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Microsoft's New Example for the Sci-Fi Obviousness files

By Posted on 9 Jul 2003 at 09:32

In his 1994 book, "Ebert's Little Movie Glossary", where he lists lots of movie cliches, obligatory scenes, etc., one entry is well familiar to science fiction fans:

UNIVERSAL TRANSLATOR: Device carried by all spaceships, allowing instantaneous translation from any alien language into the local language. The most incredible thing about this device is the way it can alter any accompanying visual transmission from the aliens. If you look closely, you will see the perfect synchronization of the speaking alien's lips to the lip movements of the local language.

The Star Trek series made this idea very popular, that is, at some point in the future when automated language translation is made to work, it will be obvious to stick it in the middle of all sorts of communications channels. It is not surprising that the latest target of the ire of those opposed to software patents is a new Microsoft patent application:

U.S. Patent Application 20030125927
Method and system for translating instant messages
Microsoft (filed: December 2001)

1. A method for translating instant messages exchanged between two or more devices over a network by one or more users that communicate in different languages, the method comprising: establishing a user profile indicating at least one user language and one or more translation preferences of the one or more users; receiving a message as input composed by at least one of the users according to the user language; translating the message from the user language to at least one different language corresponding to the one or more translation preferences; and transmitting the message in translated form to at least one of the two or more devices.

Mapping "a network" into "spaceship communications channels", and "users" into "spaceship officers" and the resulting narrower claim probably could be found in one of those old Starship Enterprise engineering design books sold at Star Trek conventions. So once again, the question to be asked is what role does science fiction play in acting as prior art? Does science fiction provide grounds for a motivation to combine? And, should Microsoft have mentioned Star Trek in the background to their patent application?

For example, U.S. patent 6,072,403, titled "Secure entry system with radio communications" includes a phrase "Star-Trek like doors" in comparing their secure method for opening doors with the sliding doors seen in Star Trek.

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