsxp/pro/downloads/p owertoys.asp [microsoft.com]


    Works fine I guess... never really got used to it myself.

  • by E-Lad (1262) on Wednesday February 25 2004, @09:44AM (#8385617) Homepage
    They have *applied* for this patent, so they don't actually have it yet. The poster needs to read a bit more before frothing at the mouth.

    This means that the USPTO could still be contacted and instances of prior art be submitted.
  • No references (Score:5, Interesting)

    by Refried Beans (70083) * on Wednesday February 25 2004, @09:45AM (#8385619) Homepage
    It is interesting that they don't cite any references in their application. But if you do a quick search for "virtual desktop" you'll get a dozen results with dozens more references. This patent application should be thrown out pretty quickly. This patent was filed in 2002, while a quick search shows references in the 1987 to 1995 time frame.

    Thank you for your application fees. Don't call us, we'll call you.
  • Patently abusive (Score:5, Informative)

    by shrubya (570356) on Wednesday February 25 2004, @09:46AM (#8385628) Homepage Journal
    To quote from the patent application [uspto.gov]
    October 9, 2003
    Virtual desktop manager
    Abstract
    A method for a user to preview multiple virtual desktops in a graphical user interface is described. The method comprises receiving an indication from a user to preview the multiple virtual desktops and displaying multiple panes on the display. Each pane contains a scaled virtual desktop having dimensions that are proportionally less than the dimensions of a corresponding full-size virtual desktop. Each scaled virtual desktop displays with one or more scaled application windows as shadows if the corresponding full-size virtual desktop has one or more corresponding application windows that are active.
    That exactly describes the little rectangles in the toolbar on my Linux box ... from several years ago.
  • Read the patent... (Score:5, Informative)

    by larien (5608) * on Wednesday February 25 2004, @09:46AM (#8385633) Homepage Journal
    They're not actually trying to patent virtual desktops, they're trying to patent a pager with a preview of each desktop. You know, kind of like Gnome has (and probably KDE as well; can't remember).

    Doesn't make it that much better, but at least make sure you're ranting about the right thing.

  • Prior Art (Score:5, Informative)

    by RailGunner (554645) on Wednesday February 25 2004, @09:48AM (#8385662)
    FvwmPager would definately be considered Prior Art - but - this is the United States Government, and let's face it.. government employees are often behind the curve, and many of them have probably never heard of Linux, or X, or Fvwm, or are even aware of the existence of Window Managers in general. So why don't we tell them?

    (Gets out Soapbox) So why don't we give the USPTO and Congress a good old fashioned snail mail slashdotting and try to convince them that while software copyrights on source code is fine, that software patents are patently stupid.

    C'mon - who's with me? Anyone want to step up and coordinate this effort?

    Let's write letters and Slashdot the USPTO! And the US Senate! And The House! Here's the USPTO Mailing address -

    U.S. Patent and Trademark Office
    USPTO Contact Center (UCC)
    Crystal Plaza 3, Room 2C02
    P.O. Box 1450
    Alexandria, VA 22313-1450

    http://www.senate.gov for finding your state's senator. http://www.house.gov for finding your district's representative.

    • Re:Prior Art (Score:5, Informative)

      by ip_vjl (410654) on Wednesday February 25 2004, @10:14AM (#8386001) Homepage
      many of them have probably never heard of Linux, or X, or Fvwm, or are even aware of the existence of Window Managers in general


      Maybe if you actually look at the patent application you'll see that they (Microsoft) INCLUDE a representation of both KDE and Gnome implementations in their drawings.
      See page 2 (tiff) [uspto.gov] of their application. They're not trying to pretend that virtual desktops don't exist. They're trying to describe a slightly different way of doing it that is related (but not the same) as existing methods.

      This application doesn't look like their trying to patent the concept of virtual desktop pagers, but a specific implementation of one. This patent app would fall under the broad cateogory of being an incremental improvement of an existing invention.

      The question the patent office will need to face is whether the claims are unique enough that this specific implementation warrants a patent. This patent wouldn't cover all virtual desktop pagers, just ones that use the method they describe in their claims.

  • GNOME/KDE Ripoff? (Score:5, Interesting)

    by Leoric (540150) <.leoric. .at. .online.no.> on Wednesday February 25 2004, @09:51AM (#8385700)
    I was looking through the patent application pdf at (http://www.dagsavisen.no/innenriks/apor/2003/06/7 39300.shtml)
    On page2. Isnt that a gnome and KDE screendump? You can clearly see the foot and the KDE logo in the right bottom corner.
    How is it possible to file a patent on someone elses technology, and use a picture of their product to describe it?
  • by G4from128k (686170) on Wednesday February 25 2004, @09:51AM (#8385703)
    From the USPTO abstract:
    A method for a user to preview multiple virtual desktops in a graphical user interface is described. The method comprises receiving an indication from a user to preview the multiple virtual desktops and displaying multiple panes on the display. Each pane contains a scaled virtual desktop having dimensions that are proportionally less than the dimensions of a corresponding full-size virtual desktop. Each scaled virtual desktop displays with one or more scaled application windows as shadows if the corresponding full-size virtual desktop has one or more corresponding application windows that are active.

