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Cingular Patents the Emoticon?

massysett writes "Mobile phone carrier Cingular Wireless may have managed to get a patent on the emoticon. The patent describes a system for selecting a displayable icon to indicate the mood or emotion of the user. It also covers text-based emoticons, 'so presumably sending :) via an SMS - if selected via a dedicated or softkey, would be a breach of the patent in future.'" My response? >:/

231 comments

  1. Hmmm by TheSpoom · · Score: 5, Funny
    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
    1. Re:Hmmm by gEvil+(beta) · · Score: 2, Informative

      They were granted a trademark for that, not a patent.

      --
      This guy's the limit!
    2. Re:Hmmm by TheSpoom · · Score: 2, Interesting

      Doesn't matter, prior art doesn't mean that there has to be a previous patent. If it did, I could patent the wheel.

      --
      It's better to vote for what you want and not get it than to vote for what you don't want and get it.
      - E. Debs
    3. Re:Hmmm by ackthpt · · Score: 0, Flamebait
      Prior art![despair.com]

      Yeah, that's der bunny. I posted that years ago and it was rejected as a post. Now /. editors see this as serious, nevermind the seeds were sewn years ago.

      A trademark, however is just the permission to grant rather exclusive use of a design. Patenting a system for manipulating punctuation into moods is, well, about as dumb as moodrings.

      --

      A feeling of having made the same mistake before: Deja Foobar
    4. Re:Hmmm by Anonymous Coward · · Score: 0

      According to the all-knowing wiki, prior art or state of the art is all information that has been disclosed to the public in any form before a given date.

      Being a trademark doesn't discount it as prior art.

    5. Re:Hmmm by Anonymous Coward · · Score: 0

      The difference is that the guys at despair.com have a sense of humor.

    6. Re:Hmmm by dargon · · Score: 1

      You guys do realize that today is the anniversary of /. reporting on the despair.com :-(

    7. Re:Hmmm by ehrichweiss · · Score: 1

      Don't suppose anyone bothered reading the update on TFA. I states that it is a patent *application*. Another poster pointed out they were trying to trademark the emoticon, not patent it. I haven't checked into this yet but that's far more likely to succeed.

      --
      0x09F911029D74E35BD84156C5635688C0
    8. Re:Hmmm by Anonymous Coward · · Score: 0
      In response, I think we should all respond to them with something like this, which probably also has prior art:...

      .,.Î,,
      '

      (my best attempt at a middle finger emoticon).

    9. Re:Hmmm by Anonymous Coward · · Score: 0
      I was thinking of that but I think that

      ..!..

      might be better

  2. Good luck enforcing this one! by gasmonso · · Score: 5, Funny

    They can stick that patent in their (_|_).

    http://religiousfreaks.com/
    1. Re:Good luck enforcing this one! by Anonymous Coward · · Score: 0

      They can suck my left (o)(o)

    2. Re:Good luck enforcing this one! by ettlz · · Score: 5, Funny

      And they can kiss my shiny hello.jpg (=O=).

    3. Re:Good luck enforcing this one! by Anonymous Coward · · Score: 0

      www.goatse.cx[broken link]

    4. Re:Good luck enforcing this one! by LiquidCoooled · · Score: 1

      Just the filename itself is enough.

      That should be its own emoticon.

      --
      liqbase :: faster than paper
    5. Re:Good luck enforcing this one! by smooth+wombat · · Score: 1

      Ehhhhh, I could pull a better cartoon out of my a-- ha heh heh. Hey! Whoa! Wasn't that great kids?

      --
      We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
    6. Re:Good luck enforcing this one! by utexaspunk · · Score: 2, Funny

      They could also ))<>((

    7. Re:Good luck enforcing this one! by ezpei · · Score: 1

      Or they can get together with the guys from despair.com and ))(( with it.

    8. Re:Good luck enforcing this one! by DocStoner · · Score: 4, Funny

      And all this time I thought it was a tie-fighter. That changes the intent of a lot of past conversations.

    9. Re:Good luck enforcing this one! by Anonymous Coward · · Score: 0

      Haha, I saw that movie last night. "Back and forth"... what an imaginative young kid.

    10. Re:Good luck enforcing this one! by ettlz · · Score: 3, Funny
      And all this time I thought it was a tie-fighter.

      Now you know why Darth Vader always wore gloves.

    11. Re:Good luck enforcing this one! by ChildeRoland · · Score: 1

      I believe that would be a Tie Bomber.

      --
      The mark of a mature person is not creating arbitrary criteria for considering others mature.
    12. Re:Good luck enforcing this one! by xaque · · Score: 1

      Now I'm going to be up all night thinking about lightsabers.

    13. Re:Good luck enforcing this one! by ettlz · · Score: 1
      Now I'm going to be up all night thinking about lightsabers.

      NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!

    14. Re:Good luck enforcing this one! by Anonymous Coward · · Score: 0

      Kkkkhhhaaaaaaaaaaaaaaaaaaaaaaaaaaaaan!!!

    15. Re:Good luck enforcing this one! by ettlz · · Score: 1
      Kkkkhhhaaaaaaaaaaaaaaaaaaaaaaaaaaaaan!!!

      Wazzaaaaaaaaaaaaaaaaaaaaaaaaap?!

    16. Re:Good luck enforcing this one! by joNDoty · · Score: 1

      Your emotibutt is strikingly erotic. Where the hell did I leave my emoticondoms?!

    17. Re:Good luck enforcing this one! by enrgeeman · · Score: 1

      and I see your shwartz is as big as mine..

      --
      sent from my slashdot browser.
    18. Re:Good luck enforcing this one! by rtb61 · · Score: 1

      Doesn't matter as the patent is false. People do not use emoticon to express their current mood or emotion, they use emoticons to add the inference of a mood or emotion to the message they are writing and hence influence the readers mood or emotion i.e. emoticons are all about the reader not the writer (I hearby claim and give away all IP rights to mood changing emoticons ;-P).

      --
      Chaos - everything, everywhere, everywhen
    19. Re:Good luck enforcing this one! by cra · · Score: 1

      Indeed!

      The Fighter would be more like |-O-|

      --
      This message has been ROT-13 encrypted twice for higher security.
    20. Re:Good luck enforcing this one! by Anonymous Coward · · Score: 0

      Endut! Hoch Hech!

  3. Patent review by CastrTroy · · Score: 5, Insightful

    They really need to beef up their standards for patent review. Stuff like this should never even get through. People shouldn't have to spend money battling these patents in court. I think cingular should be fined for even submitting a patent which is quite obviously not novel, and just an attempt to patent something that's already used everywhere in order to squeeze money out of others

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    1. Re:Patent review by MightyMartian · · Score: 3, Insightful
      What they need to do is to a) fine the living shit out of a company that tries to pull one of these patents (I figure 50% of their gross earnings over the last five years is a good start) and then b) forbid them, any subsidiary and any company that shares any member of the board from filing any patent for ten years. If they attempted to take so much as one person to court over licensing, that person should immediately receive fifty thousand times the licensing fee that was demanded of them.

      Perhaps when a few pension funds and other shareholders lose their shirts over patent scams, they'll make damn good and sure that nothing like this happens again.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Patent review by Anonymous Coward · · Score: 0

      Dont forget Microsoft has a patent application of custom emoticons too. US should toss software patens into (_|_).

  4. Been done by taustin · · Score: 3, Interesting

    This patent will conflict with Despair.com's registered trademark, won't it?

    1. Re:Been done by Dysproxia · · Score: 1

      A logo by itself is not a "system for selecting a displayable icon to indicate the mood or emotion of the user." So not really.

    2. Re:Been done by jfengel · · Score: 1

      Nope. This is one of those "$foo ... on the Internet!" patents where $foo is something well-known. In this case it's "$foo ... on a mobile phone", but same diff.

      So despair.com's trademark doesn't conflict with the patent. However, I would love to see despair.com threaten to sue them for trademark infringement when certain smileys are sent using their system.

    3. Re:Been done by Cobralisk · · Score: 1

      No, but {Alt-1,Alt-2,Alt-3} is. See Aol Instant Messenger circa 1998.

      --
      Waiting for ad.doubleclick.net...
    4. Re:Been done by Bloke+down+the+pub · · Score: 1
      In this case it's "$foo ... on a mobile phone", but same diff.
      Yup. Just as white is the new black and comedy is the new rock & roll, mobile phones are the new internet. Say, maybe I could patent jokes of the form "X - it's the new Y"?
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    5. Re:Been done by Anonymous Coward · · Score: 0

      Too late - I already used "Undervolting - it's the new overclocking" last week.

