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Scary Smartphone Motion Control Patent Granted

An anonymous reader writes "On March 16th, the United States Patent and Trademark Office issued a very broad patent on motion control in computing devices, one that seems to cover any smartphone that uses a built-in accelerometer. It was filed in July 2006 and preceded by a nearly identical patent granted in 2004 after a 2001 application. So it predates many of today's popular smartphones — the iPhone, the DROID, the Nexus One, etc. What will happen if the company that owns the patent asserts it?"

27 of 163 comments (clear)

  1. To hack a patent... by alain94040 · · Score: 4, Interesting

    Here's how you hack a patent. From claim 1:

    wherein the initial motion meets or exceeds an initial motion threshold; sensing a complementary motion of said computer device in a reverse direction to the initial direction

    As long as the iPhone or Android do not use one threshold and are more generic than detecting reverse direction, they do not infringe on that patent. Whoever wrote that claim made it way too specific, and easy to work around it.

    --
    co-founders wanted.

    1. Re:To hack a patent... by nicolas.kassis · · Score: 4, Funny

      Yeah that lawyer was a newb. The other patent trolls around the world are laughing and using your comments to generalize the next patent app for this very feature.

    2. Re:To hack a patent... by SimonTheSoundMan · · Score: 2, Informative

      An accelerometer only measure acceleration, a change in direction is a big acceleration. A big change in direction can cause the signal to clip, when this happens you get random data. You have to apply a transfer function; a lower limit threshold that is above the noise floor, and limit small movements, and a high threshold to prevent any clipping.

    3. Re:To hack a patent... by nkh · · Score: 3, Interesting

      Oh noes, they only claimed their invention...whatever shall they do???

      You call it an invention, I call it an algorithm.

    4. Re:To hack a patent... by Mindcontrolled · · Score: 4, Insightful

      Exactly right. Could at least the editors read the claims before posting nonsense like "cover any smartphone with built-in accelerometer"? This patent is not overly broad in any sense. It may be obvious - accelerometers are known, forward-back mousgestures are known, so the combination might lead the man skilled in the art to the subject matter of claim 1, but this patent in no way threatens "any smartphone".

      --
      Ubi solitudinem faciunt, pacem appellant.
    5. Re:To hack a patent... by Lunix+Nutcase · · Score: 2, Informative

      Because algorithms just get plucked out of thin air, right?

    6. Re:To hack a patent... by K.+S.+Kyosuke · · Score: 4, Insightful

      Unfortunately, algorithms are often dictated by mathematical properties of the world we are living in. When two people solve the same mathematical problem, it's not all too surprising that they tend to arrive at the same solution.

      --
      Ezekiel 23:20
    7. Re:To hack a patent... by drerwk · · Score: 2, Interesting

      iPhone uses 'shake' as an undo. I can imagine that the undo might be done similar to the claim. Might have to re-write it.

    8. Re:To hack a patent... by Anonymous Coward · · Score: 2, Informative

      Patenting.

      Copyright stops you from copying his algorithm (specifically his code). Patents stops you from independently developing the same solution yourself.

    9. Re:To hack a patent... by K.+S.+Kyosuke · · Score: 2, Interesting

      What if someone patents a solution to a particular mathematical or computational problem that is provably optimal and no better can ever be found? Is such a patent supposed to stimulate "innovation" (whatever that means), when everybody knows that it can't be improved upon and if the other companies (e.g.) want to stay in business, they will have to use suboptimal algorithms or move somewhere else?

      --
      Ezekiel 23:20
    10. Re:To hack a patent... by gilgongo · · Score: 2, Insightful

      Because algorithms just get plucked out of thin air, right?

      Translation:

      "I think algorithms are difficult to create. Anything that's difficult to create and used to make money needs protecting by patent. Therefore, software and business methods patents are legitimate."

      Because the US patent system is perfect, right?