    This really sounds similar to Apple's Expose with its ability to display multiple windows. And it is Expose if you are running a bunch of emulators on a Mac and each "window" is an emulated desktop.
  • by cheide (731641) <cnh_pub@shaw.ca> on Wednesday February 25 2004, @09:52AM (#8385716)
    The way it's described in the patent, the 'preview' of all of the desktops is hidden until the user specifically triggers it, whereas all the other virtual desktops I'm familiar with have an omnipresent preview on your current desktop.

    Of course, this is exactly the kind of trivial difference that disqualifies it from being 'new and non-obvious', so it still deserves to get laughed out of the Patent Office...
  • by yeremein (678037) on Wednesday February 25 2004, @10:00AM (#8385822)
    Here [xmission.com].

    I wrote it sometime during the fall of 2001; I don't remember exactly when, but it was last updated Jan 23 2002.

    Of course, X pagers had been around long before this one... can the public submit prior art to the USPTO and get MS's patent denied?

  • Protesting Patents (Score:5, Informative)

    by what!!!smd (756407) on Wednesday February 25 2004, @10:01AM (#8385836)
    I was just looking around on the USPTO website and came accross the methods which can be used to protest a pending patent. I am not quite sure where to find evidence that it is prior art, beyond just stating that it has been on my linux box as long as I have used linux. This definatley makes it before XP.

    Here is the link to the Patent Protest Document. [uspto.gov]

  • by originalhack (142366) on Wednesday February 25 2004, @10:11AM (#8385969)
    Using pat2pdf, I got a PDF of the whole document including the images. If anyone has a place to host this, I'll email it to them.

    Some of the illustrations show a gnome display right down to the foot. What Microsoft seems to be trying to claim is...
    1) When you preview, then entire screen is filed with tiled preview images large enough so you can really see what is in each window.
    2) The mini-images on the toolbar have the same background properties as the full-scale window.

    Not the most innovative patent in the world, but not a slimy attempt to patent the work of others either.
  • Oddly Enough (Score:5, Informative)

    by Mandrake (3939) <mandrake@mandrake.net> on Wednesday February 25 2004, @10:14AM (#8386000) Homepage Journal
    Oddly enough, we implemented pagers with virtual previews of the windows on multiple desktops in enlightenment in about 1997. And the thing that I find HIGHLY ironic is that it was CmdrTaco (yes, of /.) that submitted the patches to do it. I'll search for an exact date shortly, but I believe it was in late 1997.

    Just my 2 cents.

  • by SquarePants (580774) on Wednesday February 25 2004, @11:33AM (#8387157)
    I often see the posts on /. generally stating that there ought to be a procedure for the public to raise issues of prior art before the USPTO grants a patent. Well, guess what? there is such a procedure. And it is very very simple.

    37 C.F.R. 1.291 [gpo.gov] gives members of the public the right to protest a pending application by simply advising the patent office of any reason why a patent should not issue, including prior art. The essential aspects of this are that you must (a)correctly identify the application; (b)provide a concise explanation of the reason for the protest; and (c)provide a copy of the prior art your protest relies on.

    So, rather that the usual pablovian reflex of ranting about this stuff on /. why not do something to help the USPTO do a better job?

    Ready ... set ... go!
    • by tunah (530328) <sam.krayup@com> on Wednesday February 25 2004, @09:43AM (#8385600) Homepage
      Microsoft also has an (unsupported) utility for this, one of their XP Powertoys [microsoft.com].
    • by squiggleslash (241428) on Wednesday February 25 2004, @09:58AM (#8385789) Homepage Journal
      You know, Slashdot often posts articles on patents for apparently obvious inventions, or patents for things that very obviously have prior art, where usually the facts are rather less certain than the submitter assumes.

      I think this has to be the first time I've read such a posted patent and come to the conclusion the submitter is absolutely, 100%, right. While I see a few apparently new (but not exactly non-obvious) features (a preview button is on one of the variants), the vast majority of the inventions covered by this patent have abundant prior art, dating back to the late eighties at the latest. And, to the best of my knowledge, while Microsoft has made some of these features available in bonus packs or add-ons or downloadable features since the mid-nineties, I can't recall MS ever bothering to actually include the features by default in their operating systems. It's like they're taking credit for something they've only ever supported grudgingly.

      Full marks to Microsoft for blatent patent abuse.

      • by ProfBooty (172603) on Wednesday February 25 2004, @10:18AM (#8386039)
        this is a patent application, not an actual patent. All patents filed after the near end of 2000 are pubished 18 months after they were filed. This is a good thing, as examiners can now search this database of prior art, which is substantially larger than the current USPTO patent database.

        As this is only an application, it does not have patent protection.
          • its not a joke (Score:5, Informative)

            by ProfBooty (172603) on Wednesday February 25 2004, @10:35AM (#8386269)
            no joke

            I work as an examiner.