  5. My response? by kalpol · · Score: 1

    n|m

    --
    12:50 - press return.
  6. The whole point by jlebrech · · Score: 0

    The whole point of an emoticon is to draw a mood using normal ascii characters that are visible from the keyboard. The whole redrawing of those emoticons graphically is just nonsense.

  7. We'll need to see the patent...but uh... by Benanov · · Score: 4, Interesting

    You know, it looks like it's another one of those “we're doing X, but on the internet” patents, except this time it's on a phone.

    I thought that I had lost all hope in the patent system some time ago, but I just lost more.

    1. Re:We'll need to see the patent...but uh... by 91degrees · · Score: 1

      It's okay. You still have more hope to lose. I'm sure another new communication technology will become popular sometime in the next 10 years. We'll see the same stuff happening, but this time we're doing X on new comm tech.

    2. Re:We'll need to see the patent...but uh... by kjd · · Score: 2, Funny

      Have you ever sent an emoticon... on weeeeeed?

  8. This is simply... by cnelzie · · Score: 3, Insightful

    ...another reason that the Patent system needs to be revised and or rebuilt.

        Activating an emoticon from tapping one key is NO different then activating something via a single Macro key, which has been used in applications and games for ages.

        Writing a series of symbols out to be displayed as an emoticon is also soemthing that has been performed for ages.

        Seriously, when will this patent frenzy of stupidity end?

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
    1. Re:This is simply... by Anonymous Coward · · Score: 0

      When we shoot all the patentists, I guess. :-)

      It's really silly. I'm pretty confident the system will collapse, I'd just rather it collapsed this year instead of over several decades, because I'll almost certainly be dead in several decades.

    2. Re:This is simply... by Original+Replica · · Score: 1

      Seriously, when will this patent frenzy of stupidity end?

            When someone manages to patent stupidity.

      --
      We are all just people.
    3. Re:This is simply... by RESPAWN · · Score: 1
      --

      If Murphy's Law can go wrong, it will.

  9. My submission was Rejected by ackthpt · · Score: 1
    Years ago I tried to submit a story about a .com trying to copyright the :-( emoticon. Seems nobody took me seriously then. Now Cingular, following in their footsteps is all the rage.

    Well, yeah, they're making an almighty grab for the system. Never mind I received my first list of emoticons, a rather comprehensive one at that, back in the 80's.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:My submission was Rejected by un1xl0ser · · Score: 1

      I think this is what you were talking about:

      http://www.despair.com/

      --
      v4sw6PU$hw6ln6pr4F$ck 4/6$ma3+6u7LNS$w2m4l7U$i2e4+7en6a2X h
    2. Re:My submission was Rejected by ackthpt · · Score: 1
      I think this is what you were talking about: http://www.despair.com/

      Quite similar. Initially Despair.com attempted a copyright on :-( and was rejected. That was my orginal submission, back in the days of yor (when it was rejected) seems they shifted footing and went for Trademark.

      Still, the patent for emoticons is preposterous and whoever granted it should be publicly flogged. They probably are some old cuss who has never been on the internet and still write with an Underwood typewritter.

      --

      A feeling of having made the same mistake before: Deja Foobar
    3. Re:My submission was Rejected by Sabotage · · Score: 1

      From my Despair, Inc. Demotivators calendar:

      January 2nd: In a satirical press release, Despair, Inc. announces plans to sue millions of Internet users who have used the :-( symbol in email, violating the company's trademarked logo. (2001)

      January 26th: Slashdot.org, a widely read news site, reports Despair's emoticon lawsuit as fact. Despair is besieged with hundreds of outraged emails, most using the :-( symbol. (2001)

      January 29th: The NY Times reports that Despair's attempts to satirise frivolous intellectual property lawsuits instead served to demonstrate the gullibility and rashness of geeks. (2001)

      January 30th: German TV News reports that a greedy American company is suing millions for using :-( symbols in email, prompting a new flood of complaints written in German. (2001)

      February 5th: Despair announces it will compromise with trademark violators by manufacturing and selling Frownies (TM) -- legal :-( symbols which cna be used in email -- at a price of $0.00. (2001)

      And the slashdot article that got everyone all riled up:
      http://yro.slashdot.org/article.pl?sid=01/01/26/15 25258&mode=thread

  10. UseNet by rlp · · Score: 1

    I suspect the use of emoticons in UseNet predates the existence of Cingular.

    --
    [Insert pithy quote here]
    1. Re:UseNet by Chosen+Reject · · Score: 1

      I've seen them in the bible. I suspect that predates UseNet.

      --
      Stop Global Warming!
      Just say no to irreversible processes!
  11. Comic Book Guy by Anonymous Coward · · Score: 5, Funny

    "There Is No Emoticon For What I Am Feeling!"

    1. Re:Comic Book Guy by ip_freely_2000 · · Score: 1

      Good one. I would have given you a "+1, Funny" if you had logged in.

    2. Re:Comic Book Guy by ndansmith · · Score: 3, Funny
      "There Is No Emoticon For What I Am Feeling!"

      Now where's my +1 Funny?

    3. Re:Comic Book Guy by 'nother+poster · · Score: 1

      Here you go. :) ;)

  12. Love the emoticon, hate the "smileys" by Anonymous Coward · · Score: 1, Interesting

    Obtaining little funny animated smileys seems to be as popular as changing your ring tone every hour on your cell phone. What's wrong with :)? It really doesn't need to be so flashy to get the point across. Maybe we should just go back to <g> for "grin".

    1. Re:Love the emoticon, hate the "smileys" by mcdermd · · Score: 1

      is for "grin"? I figured it was a bastardization of ^g - the "beep" on old terminals. If you remember back to the early Apple ][ days, the "G" key actually had the word "BELL" written on it.

    2. Re:Love the emoticon, hate the "smileys" by operagost · · Score: 1

      If you remember back to the teletype days, it actually rang a bell!

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  13. What idiot approves these headlines? by unterderbrucke · · Score: 4, Insightful

    The article, even the summary, clearly indicates all they are patenting is the process of using a smiley on the phone/sending it. They are NOT patenting the smiley, that's just an inflammatory headline used to create negative response.

    1. Re:What idiot approves these headlines? by Anonymous Coward · · Score: 2, Insightful

      The article, even the summary, clearly indicates all they are patenting is the process of using a smiley on the phone/sending it

      Oh, OK. When you put it like that, it sounds like a legitimate use of the patent system. Novel, non-trivial, non-obvious, and all that.

    2. Re:What idiot approves these headlines? by Lisandro · · Score: 1

      The article, even the summary, clearly indicates all they are patenting is the process of using a smiley on the phone/sending it. They are NOT patenting the smiley, that's just an inflammatory headline used to create negative response.

          Don't get me wrong, but how's that different? I've been using smileys in SMSs for years - yes, the 'frowny' one they mention in the article too. Could i patent the use of smileys on IRC conversations aswell? I would be rich!

    3. Re:What idiot approves these headlines? by Anonymous Coward · · Score: 0

      clearly indicates all they are patenting is the process of using a smiley on the phone/sending it.

      Because nobody has ever sent a smiley on a phone before, eh? And before you gripe about using a single button to do it, what about the java IM clients on the smartphones that do just that?

      This deserves the negative response that it's getting.

    4. Re:What idiot approves these headlines? by Billosaur · · Score: 2, Insightful
      The article, even the summary, clearly indicates all they are patenting is the process of using a smiley on the phone/sending it. They are NOT patenting the smiley, that's just an inflammatory headline used to create negative response.

      And yet that doesn't make it any less ridiculous. Look, the original emoticons were around from the beginning of USENET and have been co-opted in all sorts of garish ways. They have become ubiquitous and you can't patent something that is such. This just points out how stupid the patent system has become. Isn't it possible people were texting smileys to each other before Cingular even existed?

      --
      GetOuttaMySpace - The Anti-Social Network
    5. Re:What idiot approves these headlines? by HalAtWork · · Score: 3, Insightful

      Oh, that makes it better. Because when you put it that way, it's really non-obvious and I'm sure nobody ever thought of doing it before.

    6. Re:What idiot approves these headlines? by C0vardeAn0nim0 · · Score: 1

      because what they're trying to do is patent a _F***ING_ _MENU_!!!

      IM softwares have menus for easy selection of emoticons, and they have this for years by now. heck, even if the patent's only valid for cell phones, my 2 yr old nokia 3200 already have this, and this model was already old news when i bought it.

      so, unless cingular can prove that they're the ones who invented _MENUS_ on a computer (and they didn't. menus have been in use since before cingular even existed), they can pretty much shove it.

      --
      What ? Me, worry ?
    7. Re:What idiot approves these headlines? by Bake · · Score: 1

      My SonyEricsson K700 has a menu for inserting smileys into SMSs. Is that prior art enough?

