USPTO Issues Microsoft A Patent For 60's Technology

theodp writes "On Tuesday, the USPTO issued U.S. patent no. 6,594,674 to Microsoft for a System and method for creating multiple files from a single source file, which describes a fundamental IBM Mainframe file structure, the Partitioned Data Set, that's been around since the 60's and is familiar to virtually anyone who's used a mainframe text editor in the past five decades. To the amazement of readers of an IBM newsgroup, neither Microsoft nor the USPTO examiners seem to be aware of the existence of the Mainframe-based prior art, which is not cited in the patent."

Comments

wish I could say I was suprised...

[josepha48]

.. but I used to work at that office and had to get out to get away from the 'dumbing effect' it has on people. Not all people who work there are that dumb, but the problem is that they have quotas of how many actions they must perform a week. Each patent has 2 actions.

First action is usually a rejection on something, but not always. Could be language / semantics, or something. Could also be peior art if the examiner finds any.

The second action is then the final rejection or allowance. This needs to be based on the first action, so if the first action was a rejection on language then the second action is usually an allowance. If the first action was based on prior art and the art was good then it is usually a rejection. Most stuff is never black and white, there are some 65million colors that most patents fall into.

If you go back and forth more than 2 times on any patent then you spin your wheels as a patent examiner, and don't get credit for a third or fourth action if you have to do more than 2 actions on a patent. Thus if you don't find anything in a period of time, then you have to allow it.

As you get promoted in the patent office, you are expected to do MORE actions. So if you start out as a GS7 you have 4 actions about every 2 weeks. When you become a GS9 it is 5-1/2 actions about every two weeks. (GS is goverment job scale ratings. ) It was like that when I was there and I doubt it has changed much. The actual number of actions may not be 100% correct but it is close enough that anyone with an IQ smarter than a tomato plant can get the general idea.