*Author:
The first recorded observation of CAPILLARY ACTION was by Leonardo da Vinci in 1519. The long-standing shortcoming of TUBE THEORY is that capillary action can only perform upward vertically opposite to gravity pull. However, it is a perfect setup to describe the spatial hydraulic gradient in the Unsaturated Hydraulic Zone dispalying the arrangement of negative and positive pressure potential according to porosity properties.
A cactus flowering and enjoying 13 years of UNSATURATED HYDRAULIC FLOW providing a permanent luxurious water supply and plenty of oxgygen in the rooting system, around 15% of air v/v.
How much is worth 300.000 US patents migrating from Wicking to Unsaturated Hydraulic Flow, fixing the Intellectual Property System by letting Laws of Nature (SCIENCE) prevail over CROOKED Laws of Man (LEGALESE)?
"Chemistry of Dynamite releases power for business while the Hydrology of Life reveals the principle of our continued existence."
"Corporativism is close to selling their mommies or printing the bills while academia is just dishonoring old textbooks rotting in their libraries!"
Human power is just a mirage spoiling survival."
"The human dilemma is not between capitalism x communism. Governments fails by corruption and dishonesty. Democracy can be faked and self-protecting. In my place vote is mandatory, as political campaigns are sponsored by the public treasure by LAW from crooked LAWMAKERS legalizing hush money. Hard to select less corrupt politicians. The inefficient and expensive justice has the power to make the truth LEGAL or ILLEGAL. The media is biased and sponsored by public resources as chaos is highly profitable making good deeds far from the mainstream. Scientists pretend to understand science and nature."
SCIENCE is comprehension and understanding of NATURE
USPTO massive IP violation has been an important outcome to validate TUBARC
RICH just concentrates resources from POOR
“Like Germans, trading an unsustainable easier life to support blindly the THIRD REICH erasing around 75 million lives on inimaginable atrocieties most in front of their nose. And so, are Israelis following this ‘TREND’ but, upgrading from RACE ATROCITIES to BUSINESS ATROCITIES supported by Americans!”
"In the wealthiest and MOST POWERFUL country in the world, adults are 42% obese . . . there is plenty of power to destroy our planet, but not enough will for HONESTY and compel fitness! Humans took a while to wear clothes, but soon they will learn to close their mouths and shake their legs… Our DNA was not programmed to let us run away from food but using our muscles to chase it for survival! Humans are so distracted that they even forget that sex was created for procreation and not a toy . . .like psychedelic drugs that were not in our evolution, so very unlikely to make us healthier."
“Our freedom and goals are contained in the boundaries of self-preservation, taking care of ourselves and always delivering safely the next generation to come.”
“Simply by curbing obesity and animal protein consumption can reduce the pressure on logging forests hunted down by ANIMAL PRODUCTION INDUSTRY – raising livestock to feed humans! So, being ELEGANT and FIT is even BETTER FOR THE EYES OF NATURE FUNCTIONING.”
Naive Environmentalists fight to save the Amazon Rain Forest, but in front of their eyes at home, common URBAN TREES, AROUND THE WORLD, are not even permitted swings for children, displacing bad people by enticing happy families over that PUBLIC AREA! No damages to the branches, but a strong bond between those ones to inherit our future and their best friends rescueing humanity and improving URBAN SOCIABILITY.
“By providing our children swings on urban trees we start sowing to the future generations, imprinting in the infancy core, a natural bonding to keep the forests.”
"A famous Brazilian Theologian and Philosopher Rubem Alves confirmed that swinging for adults is also a therapy for depression."
DEVELOPING NEW HYDRODYNAMIC CONCEPTIONS to the fluidic devices as ‘Unsaturated Hydraulic Flow’ (negative (-) pressure) from Edgard Buckingham (1907) updating Darcy's Law (1856) about Hydraulic Conductivity on porosity (Soil Physics, Jury et al., 1991, John Wiley) was mentioned in the Patent 6,766,817 (2004) in the American patenting system for the FIRST TIME on Artificial Porosity deploying basic knowledge about fluid flow on porosity systems from Hydrology/Hydrogeology/Soil Physics already plenty on libraries.