    8. Re:What idiot approves these headlines? by poopdeville · · Score: 1

      As if anyone who uses IRC has any money...

      --
      After all, I am strangely colored.
  14. No way by Odin_Tiger · · Score: 1

    That will never fly. People have been using emoticons, and especially ASCII smilies etc., for a very, very long time. --- How long has that been in the character map? Surely somebody can find some instance of someone, somewhere, mapping that character to a single key?

    --
    Unpleasantries.
    1. Re:No way by Anonymous Coward · · Score: 0

      MS-DOS: ^A

    2. Re:No way by Odin_Tiger · · Score: 1

      Stupid crap cut out my character...anywho, type alt + 257 or 258 into a text box or whatever. Smily face characters. How long have those been around?

      --
      Unpleasantries.
    3. Re:No way by Anonymous Coward · · Score: 0

      The Sony Ericsson P900 (gsm phone/pda), while entering a text message it displays a palette of emoticons that you can tap to enter. This patent doesn't stand a chance - but that doesn't matter, it's worth $1 less than the court costs to challange it.

    4. Re:No way by sacherjj · · Score: 1

      AKA: Alt + Fn + ki7 and Alt + Fn + ki8 and your laptop. :(

    5. Re:No way by amliebsch · · Score: 1
      People have been using emoticons, and especially ASCII smilies etc., for a very, very long time.

      Actually, the application (it's NOT a patent yet, just an application) does not deny this at all. The application is for some scheme to do this with an overloaded keypad or voice commands. From TFApplication:

      [0003] The Internet culture has developed emoticons as a way to compensate for some of the limitations of written communication. The term "emoticon" is shorthand for "emotive icon." Emoticons are typically comprised of a sequence of characters and symbols that connote some emotional state. Emoticons commonly appear in email, chat, text messaging, and other forms of written, electronic communication to express moods or tone in ways that text alone cannot. For example, `:-)` is frequently used to indicate pleasure, `:-(` displeasure. Typically, users manually input a sequence of characters and symbols to construct an emoticon. In many applications, the sequence is automatically converted into a graphic.
      --
      If you don't know where you are going, you will wind up somewhere else.
  15. Slash Dot as prior art? by RingDev · · Score: 3, Informative

    I always though /. was suposed to be Cmdr Taco pissed off and standing on his head, cause, he's only got one eye ya know.

    -Rick (Just Kidding!)

    --
    "Most people in the U.S. wouldn't know they live in a tyrannical state if it walked up and grabbed their junk." - MyFirs
  16. Uh oh, better call the punctuation police by Mr.Fork · · Score: 2, Funny

    At first, my reaction was :O but I'm guessing a lot of us are >:( but as world government bodies are getting tired of the US patenting everything from berries to sounds :^o we sign in their general direction with our tongue firmly in cheek :p

    --
    Management is doing things right; leadership is doing the right things. - Peter F. Drucker
  17. AOL-Speak by Anonymous Coward · · Score: 0

    This inspires me. I'm taking out a patent on AOL-speak and then off to the courts to force the stopping of it! :P

  18. My response by Anonymous Coward · · Score: 1, Funny

    My response? >:/

    And here's mine: t(-_-)

  19. Ridiculous patents... as usual by tnk1 · · Score: 1

    Come on. Just... come on.

    These people aren't actually "inventing" anything. They're just taking something obvious, like binding a macro to a hotkey and pretending it's an innovation. It's trivial. You shouldn't have to face the possibility for paying licensing for trivial things.

    But then, this is hardly news to anyone here, is it? Just another line in a book of examples of the abuse of patents.

  20. Here's my response by TheHawke · · Score: 1

    (_|_) (_/_) (_|_) (_\_) (_|_)

    XD

    (Homer) "Kiss my fat hairy yellow ass" (/homer)

    --
    First rule of holes; When in one, stop digging.
  21. Patents = Stock value...? by BuR4N · · Score: 1

    I maybe is on thin ice here and Cingular might even be noted on some stock exchange.

    But stuff like this must be artifacts of the hysteria that is the stock market, patents are part of company value, no matter how ridicules they are.

    I doubt that they think they can squeeze any money out of this, but +1 in the patent row in the books might look nice to people buying/selling their stock....

    --
    http://www.intellipool.se/ - Intellipool Network Monitor
  22. I'm speechless by Hershmire · · Score: 4, Funny
    =X
    --
    if(!toilet_paper) roll.replace(new roll); //Stupid roommates.
    1. Re:I'm speechless by hcdejong · · Score: 1

      I thought that was the emoticon for 'oh shit, the PHB just appeared and is now looking over my shoulder, can't type more'[Send]

  23. We really need by BattleRat · · Score: 1

    to fix the patent office. It seems that Cingular should get both of these .!.. ..!. If this Cingular case is a precident, then every stream of characters (no matter what they are, i.e. asdffsdjklsf) can be patented. It's more like getting a patent for a word. My Fav emoticon is this one: (._|_.) dibs on that patent ;)

  24. Idiots. by Khaed · · Score: 1

    I'm sure this topic will be followed with hundreds of posts about why patents are evil, about how we're patenting too much, blah blah yeah. I agree. This, though? How the hell could a patent clerk look at this and stamp it? Did they even look at it? Do we have any recourse or any way to fire these morons? Why in the name of all that is holy did this GET patented?

    Patents are out of control... I'm just wondering if anyone has any input on how the hell they get by with this bullshit.

    1. Re:Idiots. by dmitrygr · · Score: 1

      how do they do it? Hello!??! This is America after all. Give the right people the right amount of money ,and you are all-powerful and above the law. Look: *AA, Tobacco companies, NRA, etc...

      --
      -------
      1. Enjoy your job
      2. Make lots of money
      3. Work within the law

      Choose any two.
    2. Re:Idiots. by Hugh+Manatee · · Score: 1

      The Hugh Manatee!

  25. patent application, not patent by ProfBooty · · Score: 1

    There is no reference to any actual patent number within that page. Rather a published patent application. No need to get up in a huff yet.

    US2006015812 is not a patent number, merely a publication number.

    --
    Bring back the old version of slashdot.
  26. Patented Graphics? by PacketScan · · Score: 1

    I though you could only copyright photos and images.
    If this Changed were and how did this change happen?
    Seceret courts?

  27. Yes!!! by Shadow+Wrought · · Score: 1

    Now when we finally revolt aginst the sappy emoticons we will have a target to attack;-)

    --
    If brevity is the soul of wit, then how does one explain Twitter?
  28. This makes me feel by MikeRT · · Score: 1

    >:(

    and I really want to :-P

    in the face of the lawyer who thought this up

  29. Cingular = Sleeze by Anonymous Coward · · Score: 0

    Worst customer service on the planet. Now this. Humph.

  30. Not a patent - an application only by ChartBoy · · Score: 5, Informative
    The "patent number" cited in the article is not a patent number. It is an application number (the US has recently started publishing applications in keeping with the rest of the world). This is the application.

    US utility patent numbers have sequential numbers and are currently in the 6 million range. Application numbers have a year (2006) and a serial number within the year (15812).

    1. Re:Not a patent - an application only by Anonymous Coward · · Score: 0
      Increased access to written communications on mobile devices has brought emoticons to the wireless world. Given the compact nature of the typical mobile device, however, inputting emoticons on a mobile device can be a cumbersome and time-consuming process. This problem is further exacerbated as the base of commonly used emoticons grows to include new emoticons, which are often built from increasingly long and complex strings of characters and symbols.


      So all they really want to do is patent a way to get around the uselessness of their stupid mockery of a keyboard?
    2. Re:Not a patent - an application only by Anonymous Coward · · Score: 1, Informative

      The parent makes a good point--this is just an application. Furthermore, if you read the first independent claim (claims are by far the most important part of a patent application) you'll discover that the applicant is not trying to patent the emoticon, but rather an "emoticon button" on a mobile device.

      Personally, I think this application has obviousness problems (though "obviousness" in patent law means something different from what it means in everyday conversation). But keep in mind that the claims that are allowed by the examiner are basically a subset of the initial application's claims. Therefore, it makes sense for applicants to "ask for the moon" and accept something less.

      Is the system broken? Quite probably. Does that mean that Slashdotters can make well-reasoned, informed judgements about patents or applications without reading the claims? Absolutely not.

      Read the claims!

  31. Crap by 3CRanch · · Score: 1

    What a bunch 'o crap. I'm not sure how long the text emotes have been around, but I know I personally have been using them for at least 16 years.

    The patent office should be ashamed!

