[svlug] Mr Obvious?
pridge at clearjump.com
Thu Apr 8 19:05:01 PDT 2004
ian maclure on 04/08/2004 04:13 PM wrote:
> There's some other stuff about file structures et al but it all boils
> down to something that should not have been considered for more than two
> seconds before denying the patent.
> Once you know what the data is, a storage schema should follow nearly
> by inspection.
As a followup to my previous post, here's an article about obviousness
After a skim through the claims and summary of MS's invention, the only
somewhat unique thing I saw was that one game can't access the data of
another. The rest seemed pretty obvious to one "ordinary in the skill in
the art". After all, consoles already store game data on memory
cartridges and PCs already store game data on hard disks (with
descriptive names, date/time, screenshots, etc.). If anyone (Sony,
Nintendo, etc.) were to put a hard disk in their console, they'd have to
give it a file system too.
Merely moving the hard disk from the PC into the console and giving it a
file system doesn't show me sufficient non-obviousness, novelty or
utility to be patentable--especially since the Xbox is just a PC in
To quote from paragraph 6 of the aforementioned article, I would say
that the inventors haven't "taken an 'inventive' step--a step beyond the
practice of good engineering or commonsense design--in conceiving the
invention." The following approaches also from the same paragraph,
"changing (simply scaling up or down) a product's size without solving a
technical problem in doing so": The Xbox is a shrunken PC (Intel CPU,
nVidia graphics processor, hard disk, Windows kernel). Storing data for
multiple games was already done on the PC.
"making a product portable, integral, or separable": In other words,
integrating a hard drive in a game console.
"optimizing a product within ranges known in the prior art": The PC, as
used for playing games, should be prior art in this context and, apart
from the isolation of game data on a per-title basis, has been storing
game data in a fashion similar to this invention.
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