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IBM's But-I-Only-Got-The-Soup Patent

theodp writes "In an Onion-worthy move, the USPTO has decided that IBM inventors deserve a patent for splitting a restaurant bill. Ending an 8+ year battle with the USPTO, self-anointed patent system savior IBM got a less-than-impressed USPTO Examiner's final rejection overruled in June and snagged US Patent No. 7,457,767 Tuesday for its Pay at the Table System. From the patent: 'Though US Pat. No. 5,933,812 to Meyer, et al. discussed previously provides for an entire table of patrons to pay the total bill using a credit card, including the gratuity, it does not provide an ability for the check to be split among the various patrons, and for those individual patrons to then pay their desired portion of the bill. This deficiency is addressed by the present invention.'"

267 comments

  1. Go to restaurant by Colourspace · · Score: 5, Funny

    1. Eat food.. 2. Split bill.. 3. ??? 4. IBM Profits!!!

    1. Re:Go to restaurant by Archimagus · · Score: 5, Insightful

      This patent seems legit to me. It is not a process patent on splitting the bill. It is a patent for a device at the patrons table where they could enter there credit card and choose how much they wish to pay. I am sure there is a patent for all those self checkout lines at every grocery store chain. This is the same thing except for restaurants and it allows multiple credit cards to be used toward paying the same bill.

    2. Re:Go to restaurant by squizzar · · Score: 1, Insightful

      It's a patent on a calculator. The machine adds the values that are taken from each card, rather than the waiter. How is it not bleeding obvious.

      Some things should be a given when using electronics. Basic mathematical operations such as adding and taking away (no matter how big/small/accurate/fast the calculation) should not be enough to make a patent unique.

    3. Re:Go to restaurant by StewBaby2005 · · Score: 1

      I worked on budget allocation system 25 year ago that did exactly this. Funds were allocate at a certain level and a percentage thereoff and further percentages thereoff allocated down the line until there was no money left....

    4. Re:Go to restaurant by Arthur+Grumbine · · Score: 0, Offtopic

      1. Eat food.. 2. Split bill.. 3. ??? 4. IBM Profits!!!

      This idea was invented by Shampoo. I expect IBM will be hearing from Shampoo's lawyers (aka squirrels) soon...

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    5. Re:Go to restaurant by Anonymous Coward · · Score: 0

      Anyone else smell the next bubble / crash? Quick ... everyone follow IBM and buy Intellectual Property that doesn't even make sense to own so you can sue people later when they do something similar. Way to go IBM ... you "invented" paying a bill with a credit card. Congratulations. The boys at the think-tank, no doubt, worked over time on that one.

    6. Re:Go to restaurant by Anonymous Coward · · Score: 0

      Where in the world do you live? In France we can already partially pay by credit card anywhere we go, be it restaurant or supermarket.

  2. For everything else, there's the patent office by Drakkenmensch · · Score: 2, Funny

    Two burgers and fries: 8$ Two large drinks: 3$ Tax and tip: 1.75$ Getting paid for something most people can just do with simple mental math: PRICELESS.

    1. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      Two burgers and fries: 8$ Two large drinks: 3$ Tax and tip: 1.75$ Getting paid for something most people can just do with simple mental math: PRICELESS.

      No, it's not priceless ... I'm certain a firm owning a patent portfolio could give you a pretty nice quote on that patent.

    2. Re:For everything else, there's the patent office by Hacksaw · · Score: 4, Informative

      Making a wry comment based on someone else's poor interpretation of an article: $0.02.

      Making a joke in a cliched format you didn't invent: $0.00

      Reading the damned source article all the way before you make a fool out of yourself in public: Well, I wouldn't call it priceless, but something like that.

      The patent describes a device for accepting credit card payments at the table of the patron, allowing them to pick their amounts paid, and therefore saving the patrons and the waitrons from the hassle of communicating all this back and forth and dealing with the subsequent mistakes.

      --

      All the technology in the world won't hide your lack of vision, talent, or understanding.

    3. Re:For everything else, there's the patent office by MrNaz · · Score: 0

      Oh, so they pay while sitting down? How novel!

      --
      I hate printers.
    4. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      Sooooo...

      Now the servers won't have an opportunity to skim just *one* credit card but they can potentially skim numerous cards at once.

      Way to go IBM!

    5. Re:For everything else, there's the patent office by MobyDisk · · Score: 5, Insightful

      I've worked with point-of-sale systems that allowed this at the register. Is it novel because it happens at the table? Gah! That's patentable?

      Maybe if we stopped granted patents for these trivial things, people would be forced to innovate for real. And lots of lawyers would have to go out and do something productive in society.

      (Sorry, getting down from the soap box)

    6. Re:For everything else, there's the patent office by Shagg · · Score: 1

      So you're making fun of people joking about splitting the bill not being innovative. But splitting the bill "on a computer"... now that's patent worthy!

      --
      Unix is user friendly, it's just selective about who its friends are.
    7. Re:For everything else, there's the patent office by LandDolphin · · Score: 1

      I've worked with point-of-sale systems that allowed this at the register. Is it novel because it happens at the table? Gah! That's patentable?

      I have also worked with POS Machines for years, and I have the same thoughts as you.

      --
      Spelling and Grammar errors have been added to this post for your enjoyment
    8. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 1, Informative

      I think this could be a slick idea. I haven't read the article in detail; however, I was reminded of the Microsoft Surface demo video:

      http://www.microsoft.com/SURFACE/index.html
      -Click "Possibilities"
      - :58 second mark

      VERY slick concept.

    9. Re:For everything else, there's the patent office by bwalling · · Score: 1

      Why is that patent worthy? It's not that people haven't thought of that before - it's rather obvious - it's just that generally restaurants haven't spent much money on such systems and there was no need to build something that the market wouldn't be interested in buying. Sorry, but this has no business getting a patent.

    10. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      Are you really that stupid? The whole point of the device is that the CUSTOMERS swipe the card/enter the amount, not the servers. So now the servers don't have the opportunity to skim *any* cards.

    11. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      That's funny - I work at at a machine than runs Vista so it's a POS too!

      \Posting Anon for fear of the trollpoints
      \\Aw c'mon...
      \\\It's a JOKE!!!

    12. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      Are you really that stupid? The whole point of the device is that the CUSTOMERS swipe the card/enter the amount, not the servers. So now the servers don't have the opportunity to skim *any* cards.

      You don't know all the tricky ways skimming cards can be done do you?

    13. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      Virtually all restaurants in the UK let you do this with hand held wireles 'chip and pin' terminals.

    14. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      I work with POS machines daily, too - but I don't think we're talking about the same thing...

    15. Re:For everything else, there's the patent office by MikeDirnt69 · · Score: 1

      Irony is priceless.

      --
      Am I eval()? - http://www.monst3r.com.br
    16. Re:For everything else, there's the patent office by geekoid · · Score: 1

      NO, you are thinking of an idea, not a patents.

      The patent is on the method. Previous systems did not do it this way. It's not a patents on what it's doing, it's the mechanism.

      I don't know why I bother, since /. is full of people who don't even know what it is the rail against.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    17. Re:For everything else, there's the patent office by SemiSpook · · Score: 1

      Yeah, like scanning the RFID tags in the cards (if so equipped). I miss the days of the regular ol' chip on my Blue from AMEX card.

    18. Re:For everything else, there's the patent office by geekmux · · Score: 1

      The patent describes a device for accepting credit card payments at the table of the patron, allowing them to pick their amounts paid, and therefore saving the patrons and the waitrons from the hassle of communicating all this back and forth and dealing with the subsequent mistakes.

      In other words, it's a device for building a better idiot. Based on national math averages, no shock there.

      I'm sorry, but we can argue the validity of the code and/or hardware that could/will be wrapped around this all day, but the concept of patenting something that was taught to me by my math teacher in the 3rd grade is utter bullshit, and a complete embarrassment to all those who, by general populus definition, were granted REAL patents.

      Protect your idea in other ways instead of throwing it into the money sucking vortex of lawsuit-riddled, creativity-stifling patent hell. Our ability to create and innovate sans patent infringement is running out faster than IPv4 space.

      Besides, 99% of the time any of us is in the situation of 20+ people trying to "do the math" and split up the check, it's not being split anyway. We make the Sales guy pick up the tab, especially if he wants to make a sale.

    19. Re:For everything else, there's the patent office by dzfoo · · Score: 1

      But, wouldn't you catch this when you review your restaurant check, or your credit card bill?

      Or am I the only one who checks these?

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    20. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      How are you getting down from your soap box?

      If your right leg precedes your left, I have a patent on that.

    21. Re:For everything else, there's the patent office by MobyDisk · · Score: 1

      Granted.

      But just because something is a process, is it worth patenting? Someone replied to my post joking about patenting the process of getting off a soap box by starting with the right leg, then the left.

      Isn't this patent kind of like that? Can I patent a particular funny walk just because I specified a process? Or a way to chew gum, or eat a sandwich - so long as a specify exactly how I chew?

    22. Re:For everything else, there's the patent office by Anonymous Coward · · Score: 0

      I think you grossly overestimate the mathematical prowess of "most people"...

    23. Re:For everything else, there's the patent office by Fallingcow · · Score: 4, Interesting

      About 7 or 8 years ago, I worked with a guy who talked--a bit more than idly--about opening a restaurant. One of the features/gimmicks was to be the ability to order from a computer screen at the table. We spent some time discussing how this would work, and how the customer would interact with it.

      Of course we came up with the same idea as what's in this patent (pay at the table, split the bill how you like), because it's fucking obvious. We didn't think anything of it, because it hardly seemed like an "invention" of any sort: using a custom thin client POS system to order and pay? What, so exactly like the one (or ones) that waiters use?

      How does simply using more of some things that already exist--without even modifying them in any meaningful way--constitute a patentable "invention"? If something like this is the very first thing someone not even in the industry thinks of, it's pretty dumb that it can be patented, IMO. In fact, I'm shocked there wasn't a ton of prior art for this, as I'm sure hundreds of people, if not thousands, had already independently thought of this solution.

    24. Re:For everything else, there's the patent office by woot+account · · Score: 1

      Can I patent a particular funny walk just because I specified a process?

      Ah, you're looking for The Ministry of Silly Walks.

    25. Re:For everything else, there's the patent office by SeaFox · · Score: 1

      The patent describes a device for accepting credit card payments at the table of the patron, allowing them to pick their amounts paid, and therefore saving the patrons and the waitrons from the hassle of communicating all this back and forth and dealing with the subsequent mistakes.

      If the waitstaff can't do simple math I don't want them tabulating a bill for me to begin with.

    26. Re:For everything else, there's the patent office by Hacksaw · · Score: 1

      There is that, but let's give the waitstaff their due: Trying to do refigure a split check in the middle of a busy dinner is like trying to do your taxes while being pelted with gobbits of cream cheese by taunting girls scouts carrying yappy dogs barking Jingle Bells.

      Cut them a break, and let a pocket calculator help.

      --

      All the technology in the world won't hide your lack of vision, talent, or understanding.

    27. Re:For everything else, there's the patent office by TheStonepedo · · Score: 1

      I misread the end of your second stanza as "real parents" and thought it an apt judgment of the current state of education. Forgive my tangency to the topic at hand. I nearly failed first grade math. While the schools must teach to the majority of students (teaching to tests for NCLB aside), the real problem lies in teacher factories. University students who lack direction are coaxed into acquiring teaching certificates, studying old methods taught by experienced educators who push a number of more or less homogeneous youths through the same curriculum yearly. Children will neither catch up nor get ahead due to the efforts of teachers and educational bureaucracies. It takes interested and concerned parents to make the real difference. By second grade, after one summer of my father persistently encouraging me to practice and learn arithmetic, I was able to catch up to the curriculum. Parents are the only teachers who truly understand each pupil.

      --
      I'll be your candy shop of infinite deliciousity if you'll be my discotheque of endless rump-shaking.
  3. Actually that's not a bad idea by elrous0 · · Score: 1, Insightful

    There really isn't a convenient way to split a check and allow the parties to all still pay with a credit card (at least not in any of the restaurants I've ever been too). We live in a credit card/debit card world now (even the Salvation Army now accepts them) and that sort of thing is actually needed.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Actually that's not a bad idea by Lumpy · · Score: 4, Informative

      You must go to crappy restaurants.. I do it all the time with coworkers.

      either that, or the waitstaff there are complete morons and cant figure out the credit card machine.

      --
      Do not look at laser with remaining good eye.
    2. Re:Actually that's not a bad idea by aliquis · · Score: 4, Funny

      But the question is: Should it be patentable?

      We live in a world filled of porn now, there threesomes have become much more acceptable. Just think about how it would had been if you had to pay a license fee each and every time you joined up in a threesome. Yeah, that's right, for a grand total amount of $0. Totally unacceptable.

    3. Re:Actually that's not a bad idea by Tridus · · Score: 1

      Yeah, what the hell. We do this all the time at lunch. Splitting a bill is remarkably easy.

      --
      -- "So they told me that using the download page to download something was not something they anticipated." - Bill Gates
    4. Re:Actually that's not a bad idea by Anonymous Coward · · Score: 2, Funny

      There really isn't a convenient way to split a check and allow the parties to all still pay with a credit card (at least not in any of the restaurants I've ever been too).

      Really? Because we usually just give the waitress a pile of credit cards and ask her to split it. I don't know what kind of quantum alchemy takes place at the register, but she usually returns a few moments later with a fist full of pens and a smile.

    5. Re:Actually that's not a bad idea by Theaetetus · · Score: 3, Insightful

      Yeah, what the hell. We do this all the time at lunch. Splitting a bill is remarkably easy.

      Splitting a bill evenly is remarkably easy. Getting separate checks ahead of time is remarkably easy, though a bit of a hassle for the waitstaff. Splitting a bill unevenly is a bit more of a hassle - "Mr. Waiter, please take these cards: Joe will pay $14.51, of which $2.37 is tip; Frank will pay $12.97, of which $2.06 is tip; George will pay $13.61, but refuses to tip because he's a jerk; Ed will pay..."

      This invention, aside from any issues with obviousness, allows them all to pay at the table by swiping their cards and putting how much they individually want to pay. Takes any chance for confusion out of the waiter's hands.

      Downside: also takes any chance for avoiding fraud out of the waiter's hands. "Hey, this credit card says 'Mary Smith' and you're all men!"

    6. Re:Actually that's not a bad idea by Retric · · Score: 1

      Many systems let you split the table and recreate separate checks. AKA burger and fry's to sub table 1, pasta and beer to sub table 2 after they already created the first check. Most systems let you deduct arbitrary payments from the table, 20 in cash and the rest on the CC. I don't see what other options are needed.

      PS: There is also a lot of really bad software out there that can't do such things.

    7. Re:Actually that's not a bad idea by ThosLives · · Score: 2, Informative

      This invention...