  32. I thought Microsoft did this? by ViolentGreen · · Score: 1

    Didn't microsoft already do this? link

    Maybe the differences are SMS vs IM

    --
    Not everything is analogous to cars. Car analogies rarely work.
  33. Here's a link to the actual application by jsprat · · Score: 1
    From the Abstract of the actual application:

    A method and system for generating a displayable icon or emoticon form that indicates the mood or emotion of a user of the mobile station. A user of a device, such as a mobile phone, is provided with a dedicated key or shared dedicated key option that the user may select to insert an emoticon onto a display or other medium. The selection of the key or shared dedicated key may result in the insertion of the emoticon, or may also result in the display of a collection of emoticons that the user may then select from using, for example, a key mapping or navigation technique.


    It's not patented yet (it's a patent application) and they aren't attempting to patent emoticons (just a system to use them, which is just as silly IMO).

    Just thought I'd throw out some facts...
    1. Re:Here's a link to the actual application by xnderxnder · · Score: 1


      Facts are meaningless. You could use facts to prove anything that's even remotely true. Facts Shmacts.

      Odd.. I can usually resist quoting the Simspons..

      --
      hooked up funny
  34. As if I needed another reason to dispise Crapular? by MrPeavs · · Score: 1

    I am still bitter at Crapular for what they did to my beautiful AT&T Wireless network. I live in the Twin Cities and AT&T had the best service for the area. That all changed a year ago from last October when Crapular finally took over. I went from almost no dropped calls and great reception to many dropped calls and piss poor reception. I couldn't even get good reception in my apartment when before, I got full strength.

    All times I called them, many many times, I got the same answer. Nothing has changed, but we have heard these complaints. They offered nothing beyond that, not even we are working on that. Their customer service went down the pisser too, which they had the same response as they did to the service problems.

    From my dealings with Crapular, it doesn't surprise me that they are pulling something like this.

  35. this is an application, not a patent by ProfBooty · · Score: 1

    this is a patent application publication, not an actual patent, rather it is a published copy of a patent application.

    these things are great as they provide a much greater source of prior art than merely actual patents themselves.

    no need to get so relied up. it is not a patent, yet.

    US2006015812

    --
    Bring back the old version of slashdot.
  36. In other news... by drgonzo59 · · Score: 1

    Verizon, not to be outdone, patents the "Send" button

  37. Where's the patent? by portwojc · · Score: 1

    I searched for that patent number (US2006015812) at www.uspto.gov and found no results. So the number must be off. I dropped the US too.

    It's important to read the patent. So many people don't know how to read patents but still just go off on wild tagents.

    1. Re:Where's the patent? by hcg50a · · Score: 1

      It is 6,990,452.

      I am certain this is the patent referred to in the article. It was granted yesterday. It took the Patent Office 5 years to grant it!

      --
      HCG 50a = 2MASX J11170638+5455016
      11h17m06.4s +54d55m02s
    2. Re:Where's the patent? by markhb · · Score: 1

      Go to the USPTO homepage and search for "Published Applications" by publication number, dropping the "US" and just entering the 2006... number. They have separate search pages for Issued Patents and mere applications.

      --
      Save Maine's economy: write stuff down. All comments are exclusively my own, not my employer.
    3. Re:Where's the patent? by portwojc · · Score: 1

      Thanks! So it looks like they have a patent on making it easier to send an emoticon - far from actually patenting them...

    4. Re:Where's the patent? by hcg50a · · Score: 1

      Yeah. The title of the original article is a little hysterical. Of course, there is tons of prior art on what they patented. It is also obvious.

      If they're going to approve patents like this, why not do it in 5 minutes, rather than 5 years?

      --
      HCG 50a = 2MASX J11170638+5455016
      11h17m06.4s +54d55m02s
    5. Re:Where's the patent? by Anonymous Coward · · Score: 0

      The patent appears to cover a specific method for sending an animated emoticon. Probably quite a bit narrower than the original claims and probably valid or close enough that it won't be challenged. The only people who might care about this are the cellular service providers and they probably don't offer this feature or do it this way since they've had plenty of notice on the patent.

    6. Re:Where's the patent? by back_pages · · Score: 1
      I am certain this is the patent referred to in the article. It was granted yesterday. It took the Patent Office 5 years to grant it!

      That is false. That patent you linked is for application 10/003350. The application that is the subject of this story is 11/092511. These are completely different applications. They have completely different inventors.

      The application that is the subject of this story has not been patented. It has merely been published as required by the Patent Cooperation Treaty for all normal patent applications.

  38. Show me the patent!? by HDlife · · Score: 1

    OK, I'll bite. Where is this supposed patent? I'd like to RTFP, but US2006015812 is not a US patent number. A quick search of Cingular's patents doesn't come up with it either.

  39. Article not true? by Andy_R · · Score: 1

    The article references patent number US2006015812. The USPTO site says that number does not exist, and a search for the word "Emoticon" in patents gives 14 hits, none of them matching the story... and a few of them arguably providing prior art!

    --
    A pizza of radius z and thickness a has a volume of pi z z a
  40. Don't you mean... by neonzebra · · Score: 1
    My response? >:/
    Don't you mean: My response? >:/®
  41. Cingular... by Narcoden · · Score: 1

    ... can suck my (_)==D

  42. Wouldn't this generate negative publicity? by StressGuy · · Score: 1

    Instant messaging is pretty prolific these days so I would think that a pretty large cross-section of their demographic is aware of "emoticons". Wouldn't this kinda look like a money-grab? I can't imagine a positive reponse to something like this. Seems that it will inevitably be shot down as prior art anyways. Difficult to see what they expect to ultimately gain.

    --
    A goal is a dream with a deadline
  43. Oh, gee, I'm so sorry for confusion by michaeltoe · · Score: 1

    I didn't realize that my cappuccino machine violates patent laws only if it's placed next to a south-facing window. That view is mighty tasty!

  44. Saw my first emoticon... by rscrawford · · Score: 1

    I saw my first emoticon back in 1987 or 1988 on an informal BBS run by my University's library. I had no idea what the little :) meant until I happened to tilt my head.

    Doesn't this qualify as "prior art", or am I missing something important here?

    --
    -- The reason it's called the right wing? Irony.
    1. Re:Saw my first emoticon... by tater86 · · Score: 1

      Even if that was what claimed, would you be able to prove that you saw an emoticon in 1987 or 1988? In order to be prior art in the legal sense, you have to be able to prove that it was publically available at that date.

  45. Patent? by hunterx11 · · Score: 1

    Emoticons are over 25 years old. If they had been patented in the first place, the patent would have expired by now, anyway.

    --
    English is easier said than done.
    1. Re:Patent? by HoosierPeschke · · Score: 1

      Unless they use the RIAA's copyright ideology...

      --
      Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
  46. It'll end when you elect competent government by Colin+Smith · · Score: 1

    Who are there to represent YOU and not their campaign contributors.

    --
    Deleted
  47. Eh? by Anonymous Coward · · Score: 0

    Can't find "invention date" for this, but my Sony-Ericsson T616 phone has a way to pick an smiley to add to a text message - which inserts a face icon but sends ":-)". Sounds like exactly what they are applying for.

  48. Prior art by Bloater · · Score: 1

    MSN Messenger with a touchscreen would be prior art, and I *know* people have used MSN Messenger with a touchscreen - the problem is, I can't *prove* it so they'll have to stop doing it now.

  49. Little do they know.... by SnuffySmith · · Score: 1
    ... I have patented the use of an unpaired parenthesis.

    And let me tell you, it took my team of crack researchers (lawyers), months to come up with that one.

  50. Folks, This isn't a Patent by TheDoctor_MN · · Score: 3, Informative

    Okay, everyone take a deep breath. Though the original post says this is a patent, it is not. It is a patent application. Anyone can file whatever they want, and it will get published as a patent application in 18 months. ANYTHING. I could write something up for "kissing up to my boss" and it would get published. This application has yet to see an examiner, who will in all likelihood reject it pretty much as quickly as you all have based on a slew of prior art out there. Check back in two or so odd years to see if this issues or not. Link to the full text... http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=P TO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2F srchnum.html&r=1&f=G&l=50&s1=%2220060015812%22.PGN R.&OS=DN/20060015812&RS=DN/20060015812

    1. Re:Folks, This isn't a Patent by Anonymous Coward · · Score: 0

      I just checked PAIR at http://portal.uspto.gov/external/portal/pair, which gives the status/history of the patent examination process. This application has a long way to go....it has only recently been assigned to an examiner:

      Date Contents Description
      08-20-2005 IFW TSS Processing by Tech Center Complete
      08-20-2005 Case Docketed to Examiner in GAU
      07-13-2005 Application Dispatched from OIPE
      07-13-2005 Application Is Now Complete
      06-27-2005 Additional Application Filing Fees
      06-27-2005 Applicant has submitted new drawings to correct Corrected Papers problems
      04-26-2005 Corrected Paper
      04-14-2005 Cleared by OIPE CSR
      04-09-2005 IFW Scan & PACR Auto Security Review
      03-28-2005 Initial Exam Team nn

  51. Lucrative Patent by PcolaLinuxDragon · · Score: 1

    Can I patent the use of a prehensile didget for the purpose of activating a switching device? Could be useful for anything from lightswitches to keyboards to mice! Or......on second thought, how about Patenting the use of an LED for the purpose of annoying the user ?

