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October 2, 2009 9:13 AM PDT

Newly revealed Apple patent application looks suspiciously tablet-like

by Dan Ackerman
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(Credit: USPTO.gov)

The sharp-eyed bloggers at AppleInsider have noted a newly revealed patent application related to multitouch surfaces--leading to further speculation about Apple's purported tablet PC project.

As per usual, the application came through law firm Morrison and Foerster, and was originally filed in June of this year. According to the paperwork on file at USPTO.gov, this is:

A method of performing operations on a computing system having a touch-sensitive surface, the method comprising; tracking the paths of multiple distinguishable contacts, the contacts corresponding to touch devices as they move on or near the surface at the same time, wherein tracking is based on at least shape and position data corresponding to the contacts; determining scaling motion information corresponding to two or more of the multiple contacts based on the tracked paths of the contacts; generating a scaling gesture control signal based on the scaling motion information.

This reminds us of an earlier Apple touch technology patent application we looked at more than two years ago, for a wide laptop touchpad that could distinguish between intentional and unintentional input. The new application also takes current tablet and touchscreen technology to task, saying:

Touch screens and touchpads often distinguish pointing motions from emulated button clicks or keypresses by assuming very little lateral fingertip motion will occur during taps on the touch surface which are intended as clicks. Inherent in these methods is the assumption that tapping will usually be straight down from the suspended finger position, minimizing those components of finger motion tangential to the surface.

(Credit: USPTO.gov)

There's little else to tie this documentation directly to an Apple tablet, a project long-rumored, and currently thought to be coming sometime early next year, and some commentators even think this patent refers to mouse technology, not a tablet screen.

Interestingly, this comes on the heels of the recent rumors about an imminent refresh of the MacBook laptop line, keeping Steve Jobs and company in the public eye as we head into the all-important holiday shopping season.

New York native Dan Ackerman, a former radio DJ turned journalist, has written about technology and music for publications including Spin, Blender, The Hollywood Reporter, and USA Today. He hosts the weekly Digital City podcast and the New York edition of Editors' Office Hours. Dan's new album, Tales Out of Night School, is available now. E-mail Dan.
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by anhzero October 2, 2009 11:26 AM PDT
wow ... apple always the last to release anything. I give up on technology. Just buy an old apple that works and save hundreds of dollars.
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by ekeefe41 October 2, 2009 12:50 PM PDT
I just love how they are trying to patent motions.... and the way you touch a screen.
I'm surprised they have not tried to patent the "double click" on a mouse. Oh wait, they stole the idea of a mouse from Xerox.
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by J242 October 2, 2009 1:34 PM PDT
Wow, you know so very little yet comment based on your ignorance. Apple didn't "steal" anything from Xerox, they PAID for the rights to use Xerox's intellectual properties that came out of their PARC project and was given Apple stock in trade for working directly with Apple's engineers and designers. Educate yourself before ranting in the future please.
by TheTechmeister October 2, 2009 4:02 PM PDT
Actually, J242... I'd be curious to see your evidence of this since Apple was not a public company at the time they acquired Xerox's ideas for the graphical user interface and mouse. My dad worked at PARC during that time and confirmed that the ideas were "stolen"and that they tried to sue Apple and lost. I quote the term "stolen" because Xerox was notorious for not protecting their IP (PDF, Ethernet, etc.), which is why it never stood up in court. Nowadays, they should be praised as blazing the trail to opensource. LOL
by mmings October 2, 2009 7:02 PM PDT
PDF was never a Xerox technology; PostScript was loosely there's as they hired John Wornock who was the true creator of PostScript and later he left and started Adobe where PDF was created. Robert Metcalfe was on the patent as an inventor of Ethernet and left the company later and started 3com. However, he managed to get Xerox, Intel and Digital together in promoting the technology so not really any evidence of theft. The GUI and mouse were litigated but the context in which they were presented to Apple and the difference in the actual product released by Apple seem to have been rightly determined in Apples favor.
by mbenedict October 2, 2009 11:04 PM PDT
@J242: In fact, as Techmeister mentioned, Xerox sued Apple for infringement:

From New York Times, December 15, 1989 (http://bit.ly/18kGmg):

"The Xerox Corporation filed suit here today against Apple Computer Inc., accusing it of unlawfully using Xerox copyrights in its Macintosh and Lisa computers...

Xerox contends that Apple 'intentionally and purposefully concealed' the derivation of the Lisa and Macintosh software from Xerox software. It said that Apple's copyrights on Lisa and Macintosh software were invalid and that the company had unjustly received benefits that rightfully belong to Xerox...