      That's the problem; this isn't an invention at all. It's an agglomeration (or conglomeration, or perhaps both) of existing technologies to obtain the expected result of combining those technologies. Inventions are things that either involve new technology or combine technology to achieve results that are not obvious from the constituent parts. Anything else is just an engineering exercise. Consider: when Ford, GM, Toyota, or whomever create a new car model, they don't say they "invented" a new car even though they have a different combination of engine, interior, amenities, etc. than they had before. (Yes, they may have inventions inside that car, say a new type of emissions control or something, but that's a different thing entirely.)

      That said, at least this patent is a machine - the claims explicitly refer to circuits and other hardware.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    8. Re:Actually that's not a bad idea by Theaetetus · · Score: 1

      Many systems let you split the table and recreate separate checks. AKA burger and fry's to sub table 1, pasta and beer to sub table 2 after they already created the first check. Most systems let you deduct arbitrary payments from the table, 20 in cash and the rest on the CC. I don't see what other options are needed. PS: There is also a lot of really bad software out there that can't do such things.

      Sure, but many restaurants don't let their waitstaff void a single check and recreate separate checks because it's an easy route for fraud. Additionally, the fact that you can get meal/tip calculators for every brand of phone out there implies that at least a significant portion of the population would like a system that recalculated arbitrary payments for them.

    9. Re:Actually that's not a bad idea by Theaetetus · · Score: 1

      That's the problem; this isn't an invention at all. It's an agglomeration (or conglomeration, or perhaps both) of existing technologies to obtain the expected result of combining those technologies. Inventions are things that either involve new technology or combine technology to achieve results that are not obvious from the constituent parts.

      Yes, yes, we've all read the MPEP and you're quoting the theory perfectly.
      I think the bigger issue is the ol' hindsight problem. Sure, it's obvious to us reading the patent. And it certainly solves a long-felt-but-unsatisfied need... otherwise there wouldn't be a million different payment/tip calculators you can get for your phone. But why didn't a POS product like this exist before?

    10. Re:Actually that's not a bad idea by ThosLives · · Score: 2, Informative

      But why didn't a POS product like this exist before?

      The simple answer: customer's wont pay for it because it doesn't save them money. Establishments weren't paying for it because they wouldn't see enough increase in revenue or decrease in cost to pay for it.

      Products and services - be they inventions or just good engineering/marketing/whatever - are only developed, as far as I can tell, for two or three reasons: A) someone is interested in making new things because they like creating stuff, B) there is something that someone thinks is too difficult so creates something to make it simpler for themselves, C) (closely related to B) someone sees something that could be done better and thinks others would be interested in a different solution.

      So, basically, while people invented the "million" payment/tip calculators because they were tired of thinking, nobody is yet tired enough of splitting checks manually to automate the process. Heck, I'd pay good money for devices that would perform certain everyday household tasks and nobody's put one together yet... so what does that mean?

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    11. Re:Actually that's not a bad idea by Anonymous Coward · · Score: 0

      It's a device. I don't see why a device cannot be patented. Care to explain why you don't think this device should be patented?

    12. Re:Actually that's not a bad idea by ClassMyAss · · Score: 1

      You must go to crappy restaurants.. I do it all the time with coworkers. either that, or the waitstaff there are complete morons and cant figure out the credit card machine.

      In my experience, it's not that they are idiots, it's that they are very busy and splitting up a check means an extra 30 seconds or so (depending on the size of the group) waiting for credit card receipts to print out. That's a pain in the ass for them, so they often prefer to just pretend they can't do it.

    13. Re:Actually that's not a bad idea by Theaetetus · · Score: 1

      The simple answer: customer's wont pay for it because it doesn't save them money. Establishments weren't paying for it because they wouldn't see enough increase in revenue or decrease in cost to pay for it.

      Products and services - be they inventions or just good engineering/marketing/whatever - are only developed, as far as I can tell, for two or three reasons: A) someone is interested in making new things because they like creating stuff, B) there is something that someone thinks is too difficult so creates something to make it simpler for themselves, C) (closely related to B) someone sees something that could be done better and thinks others would be interested in a different solution.

      So, basically, while people invented the "million" payment/tip calculators because they were tired of thinking, nobody is yet tired enough of splitting checks manually to automate the process. Heck, I'd pay good money for devices that would perform certain everyday household tasks and nobody's put one together yet... so what does that mean?

      Sure... but I'd bet you within 5 years, we see these at a decent number of restaurants. If so, there's your proof of nonobviousness.

    14. Re:Actually that's not a bad idea by ThosLives · · Score: 2, Interesting

      Sure... but I'd bet you within 5 years, we see these at a decent number of restaurants. If so, there's your proof of nonobviousness.

      I'm not sure I'd equate "changes in what is and is not profitable" with "proof of obviousness" though. It's like saying that if in 5 years we all use electric cars instead of ones that burn hydrocarbon fuel it is because electric cars are not obvious. I just don't see it in this example.

      Your 5-year scenario results because once enough restaurants adopt such a device, not having it will lose you business. Kind of like credit cards at fast-food places: they got along forever without this, but now you couldn't survive as a fast-food place without accepting credit cards. Does this mean the credit-card accepting POS at fast-food places is patent-worthy (based on the combination of credit-card reader and traditional POS)?

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    15. Re:Actually that's not a bad idea by Theaetetus · · Score: 1

      I'm not sure I'd equate "changes in what is and is not profitable" with "proof of obviousness" though. It's like saying that if in 5 years we all use electric cars instead of ones that burn hydrocarbon fuel it is because electric cars are not obvious. I just don't see it in this example.

      I would argue that if in 5 years we're all using electric cars, then there's most likely been a patentable advance in electric car technology, bringing down costs and increasing efficiency. Commercial success is a good indicator of nonobviousness, though it's not a rock-solid one - could be due to major advertising or other factors, of course.

      Your 5-year scenario results because once enough restaurants adopt such a device, not having it will lose you business. Kind of like credit cards at fast-food places: they got along forever without this, but now you couldn't survive as a fast-food place without accepting credit cards. Does this mean the credit-card accepting POS at fast-food places is patent-worthy (based on the combination of credit-card reader and traditional POS)?

      I'd be willing to bet that the credit-card accepting POS is patented.
      Keep in mind, they're machine patents, not process patents. "Driving an electric car" - not patentable. "Planetary engine that allows continuous transfer of energy between gasoline and electric engines and drive train" - patentable.

    16. Re:Actually that's not a bad idea by lansirill · · Score: 4, Funny

      PS: There is also a lot of really bad software out there that can't do such things.

      So, what you're saying is that there are a lot of POS POS systems out there?

    17. Re:Actually that's not a bad idea by geekoid · · Score: 1

      Your new to San Francisco, aren't you?

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    18. Re:Actually that's not a bad idea by geekoid · · Score: 1

      Yes, it should. The method they use unique. You don't patent an idea.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    19. Re:Actually that's not a bad idea by poopdeville · · Score: 1

      That's the problem; this isn't an invention at all. It's an agglomeration (or conglomeration, or perhaps both) of existing technologies to obtain the expected result of combining those technologies.

      So was the car. And the lightbulb. And the refrigerator. And the washing machine. And so on and so forth. What's your point?

      Sounds like you didn't read "Connections" as a kid.

      --
      After all, I am strangely colored.
    20. Re:Actually that's not a bad idea by ubercam · · Score: 1

      The way it works at pretty much any busy restaurant I've been to (with the exception of really high end places) is that they always ask "Together or separate?"

      I've noticed that after people place their orders, the server goes to a terminal and enters them all. It would be easier to enter them individually, as in Person 1 wanted X, Person 2 wanted Y... When it comes time to pay, if you say separate, they print off that table's pending bills and hand them out. If you want to cover someone else's meal, just take their bill and add it to yours in your head. No biggie. Most people have cell phones, all cell phones made in the last 5-8 years have a calculator function (if simple math isn't your thing). For table purchases, like bottles of wine or a shared appetizer, the server can split the cost across some or all bills. If you want one bill, its probably as simple as pushing a button to lump each bill for the table into one and print it off.

      You can easily review your bill, which is always itemized, for any errors and have it corrected, but there is generally zero chance of fraud in this case because you have to review it and agree to it first.

      As for paying at the table, it's been done before... can you say wireless debit/credit card terminals? The machines all ask whether or not you want to leave a tip, or you can just tell the server the number to enter beforehand.

      By my understanding (didn't RTFA, only comments), IBM has patented the idea of some new device which encompasses the features of the restaurant's POS terminal, wireless debit/credit card machine and bill review into one sleek unit. Sure, it might save the step of printing the bill(s), but it sure isn't a novel idea by any stretch. To me, this kinda smells of the "... on the internet" types of patents in the sense that it's already being done, except they've added "at the table" to the end of it and called it a new idea. Doesn't seem right to me...

    21. Re:Actually that's not a bad idea by ColdWetDog · · Score: 2, Interesting

      but she usually returns a few moments later with a fist full of pens and a smile.

      Either you're better looking then I think you are, or you should check your credit card bill very carefully.

      --
      Faster! Faster! Faster would be better!
    22. Re:Actually that's not a bad idea by aliquis · · Score: 1

      Ok, so if everyone else did 2 males 1 girl threesomes I could had patented the method off threesome involving 2 girls and 1 male? Damn, too bad I missed my chance.

      So what if it's unique if it's an obvious idea?

      Though I'd prefer it if we removed all patents, let knowledge, results and research be free and collective.

    23. Re:Actually that's not a bad idea by LunaticTippy · · Score: 1

      Downside: also takes any chance for avoiding fraud out of the waiter's hands. "Hey, this credit card says 'Mary Smith' and you're all men!"

      I take issue with this statement. I have a card issued to my cat. The cat's name is obviously not a person's name but I rarely get a comment, and never have been refused use of the card. It is signed with an illegible scrawl.

      My girlfriend uses my credit card. She refuses to do business with banks but apparently is OK with me doing so. Anyway, she has never had a problem using my card. She just forges a signature. One time she misplaced the card and they accepted the numbers with no physical card at all.

      It was pretty surprising to me how little anyone cares about any of this. The banks don't care, the merchants don't care, the workers don't care, and I certainly couldn't care less.

      --
      Man, you really need that seminar!
    24. Re:Actually that's not a bad idea by Anonymous Coward · · Score: 0

      "Hey, this credit card says 'Mary Smith' and you're all men!"

      That's my wife's card. And it's pronounced Noosbaum.

    25. Re:Actually that's not a bad idea by ThosLives · · Score: 3, Informative

      I would argue that if in 5 years we're all using electric cars, then there's most likely been a patentable advance in electric car technology, bringing down costs and increasing efficiency.

      And I wouldn't have a problem with that type of patent at all. I agree that sometimes commercial success is an indicator of non-obviousness. Most of the time commercial success a better indicator of changing values though.

      I'd be willing to bet that the credit-card accepting POS is patented.

      Probably, but note I put "on the basis of combining a credit-card reader with a POS terminal" in there. I wouldn't have a problem with a patent if there was some trick to get a POS terminal and a credit-card reader to work together and the patent covered that invention. If the patent is "let's put these two things in the same box" then it's kind of ridiculous. The "at the table POS" thing that it sounds like the IBM patent represents, while it is a piece of hardware, probably shouldn't be patented on that basis alone (legal ability to obtain a patent aside).

      In general I don't have a problem with patents that provide new technologies; patents which just cover novel applications of existing technology are the ones that concern me: I don't believe that you should be able to patent a particular use of a technology, just a particular technology. It is a subtle distinction, and I appreciate that sometimes it is indeed difficult to differentiate between new technologies and new uses of technology.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    26. Re:Actually that's not a bad idea by rantingkitten · · Score: 1

      I waited tables on and off for three or four years. The problem with splitting the check is usually not an issue of the waiter's mental acumen.

      If the customers say up front that they'd like seperate checks, this is not a problem. If they wait until they're ready to pay before saying they want it split, but it's a small party and each person had reasonably simple orders, this is also not a problem.

      The problem arises when it's a party of eleven, people are ordering more appetizers and drinks the entire time, some people are paying for themselves while others are paying for themselves plus their friend/date/spouse, and so on. Without knowing how the customers plan to do this before they order it becomes basically impossible -- you either end up with one large check that now has to be split six ways, and you have to somehow remember who was ordering what, or you thought ahead, seperated everyone, and now have to merge half of them, again remembering who was ordering what and who is paying for whom.

      By the way, who gets to pay for the queso appetizer that everyone was sharing?

      If you've never done this I'm not sure you can understand just how obnoxious it becomes, but hopefully I'm getting my point across. It's particularly difficult when dealing with balky, outdated workstations with interfaces that won't always let you split things the way you'd like.

      Even if the waiter asks ahead of time how the customers want to handle this, it's hopeless -- most people don't think about it in advance, so at best you get ten minutes of inter-party bickering. Plus arrangements get made, deals are broken, that guy offered to buy the rest of his buddy's drinks, that other dude suddenly decided he's going to pay for that girl's dinner even though they aren't together, and people start waving breadsticks at each other and trying to prove things on napkins.

      Now, here's a system that takes the waiter out of the equation. You guys want to split the check? Fine, go for it -- everyone can select what they're paying for on the little touchscreen or whatever, slide their card through, and it's done. The customers are in a much better position to do this than the waiter anyway.

      --
      mirrorshades radio -- darkwave, industrial, futurepop, ebm.
    27. Re:Actually that's not a bad idea by ThosLives · · Score: 2, Insightful

      The car: As a whole, not patentable. Various components in the car: patentable (for instance, differential gear).

      Lightbulb: patentable - the combination of electricity and filament producing light was not an obvious result at the time of invention.

      Refrigerator: As a whole, not patentable (the principles of refrigeration were already known at the time). Various components to make the refrigeration system work - patentable.

      Washing Machine: again, as a whole, not patentable, though various components inside might be.

      There is a subtle distinction in there. The idea "a machine that automatically agitates clothes in soapy water" is an obvious extension of what people did by hand. Particular components that make that work, though, should be patentable. And I mean things like "use a crank mechanism to cyclically agitate the clothes inside a rotating drum that can centrifugally get rid of the water", not things like "use an electric motor to turn the crank". Basically specific, unique solutions to a problem space, not the problem space itself.

      That, in my mind, is the delineation of a good patent opposed to a dubious one.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    28. Re:Actually that's not a bad idea by dzfoo · · Score: 1

      Actually, in my experience it is crappy restaurants that allow this, not the really good ones. For the record, it is my opinion that all chain restaurants are crappy.

              -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
    29. Re:Actually that's not a bad idea by Anonymous Coward · · Score: 0

      "Hey, this credit card says 'Mary Smith' and you're all men!"

      I'd hardly say it's a plus to have waiters who comment on effeminate names of their customers.

    30. Re:Actually that's not a bad idea by Anonymous Coward · · Score: 0

      I see the confusion. I never said she returns with the cards. We just tell her to keep the change, then everyone laughs; but as she realizes we aren't joking, she finally begins to see a glimmer of light at the end of the tunnel that runs beneath the mountain of debt that her student loan and child's leukemia treatments have put her under.