            The claims presented in this application will likely be signifigantly different if it becomes allowed.

            Examiners usually have 10-40 hours based on paygrade to fully examine a case. Keep in mind experts don't need as much time to search, and unless you have a proper legal background to understand the metes and bounds, you may not realize how narrow or broad the claims actually are.

            I can not comment on office policy, or validity of the claims for this, or any other patent application.
      • by wonkavader (605434) on Wednesday February 25 2004, @11:39AM (#8387254)
        A. Microsoft costs the patent office time on this, and that's our money.

        B. They cost us, as a community, time.

        C. They're gambling on getting it through under radar, and if that happens it'll cost lots of folks money to fight it.

        So there's a monetary component to this.

        Meanwhile, Microsoft KNOWS they don't have actual title to this, and are submitting it in effort to take title to this idea FRAUDULENTLY, as they KNOW they don't have title.

        That sounds to me like slander of title, and is ACTIONABLE, correct?

        And while it's hard to figure out who needs to do the actual suing, damages to the community could be set as a fraction of legal fees expected as an average of Microsoft's expenditures on patent actions.

        And it would put the fear of God into some of these slanderers of title we've been talking about for the past year(s).
    • by PetiePooo (606423) on Wednesday February 25 2004, @10:40AM (#8386356)
      This patent application is thorough, obviously written by someone who knows how to push patents through. The last three pages of the PDF have a listing of 25 claims that they say are the embodiment of the "invention." I'm not a patent examiner, and am not in the place to refute each of them. However, its clear that they aren't claiming a patent on basic pager functionality. As mentioned elsewhere, they give examples of prior art.

      There do seem to be some improvements listed. Foremost appears to be the ability to view a scaled version of the desktops in full screen instead of just the little icons in the pager. For instance, with 4 virtual desktops, they describe a scaled view where each desktop is essentially 1/4 of the screen. If you have two browser windows open in two different desktops, such a view would enable you to visually determine which is which. I don't remember seeing such a feature in other VWMs. They also describe animating the transition between this view and the full desktops via shrinking/expanding the active desktop.

      While this does seem to be an improvement over existing pagers, many will argue its triviality. I personally suspect it's still enough to get the patent issued and drag someone into court...
    • by alistair (31390) <{moc.padltoh} {ta} {riatsila}> on Wednesday February 25 2004, @10:55AM (#8386599)
      I think there is a key difference between the KDE, Gnome implementations, Bigdesk for windows etc. and this patent.

      Reading the patent document, the key point is that the users hits a key and all the desktops are scaled within the window using animation. So if I have a 3 x 3 virtual desktop and hit the desktop view button, my screen is shrunk to (say) the top left 9th of the screen and 8 other mini desktops become visible. If I select another desktop it zooms towards me filling the screen. They make a number of references to background images and I guess animating 9 different background images for the demo above would look very cool.

      I haven't seen this implemented before. The nearest is Mac OS X.3 which allows all application windows to be minimised and switched between, I use it a lot and it is excellent, particularly if you have a number of quicktime movies or similar playing. As I recall, Apple patented this and I think this is Microsoft's answer
    • by akiaki007 (148804) <aa316@ny[ ]du ['u.e' in gap]> on Wednesday February 25 2004, @10:12AM (#8385972) Homepage
      I wasn't, but it didn't matter. From what I understand of the "Full-Screen preview" (since I used to do this on XP until i decided it was complete crap) was built into their multi-virtual-desktop powertoy. Anyway, with the powertoy you can have 4 desktops (no more, no less), and when you add the switch buttons to the taskbar, you can click on 1, 2, 3, 4, O - where that O represents the full-screen preview button. What would happen is that the screen would be split into 4 and you would see the applications as they currently are (and if some of them changed while you were on another screen). You'd see everything - kinda cool and all, but not really very practical. I'd prefer to click both buttons and then find the app that I'm looking for that way instead of getting a full-screen mode of all 6 of my virtual screens.
    • by w3svc_animal (629519) on Wednesday February 25 2004, @10:15AM (#8386013)
      According to the official job announcement for a Patent Examiner vacancy (special emphasis on ELECTRICAL & COMPUTER ENGINEERING, COMPUTER SCIENCE) the duties are as follows:

      Reviewing patent applications to assess if they comply with the basic format, rules and legal requirements, determining the scope of the protection claimed by the inventor, researching relevant technologies to compare similar prior inventions with the invention claimed in the patent applications, and communicating the examiner's findings to patent practitioners/inventors with reasons on the patent ability of applicant's inventions.
      Patent Examiners are responsible for the quality, productivity, and timely processing of patent applications, which is the basis of their performance evaluation.

      See the actual posting HERE [opm.gov]

      I'm not trying to be glib, and I know one person cannot change the world, but with all of the unemployed /.'ers out there, one of you could take a leap and actually apply for this position.

      Let us know how it goes.