      Listen - I don't disagree that algorithms are difficult to create. But if you're going to argue that position to legitimise their patentability, at least provide a means by which patent trolling can be avoided. I think you find you can't. Moreover, not being able to prevent such trolling does far more damage to the economy and creativity overall than simply disallowing software patents (as they do in Europe).

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    11. Re:To hack a patent... by Mindcontrolled · · Score: 3, Insightful

      Note that the claim defines a "complementary threshold" for the forward and reverse motion respectively. So it already claims two thresholds which may, or may be not identical. Contrary to popular belief, the language of claims is actually quite precise and not made for obfuscation. It might seem obfuscated at the first glance, but so would a "Hello World" program in C to someone who only knows BASIC: "What the fuck is all this int main... crap about when a simple 10 PRINT "HELLO WORLD" would do?". You gotta learn the language.

      --
      Ubi solitudinem faciunt, pacem appellant.
    12. Re:To hack a patent... by Mindcontrolled · · Score: 2, Informative

      Well, yeah - but that is more a problem of the US litigation system than of the patent system. Where I come from (Europe), the costs of lawsuits is not nearly as high as in the US. Combine that with a loser-pays system and the possibility to get lawsuit cost assistance from the government if you are a broke individual inventor, and the small guy actually stands a chance. Oh, and lawyer costs are somewhat limited, too, so no $750 bill just for that quick lunch meeting where nothing actually happened.

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      Ubi solitudinem faciunt, pacem appellant.
    13. Re:To hack a patent... by drinkypoo · · Score: 2, Insightful

      Sounds like an impact sensor, and a measurement of how hard the impact was. Like an airbag impact sensor (ball bearing, ramp, magnets, contacts) but using an accelerometer and software.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  2. What about inertial navigation systems? by ircmaxell · · Score: 3, Interesting

    Inertial navigation systems use accelerometers as input to a computer for controlling its output (Navigation readings, autopilots, etc), and have been used in (civilian and military) aviation for decades. Doesn't that negate this patent as prior art? Or can you now patent the application of an idea to a market? Or am I misunderstanding how vague this patent is?

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    If a man isn't willing to take some risk for his opinions, either his opinions are no good or he's no good
  3. I'd claim my pedometer as prior art. by Myrv · · Score: 4, Interesting

    I had a pedometer in the 90s that used motion to record events, each motion event would trigger an update on the display, it was hand held when reading the display, and it was a computing device that would calculate distance traveled (not to mention history). Sounds like it covers just about every aspect of that patent.
     

    1. Re:I'd claim my pedometer as prior art. by HopefulIntern · · Score: 2, Funny

      You had a pedometer eh? Why don't you take a seat? Right over there.

  4. Scary smartphone motion by Captain+Spam · · Score: 4, Funny

    When I first read the headline, I was expecting to read about a new phone with a slide-out QWERTY keyboard wherein the slide-out mechanism moves in a manner akin to Lovecraftian abominations, defying our understanding of the laws of physics and driving people irrevocably mad from the revelations, all while trying to text their friends.

    But disappointingly, it's the PATENT that's scary, not the smartphone motion. Ah, well. I'll just have to find some other way to get those dang texting kids off my lawn.

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    Demanding constant attention will only lead to attention.
  5. Re:No danger here for the big boys by TheLink · · Score: 2, Insightful

    How so? It's more likely that Apple & Co will just pay that company.

    Especially if that company doesn't make a single thing (except lawsuits), and thus infringes on zero patents.

    How's that for patents encouraging innovation...

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  6. I wonder what the MEMS Manufacturers will do... by KJSwartz · · Score: 2, Informative

    Got to wonder how aggressively the people like Analog Devices, Honeywell, Motorola (Freescale) will do to invalidate this patent, since they own the manufacturing process. I sincerely hope they look not just to invalidate this patent, but all other patents "owned" by these applicants as payback. What the [Obscene Gerund] were the Patent Office reviewers thinking?