      ...Then we report the cards stolen

    31. Re:Actually that's not a bad idea by bigstrat2003 · · Score: 1

      I have yet to come across any half-decent restaurant that didn't let you split your bill up. Even if we accept your (false, imnsho) premise that all chain restaurants are crappy, that just means all good restaurants let you split the bill, and some crappy ones do.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    32. Re:Actually that's not a bad idea by lgw · · Score: 1

      Lightbulb: patentable - the combination of electricity and filament producing light was not an obvious result at the time of invention.

      This was a *completely* obvious idea at the time. Dozens of people were working on it. It was basically obvious to everyone in the field. But it still took serious engineering research to make it happen.

      Patents protect implementations, not ideas. The lightbulb is a perfect example. The idea wasn't noteworthy at all, but the implementation was everything.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    33. Re:Actually that's not a bad idea by one_in_a_milli0n · · Score: 0

      Splitting a bill evenly is remarkably easy. Getting separate checks ahead of time is remarkably easy, though a bit of a hassle for the waitstaff. Splitting a bill unevenly is a bit more of a hassle

      It is what happens in Germany all the time. Both one person pays all and individual checks are about equally common, the even split not so much. I dunno, our waitresses and waiters don't seem to have a problem with it, even doing it all with pen&paper. And that at an average tipping percentage of 5% or less. Must be benefit of the education system I guess...way superior.

    34. Re:Actually that's not a bad idea by Lumpy · · Score: 1

      Then we pretend we cant pay. Suddenly they can split the check.. it's a festivus miracle!

      --
      Do not look at laser with remaining good eye.
    35. Re:Actually that's not a bad idea by k-macjapan · · Score: 1

      George will pay $13.61, but refuses to tip because he's a jerk;

      ... Mr. Pink is that you?

      This method of paying is quite common in Japan or when Japanese are together in foreign countries, at least in my experience. Basically the bill is divided by the number of people and split evenly, regardless of who had what to eat/drink. Sometime it works in your favour and other times it doesn't.

    36. Re:Actually that's not a bad idea by Dlugar · · Score: 1

      Splitting a bill evenly is remarkably easy. Getting separate checks ahead of time is remarkably easy, though a bit of a hassle for the waitstaff. Splitting a bill unevenly is a bit more of a hassle - "Mr. Waiter, please take these cards: Joe will pay $14.51, of which $2.37 is tip; Frank will pay $12.97, of which $2.06 is tip; George will pay $13.61, but refuses to tip because he's a jerk; Ed will pay..."

      We typically write on the back of the bill everyone's first name followed by the amount they're paying, and hand that to the waiter with the stack of credit cards (and sometimes a wad of cash). We don't bother to split it up by tip/not tip--all the waitstaff cares about is that the total amount over what the total bill is is a tip. I'm not sure why you'd want to deal with the hassle of writing that down. Works pretty easily in my experience.

      Dlugar

      --
      Computer Go: Writing Software to Play the Ancient Game of Go
    37. Re:Actually that's not a bad idea by Anonymous Coward · · Score: 0

      So, what you're saying is that there are a lot of POS POS systems out there?

      There are a lot of part-of-speech point-of-sale systems out there?!? That doesn't make any sense!

    38. Re:Actually that's not a bad idea by TheStonepedo · · Score: 1

      "You keep using that word. I do not think it means what you think it means." - Inigo Montoya
      http://answers.com/then
      http://answers.com/than
      Cheers,
      Ryan

      --
      I'll be your candy shop of infinite deliciousity if you'll be my discotheque of endless rump-shaking.
    39. Re:Actually that's not a bad idea by TheStonepedo · · Score: 1

      With truly complex separation of checks I print one check for the table, ask the customers to assign each of their parties a number at the bottom of the check (for example, pardon my formatting, "blue visa 1, red visa 2, discover 3, cash 4, cash 5"), and then write the appropriate number by each item. Everything left unnumbered is split among all of them. I never had objections from customers and was always tipped fairly when I used that method.

      --
      I'll be your candy shop of infinite deliciousity if you'll be my discotheque of endless rump-shaking.
    40. Re:Actually that's not a bad idea by poopdeville · · Score: 1

      Lightbulb: patentable - the combination of electricity and filament producing light was not an obvious result at the time of invention.

      As someone else said, this was an extremely obvious idea. Humphrey Davy invented the carbon filament incandescant lamp by 1809. It was impractical because carbon oxidizes in the presence of heat and oxygen. It took advances in vacuum pump technology before more engineering in the field could be done, and by the time that happened, dozens were working on the light bulb.

      Refrigerator: As a whole, not patentable (the principles of refrigeration were already known at the time). Various components to make the refrigeration system work - patentable.

      Except, there is only one component assembly necessary to make a refrigeration unit: the compressor and decompression chamber. The first refrigeration units (industrial ammonia-based units) were patented. Many later refrigerator designs were patented.

      --
      After all, I am strangely colored.
  4. Not a problem here by clickety6 · · Score: 4, Interesting

    In Germany the waiting staff are more than happy to split the bill with you so that each person pays for what they ate and drank separately. I suspect that this is because, unlike in the US, tips aren't expected and aren't at a more-or-less fixed percentage and instead patrons who want to tip usually round up the bill amount.

    So if the waiting staff take the time to go through 10 separate payments for each person, they probably get a larger total tip than the tip on one big payment.

    And the person who only had a glass of water and a starter is happy he didn't pay for the steak-guzzling alcoholic ;-)

    --
    ----------------------------------- My Other Sig Is Hilarious -----------------------------------
    1. Re:Not a problem here by Anonymous Coward · · Score: 1

      How exactly do you guzzle a steak anyway?

    2. Re:Not a problem here by Anonymous Coward · · Score: 0

      There is something to ponder during all those cold winter nights ahead.

    3. Re:Not a problem here by Anonymous Coward · · Score: 0

      I'm the steak-guzzling alcoholic, you insensitive clod!

    4. Re:Not a problem here by BodhiCat · · Score: 1

      And since the German waiters/waitresses didn't go to school under the "No Child Left Behind" progam they can actually do long division.

      --

      Das ist nicht eine Unterschrift.

    5. Re:Not a problem here by Loganscomputer · · Score: 0

      I live in the states and I have never had a problem splitting the bill. The article has nothing to do with having the wait staff split the bill. It is for a system that allows customers to do it at the table.

      I call shenanigans and general all around ignorance on your answer, RTFA.

      --
      Wearing a hat keeps out the voices.
    6. Re:Not a problem here by clickety6 · · Score: 1

      One of the points I was making was that the wait staff here wouldn't necessarily want this device. Sitting with each customer to work out his individual bill often nets them a bigger total tip.

      If it's done by credit card without the wait staff's presence, it's likely to reduce the total tip for them.

      3 people with bills of 37 Euro might round up to 40 Euro, giving a 9 Euro tip. Whereas on a bill of 111 Euro, the round up might only be to 115 Euro. Tipping is different here. It's not a gratuity and isn't needed to bring staff wages to a minimum wage standard as in the US.

      --
      ----------------------------------- My Other Sig Is Hilarious -----------------------------------
    7. Re:Not a problem here by DJ+Jones · · Score: 1

      Ironically, I think the problem is more software related. I don't know what restaurant billing/order software you guys use over there, but I waited tables in New York for 5 years in 3 different restaurants with 3 different software platforms and none of the them facilitated the "split check" process well at all. It almost always involved going through loop holes, calling the manager over, and sometimes even hand calculations to get the software to do it correctly.

      That's most likely why the wait staff always give you dirty looks when you ask to split the check.

    8. Re:Not a problem here by Anonymous Coward · · Score: 0

      There is clearly pre-existant technologies that does the work of splitting the bill. Back when I was living in Montreal, pretty much every single restaurant was using a software called MaitreD [http://www.maitredpos.com/] that did the job for them. The smaller restaurant were doing it by hand.

      It is seriously simpler that... You wanna pay for someone else? You just grab 2, 3,...X bills and pay them. The tax is already splitted, the gratuity is splitted. Everything is simple.

      Sorry to point it out, but the US one-bill-per-table system is clearly an artefact of historic time (pre-computer era) and should have evolved years ago.

    9. Re:Not a problem here by tzhuge · · Score: 1

      Actually, I've never had a problem with this in North America. It might be way more difficult than it should be at times, but I have never had wait staff refuse to do this. On the other hand, while on a short trip in Europe, I had one waiter tell me it's "impossible" to split the bill, and I had a second waiter roll his eyes at me because I dared to make additional orders. I think the difference is that in North America, the gratuity is up to the customer (except in rare cases), whereas in some European countries, there seems to be already some sort of charge for service rolled into the price. Someone can correct me if I'm wrong.

    10. Re:Not a problem here by ubercam · · Score: 2, Insightful

      Since we're on the topic of Germans, sorry to be the German grammar Nazi (again), but your sig...

      You can't say "nicht ein" in German, it's always shortened to "kein" + the appropriate adjective ending.

      Das ist keine Unterschrift.

      Sorry, I couldn't let that one go!

    11. Re:Not a problem here by ubercam · · Score: 1

      You're right, tipping is definitely not expected, but they usually don't go out of their way to deserve one either.

      My philosophy about tipping, in any country, is that a server who truly deserves it shall receive. Attentiveness, politeness, attitude, knowledge (of the menu, wine pairings, etc) and friendliness (occasionally attractiveness... come on you've all done it!) all play into it. But, since the tip doesn't (usually) only go to the server, the quality and presentation of food and drinks plays a role in determining a tip.

      North American servers tend to be friendly (often overly so) and eager, whereas European servers tend to be unfriendly, and sometimes even act like you're a inconvenience to them.

      I'm not trying to stereotype, this is just what I've observed. Of course, I've seen a few exceptions, but most tend to fall into those categories.

    12. Re:Not a problem here by RyoShin · · Score: 2, Informative

      I suspect that this is because, unlike in the US, tips aren't expected and aren't at a more-or-less fixed percentage and instead patrons who want to tip usually round up the bill amount.

      As a previous waiter in the U.S., and a patron of many establishments outside of the U.S., I've never had a problem with splitting checks. Whenever it looked like it wasn't a family unit, my policy was to ask when taking the order if checks would be split. I've had that happen maybe half the time at other venues (in some situations it's easily assumed). When not asked, a simple "please split the check" sufficed.

      I would say that with our tipping system, splitting the bill is a benefit to waiters. When one guy pays for it all, he'll be less likely to tip largely; having four guys tip separately means you get four moderate tips (so, on a $40 total bill, you might get 4 $2 tips instead of one $5). Yeah, you'll get someone now and then who won't tip because the others did, but oh well.

      (Related story: My fraternity went to a rather expensive (to us) restaurant to celebrate some new members. Everyone paid for themselves, and a few covered a new member a piece. No one made mention of splitting the bill at any point I remember, member or wait staff. At the end, we got one bill for almost a grand (this was about 15 guys). We asked that it be split, and were told that there system couldn't split a check after it was put in the system. What a horrible system for such an expensive place. I wound up taking the whole thing on a credit card and tracking down each person to get their portion of it. Yeesh.)

    13. Re:Not a problem here by Bill,+Shooter+of+Bul · · Score: 1

      He said "steak guzzling alcoholic" So I'm guessing its a steak-tini. With A1 spread around the rim.

      Yeah, its that important.

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    14. Re:Not a problem here by Anonymous Coward · · Score: 0, Troll

      Damn, I remember that! I offered to pay my part, but as a pledge, you insisted I pay it off in blow jobs. Then you cried when I laughed at your tiny pecker.

    15. Re:Not a problem here by bigstrat2003 · · Score: 1

      It's not a gratuity...

      I'm confused by what you mean. Maybe I just don't understand how tips work in Europe. Isn't it a reward for good service (which is my understanding of "gratuity"), just like it is here?

      isn't needed to bring staff wages to a minimum wage standard as in the US.

      I've never worked in the industry, but I'm given to understand that if you don't make at least minimum wage once tips are added to your wages, your employer is required to make up the difference. This might not be in all states, just mine, and is still shitty, but not as bad as people actually getting paid less than minimum wage at the end of the day.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
    16. Re:Not a problem here by Man+Eating+Duck · · Score: 1

      That's most likely why the wait staff always give you dirty looks when you ask to split the check.

      That's ridiculous. Any waiter except a very bad one will respect your wishes when you're at a restaurant, they will also be able to handle 3rd grade math or whatever mentally.

      Most people wouldn't go back to a place where they were treated like that, and the waiter knows it. Their manager will also notice if they do it consistently.

      My experience is that if their equipment doesn't handle it they'll do the math, or let us help out if they're not configdent. The total tip is likely to turn out bigger as well. Maybe things are different here in Europe? No, I'm not Dutch :)

      However, I always notice them if they forgot to put an item on the bill... While they won't get docked for it they'll look bad to management.

      --
      Are you a grammar Nazi? I'm trying to improve my English; please correct my errors! :)
    17. Re:Not a problem here by Anonymous Coward · · Score: 0

      s/configdent/confident

      s/notice them/tell them

      {:>)

    18. Re:Not a problem here by Man+Eating+Duck · · Score: 1

      The first one was a typo, thanks for the other one :)
      Also: s/docked for it/docked for a missing item/

      --
      Are you a grammar Nazi? I'm trying to improve my English; please correct my errors! :)
    19. Re:Not a problem here by TheStonepedo · · Score: 1

      Regarding your use of "noticed", I think the word nearest your intention would be "notify" rather than "tell".

      Cheers,
      Ryan

      --
      I'll be your candy shop of infinite deliciousity if you'll be my discotheque of endless rump-shaking.
    20. Re:Not a problem here by Man+Eating+Duck · · Score: 1

      Yes, that would make more sense :)
      This is why I have my sig, I probably won't make that mistake again.

      Thanks!

      --
      Are you a grammar Nazi? I'm trying to improve my English; please correct my errors! :)
  5. Ha! Fork it over, buddy! by Mistshadow2k4 · · Score: 2, Funny

    You'll just have to pay for the pizza. See, IBM holds a patent on splitting the check. Honestly, they do. Don't worry, I'll pay next time. Promise!

    --
    I dream of a better world... one in which chickens can cross roads without their motives being questioned.
  6. Bad summary by russotto · · Score: 3, Informative

    It's not a business method patent on splitting the bill. It's a device patent for a portable terminal which allows people to split the bill using a credit card.

    I still don't think it's patent-worthy -- the idea for the gadget has no doubt been thought of by numerous groups of geeks, and the patent really doesn't disclose anything beyond the idea and basic method of operation. But at least it's not totally silly.

    1. Re:Bad summary by pmontra · · Score: 2, Interesting

      Definitely a bad summary, this is the abstract of the patent:

      Patrons at a restaurant or bar can pay at their table using credit cards, without involving the restaurant or bar cashier and/or wait staff. Patrons are assisted using this system in dividing the bill by displaying the amount due (including tax) and allowing each patron to enter the amount they wish to pay. When the initial bill is presented, a balance due will be displayed and the indication will be provided that the bill has yet to be paid in full. As each transaction is entered, a running total will be displayed indicating the remaining balance due. When the running total reaches zero, the bill is paid in full, and an indication will be provided, such as by illuminating a green indicator light or by displaying a balance due of $0.00.