    1. Re:Lucrative Patent by MightyMartian · · Score: 1

      I want to patent the withdrawal into a fist of three fingers and a thumb, leaving the middle one erect.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  52. First Use by jmkaza · · Score: 4, Informative

    19-Sep-82 11:44 Scott E Fahlman :-)
    From: Scott E Fahlman

    I propose that the following character sequence for joke markers: :-)

    Read it sideways. Actually, it is probably more economical to mark
    things that are NOT jokes, given current trends. For this, use :-(

  53. :( how can :( they do :( this :/? by digitaldc · · Score: 1

    My response? >:/
    :( :( :(
    :( :>(

    Just had :( to get that out :( (without upsetting the lameness filter) while I still could. :(

    --
    He who knows best knows how little he knows. - Thomas Jefferson
  54. UseNet, FIDONet by bwcbwc · · Score: 2, Informative

    Both pre-date the WWW, which pre-dates text messaging over the phone. In fact, technically, dial-up IS text messaging over the phone. Anyone who used an ANSI art drawing tool or a macro key on their terminal emulator back in the 1200 bps modem days could define macros to generate emoticons. So the only possible basis for this that I can see is the fact that it's over the phone or if they substitute special characters for the emoticon text (i.e., an actual happy face for :) ).

    Every single previous platform for text messages has developed the capability for emoticons, and the special characters have already been done by various IM services like Yahoo, MSN, and PHPBB. Also, the mechanism for implementing this feature is the same across all platforms: byte substitution. The technique is platform independent, and therefore the platform can't be used as a basis for non-obvious part.

    --
    We are the 198 proof..
  55. Nice try... by Nikker · · Score: 1

    They were a little too specific I think, look at this.

    system for selecting a displayable icon to indicate the mood or emotion of the user

    For this patent to work can they prove this was actually *your* mood/emotion? If so and the mood you conveyed != actual mood then would it be a part of the patent? Or consider this SMS "are you :'( ?" If that was not my emotion then is it ok?

    By patenting a description of the senders emotions and actually centering out that only the senders emotions/moods will be described using this method then there are quite a few "work arounds". Come up with CingIcons which display moods opposing the ones you are discribing and have fun. Or dont describe your emotions but describe how the person you are talking to would feel in this situation.

    In short this is just plain stupid. For a company this large to try something this pathetic their R&D must be at real low. I think they are forgetting the most complex device of them all ....

    us

    --
    A loop, by its nature, continues. If that didn't make sense, start reading this sentence again.
  56. Simple answer to stupid patents by Anonymous Coward · · Score: 0

    Ignore them.

    Sue me for violating your unjust and stupid patents, I'll just laugh at you and continue violating them. Send me to court, I'll ignore you, then to jail, I'll continue to ignore you. Enough people do this, we'll get the attention of the masses and something will be done.

    Civil disobedience. The last hope in a dying country full of people wanting to destroy our way of life so they can get more money.

    1. Re:Simple answer to stupid patents by Anonymous Coward · · Score: 0

      Personally, I'm hoping they get the patent and pursue it. It means I nver have to see a stupid emoticon again.

  57. Unfortunately we all can by g0bshiTe · · Score: 1
    fight any suit arising from this citing "prior art" which I think should make the patent null.
    35 U.S.C. 103 Conditions for patentability; non-obvious subject matter (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
    USPTO
    --
    I am Bennett Haselton! I am Bennett Haselton!
  58. Patent review is a lawyers' revenge by crovira · · Score: 1

    They would have got a 'F' on hydrodynamics or something and Math was utterly beyond them so they get their revenge by screwing with a history of incremental improvements (you're gonna get sued,) or revolutionary ideas (Okay, there aren't any revolutionary ideas... Really.)

    You end up 'needing' layers of lawyers to cushion you from the blows of other lawyers.

    Shakespeare had it right: "First thing we do," says one of the followers of the rebel Jack Cade in Henry VI, Part II, "is kill all the lawyers."

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  59. Not a Patent by thebdj · · Score: 1

    The wonderful patent they show is not a patent, but a Published Application. How do I know this? The number starts 2006. This means it is a Pre-Grant Publication (PGPUB) that was published in 2006. If it were a Patent it would have a number in sequential order with other patents, which would make it something along the lines of the high 6 millions or low 7 millions for a number (assuming recent approval).

    So stop the panicking, stop the whining, and check the facts of articles and summaries on slashdot before blindly crying foul.

    --
    "Some days you just can't get rid of a bomb."
    1. Re:Not a Patent by Anonymous Coward · · Score: 0

      Oh, and while you're all here, be sure to click on the advertisements and buy something!!

  60. Correct application number and link by HDlife · · Score: 5, Informative
    The APPLICATION NUMBER is 20060015812

    This just published and is years from becoming a patent. This is just a laundry list of claims that they want, not that they will get.

    You can see it here: http://appft1.uspto.gov/netahtml/PTO/srchnum.html/

    1. Re:Correct application number and link by IainMH · · Score: 1

      I think the point is that it wastes resource. Companies should be fined for trying this on. Sometime they might slip something through when no-one is looking. It's sneaky.

    2. Re:Correct application number and link by hkgroove · · Score: 1

      This just published and is years from becoming a patent.

      Exactly. Not to spoil everyone, but this is what's commonly known as the "???" before Profit.

    3. Re:Correct application number and link by tater86 · · Score: 1
      The APPLICATION NUMBER is 20060015812

      Actually, no. The application number is 11/092,511.

  61. Ridiculous patent... by Anonymous Coward · · Score: 0

    Patent this... t(o_O)t

  62. The Article Is Simply Wrong by XLawyer · · Score: 2, Interesting

    Cingular has not received any patent such as the article describes. The number that appears in the article, US2006015812, is actually a publication number for a U.S. patent application. The application itself can be found on the U.S. Patent & Trademark Office's web site.

    Not only is this only an application for a patent, and not only has this application not yet been granted, but the PTO hasn't even examined it yet. (You can look up the status of the application yourself using PAIR.)

    Cingular is not going to wind up with a patent that will stop you from using smileys in you text messages. In fact, on a quick read, the claims and specification appear to discuss ways to make it easier to insert emoticons in your text, not the mere use of emoticons. And the patent examiners, despite what you may have heard, are pretty tough about claims like this, too.

    In short, it looks like the writer of the article dropped the ball here, not the U.S. Patent Office.

    1. Re:The Article Is Simply Wrong by g0sub · · Score: 1
      And the patent examiners, despite what you may have heard, are pretty tough about claims like this, too.

      I can agree with you that the biggest problem is not the examiners, it's their guidlines. However, the PTO is crying out for more funds, so that they can do a better job at examining applications. Well hello, maybe you wouldn't get so many freaking applications if you didn't read them while loosly holding a stamp saying "granted".
    2. Re:The Article Is Simply Wrong by nmos · · Score: 1

      Well hello, maybe you wouldn't get so many freaking applications if you didn't read them while loosly holding a stamp saying "granted".

      Sounds a lot like a technological method of displaying the approval or disaproval of the patent office to certain text presented to it. In other words "prior art" :)

  63. Patent text by Sooner+Boomer · · Score: 1
    The patent number in the article is incorrect. The correct number is 20060015812. The abstract is as follows -


    "A method and system for generating a displayable icon or emoticon form that indicates the mood or emotion of a user of the mobile station. A user of a device, such as a mobile phone, is provided with a dedicated key or shared dedicated key option that the user may select to insert an emoticon onto a display or other medium. The selection of the key or shared dedicated key may result in the insertion of the emoticon, or may also result in the display of a collection of emoticons that the user may then select from using, for example, a key mapping or navigation technique."


    DISGUSTING

    --
    Chaos maximizes locally around me.
    1. Re:Patent text by back_pages · · Score: 1
      The patent number in the article is incorrect. The correct number is 20060015812. The abstract is as follows - DISGUSTING

      Hey genius - IT IS NOT A PATENT.