This outcome is updating the Cradle of Hydrology to 70 thousand of years ago when Special Fluidic Devices, Oil Lamps were invented by the Ancient Man making and controlling fire, triggering the onset of the human modern life. Man was able to make fire about a million of years ago, but HYDROLOGY was the keystone to control it, changing from SOLID to LIQUID FUEL, becoming more efficient, safer, durable, and portable!
'First Oil Lamps of manmade materials were found in the Egypt, Greece and Rome and are considered probably the FIRST MASS PRODUCED OBJECTS IN HISTORY. They were made from terracotta, bronze, stone and alabaster, in a shape of a dish that would hold oil and a place for a wick that would prolong burning and prevented the whole surface of the oil to catch fire.'
“Energy handling by human UPGRADING FROM solid fuel, liquid fuel, gaseous fuel, electric fuel feeding electronic approach on binary. Communication is improving by streams of bits, as THERE IS NO ARTIFICIAL INTELLIGENCE, just poor algorithm manipulation on visual and auditory senses tricking what we see or listen to. However, touch, smell, and taste cannot become binary as light and sound are electromagnetic radiation easy to become 0 and 1 bits. Brain performance is variable, but not always gifted ones (intellligent) know how to use such advantages to highlight human existence.
1 - First Porosity - GEOLOGICAL: It was the first generation of a random porosity to appear in Nature by rock weathering making up the granular soils systems starting about two billion of years ago.
2 - Second Porosity - BIOLOGICAL: It was the second generation of an organized porosity created by live beings about a billion of years ago as multicellular plants and animals increased in size developing varied mechanisms for internal fluid cycling, giving each cell a continuous logistic interface for chemical exchange building up the required functioning of specialized infrastructure for each species allowing its evolution for survival. Standing plants created phloem and xylem vessels while moving animals needing faster flow rates created required pumping systems.
3 - Third Porosity - ARTIFICIAL: It is the third generation of an advanced porosity combining the functioning of Geological and Biological porosities with human knowledge to derive new Hydrodynamic conceptions of Unsaturated Flow (negative pressure) expanding the boundaries of Hydrology. It is presently feasible by considering a spatial modeling of pore geometry and human limitations to handle matter at molecular level. The pores can be continuously connected longitudinally as a prevailing cylindrical format boosting an enhanced ANISOTROPIC HYDRAULIC FLOW. It addresses new hydrodynamic properties of Unsaturated Hydraulic Conductivity and Kinetic Energy Exchange in the dynamics of continuous mass flow not yet portrayed to human knowledge.
HYDROTECNOLOGY was born pursuing the principles of LIFE - Large animals employ pumping mechanisms to recycle fluids internally having from tiny to large fluid conductors, making fluids move by pressure (+) and/or suction (-) providing each cell a continuous hydrodynamic exchange interface. The circulatory system on Physiological functioning employs a very complex Saturated (+) and Unsaturated Hydraulic Flow (-) interaction in the pathways from cells, heart, lungs and back to its origin in the cycle, passing through intestines, kidneys, liver, etc., for homeostase. In a close circulatory system, pushing the fluid (+) can be as important as pulling (-) it letting Saturated and Unsaturated Hydraulic Flow perform their instrinsic properties, mainly MOLECULAR CONNECTIVITY which seems to be clogless. Live beings are a Hydrodynamic System that the ratio of water composition implies the proportion of its importance. We see the chemistry on live beings, but reason makes water as the main purpose to be. Water allowed the Chemistry of LIFE EXISTENCE by combining Chemistry and Physics.
How tenable is HYDROTECNOLOGY?
Running an exploratory analysis about the conductivity parameters at USPTO on issued patents, it can be verified that Hydrology has been neglected more than a century about Hydrodynamics on porosity systems of Fluidic Devices: Considering intellectual property affairs, it is very likely that all patenting systems around the world would have a similar performance.