      If you can patent a cash register you should also be able to patent this device.

    2. Re:Bad summary by turtledawn · · Score: 1

      That actually makes it sound even stupider- this will require _more_ work on the part of the patrons, trying to remember how much each item they paid for costs and whether or not it's a taxed item, then doing the math to figure out the actual cost of their portion of the meal. You'd think they'd at least offer what waitstaff does now, and display the tab by item so you could tick off the items you wanted to pay for..

      --
      Uh, "if it looks roughly mouse-shaped according to my infra-red sensitive pit, eat it"? --Chris Burke 09-08-10
    3. Re:Bad summary by captainpanic · · Score: 0

      This device is the same as having a pocket calculator (or a functioning brain) and a waiter who doesn't make too much trouble of making separate bills. It doesn't add much for the customer yet. I think that if a number of restaurants will get this system, you'll see other restaurants offering the same service with more old fashioned devices.

    4. Re:Bad summary by Anonymous Coward · · Score: 0

      >>But at least it's not totally silly.

      And what about the fact that we have come to the point of laziness and ineptitude that there is enough demand for
      1) someone to create this device
      2) go for a patent for it

      Someday (and in many ways we have already come to this point), all this demand for 'convenience' is going to bite us.

      PLUS! ... the billing device is now exposed at the table. It's portable, right? Which means its probably wireless. And the concern I'm talking about is not my CC # etc. getting hijacked, but the system itself. This device would most likely just provide more surface to attack.

      Maybe not 'totally' silly, but I'd say 95% there at least.

      Prior art? Anything that can itemize and add/subtract.

    5. Re:Bad summary by 91degrees · · Score: 1

      It's clearly an improvement over an existing device, and requires at least some design. It's not so obvious that all systems support it.

      Okay. It's pretty obvious once the problem is described, but there are worse offenders.

    6. Re:Bad summary by Anonymous Coward · · Score: 0

      If you can patent a cash register you should also be able to patent this device.

      No one has a patent on the cash register. They have a patent on the device, including all the mechanical parts. This is a algorithm patent, not a device patent.

    7. Re:Bad summary by Anonymous Coward · · Score: 0

      I can pay for something using multiple methods (cash, one or more credit cards, one or more gift cards) and different amounts at most box stores. The cashier just puts in the amounts of each until the balance is $0.00. Does that count as prior art?

      I have even done the same thing with my spouse paying part of something for the house and myself paying part, and I usually pay a larger portion, since I receive a higher salary.

      They usually do not like to do it, but it can be done.

      Where's the obviousness, other than the fact it's being used in a restaurant?

    8. Re:Bad summary by Anonymous Coward · · Score: 0

      There's far more to a good patent than an idea. That's why I oppose most software patents, because they dilute the protections.

      Getting a working prototype to actual product is actually pretty hard. You have to work out all the bugs, test it in real use cases to find things you couldn't have figured out (smart people are terrible at figuring out how stupid most people can be), and do marketing, sales, setting up manufacturing and supply chains, both for raw materials and getting the product out to customers.

      Patent protections mean that a small timer has a chance to get these done before a mature organization can run their already extant machine over the problem and cream the little guy.

    9. Re:Bad summary by Anonymous Coward · · Score: 0

      I don't get it. I go, I eat, the waiter/waitress asks who is with who, and we each get a bill for what we had. This happens all the time. It is not new. It is simple.

  7. FTL travel by Psmylie · · Score: 4, Funny

    It may sound silly, but this is a first step for IBM to patent and control the world's first Bistromathic drive, as first theorized by Douglas Adams.

    --

    psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    1. Re:FTL travel by Anonymous Coward · · Score: 0

      actually, this would remove the invention of the Bistromatic because, as I recall, it was based on the uncertainty between the number of people at the table, the amount of food that was ordered, how many people arrived vs reservations were made for, the amount of the check, the amount people were willing to pay...
      So, this invention removes all of that. Damn you IBM! Damn you!

    2. Re:FTL travel by tacocat · · Score: 1

      On the contrary, doesn't Douglas Adams get credit for Bistromath and hence the splitting of the bill is not a patentable business process?

      Wait. Isn't this just a business process and as such may not be patentable?

      I'm still trying to get the couch off the landing, thanks to Dirk Gentry.

  8. Whew... by MaxwellEdison · · Score: 1

    For a second there I thought they were trying to patent soup...talk about prior art...

    --
    -=Bang Bang=-
    1. Re:Whew... by ORBAT · · Score: 2, Funny

      Don't be silly, they can't patent soup.
      Microsoft patented it in 1997.

    2. Re:Whew... by tripdizzle · · Score: 1

      I just thought it was a reference to the Seinfeld episode where Jerry owes Banya dinner and he orders soup so he claims it doesn't count.

      --
      "A claim for equality of material position can be met only by a government with totalitarian powers." Hayek
  9. WTF?? by TheNecromancer · · Score: 1

    'Though U.S. Pat. No. 5,933,812 to Meyer, et al. discussed previously provides for an entire table of patrons to pay the total bill using a credit card, including the gratuity

    Since when has paying a restaurant bill with a credit card for a group been patented? Does this mean that I'm paying royalties every time I treat my friends when we go out to eat??

    Separate checks, please!!

    --
    Attention all planets of the Solar Federation! We have assumed control! - Neil Peart
    1. Re:WTF?? by Theaetetus · · Score: 2, Insightful

      'Though U.S. Pat. No. 5,933,812 to Meyer, et al. discussed previously provides for an entire table of patrons to pay the total bill using a credit card, including the gratuity

      Since when has paying a restaurant bill with a credit card for a group been patented? Does this mean that I'm paying royalties every time I treat my friends when we go out to eat??

      Separate checks, please!!

      What gets me is you directly quoted the article, implying that you read it, and even plucked out a quote from the 7th paragraph of the detailed description, but never realized that the Meyer patent (and this one) isn't on a process, but a portable payment unit, kind of like the ones at most cash registers in convenience stores.

    2. Re:WTF?? by TheNecromancer · · Score: 1

      Nope, didn't RTFA at all! Got that quote from the header. :)

      Yeah, I didn't realize before that the patent was on a device, would have been nice if the dunderhead who posted the article made that clear. Require me to read the article? The nerve of some people!! :)

      --
      Attention all planets of the Solar Federation! We have assumed control! - Neil Peart
  10. Very important patent by snspdaarf · · Score: 1

    Because it is so difficult to tell the waitperson, "Separate checks please" before you order. What's next, a patent on belching words?

    --
    Why, without your clothes, you're naked, Miss Dudley!
    1. Re:Very important patent by Anonymous Coward · · Score: 0

      If the restaurant is using a POS system (as implied), most systems will allow you to split a check after everything has been rung in.

      There's no need to let your server know beforehand in most cases.

    2. Re:Very important patent by Jeoh · · Score: 1

      They should really come up with a better acronym than POS.

    3. Re:Very important patent by jmyers · · Score: 1

      You obviously never worked on a POS system. The acronym was very suitable for the ones I worked on.

  11. Bistromathics by McWilde · · Score: 5, Funny

    Sure, you people can laugh at it now, but someday this patent will make interstellar travel possible.

    --
    Maybe
    1. Re:Bistromathics by Milvuss · · Score: 1

      But Douglas Adams will rise from the grave to claim prior art...

    2. Re:Bistromathics by foniksonik · · Score: 1

      It's true. We'll have aggregate colonial ships, each with a limited fuel supply which is not enough to get us to the destination... but using this method we'll be able to 'split the bill' successfully so that all together we will be able to get there ;-p

      --
      A fool throws a stone into a well and a thousand sages can not remove it.
  12. So what's the invention? by johannesg · · Score: 0, Redundant

    They are effectively stating that "it is a common procedure in restaurants to split the bill, but no one claimed it yet. We are hereby putting down a flag."

    So what is the actual invention? Where is the method or apparatus for splitting a bill? Is anything described in the patent that allows us to do this in a novel way? Or is it just a codification of a practice that is as old as the country of the Netherlands? (I'm Dutch, I can make the joke... ;-) ).

    It goes without saying that, if it is just a codification of something that is hundreds, and potentially thousands of years old, it should not be meriting special protection...

    1. Re:So what's the invention? by Anonymous Coward · · Score: 0

      Actually the patent is on the device to split the bill between all ustomers and present only one bill to the restaurant.

      Not that I read the article or anything.

    2. Re:So what's the invention? by Anonymous Coward · · Score: 2, Insightful

      Never have I felt so strongly the "Read The Fucking Article" needed to be spelled out.

    3. Re:So what's the invention? by Anonymous Coward · · Score: 0

      WTF!! RTFM FGS!

    4. Re:So what's the invention? by blueg3 · · Score: 1

      Oh, come on. Read the patent. It's for an apparatus for splitting the bill. It should be quite clear what the actual invention is, provided you don't rely on a Slashdot summary to properly summarize a patent.

    5. Re:So what's the invention? by srmalloy · · Score: 2, Informative

      More accurately, it is on a device that allows the restaurant to present one bill to the table, then have the individual patrons at the table enter payments by credit card against the bill total, rather than the restaurant breaking the bill up into individual bills for each patron, then (presumably) handling each bill by hand, which ties up server/cashier time. If I could go to a restaurant and then present a bill to the restaurant when I'm finished eating, I'd eat out a lot more often.

    6. Re:So what's the invention? by Anonymous Coward · · Score: 0

      So what is the actual invention? Where is the method or apparatus for splitting a bill? Is anything described in the patent that allows us to do this in a novel way?

      It's like the square root of a million: We'll never know.

      Unless, of course, we RTFP.

    7. Re:So what's the invention? by Anonymous Coward · · Score: 0

      If I could go to a restaurant and then present a bill to the restaurant when I'm finished eating, I'd eat out a lot more often.

      I must be going to the wrong restaurants. I see in the movies all the time that when people are done eating, they say "check please!" instead of "bill please!". What's odd is that they often then put down cash. But perhaps they're just cashing the check for the waiter.

    8. Re:So what's the invention? by Anonymous Coward · · Score: 0

      If I could go to a restaurant and then present a bill to the restaurant when I'm finished eating, I'd eat out a lot more often.

      How bad are these restaurants you frequent? Are the bills medical/insurance? Or are you some form of celebrity? Is that you Michael? I knew those reports of your demise in 1933 couldn't be true. Senor, you really need to find some new places to eat if you're still having these kinds of issues.

  13. There's more going on here by Radtastic · · Score: 1

    Geesh that article has a lot of fluff.

    As an industry professional that works on the data-end of about 20 POS systems, I can emphatically state that many systems provide several methods for splitting a check, including splitting the overall cost, assigning individual items, and splitting individual items (so for example on a table of 5, 40% of the wine can go on one check and the other 60% on the other).

    Another factor is restaurant policy. Giving the server the ability to split checks is one of many avenues where fraud occurs. Often the restaurant will not let servers use the POS for this, or limit how checks are split, even though the capabilities exist.

    Regarding the patent, if this holds up, there's going to be a shitstorm among the Point of Sale industry.

    --
    You stereotypers are all the same...
    1. Re:There's more going on here by 91degrees · · Score: 1

      This appears to be a very specific method that allows people to check the amount, decide between them how much to pay without relying on the waiter, and be reasonably confident that they are not going to be cheated (unless the POS manufacturer is involved in the fraud).

  14. I think my company has prior art. by Anonymous Coward · · Score: 0

    We've done this for quite a while, as long as you consider a mid-tower workstation to be 'portable'.

    1. Re:I think my company has prior art. by banzaikai · · Score: 2, Informative

      Prior Art: Adams, Douglas M., "The Hitchhiker's Guide to the Galaxy", segment dealing with "...splitting the check in a bistro...", forerunner to invention of "Drive, Improbability" type, space-time propulsion.

      banzai
      Man, I really miss that guy...

  15. Seriously, WTH? by Leafheart · · Score: 1

    There are many things I do not understand, and I will put this one among those. I don't know about US but here in Brazil at least, it is common practice when you go to the restaurant to pay only for what you pay. Most places can make different tabs for each costumer on the table, even if not, it is normal to pay part of the value on separate credit cards.

    You know, because it is very hard to do simple math, specially because it is not common for any cellphone to have a calculator.

    /dripping sarcasm

    --
    --- "When you gotta do something wrong. You gotta do it right. (Fighter)"
    1. Re:Seriously, WTH? by pimpimpim · · Score: 1

      They're just preparing for an age where no one knows math anymore, but where there will still a lot of lawyers around.

      --
      molmod.com - computing tips from a molecular modeling
  16. I can't wait... by geekmux · · Score: 0, Redundant

    ...until my patent gets approved for filing pointless patents. Holy shit, am I gonna be rich.

  17. RTFP by poot_rootbeer · · Score: 1

    Discussing patents on Slashdot is like trying to diagnose mental illness using WebMD. Only with more mental illness.

    RTFP, people. And the relevant patent law, while you're at it. The patent examiners did, so it's the least you could do.

  18. POS System by kenp2002 · · Score: 1

    The reason for this was part of an effort to develop a Point of Sale (POS) card swipe system for resturants. Many resturants have cash registers that have trouble splitting up a bill in a non-per-seat method.

    Case in point:

    5 people order a $10 meal each.

    $50 dollars.

    To split the bill the waitress at the register sets up 5 seats so each person pays their $10.

    Tip comes alone and seat one tosses in $2 and seat 4 tosses in $3.

    Now Seats 1,2,3 are a family and 4 and 5 are guests.

    4 decides to pay for 1/2 seats 1,2,3 on 1 credit card and his own on a second credit card. Seat 5 pays his own on a debit card. The other half of 1,2,3 are begin paid by seat 1.

    On many POS systems you cannot pay 1/2 of a group of seat's bill on a card then pay the other half with another card. In this case many times the resturant would have to process seats 1,2,3 each separately with the CC transaction. And at .5% per transaction lets say (some places pay as high as 1.5% I've heard) this is a horrible hit to profits. This is common also with gift cards. Older POS systems can't take a check for 1/2 and a credit card for the other. aka. The Split Payment Problem. If a computer system can be put in place to help break up the transactions automagically it might cut down on the number of transactions needed.

    This patent as far as I can see appears to be targeted towards POS systems (cash registers, etc.) not people splitting a bill. I'm not a patent fan in full disclousure, but this isn't the maddness people would like it to be.

    Relax people. Stupid Patent? Perhaps. End of the World? Nope.

    --
    -=[ Who Is John Galt? ]=-
    1. Re:POS System by Anonymous Coward · · Score: 0

      If it's .5% or 1.5% per transaction, it doesn't matter if you process dozens of small transactions or one big one. How POS systems could possibly be as retarded as you say is absolutely beyond my grasp.

  19. "Ending an 8+ year battle..." by geekmux · · Score: 3, Insightful

    Economy is in the toilet, unemployment setting records, hundreds of billions in bailouts, and we've got IBM over here fighting for 8+ years over this?.

    Holy....Shit.

    IBM deserves more than this patent, but I don't feel like going to jail.

