> -----Original Message-----
> From: S. Isaac Dealey [mailto:[EMAIL PROTECTED]
> Sent: Sunday, July 24, 2005 7:58 PM
> To: CF-Community
> Subject: Re: When will the patent madness stop? MS patents SMileys!
> 
> > Actually, the patent isn't for emoticons themselves.
> > It's for substituting emoticons with images when
> > emoticons are seen in text.
> 
> > There may not be so much prior art on that, which
> > would suck. Frankly, this is proof that the patent
> > system is being used to stifle innovation.
> 
> I beg to differ... every instant messenger client has done this for a
> long time. Kinda hard for them to claim it's new and unique when
> there's a quick, easy and obvious example of a major company that's
> implemented it for a looong time now.

Actually the patent is more specific: it's not just substituting emoticons
it's substituting "custom" emoticons and defining the methods of transfer.

Here's the abstract:

"Methods and devices for creating and transferring custom emoticons allow a
user to adopt an arbitrary image as an emoticon, which can then be
represented by a character sequence in real-time communication. In one
implementation, custom emoticons can be included in a message and
transmitted to a receiver in the message. In another implementation,
character sequences representing the custom emoticons can be transmitted in
the message instead of the custom emoticons in order to preserve performance
of text messaging. At the receiving end, the character sequences are
replaced by their corresponding custom emoticons, which can be retrieved
locally if they have been previously received, or can be retrieved from the
sender in a separate communication from the text message if they have not
been previously received."

And here's the patent application:

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=
1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220050156873%22.PGNR.
&OS=DN/20050156873&RS=DN/20050156873

What got me was claim number one:

"A method, comprising: selecting pixels to be used as an emoticon; assigning
a character sequence to the pixels; and transmitting the character sequence
to a destination to allow for reconstruction of the pixels at the
destination."

You can't really send a "pixel", can you?

It sounds like what their patenting (I only scanned it) is the method for
transferring and storing the custom emoticons.  Take a look at some of the
diagrams and you'll see it's rather specific.

This isn't too dissimilar to patents they own related to the "Comic Chat"
application (something I really wish would have taken off).  In that
application plain text messaging has added meta information (emotional
state, positional information, etc) added to allow the application to
produce a very nifty comic strip of the conversation.

Damn I did love that little app.

Anyway it looks like this patent covers a similar idea: sending custom
emoticons via a chat interface.

I'm not giving my opinion as to whether they should have applied for this
patent.  However I do take issue with those that obviously never read the
application and blanketly claim that "MS patents smilies".

Jim Davis





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