    1. Re:I wonder what the MEMS Manufacturers will do... by KJSwartz · · Score: 2

      Everyone should review the slashdot story on faxed Patent Submissions. Seems they are getting so many submissions they can't spend time to reorient upside-down applications. ALOT of postings were hillarious; the simplest fix is to rotate all pages 90 degrees in the fax machine. The Patent Office, by their rule, has to take them.

  7. Motion by BoRegardless · · Score: 3, Informative

    "What will happen if the company that owns the patent asserts it?"

    Easy answer. Negotiations will start.

    Patent lawyers will sit down and debate the issues.

    They will either agree and buy or license the patent or litigate and then win or pay a license fee.

    Happens all the time.

  8. Re:motion detection? by ShadowRangerRIT · · Score: 2, Interesting

    I'm curious how this is legitimately patentable. I can understand patenting an accelerometer, and even understand patenting the software techniques for motion sensing (even if I disagree with software patents), but how exactly do you take two technologies that already exist, tie them together in an ever so slightly different way, and call it patentable? The only difference between this and something like the WiiMote is that the input from the WiiMote's accelerometer is transmitted wirelessly to the console base station. How does putting the CPU in the WiiMote itself, connecting the accelerometers with a wire instead of a signal, and allowing it to make phone calls somehow make it original enough to warrant patent protection?

    It's like would be like patenting sticking a compass in a car and connecting the needle to the GPS system so the car can determine orientation. When no one had done it, it was new, but it wasn't exactly novel; no one had done it because there was no GPS to connect to. Similarly, motion sensing has existed for quite a while, but no one connected it to a smartphone because:

    • Smartphones didn't exist in any usable form until the last decade
    • Consumer friendly smartphones that might use the technology are roughly five years old
    • Power and space requirements precluded unnecessary add-ons until relatively recently

    Patenting the techniques used to miniaturize it and make it battery efficient would make sense, but patenting the mere combination of technologies seems ludicrous.

    --
    $_ = "wftedskaebjgdpjgidbsmnjgcdwatb"; tr/a-z/oh, turtleneck Phrase Jar!/; print
  9. Where is the invention? by kawabago · · Score: 2, Insightful

    I don't understand why when one person invents the wheel, someone else can 'invent' rolling it. Isn't rolling the wheel inherent to the invention of the wheel?

  10. Popular smartphones? by Hurricane78 · · Score: 2, Informative

    the iPhone, the DROID, the Nexus One

    You said popular! Try Nokia and Samsung. ^^

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  11. Looks like it's Google's patent? by taskiss · · Score: 2, Interesting

    From the patent application:
    First: Note the question mark in the subject of this post. Then read the following;

    Inventors: Uhlik; Christopher R. (Danville, CA), Orchard; John T. (Palo Alto, CA)
    Appl. No.: 11/497,567
    Filed: July 31, 2006

    http://home.pacbell.net/cuhlik/cu_resume.html
    Dr. Chris Uhlik
    7/2002 to present, Engineering Director -- Google, Inc. Mountain View, CA

    http://www.spoke.com/info/p2WHRbr/JohnOrchard
    John Orchard, Dir Engineering, Vyyo Inc.

    --
    - real hackers don't have sigs -
  12. Its about the assignments... by LeadSongDog · · Score: 2, Interesting

    At http://assignments.uspto.gov/assignments/q?db=pat&asned=DURHAM%20LOGISTICS,%20LLC we find that all twelve of Durham Logistics' patent assignments were from smart antenna maker ArrayComm (remember Martin Cooper)? Further, they were all assigned on the same day. I haven't checked them all yet, but one of the assignment applications was on August 31, 2006. Wonder what was happening around then? Oh yeah, ArrayComm was teaming with KT for a Korean WiBro network.http://www.mobilehandsetdesignline.com/192200181;jsessionid=PVVYX1VQ5EXXGQSNDLPCKH0CJUNN2JVN?printableArticle=true Think those patents might be under Samsung's control now? Anyhow, they were clearly intended for applications in signalling, not user interface.

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    Oh, I'm sorry sir, I thought you were referring to me, Mr. Wensleydale.