    1. Re:"Ending an 8+ year battle..." by Main+Gauche · · Score: 1

      Never dealt with the government before? An "8+ year battle" involves something like 20 days of fighting interspersed among 2900+ days of waiting.

    2. Re:"Ending an 8+ year battle..." by Anonymous Coward · · Score: 0

      No, we've got IBM spreading its business out over a variety of markets to help it weather a bad economy, retaining 380,000 employees with rather few layoffs all while providing among the best employee benefits that all for a lot of health care choice at a relatively low to no (depending on the choice) employee premium contribution (including credits for not smoking, participating in a self-monitored exercise program, etc.). This is how the company should be judged, not on a particular group pushing through a patent.

      Furthermore, at IBM, the decision to file for a patent is made by a small review board located on site and not by "command central." Once a decision to file has been made, the responsibility to drive and defend the application also goes to an attorney typically located in a local IP department and sometimes to an outside contractor. Also, not by some central master planner.

      People need to learn a little more about how the real world operates. In most cases, there is no evil genius pulling levers from behind a curtain.

    3. Re:"Ending an 8+ year battle..." by Anonymous Coward · · Score: 0

      People need to learn a little more about how the real world operates. In most cases, there is no evil genius pulling levers from behind a curtain.

      (Giving a yank at the curtain, flinging it open...)

      (Richard Fuld):"Shit! We've been made boys. Let's make a run for it!"

      Yeah, you're right, no reason to believe that curtain theory anymore...

    4. Re:"Ending an 8+ year battle..." by Anonymous Coward · · Score: 0

      Economy is in the toilet, unemployment setting records, hundreds of billions in bailouts, and we've got you making snippy comments about IBM.

      There, fixed that for ya.

  20. It's a Process by Anonymous Coward · · Score: 0

    Doesn't sound like it'll pass the Bilski test

    1. Re:It's a Process by Theaetetus · · Score: 1

      Doesn't sound like it'll pass the Bilski test

      I can understand how you'd be confused by the use of words like "system", "terminal", "payment unit physically located at the table", "credit card reader", etc. and would assume that this is an abstract process not using a system, terminal, payment unit physically located anywhere, credit card reader, etc.

      Oh, wait, no I can't.

  21. Just more proof the patent system has collapsed by Anonymous Coward · · Score: 0

    I've been saying for a long time: The patent system has collapsed. The wheel was patented about 20 years ago, it's all been downhill from there.

    BTW, the patent of the wheel was actually a protest against patent reforms which effectively broke the entire system.

  22. Bogus patent alert... by Kindaian · · Score: 1

    I fail to see where the "invention" is... But alas, IANAL... nor a Patent Troll... ;)

  23. Prior art? by ThierryD · · Score: 3, Interesting

    Well, the patent seems to have been filed in 2000. The "Resto" application I wrote for the Newton was doing pretty much the same thing in 1997...

    I wonder if I could sue IBM...

    Millions here I come!

    1. Re:Prior art? by LingNoi · · Score: 1

      You should file for prior art.. 8+ years fighting over this patent and they still don't get it lol.. Seriously go do it.

    2. Re:Prior art? by Theaetetus · · Score: 1

      I think Denny's may be able to claim prior art here. Denny's has a system that splits the check by seat. Each seat gets a separate section in the bill. One bill is issued for the whole table, but the server can break out any portion of the bill by saying, say, seats 2 and 3 are now a separate bill. The system spits out a new check just for seats 2 and 3, marking those seats on the master bill as paid.

      Yeah, but if seat 3 is the guest of seat 1 and 2 and they both want to pay half plus their own, you can't. Or if they got two bottles of wine for the table (obviously not at Denny's), but seat 2 only had one glass, etc.

      Plus, keep in mind, this isn't for the process of splitting the bill, it's for a portable "select how much you want to pay and swipe your card" unit.

    3. Re:Prior art? by Anonymous Coward · · Score: 0

      Well, it may have been possible to sue IBM in the past... but my recently awarded patent for "method and apparatus for filing a lawsuit against IBM" may need to be licensed for a small but respectable fee.

    4. Re:Prior art? by Fallingcow · · Score: 1

      DO IT.

      I truly look forward to reading the resulting article(s). Should be fun.

    5. Re:Prior art? by coxymla · · Score: 1

      Sounds like a good idea, but remember to send 3% of your gross winnings/settlement to Apple. ;)

    6. Re:Prior art? by ThierryD · · Score: 1

      All right... Anybody have an idea HOW/WHERE I can claim this?

      Thanks...

    7. Re:Prior art? by John+Hasler · · Score: 1

      Where did you publish?

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    8. Re:Prior art? by ThierryD · · Score: 1

      The last version came out in 1997.

  24. This is interesting.... by zappepcs · · Score: 3, Interesting

    My knowledge of the credit card payment industry is not complete, but as I recall, the rate that a business pays for CC services is based on average transaction value and number of transactions per day/week/month/quarter. This would have a more than insignificant impact on that rate.

    It does however have some far reaching possible effects: If the patrons are paying at the table (no wait staff involved), the value of wait staff is reduced and the likelihood that they could be replaced by robotic wait staff is increased. Already wait staff are paid some of the lowest wages on the planet. If their value decreases, it could be interesting times for restaurant patrons.

    I'm not saying that robots could replace waitresses at Hooters, but there are places where robots could be used. It was always the payment end of things that made using robots impossible.

    1. Re:This is interesting.... by Anonymous Coward · · Score: 0

      Seems to me Hooters is one of the few places that definitely can't replace its waitresses with robots.

      They'd have to be very realistic-looking androids, at least.

    2. Re:This is interesting.... by Anonymous Coward · · Score: 0

      I'm not saying that robots could replace waitresses at Hooters,

      Clearly you've never been to Japan.

    3. Re:This is interesting.... by Anonymous Coward · · Score: 0

      Really? I think the payment end of things is the easy part - witness the fact that IBM has a system for handling it and everyone thinks it's not deserving of a patent. The hard part is the personal interaction, the ordering, the scheduling, the dealing with jerks. Find a robot that can do that.

    4. Re:This is interesting.... by LeoHat · · Score: 1

      I'm not saying that robots could replace waitresses at Hooters, but there are places where robots could be used.

      Why not? The waitresses at Hooters are already made of silicone. Silicon...Silicone...What's the differance?

      --
      The mistakes of a clever man are equal to the mistakes of a thousand fools.
    5. Re:This is interesting.... by 2short · · Score: 1

      "It was always the payment end of things that made using robots impossible."

      No it wasn't; that's ridiculous. I eat at several (cheap) restaurants that have you pay up front at the end - the wait staff doesn't do payment there at all, yet are still plenty busy. On the flip side, payment has to be the easiest part of a waitstaff job to automate.

      Good luck getting a robot to understand you want the pickles on the side, and swiss cheese, not cheddar; or to wipe down a table without breaking the salt shaker, or any of the other hundred tasks that will separately require pushing the state of the art, yet are trivial for a human.

      But automated payment? We do that now at the supermarket; what's so hard at the bistro?

  25. Finally! by chinton · · Score: 1

    Now there is a way to pay for those patented McDonalds sandwiches.

  26. Prior art by deathguppie · · Score: 1

    I once wrote a wxgtk python (might have been PyQt) script for a Zaurus hand-held for an ex-girlfriend who was waiting tables, that did exactly what this patent claims.

    All she had to do was create groups by selecting radio buttons beside the items on the bill with the stylus, and then clicking a button "new bill", and it would separate them and create a new bill for each group. The only thing is that she did have to go up to the register and put all this information in, but she was doing that before with paper.

    I also have to mention that I am not a real programmer. This is mostly back in the days I was dabbling at it. This isn't rocket science.

    --
    once more into the breach
    1. Re:Prior art by Anonymous Coward · · Score: 3, Funny

      I also have to mention that I am not a real programmer.

      No need to be redundant - you already said you used Python.

    2. Re:prior art by GiMP · · Score: 1

      Let the embarrassment of not having cash at the time begin! Really, I so rarely deal with cash anymore that I've been caught more than once going to a restaurant with friends, and realizing that I was the only one that didn't think to bring cash along. However, that *is* happening more rarely because all my friends have begun ditching cash as well, it is becoming rare that any of us have cash to pay the restaurant check.

    3. Re:prior art by dzfoo · · Score: 1

      Interesting signature, but I think you're forgetting something:

      blood=100C

            -dZ.

      --
      Carol vs. Ghost
      ...Can you save Christmas?
  27. IBM humorus patent list? by Trevelyan · · Score: 2

    Is there a list somewhere of all the humorous patents that IBM have applied for?

    e.g. this one

  28. You tip at McDonalds? by Overzeetop · · Score: 1

    I know, I got the joke...but I'm taking this opportunity to rail at recent restaurant prices. Mods, fire up that Off Topic label...

    [rant]
    Now, I'm doubly screwed since the lovely state of Virginia allows a fairly high meal tax (11%) for a state which also has an income tax, but I've been noticing an alarming trend in drink prices.

    A large drink at a fast food joint has been creeping up, and unless you're on the dollar menu (what is now termed a "small", though the cup is 22oz) a large is north of $1.79. Go out to a chain restaurant (Red Lobster, Olive Garden, Outback, Red Robin etc. - or similar) and the drinks are now over $2. $2.29 the last time, if I remember, and the kids cup is $1.49. This was driven home last summer when I was in NC and it was cheaper for me to get a "happy hour" 12-14 oz premium tap beer for less than the iced tea.

    Oh, and just for the record, the last time I wandered into a burger joint where tips are common (that would be Red Robin, though I prefer the local joint at nearly the same price) a burger and fries was just shy of $10. So I suppose for me it's:

    Two burgers and fries: 20$ Two large drinks: 4.50$ Tax and tip: 6.50$ Getting paid for something most people can just do with simple mental math: PRICELESS.
    [/rant]

    --
    Is it just my observation, or are there way too many stupid people in the world?
  29. Great the just gave IBM a micropayments patent.... by foniksonik · · Score: 1

    Does anyone realize that this is how Micropayments work?

    Now there may be other patents which cover it, IANAPL, but it looks just like what happens when Apple clears out an iTunes Store payment block.

    So micropayments is like this.... you let a bunch of people buy things for very low prices (too low to process via Credit Card without the processing fee canceling out the purchase or costing you money).

    OTOH this could force Apple for instance to go to a Credit purchasing system like other companies that sell lots of low priced items... where you have to buy a block of credits.

    You accumulate those payments until they equal a block large enough to process... then you SPLIT the TAB and pay for it with multiple credit cards via one charge.

    Credit card companies allow you to do this. Now IBM has patented a method of carrying it out in an automated fashion.

    Now IBM doesn't typically sue companies on this type of thing but they could use it to pressure companies into sharing similar patents via a licensing swap.

    --
    A fool throws a stone into a well and a thousand sages can not remove it.
  30. Prior art? by morgan_greywolf · · Score: 1

    I think Denny's may be able to claim prior art here. Denny's has a system that splits the check by seat. Each seat gets a separate section in the bill. One bill is issued for the whole table, but the server can break out any portion of the bill by saying, say, seats 2 and 3 are now a separate bill. The system spits out a new check just for seats 2 and 3, marking those seats on the master bill as paid.

  31. NO IT'S NOT!!!! Damn... by somethingwicked · · Score: 4, Interesting

    Really. A 20 second glance at the patent link answered this.

    Should they be able to patent this. Not likely...its an obvious idea but they are making something than CAN do something very useful.

    BUT, even if you ask for seperate checks up front, this approach is very attractive.

    Think about being out with a large group, trying to make it somewhere by a certain time, trying to hunt down the waitstaff because everyone's ready NOW vs. when they came by 20 min ago and one person was still eating, identify who got what, how much to put on what card, wait for them to ring it up, put slips in little balck books, bring em back, hand them out, etc.

    Device shows check.
    You can select the items you had through the touchscreen interface.
    It gives a total.
    You pay your part.
    You FN leave.

    --

    ---"What did I say that sounded like 'Tell me about your day?'"---

  32. cell phone by Howpostsgetratedsuck · · Score: 1

    If they put a phone number and bill number at the bottom of the check, each patron could call the number, enter the bill number, and pay his portion of the check by amount and credit card # (CC# possibly encoded in the phones memory, passwd for security, etc..). I'm sure application software can make it work on even the smallest cell phone lcd. Oh dam! Public disclosure. Now I lost my patent!

    1. Re:cell phone by Howpostsgetratedsuck · · Score: 1

      Second innovation. Possible subclaim or an entirely new patent! Have it charged to the phone bill. Dam! Now I lost two patents.

    2. Re:cell phone by Anonymous Coward · · Score: 0

      Paying for things linked to a cell phone already has prior art, even if that isnt exactly what you said...

    3. Re:cell phone by John+Hasler · · Score: 1

      In the US you have a year to file after disclosure.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  33. sounds convenient by ldierk · · Score: 1

    Is it patent worthy? I don't know. But I sure like to such a device in restaurants. It really gets messy when you are at a table with >10 friends. It's really a hassle to hand 10 credit cards to the waiter. It never happens that everyone ( or even most of the people ) have cash. Picking your items on a touch screen, enter a tip percentage, swipe your card - sounds really convenient to me.

  34. Going Dutch by Anonymous Coward · · Score: 0

    The patent should be applied for in Holland, they have the experience.

    Ernst

  35. Tag: whocares by Sun.Jedi · · Score: 1

    The cost of royalties for these devices will be included in the price of the device from the vendor. I highly doubt there is a large enough percentage that will be passed onto consumers. This is about as worrisome as a cloudy day on the reality scale.

    On the stupidity scale, stating "separate checks" before you start your relationship with a vendor who bought one of these devices should negate the need for trickle down costs, because the patent was not followed. We'll probably never know the difference, however. There is a small chance the royalties/payment will not even change the POS landscape, aside from not allowing NCR (and other POS device manufacturers) to duplicate the process in their POS devices.

    Vendors have a choice to say "screw you", and simply not purchase the process. A calculator seems to fill niche more than adequately.

  36. prior art by 2gravey · · Score: 3, Insightful

    There's already a method of paying at the table and it does include splitting the bill between as many patrons as you like. They call it "cash".

  37. Europe has been using handheld terminal at tables by Anonymous Coward · · Score: 0

    In Europe, wait staff hand you a wireless device to swipe your card, then enter your PIN. Afterwards you select the gratuity.

    Meanwhile here in the USA, my local Denny's restuarant leaves a check that has subtotals by each 'seat #' including tax.

    If IBM can make a device that could be passed around the table so each person or sub group can pick their items off the check, including equal share of a bottle of wine, then swipe or leave cash, it would make it easier for larger group meals.

    I for one would enjoy not having to drop 'another' twenty because someone didnt contribute their share.

  38. re: portable terminal at the table by King_TJ · · Score: 2, Interesting

    Yeah... I actually thought of this back in the mid 90's, when going out to lunch with fellow I.T. co-workers. At that time, everyone said "Wow... why DON'T restaurants have that already, anyway??"

    To this day, it seems they still don't.

    Long ago, I decided the problem was one of the expense of the hardware, vs. one of people "coming up with the idea".