  64. American Innovation Takes Another Hit by jjleard · · Score: 1

    Your bullying skill has improved (+1)!
    Your empathy skill has decreased (-25)!

    While this is just an application I'd wager 7:3 that it will be approved. After all, is it not the government's job to ensure that large businesses have every tool at their disposal to squash any would-be start up?

    Remind me again why innovation in the US is 5 years behind Japan, Denmark, Norway, et al? Oh, right. Nevermind.

  65. boo by the-amazing-blob · · Score: 1

    Has anyone patented "the use of parts of a word to represent the whole word in electronic communication" yet? This is getting ridiculous.

    :(

  66. US Patent sux! by Anonymous Coward · · Score: 0

    The US Patent system is totally stupid. Needs a revision fast!

  67. Title wrong, RTA by rnelsonee · · Score: 2, Informative
    First off, you can't get a patent on ":)". A trademark, yes, but not a patent.

    The patent referenced is for the process of sending the emoticon. More specifically, there would be a way insert the way someone is feeling via a special button, or some other method other than saying "I'm feeling happy". Typing in ":)" doesn't even fall into this patent since that's just typing in characters. But if T-Mobile came out with phones that had smiley-faced buttons that inserted a smiley face while typing an SMS, then that could violate this patent.

    1. Re:Title wrong, RTA by nmos · · Score: 1

      So they've patented "using one button to represent having pressed two or more buttons". Wouldn't the use of icons be prior art? How about the "Caps Lock" key?

    2. Re:Title wrong, RTA by rnelsonee · · Score: 1
      Well, no, it doesn't seem to be that genearal. They've patented a method for quickly identifying the user's mood for portable devices. Remember, the title of this submission is just plain wrong. They didn't patent the idea of pressing a key and coming up with ":)". They've patented the idea of pressing a key and coming up with a smiley face (or any other representation of someone's mood).

      It's still a dumb patent, and there might be prior art somewhere. I think the fact that it's a) for a quick method (one-button or something very similar) and b) for mobile devices (ruling out all PC software except for WinCE or PalmOS), they might not be any prior art.

  68. _Relevant_ Prior Art by BarryNorton · · Score: 1

    Even as specific as this wording is, Nokia have been doing that for years. If I hold down asterix on my phone during 'create text message' mode (to get to the symbols menu), then press it again, I get a menu of smileys...

    1. Re:_Relevant_ Prior Art by Anonymous Coward · · Score: 0

      I tried holding down asterix on my phone and obelix came along and beat me like a redheaded roman stepchild.

  69. Actual patent number = 6,990,452 by hcg50a · · Score: 4, Informative

    TFA had a bogus number.

    Check the actual patent out.

    --
    HCG 50a = 2MASX J11170638+5455016
    11h17m06.4s +54d55m02s
  70. W/E by meggito · · Score: 1

    The US Patent System is a joke. There really isn't anything more to it than that. We patent everything then insist other countries respect our patents. Then when they dont we take away their allowance.

  71. headline/summary is WRONG WRONG WRONG by amliebsch · · Score: 5, Informative
    How the hell could a patent clerk look at this and stamp it?
    It hasn't been stamped. It is just an application.

    Did they even look at it?
    They are looking at it.

    Do we have any recourse or any way to fire these morons?
    They haven't done anything.

    Why in the name of all that is holy did this GET patented?
    It isn't patented.

    Patents are out of control... I'm just wondering if anyone has any input on how the hell they get by with this bullshit.

    This headline, summary, and post represent the very worst of slashdot. A blatantly wrong headline and summary are posted that just coincidentally happen to inflame the commenters, who immediately posture and condemn without knowing any more about the subject than the misleading headline. A correction, if it is ever made, is already off the front page, and all these geeks who sincerely believe themselves to be rational and intellectually superior go off believing a complete falsehood, because it validates their beliefs.

    --
    If you don't know where you are going, you will wind up somewhere else.
    1. Re:headline/summary is WRONG WRONG WRONG by Khaed · · Score: 1

      Ah. Thanks for clearing that up.

      and people pay for /.?

  72. Wasn't the first one done in 1979? by Palal · · Score: 1
    --
    -Palal
  73. Obligatory Simpsons ref by FusionDragon2099 · · Score: 2, Funny

    There is no emoticon for what I'm feeling!

  74. Sometimes... by tkrotchko · · Score: 2, Interesting

    "they are patenting is the process of using a smiley on the phone/sending it."

    Actually, now that I think of it, your interpretation makes the patent seem worse.

    Here's why...

        If they got a patent on emoticons, you could justify it by saying "The patent examiner never heard of emoticons, ah ha!"

    Instead, this indicates they knew about emoticons and felt that sending an emoticon was sufficiently unique that it deserved patent protection. In otherwords, the examiner was so stupid that they thought that emoticons had been invented, but never sent to anyone before. What were they thinking? Emoticons were first used on BBS's over the phone, but never sent? Huh?

    Do you see?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  75. Not more? by JamesTRexx · · Score: 1

    I thought this would be a great opportunity to see a lot of creative emoticons in the comments ^.^, but I am disappointed. -.-

    --
    home
  76. What's next? by rubberbando · · Score: 1

    Acronyms? L33t speak?

    I'm sure if they tried it most people would just LOL or say WTFE!

    --
    DEAD DEAD DEAD DELETE ME
  77. Patent Application not Patent by Jimb0v · · Score: 1

    This is not a patent, it is a published patent application. Applications in the U.S. are published 18 months after they are filed. The patent application has not even been examined yet. Feel free to look up the application in the Patent Application Information Retrieval system http://portal.uspto.gov/external/portal/pair bleat .

  78. Sony Ericsson Prior Art by Anonymous Coward · · Score: 0

    For Prior Art, how about the "Add symbol" option while sending an SMS on the Sony Ericsson phones? There are 5 smiley graphical emoticons to pick from on my T616, which get translated into :-) style text for compatiblity with other phones.

  79. /. is surely an emoticon. by thorpie · · Score: 1

    so we'd all better find another website or start paying the piper.

    --
    The memories of a man in his old age are the deeds of a man in his prime - Floyd, Pink
  80. Hey Cingular! Emote this! by paiute · · Score: 1

    ,,!,

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  81. Emoticon for what I'm feeling by HangingChad · · Score: 1
    What's the emoticon for extending someone the middle finger? Otherwise knows as the Hawaiian Good Luck Gesture.

    How are we ever going to be able to agree on the meaning without an emoticon standard?

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  82. ":) copyrighted! :( " by zenst · · Score: 1

    : ) ----see how the extra space makes it even more happier and avoids the copyrighted sequence.

          Though the amount of patents on what are common sence, mainly prior art is very distastful and realy needs to be addressed before we all adapt a sue(shoot) first, ask questions later approach :(.

    For those veiwing this post in Australia were the patent may not apply, all I can say is (:.

  83. Patent THIS Emoticon, Cingular... by Khyber · · Score: 1

    ^(O.o)^

    You heard right, Cingular. I just dropped your service! I hope you enjoy that loss of profit.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    1. Re:Patent THIS Emoticon, Cingular... by Khyber · · Score: 1

      AHH!!! Slashdot's code stripped out the characters I put in from the character map!!!!!! It was supposed to be two middle fingers!

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  84. lol really bad editing and they are patenting by majortom1981 · · Score: 1

    You guys know that the patent is actually for having a key on a cell phone that is just for emoticons right?

    This article should be taken down because its completely wrong.

  85. not in USPTO database by Anonymous Coward · · Score: 0

    I couldn't find this in the database. Is this real?

  86. I wil lsay it again this is a bogus story by majortom1981 · · Score: 1

    They are actually patenting a set key that is only for emoticons on the cell phone. not the emoticons yourself. I hate when people post stories here that are complete lies. Did they even read the patent? THe accompanying images even show that they are patenting a set button. Ughhh

  87. .|.. That! by GeekBird · · Score: 1

    ASCII art, including emoticons, is prior art, regardless of the medium, IMO.
    _n_
    ( | )

    --
    use Sig::Witty;
    1. Re:.|.. That! by majortom1981 · · Score: 1

      BUt they are not petenting the emoticons. they are patenting a set key on the phone that brings up a menu for u to select them.

    2. Re: .|.. That! by GeekBird · · Score: 1

      Patenting a button is just as silly. Hardware or software, those have been around a while too.