The origins of the Macintosh at Xerox are well known. A visit by Steven P. Jobs, Apple's co-founder, to Xerox's Palo Alto Research Center in November 1979, is widely recounted in Silicon Valley chronicles as the inspiration for the Lisa and the Macintosh. It was then that he was shown Smalltalk, the first computer language using a mouse, the hand-held device used to instruct the computer. Several former Xerox employees worked on the Lisa and the Macintosh".

The case was decided on a technicality but was a severe blow to Apple's own suit against Microsoft at the time (Apple Computer, Inc. v. Microsoft Corporation, 35 F.3d 1435). Apple lost all claims against Microsoft and the courts decided that Apple could not receive neither patent nor copyright protection for its GUI.
by Rod Roddy October 2, 2009 12:57 PM PDT
Apple has most likely secretly bought out a small company to aquire their technology(ie; Fingerworks)and is hard at work making it more "Apple" like. I'm just keepin' it real, read for yourself:

http://en.wikipedia.org/wiki/Fingerworks
Reply to this comment
by kormiko October 2, 2009 3:22 PM PDT
I'm gonna patent "time" itself.

So, whenever anyone uses time, they'll have to pay me for it.

How much does a patent like that cost?
(Google-ing now)
$10,000?!? (8^O)

Forget that idea!!!
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by flosstein October 2, 2009 7:29 PM PDT
Am I the only person that noticed the tablet/ netbook in the movie "G-Force?"
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by Rod Roddy October 3, 2009 10:28 AM PDT
Yes
by abundantsnotbob October 3, 2009 8:27 PM PDT
I don't think anyone watched that movie.
by flosstein October 4, 2009 3:29 AM PDT
I just watched it a few days ago and after all summer of blogs and tech sites speculating on what the thing may look like, it was right there. The female "Guinea Pig" was on facebook typing on the darn thing.
by LorMiller October 3, 2009 12:13 AM PDT
[The case was decided on a technicality ]

The suit was dismissed in 1990.

Apple stole nothing, as recounted in many responsible sources-- Jobs negotiated a stock swap in exchange for PARC "opening the kimono" as he put it.

[The GUI and mouse were litigated but the context in which they were presented to Apple and the difference in the actual product released by Apple seem to have been rightly determined in Apples favor.]

Precisely for the reasons given here.

[My dad worked at PARC during that time and confirmed that the ideas were "stolen"]

I completely understand the sentiment of this statement by a PARC employee, but ideas under law cannot be protected-- as stated above, only *embodiments* of ideas can be protected as IP. Apple's embodiments of great ideas from PARC were original expressions (and huge improvements on the originals, for that matter), and totally worthy of copyright and patent. They also paid for the right to view these ideas, while developing their "computer of the future." The intention was clear and the result original. That's why Xerox's case claiming copyright damages was thrown out. That's not a technicality. That's *stare decisis*

Apple showed it respected IP, unlike Microsoft, whose co-founder Gates reportedly said to Walker of Priceline, "We don't let little things like patents get in our way." When Walker decided not to sell his fledgeling bid-your-own-price service, MS set up their wannabe, Expedia. Again, perfectly legal to adopt ideas.

But of the two situations, I prefer Apple's stock swap to Microsoft's free ride. And I think Apple should have won that case for the original work it did on GUI.
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by frozojunk October 3, 2009 8:04 AM PDT
From the looks of things, this does not look like a tablet, it looks more like digital paper type device.
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by Rod Roddy October 3, 2009 10:29 AM PDT
Hmmm, that would be interesting...I wonder if you'd be able to crumble it up and throw it in the garbage if you mess up?
by hakeis1 October 3, 2009 2:45 PM PDT
Apple Did indeed steel from Xerox and later settled. When you get caught shoplifting and you pleed not guilty and later settle out of court, that doesn't mean you didn't steel, it just means you were never found guilty in a court of law.
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by cyclonica1980 October 3, 2009 10:27 PM PDT
Has Apple figured out that no one is going to buy this unless its under 1000.00?
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by Frank19 October 4, 2009 8:35 AM PDT
I wonder if anyone will ever work out the history of the source of Apple computers?
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by jlvivian October 5, 2009 9:58 AM PDT
Not all the time the patents are reference to a future products, the reason is because a patent is the correct way to protect the investigations and research from the companies, Universities or individuals in that way nobody can stole their ideas; and many times they use the patents to negociate, it's an excellent tool.
I know this because I was working in the Intellectual Property Area of a Corp.

I will excellent to have a iTable in my hands but sometimes this is just a dream.....
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