    Almost all restaurants use Point of Sale systems provided to them under contract by one of only a handful of providers out there (IBM being one of them). My buddy works for one such company right now, and they definitely have a little market niche. The touch-screen terminals and software are proprietary, and although large users manuals may be provided for modifying the software, 99% of people in the restaurant business have no time or inclination to tackle doing all of that themselves. Therefore, they're stuck paying huge hourly fees for changes every time they re-price some things or change around menu items, or ??

    I can see, now, how tough a "sell" it would be to convince a small restaurant they should pay for a secure wireless network and all of these proprietary card readers for EACH table, PLUS however much money for a corresponding software upgrade to the PoS software back-end.

    They're going to say "No obvious bottom line cost savings? Just something to save my waiter or waitress from doing an extra little bit of work? Umm.... no."

  39. A valuable intellectual contribution by golodh · · Score: 2, Funny
    IBM's new patent U.S. Pat. No. 5,933,812 constitutes a valuable and timely intellectual contribution with immediate application to the real-world economy. It is a shining example of US ingenuity and the wisdom of the Founding Fathers which basically holds that "anything under the sun" can (in principle) be patented.

    A guaranteed way of evenly splitting a Restaurant Bill (note: the patent may have even wider applicability !) will help ensure that restaurant patrons will not, in these economically troubled times, be driven to ramp down their much-needed demand for the professional hospitality industry due to irrational and unjustified fears over how to divide the bill. Its importance cannot be overestimated and forms the basis for the continued economic viability of a branch of industry with a rich history which America can rightly be proud of.

    In principle IBM would be within its rights to take the view that restaurants are responsible for unlicensed use of this invention on their premises and to demand a license fee for this invention from each and every restaurant on US soil. As an added benefit, after obtaining a license, restaurants would be empowered to apportion the fees payable for the use of IBM's Invention for apportioning restaurant bills by their clientele, to their clientele using IBM's patented invention.

    In addition IBM would be in a position to institute RIAA-like proceedings against any restaurant that fails to promptly obtain a proper license for IBM's ground-breaking technology. Failure to properly license this technology would raise the gravest questions about the good-faith intentions of these establishments. I am certain we can all agree that unlicensed use of this intellectual property is Theft, and should be met with a zero-tolerance policy.

    However, I urge IBM not to do this. On the contrary, I firmly believe that it is IBM's patriotic duty to make this patent available for general use for all restaurant bills that are generated by patrons who meet to discuss Open Source issues on the premises and who are prepared to publish their Restaurant Bills in the public domain under the GPL license.

    I trust that IBM, given its commitment to the use of Open Source world-wide, will assume its responsibility in this matter and allow individual restaurants to refrain from charging license fees for the use of this Invention if they are satisfied that the issues discussed on their premises consist for at least 75% of the time of Open Source topics. Restaurants are in a position to verify this through the simple expedient of having their waiters listen in to conversations where those waiters currently do not record such proceedings. Following precedents set in the telecommunications industry, it is clear that it is only fair and reasonable to require Restaurants to keep logs of topics discussed and the time allotted to each topic.

    Restaurants who are in compliance with this monitoring scheme should then be allowed to pro-actively deduct the fees payable from the annual licensing plan.

    In order to ensure fair dealing, Restaurants would of course agree to accommodate un-announced spot-checks on the topic of conversation of patrons of their establishments, either in person by designated IBM personnel, or remotely through audio-pickups to be installed at every table.

    1. Re:A valuable intellectual contribution by 2short · · Score: 2, Funny

      You know, if you took a tenth of the time you spent constructing your parody, and read the fucking article... you wouldn't look so foolish.

      It's not a patent on splitting checks.

    2. Re:A valuable intellectual contribution by Anonymous Coward · · Score: 0

      hummm....
      Who looks foolish here?

  40. Its not a "split the checks patent" its... by voss · · Score: 1

    its a patent electronic device that allows all diners to pay for their bills separately with only one check for the waiter to deal with.

    Its a damn good idea and would speed up customers getting seated at resturants.

  41. Cost-cutting measure by Iluvatar · · Score: 3, Funny

    No no, this is really a cost-cutting measure!

    From now on, IBMers can legally get their guests to pay for their food ("royalty fee", capice?). Better watch out if an IBMer invites you to dinner!

  42. People should not meddle in these things by stoofa · · Score: 1

    "Numbers written on restaurant bills within the confines of restaurants do not follow the same mathematical laws as numbers written on any other pieces of paper in any other parts of the Universe." -- Douglas Adams

  43. International prior art? by Anonymous Coward · · Score: 0

    This kind of application has existed in Izakayas (a bar and grill style restaurant) in Japan since at least 2003. Using a tablet PC you are able to order whatever/whenever you want, pay at the table, and split up the check however you need. Does prior art apply if it's outside the United States?

  44. Re:NO IT'S NOT!!!! Damn... by cayenne8 · · Score: 2, Insightful
    "Think about being out with a large group, trying to make it somewhere by a certain time, trying to hunt down the waitstaff because everyone's ready NOW..."

    I don't think it is that big a deal...I've gotten used to no split checks in New Orleans, most restaurants I go to do not split checks.

    Simple...you add in the 20% tip to the total, split that evenly amongst the people there...pay and go.

    The only time you usually have a problem with this, is if you have a table full of chicks, who insist on whipping out the calculators and separating everything out to the penny.

    I mean geez...if you can't afford to go out to eat with the group, don't go. Sure sometimes you pay a little more...some times a little less..but, it adds up in the end.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  45. IBM as a patent savior... by Anonymous Coward · · Score: 0

    ...is like Microsoft as the OS savior.

    When I worked for IBM (admittedly, about 6 years ago), they'd brag annually about how many patents they'd gotten, and how IBM's patent portfolio was so much larger than anyone else's.

    Sure, times changed a little, but IBM's new policy is clearly a marketing stunt to cover up a systematic effort to patent everything and anything. Just like MS's "Secure Computing" initiative was a marketing initiative used to paper over bad code.

    Don't be fooled--IBM is run by the marketers and "career executive" spin control people, not the technologists. They'd rather stick a shiny label on something than try something new. The evidence is right there in front of you.

  46. Re:NO IT'S NOT!!!! Damn... by CaymanIslandCarpedie · · Score: 5, Funny

    If IBM hasn't already patented the below, I sure plan to!

    private decimal IBMPatentValue()
    {
       Patent newPatent;

       foreach (Patent oldPatent in PatentOffice.Patents)
       {
          newPatent = oldPatent.Clone();

          //here is the inovative part!!!!!!
          newPatent.Text += " with a computer.";

          newPatent.Submit();
       }

       return decimal.MaxValue;
    }

    --
    "reality has a well-known liberal bias" - Steven Colbert
  47. Re:NO IT'S NOT!!!! Damn... by tompaulco · · Score: 1

    You sound like a sexist, but I can vouch that this does happen. There was one girl I used to go to breakfast with on Sundays and she would get out the calculator to figure out how much was hers and how much was mine. Then she would find out 20% of the total and divide that in half and add it to each of our totals. Since I usually spent less on breakfast than her, I ended up paying well over 20% on tip. I tried to get her to calculate 20% on each of our totals, but she insisted that that wouldn't add up right to 20% of the check. Of course, I was just a BS in Engineering while she was a lofty business major dropout, so what do I know?

    --
    If you are not allowed to question your government then the government has answered your question.
  48. Windows has encountered an error by Deadstick · · Score: 1

    Somebody's light.

    [Back]
    [Ignore and Stiff Waiter]
    [Cancel]

    rj

  49. One word by Phaedrus420 · · Score: 0

    Blendtec(R)

    --
    And what is good, Phaedrus, And what is not good... Need we ask anyone to tell us these things?
  50. Re:NO IT'S NOT!!!! Damn... by billcopc · · Score: 2, Insightful

    If the waiter isn't willing to produce individual checks, I wouldn't be willing to produce a 20% tip. How hard is it to hit "Print" in-between each item ?

    --
    -Billco, Fnarg.com
  51. Re:NO IT'S NOT!!!! Damn... by vux984 · · Score: 2, Insightful

    I mean geez...if you can't afford to go out to eat with the group, don't go. Sure sometimes you pay a little more...some times a little less..but, it adds up in the end.

    No it doesn't. Some of my friends pound back 9$ drinks through a meal, others drink water. Some order steak EVERY time, others order a chicken salad, or a club sandwich.

    And there is no reason someone who orders 25$ worth of food should have to split the bill evenly with the guy who had a $30 entree and another $50+ in booze. And when we go out to dinner -again- it won't even out, it will just get further out of balance. Because we consistently pick the same items and drink choices.

  52. Anonymous Coward by Anonymous Coward · · Score: 0

    Sigh. I should file a patent of my ass wiping method

  53. Split-p soup? by Danny+Rathjens · · Score: 1

    [Once, when we were at a Chinese restaurant, Bill Gosper wanted to know whether someone would like to share with him a two-person-sized bowl of soup. His inquiry was: "Split-p soup?" -- GLS]

    http://www.catb.org/~esr/jargon/html/p-convention.html

  54. Re:NO IT'S NOT!!!! Damn... by cayenne8 · · Score: 1
    "If the waiter isn't willing to produce individual checks, I wouldn't be willing to produce a 20% tip. How hard is it to hit "Print" in-between each item ?"

    Well, to be fair...MOST of the restaurants in NOLA are not chain restaurants, many are old, small, family owned (and the BEST)...and often work on hand written checks, etc. So, there is no computer or print button.

    But even so...many places with computers just have it as tradition in the city that you don't have separate checks. Heck, there are still a large number of restaurants down here that are cash only, no credit cards at all...so, you remember to bring cash, or use the ATM they have there (I don't like this, charges too much to get my money out).

    But, don't assume that all places have a "Print" button on a POS system. That is mostly chain restaurants, which I pretty much detest anyway. I'd rather cook at home than eat those pre-made, frozen, Cisco prepared meals. When I go out, I want stuff make pretty much from scratch with quality local products...and service. But that's another thread...

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  55. Re:NO IT'S NOT!!!! Damn... by cayenne8 · · Score: 1
    Well, I'm speaking mostly for lunches...where no one is pounding back booze (gotta go back to work, etc)...and that is pretty much the only time you generally (at least with me) go out with a large group of people 6+...

    Anyway, we all eat about the same amount give or take....and I'm not gonna argue $5 here or there..that's pocket change. Most everyone I hang with eats and drinks about the same anyway. And if it is dinner with friends...ok, usually we can take turns with buying wine, etc. Then again....at night in a fine dining situation, it is rarely with more than 4 people, so divvying it up is pretty easy. When I order, I keep a running general tab of what I had in my head, that isn't rocket science...and if it comes to not splitting the check evenly...I know how much to throw in. I just hate doing that usually...because often people don't tip enough....or calculate tax.

    But, in general...with me at least, large groups are lunches, we all eat about the same, booze isn't in the quotient, and we all just pitch in evenly, unless we are treating someone for a B-Day or something..in which case...we divide the check by one less and that person doesn't pay.

    I just can't stand dining with cheapskates tho...if someone bitches about $1-$5...they don't generally get asked to go eat with the group again. If you have to worry about that little money...you should probably consider cooking at home, and bringing your lunch (which I actually do 99% of the time. I'd rather not eat fast food, and when eating out, eat somewhere nice.).

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  56. US restaurants force common bills = bigger profit by peter303 · · Score: 1

    That was in one of the blogs. Many wait-staff will refuse separate checks arguing inconvenience or low-class.

  57. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    I'd be more worried that she couldn't add a few simple numbers together, or divide them up again after, without the help of a calculator.

  58. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    And some douchebag (A good friend's 'plus one', probably) doesn't select those three drinks they had, and someone still gets stuck with something that's not theirs.

    Fail.

  59. Re:NO IT'S NOT!!!! Damn... by Gwyn_232 · · Score: 1

    Just go dutch, you cheap fuckers

  60. Re:NO IT'S NOT!!!! Damn... by SpectraLeper · · Score: 2, Funny

    I'd rather cook at home than eat those pre-made, frozen, Cisco prepared meals.

    That would be Sysco .

    I don't think anyone, not even people on Slashdot, would eat premade, frozen routers.

  61. Obvious or not? PTO should decide this way: by KWTm · · Score: 4, Interesting

    I thought of an idea some time ago to get rid of obvious patents, like the (not-so) Amazing One-Click. It would mean less work for the PTO (Patent/Trademark Office), too. The case of prior art might be considered a special case of "obvious" (or known) patents. See what you think:

    When someone submits a patent, claiming to have found (let's say) A Wondrous Way For Customers to Order What They Want By Clicking The Mouse Only Once, the PTO would publish the claim. Not the contents of the patent, simply the claim itself, the problem that the patent claims to solve. They would give the general public some set time, say 30 days, to come up with some way to solve this problem. "We have a patent application claiming to offer A Wondrous Way For Customers to Order What They Want By Clicking The Mouse Only Once. Can anyone come up with how this might be done? If someone gets a valid submission in within 30 days, then this patent will be considered obvious."

    People who would be motivated to work hard to look for a solution within the allotted time would include, besides the Slashdot crowd, firms who have a vested interest NOT to pay licensing fees every time they want to use the invention. They would have some idea what sort of patent apps might be coming down the pipeline. PTO doesn't have to figure out whether a patent is obvious (which is good seeing as how they're doing a pretty lousy job of it). As for prior art, if the public can come up with a way to solve the desired problem using prior art, then that's another sign that the patent is obvious! Of course, these submissions tbhemselves of "that patent is so obvious even I could come up with something in 30 days" would be published and be available to the public.

    Some patents, including algorithmic software patents, are worth patenting. The MP3 algorithm, for example, was the result of hard work and research. If the PTO had given the public a chance to come up with "A Way to Compress Sound Files With Unnoticeable Loss", people might not have been able to produce a solution in 30 days, showing that the MP3 patent is not so obvious. Someone might have come up with a different solution (Vorbis, FLAC, etc.), and that would be okay but the MP3 patent would be granted. (Of course, then large firms might have used Vorbis instead of paying the MP3 fees.)

    What do you think?

    (I posted this comment before, but too late to generate any discussion. I'm reposting it to see whether you think this would be a valid test of whether a patent is "obvious".)

    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
    1. Re:Obvious or not? PTO should decide this way: by richlv · · Score: 1

      that's quite an interesting idea. it seems to me also to be way better than post-acceptal busting.
      too bad usa patent office would the most useless place to suggest this :)

      --
      Rich
    2. Re:Obvious or not? PTO should decide this way: by palantir0 · · Score: 1
      Not a bad idea. Watch it, someone might patent it then the patent office couldn't use it.

      Too bad this is too logical.

      Cheers

    3. Re:Obvious or not? PTO should decide this way: by sydbarrett74 · · Score: 1

      I think you should patent your patent reform idea.