      --
      use Sig::Witty;
  88. Cingular's response? by ro_coyote · · Score: 1

    My response? >:/

    Cingular's response: <^> ^__^ <^>
     

  89. Patent office lists prior art too by goombah99 · · Score: 4, Informative
    [sour grapes] Rejected slashdot submission: [/sour grapes]

    An hot news story that makes the outrageous inducing claim that Cingular has just patented the Emoticon appears to be untrue, since the US Patent office shows no such listing for the claimed Cingular patent. But that's not to say it's not outrageous :-0 since in fact AT&T, some guy in kirkland WA, and a dozen others have patented the emoticon or aspects of it. Perhaps most galling is that the patents actually use the word "emoticon" to describe what they are patenting. They of course don't actually patent the emoticon itself but the act of entering an emoticon into multi-media, sort of like patenting the one-click patent versus patenting, say, commerce. Is this one of the whackiest patents ever :-p

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Patent office lists prior art too by Randolpho · · Score: 1, Offtopic

      Perhaps you should have just copied and pasted the entire article like the author who got his story posted did. :|

      I mean, it's not like CmdrTaco has formatting suggestions or anything.

      Oh, wait...

      --
      "Times have not become more violent. They have just become more televised."
      -Marilyn Manson
    2. Re:Patent office lists prior art too by laffer1 · · Score: 1

      Cingular is SBC which is AT&T now after the merger.

  90. my response by josepha48 · · Score: 1
    -|

    guess...

    --

    Only 'flamers' flame!
    Does slashdot hate my posts?

  91. End run to monopolize sms? by Anonymous Coward · · Score: 0

    It's good they only specified mobile devices otherwise every IM app with an emoticon dropdown list would have to remove the button. The patent application doesn't say if it applies only to physical buttons or those softcoded into a touch screen.

    If it will apply to (programmed) touch-screen buttons then they could extend the patent to cover anything typed, since your typed characters indicate a message or emotion. For that matter, any dropdown list may qualify. Emoticons are made up of several characters, aren't they?

    Maybe the real goal isn't just emoticons?

  92. dont patents need some thing "new"? by demmer · · Score: 0

    i just recently had a class about law and stuff.. and it was said there that for something to be patended, it needs to be "not comprised out of things already state of technology"... so just talking technology floating around and putting it together is not a new invention worthy of patent protection.

    so why do all these software related patends ignore that?
    like scrollbars or progressbars.. they have been there since forever. they are common technology and not "new".

    as with emoticons:
    they are based on the 70ties smiley, and just represent a way of "drawing" smileys with ascii charachters. drawing with ascii characters is also a pretty old "technology". result: not new.

    if cingular's patent is all about the "replace image with ascii smiley to be transmitted in an sms, and then converted back"... well that has also been in icq & co for ages and not "new".

    wtf???

  93. Actual patent application number = 20060015812 by hcg50a · · Score: 1

    Nope, this is wrong.

    It's only a patent application, not an actual patent.

    See this comment.

    --
    HCG 50a = 2MASX J11170638+5455016
    11h17m06.4s +54d55m02s
  94. Lock... by MoebiusPT · · Score: 1

    Lock S-foils in the attack position >o

    1. Re:Lock... by utexaspunk · · Score: 1

      I'm sure that's a reference to Star Wars or Star Trek or something, that apparently I'm not nerdy enough to get. Oh well... Anyway- the intent was to reference the movie Me and You and Everyone We Know. Go see it. It's good.

  95. Screw that . . . by happyemoticon · · Score: 1

    . . . look at my handle! I think I've been using this for about six or seven years.

  96. Cingular can suck my dick by theolein · · Score: 1

    I am singularly unimpressed by Cingular's pathetic attempt to make cash off others' ideas and the internet's prior art will get shoved up Cingular's arse.

  97. who needs a key to do :) anyways!?!?!? by ChrisGilliard · · Score: 1

    Well, I don't like patent abuse which this clearly seems to be, but I've always hated when they make a button to do smiley faces anyways. How hard is it to type :)? MSN and Yahoo have these 'emotions' to make many different faces, but it's just pointless to me. I like making my own :/.

    --
    No Sigs!
  98. check this by Anonymous Coward · · Score: 0
    Breaking news......I Anonymous Coward, have just aquired the patent of patent filing....so to all those who want to file patents u might break the law....

    i already have the missionary style patent in europe so u cant use that on ur next vacation

  99. Re:Actual patent number = 6,990,452 by Pembers · · Score: 1

    That is not the patent application that TFA is talking about. Patent number 6,990,452 has the following people listed as inventors and is assigned to AT&T:

    Ostermann; Joern (Morganville, NJ); Civanlar; Mehmet Reha (Middletown, NJ); Cosatto; Eric (Highlands, NJ); Graf; Hans Peter (Lincroft, NJ); LeCun; Yann Andre (Lincroft, NJ)

    Whereas patent application number 20060015812 has only two inventors and is (or will be) assigned to Cingular Wireless:

    Cunningham; Ivy; (Seattle, WA) ; White; Christopher; (Redmond, WA)

    Both of them are concerned with emoticons, but that's as far as the similarity goes. The '452 patent is about using them as hints in a text-to-speech system that has an animated face reading your messages to you, so that the computer can make the face smile or frown or whatever at the appropriate point. The '812 application is about a menu system for inserting emoticons into messages.

  100. My Response ... by ntrfug · · Score: 1

    How about .|.. ?

  101. Fixed link, claims info: this article is FALSE! by HDlife · · Score: 1
    Sorry, too many slashes in the link in my previous post. Here is the direct link to the patent: USPTO link

    Applications publish 18 months after their submission date. Likely, nobody has even looked at this yet.

    Now read the claims in the patent. Everything else is just informative (mainly).

    To save you the trouble, here are the only independent claims. All the others just narrow them down. When you read them, they are nothing exciting. They are just trying to patent the method that their phones use for customers to insert multimedia emoticons by choosing them from a list using some specific button pushes. Since the patent was only filed in 1994, these guys might still be out of luck trying to get this patent.

    Note that these claims are long, but all of the items are "and'ed" together, making them very narrow. Basically, they probably paid some designers a lot of money to design something that they think is really great and a signature of how they want their service to work. With the patent, they can tell their vendors to build phones and software to work that way, without risking having a competing network just telling their vendors to copy that method.

    As someone else mentioned, if this provides a barrier to people sending animated emoticons in their mobile IMs, all the better.

    CLAIM 1

    A method of customizing a multi-media message with emoticons, the multi-media message being created by a sender for a recipient wherein the multi-media message comprises an animated entity audibly delivering a text message, the method comprising: storing emoticons related to actions associated with the animated entity; providing to a sender at least one button option for choosing emoticons to insert into the text message at a location of a cursor; and upon the sender choosing an emoticon using one of the at least one button options, inserting an emoticon into the text message at the location of the cursor, wherein when the animated entity delivers the text message, the animated entity exhibits the actions associated with the inserted emoticons beginning at a point corresponding to a first predetermined number of words before a respective one of the emoticons and ending at a second point corresponding to a second predetermined number of words after the respective one of the emoticons, wherein the first predetermined number of words and the second predetermined number of words are associated with respective word lengths of words before and after a position of the respective one of the emoticons within the text message.

    9. A method of customizing a multi-media message by choosing emoticons from a group of stored emoticons, the multi-media message being created by a sender where text typed by the sender is presented to a recipient using an animated entity in the multi-media message, the method comprising: providing to the sender at least one button option, each button option of the at least one button option associated with an emoticon is associated with an emotion displayed by the animated entity during delivery of the multi-media message; and upon the sender choosing an emoticon using one of the at least one button options, inserting the emoticon into the text typed by the sender, wherein as the multi-media message is delivered to the recipient, the animated entity displays the associated emotion beginning at a point corresponding to a first predetermined number of words before the emoticon and ending at a second point corresponding to a second predetermined number of words after the emoticon, wherein the first predetermined number of words and the second predetermined number of words are associated with respective word lengths of words before and after a position of the emoticon within the text message.

    16. A method of pr

    1. Re:Fixed link, claims info: this article is FALSE! by HDlife · · Score: 1
      Darn, I am spreading misinformation because I followed someone else's link.

      What I posted above is the old ATT patent on this, filed in 2001 and just granted. Very narrow anyway.

      The one referenced in the article is application #20060015812 which is even narrower!

      link

      This new one is just for:

      At a mobile device, a method for generating a displayable icon that indicates the mood or emotion of a user of the mobile station, the method comprising: providing an emoticon key that is to be selected by a user of the mobile station in generating the displayable icon, wherein the emoticon key is provided on a physical keypad of the mobile device, and wherein the emoticon key is labeled with a known emoticon; in response to the emoticon key being selected, displaying a collection of graphical displayable icons that the user may select from, wherein at least some of the graphical displayable icons from the collection of graphical displayable icons indicates a mood or emotion; and in response to a selection of one of the graphical displayable icons from the collection of graphical displayable icons, generating the one of the displayable icons for display on a display component of the mobile station, wherein the selection of the one of the graphical displayable icons is made using one or more navigation keys and selection keys on the physical keypad, and wherein the one of the graphical displayable icons is displayed in association with a textual message to be sent by the user using the mobile station.

      Who cares, it is sooo narrow. The rest of the claims are for the method, device, and apparatus to do this thing. Not very exciting. They want to put emoticon buttons on their phone. :-O (Yawn)

    2. Re:Fixed link, claims info: this article is FALSE! by ak_hepcat · · Score: 1

      So, i guess gaim running on a treo doesn't count, because, you know, i can't select my emoticons from a popup list..

      Oh wait, damn. I can.

      --
      Support FSF: Stop thinking with your wallet, and think with your imagination. (cc/non-commercial)
  102. First on the chopping block? MS-DOS! by Anonymous Coward · · Score: 0

    C:\

  103. Only one thing to say... by Coco+Lopez · · Score: 1

    I've got only one thing to say about that: 8==D O:

  104. Sorry .. has to be done. by MrShaggy · · Score: 1

    In Soviet Russia, the emoticon patents you.

    --
    I have mod points and I am not afraid to use them.
  105. Zonk - WRONG WRONG WRONG by PhreakOfTime · · Score: 1

    Every Time! Every Time!!!!

    When I sign on anonymous from another location that doesnt have my login cookies cached, and hence my 'blocked editors', I see yet another 'article' from Zonk.

    The problem is not slashdot, the problem is ZONK! I suggest to anyone to use the archives of slashdot and look over the 'articles' that this editor has published on the front page. His sole joy in life is posting the most outrageous falsehoods, or flat out editorialized biased article. What is suprising this time is that so many people actually commented on it, as it began to seem as if less and less people were paying this asshat any attention.

    Either this guy is way to into the concept of treating people like puppets, or he really is that ignorant. Those are the only two options to the thought process displayed by what stories he normally posts. I just wonder how long its gonna take before someone looks over the ad revenues on slashdot and sees the 20% decline in page views, and connects it with this editor.

    It was this single editor that made me learn about the 'display editor' options in my slashdot homepage. You have NO IDEA how much better slashdot is with just that SINGLE editors stories blocked. I just stopped coming here before I saw that option, it wasnt even funny watching the things he posts, it was just pathetic.

  106. i was just awarded a patent for waste removal by capsteve · · Score: 1

    by moving organic waste material from the cloaca to a water filled waste evacuation unit via a group of circularly organized muscles! now anyone who decides to take a shit on the toilet will need to get a right of use license from me. MWHAHAHAHA!

    --
    three can keep a secret, if two are dead - benjamin franklin
  107. Mod up hilarious by Anonymous Coward · · Score: 0

    Nearly fell out of my chair.

  108. Not even close by mikeborella · · Score: 1

    This is a patent application, not an issued patent.

    The application traces back to 2004, well after emoticons were in use. So there's a bit of prior art.

    The application claims methods of providing / using emoticons on wireless devices. If it gets issued, the claims may be narrowed by the PTO.

    Not much to see here...move along...

    --
    Mike Borella http://www.borella.net/mike
  109. Good. by n.e.watson · · Score: 1

    Maybe it'll get people to stop using those damn emoticons. If they could secure a patent purely on graphical ones, that'd be even better.

  110. Grammar nazi by ozbird · · Score: 0, Offtopic

    [sour grapes] Rejected slashdot submission: [/sour grapes]

    An hot news story ...


    "A hot news story".

    If you pronounce the "h", use "a": "a horse", "a hospital", "a hotel".
    If you don't pronounce the "h" - i.e. you pronounce the vowel - use "an": "an honour", "an hour".
    You would only say "an hot" if you pronounce it Cockney style: "An 'ot news mornin' glory."

  111. It's submissions like these... by bootressp · · Score: 1

    That justify reading the comments, or the article, before posting. It takes five minutes to determine the truth behind the submission, just read something relevant so I don't spend an hour sorting through the same "END OF THE WORLD" or "NOT END OF THE WORLD" posts.

    --
    "If dying were anything special, they wouldn't let everyone do it."
  112. Text to speech by joelito_pr · · Score: 0

    I'm not a lawyer, but if I read the application correctly, it mentions some form of interpreting the emoticon as a voice message.

    Maybe that's the only actual invention related to the emoticon they can get through(i.e Usefull for blind people if that's the case)

  113. Patent states an Emoticon key not emoticons. by Pzychotix · · Score: 1

    You guys should go read the patent application itself. It states a method for generating an emoticon through the use of an emoticon key, a physical key provided for on the phone. It's not something people should worry about on their current phones. It's more of a gimmick I think, that they'll try to sell to cellphone makers. It's not that hot of a story if you think about it.

  114. Mad Magazine invented the emoticon by drang · · Score: 1

    Back in the 70s (I'm unusually old for a Slashdot reader) I had a paperback book from Mad that was filled with what they called "typetoons." These were cartoons made with typewriter characters, very much like the simpler forms of ASCII art. I haven't read the patent application (very much in the Slashdot mainstream there), but I think Alfred E. Newman can claim priority.

  115. To: Cingular by Anonymous Coward · · Score: 0

    From: Joe Sixpack

    Since you're now the "man" with that shiny new patent, what's the emoticon for F_CK YOU?

    Sincerely,
    Joe

    1. Re:To: Cingular by Anonymous Coward · · Score: 0

      I agree.

      And WTF is the Patent Office allowing such frivilous patents to be awarded? What's next... someone patenting the word F*CK? Imagine that.

      Utterly and simply laughable.

      And anyone who's been using computers for several years knows well that so-called "emoticons" have been in use in the open world for a very long time - on BBS's etc. I have chat logs from the late 1980's that have use of these.

      In that scenario, where there is a clear open and free use of such an item, what is the law or precedent about someone taking a public idea and patenting it? That's outragous.

  116. Re:headline/summary is RIGHT, RIGHT, RIGHT on! :-) by Anonymous Coward · · Score: 0

    I think it is extremely appropriate...it brings to the attention of the slashdot community the absurdity and utter stupidity of the US patent system. The APPLICATION should not have even seen the light of day, let alone going any further with it.

  117. Classically Speaking... by joshjoneswas · · Score: 0



    \m/ >_< \m/ Capitalism Rocks!

  118. Prior art in my pants by Ogemaniac · · Score: 1

    Hell, my cell-phone has all sorts of happy little emoticons right now! Of course, I live in Japan.

  119. Mass Mod *WAY* down :-( by Zero__Kelvin · · Score: 1



    "so presumably sending :) via an SMS - if selected via a dedicated or softkey , would be a breach of the patent in future. - Emphasis added.

    I have Moderator privs right now, and at first I was going to Mod a few posts down, but then I saw that I would need to Mod down about 90% of the posts, so I didn't bother. I am posting this instead.

    People, if you aren't going to RTFA, and you are going to rely on the blurb on the Slashdot front page to be accurate, you may as well just make up your own facts and believe them. I know it is a common thing here on Slashdot, but this article drives home the need to RTFA. If you aren't going to do that, why even bother reading the Slashdot blurbs at all? (rhetorical)

    --
    Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
  120. Brains Patented by Tablizer · · Score: 1

    Somebody patented brains and the Patent Office didn't want to pay royalties for its workers.

  121. Prior art by the_arrow · · Score: 1

    The application seems to describe something that I have done on my Sony Ericsson phone for five years: When writing a SMS message, I can press a button to get up a menu of symbols, including some "smilies" or "emoticons".

    Nothing new there.

    --
    / The Arrow
    "How lovely you are. So lovely in my straightjacket..." - Nny
  122. Hmm, that's funny.... by jaymz168 · · Score: 1

    Because when I create a text message on my LG/Verizon phone, which I've had for two years, I get options to enter text, numbers, or I have the option to use any of 40, yes 40 different smilies, all pre-created and accessible from their own menu. This has got to be one of the most retarded patent requests I have ever heard of. I'm sure some of you slashdotters can come up with something better, but this is it for me.

  123. Re:Actual patent number = 6,990,452 by JakartaDean · · Score: 1
    Now that's interesting (and renders every other post on this topic moot). I don't understand exactly what they're patenting, but it isn't (only) the one-button emoticon thing. The core of the patent seems to be:
    ...wherein the multi-media message comprises an animated entity audibly delivering a text message...
    I don't know how cell phones look in the states, but an animated face reading your text message out loud is not what I am used to. Isn't that what is implied in the patent (not application)?
    --
    The subject who is truly loyal to the Chief Magistrate will neither advise nor submit to arbitrary measures (Junius)