      --
      'He who has to break a thing to find out what it is, has left the path of wisdom.' -- Gandalf to Saruman
    4. Re:Obvious or not? PTO should decide this way: by GumphMaster · · Score: 1

      Your system only provides a certain patent rejection if someone else submits exactly the same solution inside the time limit...something I think exceptionally unlikely. The rest of the time it provides what we have now.

      In the case of MP3 versus Vorbis both offer valid solutions to the stated problem of "A Way to Compress Sound Files With Unnoticeable Loss". So, a valid solution is being submitted inside your time limit but you are making a value judgement that it is "sufficiently different" from MP3 and allowing that patent.

      If, on the other hand, you rejected the MP3 patent because Vorbis submission was not "sufficiently different" you have another problem. The PTO now has to record the submitted alternate solutions and ensure that they are never granted a patent at the expense of the first applicant.

      Either way we're in the same grey areas and the land of litigation.

      --
      Patent litigation: A doctrine of Mutually Assured Destruction... in which everyone seems willing to push the button
    5. Re:Obvious or not? PTO should decide this way: by Mindcontrolled · · Score: 1

      If you want to go that way, you gotta publish the underlying technical problem of the invention, not the claim - the claim already contains the solution. However, in some cases, the major inventive step is contained in finding the problem, while the solution is rather trivial. In some cases, everyone skilled in the art failed to acknowledge that there even is a problem to be solved. Your approach wouldn't work there. Another problem is that if the public would submit a solution within the set time frame - it still might very well be inventive. I don't see how your method can weed out the obvious ones without generating too much false negatives. IMO, the solution is more simple. Increase staff at the USPTO. Reform your system to something more similar to the European one. I am a patent attorney in Europe, and we don't have half the problem with trivial patents and patent trolling like you guys over there.

      --
      Ubi solitudinem faciunt, pacem appellant.
    6. Re:Obvious or not? PTO should decide this way: by Anonymous Coward · · Score: 0

      Well, duh, the idea is genius, because it's my idea. Except that my idea was that maybe more than one submitter had to come up with the same idea. So your idea is sub-genius but, really, very close. Unfortunately for you, I patented the idea. So send me my license fee! You're a sub-genius so you should be able to figure out how to get the money to me.

  62. Do it the Greek way... by dogganos · · Score: 1

    everyone out of N persons pays 1/N of the bill, resulting in the paradoxical increasing of value for money: The more you eat, the less you pay!

    Oh, and don't forget to give a contempting glance down to those cheapy miserables who have the face expression of '...but I only got a diet Coke... :-('

  63. What are all those patents for? by mindflow · · Score: 1

    Why do IBM continuously chase new patents? It's not because they plan to license all unapproved uses of their patents. Rather it's to give IBM leverage in acquisitions of companies. With so many patents owned by IBM, many companies are bound to infringe on some patent owned by IBM.

  64. you actually need this if you work for IBM by Anonymous Coward · · Score: 0

    where you _have_ to split the check and provide full documentation
    if you want to expense it (and your share better not exceed $35 either).

  65. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    Just undoing a mistake moderation.

  66. Re: portable terminal at the table by Fallingcow · · Score: 1

    Here's a "me too" on the "thought of this exact same thing years ago". Like, 7 or 8 years ago.

    I'd have shelled out the money (not a whole hell of a lot) to create a prototype if I'd thought it was patentable, but I just figured it was so obvious that it couldn't possibly be, and assumed some trendy, expensive restaurant somewhere was already using something similar anyway.

    Add it to the list, I guess. If I'd had any idea that it'd be so easy to patent, "doing task that could VERY OBVIOUSLY be done with a computer... WITH A COMPUTER!" or "doing task that involves a large number of records... WITH MYSQL!" 10 years ago, I'd be rich.

  67. EU vs. US credit card reader ?!? by DrYak · · Score: 1

    We live in a credit card/debit card world now {...} and that sort of thing is actually needed.

    Are the US credit card readers anyway special ? Do they force you to pay only the exact amount which was transmitted from the billing machine ?

    Here in Europe they are simple machine with a key pad. The waiter can type some arbitrary sum of money on the pad and they you put your card and said amount is transferred to the restaurant.
    (Shops and stores, on the other hand, have a mechanism to copy paste an amount from the billing machine to the card reader to avoid re-typing the number in simple situations).

    It the exact same procedure as taking an arbitrary amount of cash from your purse and handing it to the waiter.

    Paying bills split in a complex manner isn't any more complicated that having different patron handing varied amount of cash :
    Just debit each one's card in turn - exactly the same way as you would get the cash handed by each one.

    The only difference is the speed of the procedure (slower because of all the typing/server communication/signature or pin check required).

    In fact this system is much more versatile than IBM's patent :
    the current system allows completely arbitrary sums to be transfered. A "checkbox to select what you pay" limits you to only 1 person paying 1 item.
    Here around it's often customary to split the bill for the wine among all drinkers, but then each one pays only what he/she ate. This can't be done with a checkbox interface, except if the interface becomes much more complicated. But then it will be several orders of magnitude slower and more complicated than simply doing the math mentally and giving arbitrary sums.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:EU vs. US credit card reader ?!? by bigstrat2003 · · Score: 1

      Here in Europe they are simple machine with a key pad.

      As a rule, this is what they are in the US as well. There are plenty which are hooked into the POS system, though, so it's not guaranteed.

      --
      "16MB (fuck off, MiB fascists)" - The Mighty Buzzard
  68. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    Don't forget "...on the internet" and "...on a mobile phone".

  69. Free lunch for the USPTO . . . by PolygamousRanchKid+ · · Score: 1

    . . . well, duh, if I was a Patent Attorney at the USPTO, and this one wandered across my desk, I would have screamed to my colleagues, "Dudes! Free Lunch for the price of a soup!"

    . . . and then delayed the process for as long as possible.

    Do you believe that?

    No, I don't either, but given this story, nothing seems to make sense.

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
  70. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    Laziness or an inability to calculate on the part of my friends should not affect the size of my restaurant bill. I mean, Jesus, all you have to do is look at the bill and add up your items. It's not diff-eq. If I go out and eat a salad, I'm not paying for some asshole's lobster thermidor. Fuck!

  71. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    So, you take issue with people who value money? I don't care if one dollar isn't very much money, that doesn't mean I'm just going to start giving cash away to arrogant fuckers who want me to pay for their lunch. I'd probably be happy not being invited back. I probably would have dreaded going to lunch with you in the first place. I hate you.

  72. but is this patent worthy by EdelFactor19 · · Score: 1

    product idea, cool and yes itd be awesome
    but is this patentable? I disagree

    new? perhaps, arguable.
    novel? no; takes well known things
    non-obvious: fail; its called a calculator. The computer isn't doing any operation we don't know how to do. Many waiters / waitressess already do this kind of thing in their heads, or through check splitting. If they don't someone at the table pulls out a cellphone w/ a calculator and we do this ourselves.

    All this patent really does is add very obvious things to other EXISTING patents / prior art. Basically this is taking the automated checkout from the grocery store and sticking it at your table.

    Cool idea? yes.
    would i like to see some form of it deployed in restaurants here and there? sure
    but is it truly patentworthy? I really don't think so; and more than anything else firmly believe that the IP captured in this patent does nothing but preventing someone from doing something they already know how to do. This smells a lot like patenting an algorithm / implementation.

    Sadly this probably just decreases the liklihood we'll ever see it because licensing will probably just raise the costs of such a device.

    --
    "Jazz isn't dead, it just smells funny" ~Frank Zappa
    EdelFactor
  73. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    Look, I'm not paying for Charlie's six beers when I didn't drink and that guy had a meal that cost 3 times what mine did. I'm not splitting this check evenly moron!

  74. Re:NO IT'S NOT!!!! Damn... by digitalsolo · · Score: 1

    They're actually not that bad with enough Frank's Hot Sauce on them.

    But even I won't lower myself to chewing on a PIX box.

    --
    Just another ignorant American.
  75. Make-work projects by Anonymous Coward · · Score: 0

    You guys really know how to keep lawyers employed in the U.S.

  76. What about the counter-submissions? by Anonymous Coward · · Score: 0

    OK, so let's imagine someone submits the MP3 algorithm as "a way to compress sound files with unnoticeable loss." In an attempt to prove it's not obvious, someone else submits the AAC algorithm. Now, the MP3 patent is granted, but what about AAC?

    It would seem like we'd have to do the same process for AAC. We'd have an infinite regress of people trying to debunk others' patents, and worse still, there'd be a time limit. This could really screw up business plans, where we'd have to divert resources to solving the same problem over and over again to prevent "obvious" patents.

    The other alternative would be to make AAC public domain, but then there would be no incentive to submit your own solutions when you could just patent them later.

    It's an interesting idea, but I think the problem I've outlined is pretty significant. Or maybe you don't see it as a problem, but it would certainly change how businesses operate.

  77. so this is what IBM research is up to by Anonymous Coward · · Score: 0

    Went to visit TJ Watson a while back, people were twiddling their thumbs. Now I understand they don't need to work, the money is coming in anyways.

  78. (OT) "check" by g0at · · Score: 2, Interesting

    Why do Americans refer to bills/invoices as "checks"?

    -b

    1. Re:(OT) "check" by Anonymous Coward · · Score: 0

      I'm an American and I have no fucking idea.

    2. Re:(OT) "check" by againjj · · Score: 1
      Cribbed from http://dictionary.reference.com/browse/check:

      Word History: The words check, chess, and shah are all related. Shah, as one might think, is a borrowing into English of the Persian title for the monarch of that country. The Persian word shah was also a term used in chess, a game played in Persia long before it was introduced to Europe. One said shah as a warning when the opponent's king was under attack. The Persian word in this sense, after passing through Arabic, probably Old Spanish, and then Old French, came into Middle English as chek about seven hundred years ago. Chess itself comes from a plural form of the Old French word that gave us the word check. Checkmate, the next stage after check, goes back to the Arabic phrase shah mat, meaning "the king is dead." Through a complex development having to do with senses that evolved from the notion of checking the king, check came to mean something used to ensure accuracy or authenticity. One such means was a counterfoil, a part of a check, for example, retained by the issuer as documentation of a transaction. Check first meant "counterfoil" and then came to mean anything, such as a bill or bank draft, with a counterfoil -- or eventually even without one.

    3. Re:(OT) "check" by Anonymous Coward · · Score: 0

      I think they mean cheque. (They cant spell)

  79. BIM by Anonymous Coward · · Score: 0

    IBM - Idiotic Blundering Morons

  80. thx by Anonymous Coward · · Score: 0

    There are plenty which are hooked into the POS system, though, so it's not guaranteed.

    Ah, ok. Hence the "POS should be able to split bills" problem.
    I see better now, thanks.

  81. Plus a small fee & bounty... by Anonymous Coward · · Score: 0

    There are only two problems with this:

    1) armchair "experts" on slashdot would flood the patent office with lots of poorly thought out bogus attempts to nullify patents

    2) there is no incentive for true experts to attempt to nullify patents, unless they have a personal interest in doing so or their company pays them to do so

    The solution to this is to charge a small fee to submit a patent nullification, and there would be a bounty if you do so successfully. This would be paid partly from the fees, as well as partly through a payment required from the submitter of a nullified patent, to discourage filing obvious patents (or those easily nullified via prior art)

  82. Re:NO IT'S NOT!!!! Damn... by Mozk · · Score: 1

    Indeed it seems that this could revolutionize the field of Bistromathics!

    --
    No existe.
  83. Re:NO IT'S NOT!!!! Damn... by UncleTogie · · Score: 1

    Think about being out with a large group, trying to make it somewhere by a certain time, trying to hunt down the waitstaff because everyone's ready NOW vs. when they came by 20 min ago and one person was still eating, identify who got what, how much to put on what card, wait for them to ring it up, put slips in little balck books, bring em back, hand them out, etc.

    Most major restaurant point-of-sale systems handle this by clicking a couple of buttons. It's a feature we set up for our clients all the time. Does this mean that all these POS companies are required to pay IBM for something they already do?

    ...'n' before you reiterate "no, we meant AT the table..." there're wireless versions of the POS system I have in mind. Transaction happens right there at the table. I'm not gonna shill, so you'll have to check yourself to see who took over NextPOS...

    --
    Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
  84. Re:NO IT'S NOT!!!! Damn... by Ambvai · · Score: 1

    The last time I went with the split-the-bill-evenly, I paid about twice as much as I consumed. I don't drink, I don't take after-dinner additions and my meat of preference is chicken. Combine bottles of wine, 5$ cups of coffee and steak entrees that cost 50% more than mine...

  85. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    I've got this idea for a patent:

    A system for obtaining sexual pleasure without a partner by manipulating your genitals with your own hands.

    But then, I realized it was slashdot.

    Prior Art. Period.

  86. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    I hope Apple follows IBM's lead.

    - (void) ApplePatentValue:(NSPatentArray *) IBMPatentArray
    {
          NSEmumerator *pEnum = [IBMPatentArray enumerator];
          NSPatent *anIBMPatent;

          while((anIBMPatent = [pEnum nextObject]) != NULL){
                NSPatent *newApplePatent = [[NSPatent alloc] initWithPatent:anIBMPatent]; //here is the inovative part!!!!!!
                [newApplePatent appendTextWith:@" with a MultiTouch(TM) capable screen."];

                [newApplePatent submitTo:@"USPTO"];
                [newApplePatent release];
          }
    }

  87. Re:NO IT'S NOT!!!! Damn... by Kesch · · Score: 1


    private decimal IBMPatentValue()
    {
      Patent newPatent;

      foreach (Patent oldPatent in PatentOffice.Patents)
      {
          newPatent = oldPatent.Clone(); //here is the inovative part!!!!!!
          newPatent.Text += " with a computer.";

          newPatent.Submit();
      }

      return decimal.MaxValue;
    }

    with a computer.

    --
    If this signature is witty enough, maybe somebody will like me.
  88. Re:NO IT'S NOT!!!! Damn... by againjj · · Score: 1

    I mean geez...if you can't afford to go out to eat with the group, don't go. Sure sometimes you pay a little more...some times a little less..but, it adds up in the end.

    Unless you are the dude who doesn't buy the expensive drinks because you don't like them or the expensive meals because you are vegetarian and so end up subsidizing others' eating by $5 a pop every time. As you say, it adds up in the end.

  89. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    If they can't be bothered to itemise the bill, why do they deserve a 20% tip?

  90. Re:NO IT'S NOT!!!! Damn... by mgblst · · Score: 1

    Ahh, so you are the guy who orders the most expensive meal, plus dessert, and then expects everyone else to pay for it. Funny how it is always you dudes who don't want to fairly pay for their meal.

  91. Re:NO IT'S NOT!!!! Damn... by Falconhell · · Score: 1

    They dont, If the wages of such staff were decent there would be no need for tipping. Why should someone get paid for doing their job, for which their employer pays them.

    I have never needed to tip anyone in Australia
    it is virtually unknown.

  92. Both your concerns can be solved by KWTm · · Score: 1

    In the case of MP3 versus Vorbis both offer valid solutions to the stated problem of "A Way to Compress Sound Files With Unnoticeable Loss". So, a valid solution is being submitted inside your time limit but you are making a value judgement that it is "sufficiently different" from MP3 and allowing that patent.

    If, on the other hand, you rejected the MP3 patent because Vorbis submission was not "sufficiently different" you have another problem. The PTO now has to record the submitted alternate solutions and ensure that they are never granted a patent at the expense of the first applicant.

    Either way we're in the same grey areas and the land of litigation.

    Thank you for your comments (as well as those of your sibling posters). I do think I can address both of your concerns with almost no modification to my proposed system of Allowing the Public To Test for Obviousness.

    For the patent on "A Way to Compress Sound Files With Unnoticeable Loss": In the first case, suppose someone submits something quite different from the MP3 method; the MP3 patent is granted. That itself is not a problem; I'm all for rewarding inventors who come up with non-obvious ways to solve problems. What happens next is that the software engineer says, "Gee, I want to compress my music, but I can't afford to pay patent license fees. Why was there a patent on MP3? It seems *obvious* to brilliant old me! Didn't anyone submit any 'That Is So Obvious' submissions?" Then, on checking, the engineer finds that someone submitted the Vorbis counterexample. "Oh, joy! I will use the Vorbis solution instead of MP3." So, although the MP3 patent was not obvious enough to be invalidated, it was obvious enough for someone else to submit something similar, and thus the world is not forced to pay MP3 fees.

    Someone else might feel that Vorbis is not so good, and MP3 is the way to go, and this person might perhaps feel that it's worthwhile to pay the licensing fees. But it wouldn't be all or nothing. And, in particular, not every method of solving the problem is considered to be covered by the patent, but only that particular way,, since using Vorbis to compress sound has been shown to be "obvious".

    In the second case, where the MP3 method is considered to be obvious you fear that now the PTO has to keep track of what is obvious and what is not. But that's not true either. Let's say someone else submits a patent for Windows Media Audio format; suppose the patent examiner happens to be a Slashdot editor who can't recognize dupes (<insert smilie here>). The examiner just follows the usual procedure and says, "Here's a 'Way to Compress Sound Files'. Anyone know an obvious way to do this?" And then 200 people would submit the Vorbis solution, saying, "You asked that already, silly!" And that would be the end of that.

    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
  93. Re:NO IT'S NOT!!!! Damn... by Anonymous Coward · · Score: 0

    I'd rather cook at home than eat those pre-made, frozen, Cisco prepared meals.

    That would be Sysco .

    I don't think anyone, not even people on Slashdot, would eat premade, frozen routers.

    No, he probably meant Cisco's cafeteria food.

  94. Hm, nobody mentioned bistromatics :D by sihker · · Score: 0

    Douglas Adams:

    The Bistromathic Drive is a wonderful new method of crossing vast interstellar distances without all that dangerous mucking about with Improbability Factors.

    Bistromathics itself is simply a revolutionary new way of understanding the behavior of numbers. Just as Einstein observed that time was not an absolute but depended on the observerâ(TM)s movement in space, and that space was not an absolute, but depended on the observerâ(TM)s movement in time, so it is now realized that numbers are not absolute, but depend on the observerâ(TM)s movement in restaurants.

    The first non-absolute number is the number of people for whom the table is reserved. This will vary during the course of the first three telephone calls to the restaurant, and then bear no apparent relation to the number of people who actually turn up, or to the number of people who subsequently join them after the show/match/party/gig, or to the number of people who leave when they see who else has turned up.

    The second non-absolute number is the given time of arrival, which is now known to be one of those most bizarre of mathematical concepts, a recipriversexcluson, a number whose existence can only be defined as being anything other than itself. In other words, the given time of arrival is the one moment of time at which it is impossible that any member of the party will arrive. Recipriversexclusons now play a vital part in many branches of maths, including statistics and accountancy and also form the basic equations used to engineer the Somebody Elseâ(TM)s Problem field.

    The third and most mysterious piece of non-absoluteness of all lies in the relationship between the number of items on the bill, the cost of each item, the number of people at the table, and what they are each prepared to pay for. (The number of people who have actually brought any money is only a sub-phenomenon in this field.)

    The baffling discrepancies which used to occur at this point remained uninvestigated for centuries simply because no one took them seriously. They were at the time put down to such things as politeness, rudeness, meanness, flashness, tiredness, emotionality, or the lateness of the hour, and completely forgotten about on the following morning. They were never tested under laboratory conditions, of course, because they never occurred in laboratories - not in reputable laboratories at least.

    And so it was only with the advent of pocket computers that the startling truth became finally apparent, and it was this:

    Numbers written on restaurant bills within the confines of restaurants do not follow the same mathematical laws as numbers written on any other pieces of paper in any other parts of the Universe.

    This single fact took the scientific world by storm. It completely revolutionized it. So many mathematical conferences got held in such good restaurants that many of the finest minds of a generation died of obesity and heart failure and the science of maths was put back by years.

    Slowly, however, the implications of the idea began to be understood. To begin with it had been too stark, too crazy, too much what the man in the street would have said, âoeOh yes, I could have told you that,â about. Then some phrases like âoeInteractive Subjectivity Frameworksâ were invented, and everybody was able to relax and get on with it.

    The small groups of monks who had taken up hanging around the major research institutes singing strange chants to the effect that the Universe was only a figment of its own imagination were eventually given a street theatre grant and went away.

    Read from http://www.tudy.ro/2007/07/10/the-bistromathic-drive/

  95. Re:NO IT'S NOT!!!! Damn... by bobbagum · · Score: 1

    If you are a man, this is why most of us here don't have wives or girlfriends, but if you're a women, forget what I just said

  96. Re:NO IT'S NOT!!!! Damn... by dossen · · Score: 1

    How about this scenario - which happens to me quite a lot: You're out of town on a business thing, staying at a hotel. That means eating at a restaurant each night. I'm usually with coworkers, but they may be from different parts of the corp. We each have our corporate credit card and we each have an allowance for dinner each day. My choices are either to eat at a restaurant that will split the bill or not eat with my coworkers. And sometimes (say at a conference) the people I would like to eat dinner with might not even be from my own company. Either way, I need to bring home a bill that accurately (more or less) represents what I had - and more importantly is for the right amount. And no, I'm not going to start paying for it out of my own pocket - they don't pay me that well. Just as well we don't do tipping here (Denmark - not that nobody gives tips, but I've never needed to tip - other than to show actual gratitude for above-standard service).

  97. Re:NO IT'S NOT!!!! Damn... by voodoobettie · · Score: 1

    It's not unique at all, just automated in a different way than others have automated it in the past. I was at a restaurant a while back and my friend used his iPhone to calculate the bill and how much each of us owed based on what we ate. Pretty sure there's probably already an iPhone app that lets you do this. Perhaps IBM can patent mental arithmetic next.

    --
    Nobody can guarantee what's going to happen tomorrow, not even an admiral from the future.
  98. but that *is* obvious! by KWTm · · Score: 1

    In your concerns you cite above, it seems to me that what you consider to be "valid" patents are obvious by my criteria.

    However, in some cases, the major inventive step is contained in finding the problem, while the solution is rather trivial. In some cases, everyone skilled in the art failed to acknowledge that there even is a problem to be solved.

    If people don't realize there is a problem to be solved, the PTO can publish "The Problem To Be Solved" (P2BS) in a more general manner. In fact, we could make it so that the submitter of the patent application submits the wording for the P2BS. For example, if people have taken for granted that they must (let's say) line up to buy tickets, and the submitter wants to say, "My idea is that we don't have to line up at all, but I don't want to give it away," then s/he can submit the P2BS as "the problem of frustration when buying tickets" etc. Then other people submitting Counterexamples Of Obviousness (COO) might come up with ways to make the queue move faster, but not hit on a way to dispense with the queue altogether. But this makes the P2BS rather vague, and I'm not sure that the patent is particularly valid.

    Another problem is that if the public would submit a solution within the set time frame - it still might very well be inventive.

    Perhaps this cuts closer to where you and I differ. If the public submits a COO within the time frame, the patent "still might very well be inventive", but it's obvious and should not be granted. This happens all the time in software. There is a special situation that needs special algorithms, which are quite inventive, but if someone else can easily come up with the same inventive algorithm, I don't think you can justify granting a patent that will lock other people out of using your obvious inventive invention for the next X years. I mean, you see inventive solutions generated all the time --just go to any library and take a glance at books on "How To Stimulate Your Creativity" etc. In fact, someone on Slashdot provided a link to a web site that provides such inventive ideas:
    http://thesurrealist.co.uk/priorart.cgi?ref=Prior_art_by_Mindcontrolled

    IMO, the solution is more simple. Increase staff at the USPTO.

    Here is an example of the antithesis of an inventive suggestion. In this economic climate, you think that the answer to the upswell of patent trolls is to throw more money at the PTO? Tell the PTO to work even harder? I guess throwing more money at a problem can be a solution to any problem. I was looking more for ways to harness the energy of the motivated public, and make it easier for any given size of PTO.

    --
    404555974007725459910684486621289147856453481154 in hex is "You sank my Battleship?"
    [GPG key in journal]
    1. Re:but that *is* obvious! by Mindcontrolled · · Score: 1

      Don't get me wrong - I am not saying your idea is without merit. You raised an interesting point that needs more thought.

      On the topic of obviousness: Yes, our definitions vary. "obvious" and "inventive" are technical terms in patent law that differ from what you might expect. When you publish a problem to be solved, and someone comes up with the same solution as the applicant, I simply cannot prima facie state that this solution is obvious. The one person that came up with it could very well still have put a lot of creativity into it and thereby simply invented it a second time.
      Now, if 10, 50, 100 people came up with the idea, this would be a pretty good hint at obviousness. If you want to make this work, you need a robust metric to quantify the contents of the public responses.

      On the topic of increasing staff at the USPTO: I am with you that this can't be the be-all-end-all solution. The systems is indeed in need of a reform. Again, I'd like to point you to Europe. The European Patent Agreement seems to work way better than US law in this regard. We have some US clients here that try to get their US patents approved at the EPO. I usually advise them to just give up if they bring me something utterly obvious or a pure business method or software patent. If they instruct me to try it, it most often gets shot down by the EPO, or I have to seriously butcher it to get to one valid claim. In my opinion, the european system works quite well - although it has its shortcomings, too. Less trolling, too, as most patent cases are dealt with by specialiced courts with technical judges - 2 out of 3 judges of a senate ruling over a case hold a science or engineering degree, the other one a law degree. Makes it hard to bullshit them on technical matters...

      Hope that clarified my position a bit. Feel free to drop me a line on the weekend if you want to discuss this further. Gotta wrap my head around some decidedly non-obvious application now...

      --
      Ubi solitudinem faciunt, pacem appellant.
  99. Anyone noticed Canadian PM in TFA? by V.11.1997 · · Score: 1

    Anyone noticed former Canadian Prime Minister Paul Martin and his wife Sheila (left & center) as one of those "Caltech physicists" in that Onion article mentioned in TFA?

  100. Re:NO IT'S NOT!!!! Damn... by avoiceinthewildernes · · Score: 1

    I've heard this point from Australians before and it is annoying and pointlessly self-righteous. Waitstaff often make excellent wages with tips in US (and other places with tipping)--considerably better for a good worker on a good night than they would make without the practice. The gripe about "decent wages" is almost entirely a matter of accounting.

    Not every worker prefers security of income over the opportunity to make more at the expense of security. To make one or the other practice out to be normatively superior is to declare the wish to lord it over others by substituting your preferences for theirs. NOTE: I am not saying the practice of tipping is normatively superior either. I'm sure there are waitstaff who would prefer to do without it. (All the same, I know plenty of waiters and waitresses who would be appalled by the idea that you or some other do-gooder wants to do them a "favor" by replacing their AWESOME income with merely "decent wages.")

    Finally, to emphasize how this sort of payment practice is ultimately a matter of accounting: I rather like the fact that the waitstaff is being paid by ME for doing ME a service. Why should he/she be paid by the middleman who happens to own the establishment?? By what rationale would that be any morally superior?? (Remember, you don't get to substitute your preferences for income security for others' decisions. These people are grown-ups who can choose for themselves.)

  101. Incentive for counter-submission? by Anonymous Coward · · Score: 0

    Then, on checking, the engineer finds that someone submitted the Vorbis counterexample. "Oh, joy! I will use the Vorbis solution instead of MP3."

    OK, so you've just implicitly responded to my post. You've essentially said the counter-submissions would be public domain. So, what is the incentive to make counter-submissions?

    It seems the major incentive is to keep the method open for your own use (or maybe the use of others, but that would essentially amount to charity). The problems here is, I don't think many companies will (1) realize within the 30-day time limit that they may, at some point, want to use this method; and (2) have the resources to actually create a counter-submission. At the very least, they are going to have to dedicate more resources to this new process.

    Another AC suggested giving financial reward, though the idea there seemed to be a pool from counter-submission payments. But how many people would be submitting? If nobody else does, you get nothing. If a hundred other people do, you might get a substantial sum. Such a "lottery" would make it even harder to use business sense when deciding how many (if any) resources to dedicate to the counter-submission.

    I would suggest the fee should come from the patent submitter themselves, which would decrease the likelihood of them filing a patent. Maybe a nominal fee from the counter-submitters, but only to discourage spammers, not to build the pot in a significant way. So the patent submitter is saying, "By submitting this patent, I'm betting $10,000 (say) that its an original invention." Even then, though, counter-submitters might have to split the pot, which would make for uncertainty on their part when allocating resources.

    But while we're on the topic of dumping more money into the process, another poster suggested increasing PTO staff as an alternative, but you were quick to say that that amounted to "throwing money at the problem." I'd like to suggest that, while you've come up with a clever solution, some amount of money is going to be thrown at the problem. This comes from (1) the patent submitter's "bet" (unless you have a better suggestion for incentive); and (2) re-organizing corporations to adapt to this new process (e.g. catching wind of new patents, devoting resources to counter-submissions).

    I guess what I'm driving at, ultimately, is that if we're going to be throwing money at the problem anyway, imitating a patent system that is proven to work is probably better than throwing money into an unproven system. I really do like your proposal insofar as it promotes the idea of more people coming up with solutions to problems, though.

  102. Re:NO IT'S NOT!!!! Damn... by billcopc · · Score: 1

    Well now that's surprising (to me), because nearly every respectable restaurant where I live has at least some form of electronic cash register. The notable exceptions are the noodle houses, but they are highly suspected of dodging taxes anyway...

    The big problem with hand-written paperwork is that it's near impossible to verify. The only way to know if your cash balances or not, is to manually add up all the amounts and hope you haven't lost a receipt (or ten). How can you know your staff isn't robbing you blind ? It's a very common problem, and don't try to tell me family-run businesses aren't at risk - it's all-too common!

    The other great benefit (or not, if you're a crook) is automatic accounting. That alone is often well worth the rather low cost of a basic computer-based point-of-sale system, unless your accountant likes to tally your receipts for free :P

    So frankly, in this day and age, if someone is "unable" or unwilling to produce one total per person upon request, I consider it pathetic and lazy. It's not rocket science...

    --
    -Billco, Fnarg.com