Mar 19, 2007 Jan 07,2015 Nov 30, 2023
Thermal/Heat Conductivity 61,033 100.744 176.074
Electrical/Electric Conductivity 76.949 139.254
Hydraulic Conductivity 750 1.329
Unsaturated Hydraulic Conductivity 17 29 38
Wick/wicking 21,784 33.577 66.415
Para: Elson Silva, PhD
Date: Fri, Aug 7, 2015 at 12:40 PM
Subject: RE: Conspiracy and Brainwashing III – USPTO is preaching to their Patent Examiners that they do not need to be known in the art for judging and allowing IP rights when issuing patents!
To: Elson Silva, PhD <tubarc@gmail.com>
If you can’t understand legal or technical writing, you have no business blogging about it.
“Wicking” is a term of art---fluid will travel in any direction via the fibers—regardless of gravity.
From: Arlen.Soderquist@USPTO.GOV
To: elson_silva@hotmail.com
Subject: RE: People behind wick/wicking neither understand HYDORLOGY nor the functioning of oil lamps!!!!!
Date: Thu, 2 Jul 2015 23:44:46 +0000
Dr. Silva,
I am a scientist that came to work for the patent office… … Have I taken a formal class in hydrology, hydrogeology or soil physics? No. … Or that sometimes one can have opposing forces and whether water moves in one direction or the other depends on the relative size of the opposing forces. No.
Enviada em: quarta-feira, 5 de outubro de 2011 11:36
Para: Elson Silva, PhD
Assunto: RE: {SPAM?} Protecting Hydrology Science from REINVENTION
Mr. Silva, has anyone ever called you a nutcase?
Are people out to get you?
Are you having some trouble keeping up with your medications?
---------------------------------
Steven V. Owen
University Professor Emeritus
Educational Psychology
---------------------------------
This email from an Emeritus Faculty of Educational Psychology provided valuable insights and feedback showing how deep the academic community is compromised on scientific affairs in the US.They were supposed to know that Darcy’s Law on Hydraulic Conductivity is not written in the US constitution, but endorsed by Mother Nature.
Science is our understanding on nature functioning. Humans learn to respect nature early as babies on the first steps taming gravity for walking and running. Soon we understand the consequences of missteping and falling down. Therefore, all issued patents dealing with wick/wicking are CERTAINLY frauded because PATENT EXAMINERS ignored their homework from the beginning of their lives - GRAVITY.
Science is our understanding on nature functioning. Humans learn to respect nature early as babies on the first steps taming gravity for walking and running. Soon we understand the consequences of missteping and falling down. Therefore, all issued patents dealing with wick/wicking are CERTAINLY frauded because PATENT EXAMINERS ignored their homework from the beginning of their lives - GRAVITY.
Sir Isaac Newton defined the Law of Universal Gravitation in 1687. He was inspired to formulate his theory of gravitation by watching the fall of an apple from a tree.
____________________________________________________________________________________
Scientists, inventors, patent attorneys, and patent examiners handling wick/wicking in the patenting system about the functioning, have comprehension neither on oil lamps nor on Hydraulic Zones of Hydrology/Hydrogeology/Soil physics regarding the dynamics of fluids on porosity.
Lay inventors and scientists have looked at, but haven’t seen it on the core of functioning principles long standing on old textbooks of CLASSICAL SCIENCES plenty on libraries!
USPTO states that legal wicking is a term of art---fluid will travel in any direction via the fibers—regardless of gravity.
"Americans ERRONEOUSLY assume that legal oil lamps and legal candles can work upsided down. ignoring GRAVITY."
FIRST ASSUMPTION: My broad background in Agricultural Sciences, B.S. in Animal Husbandry, M.Sc. in Animal Nutrition, and Ph.D. in Soil Science allowed me to realize the difference among soil porosity, paper porosity and synthetic cord porosity. How does my mind work? In brief: “I failed a Cooper Test running 12 min quitting after half the time. But afterwards, I kept running and increasing my time 30 s every other day. Six months later I subscribed to a full marathon for curiosity. I FINISHED A MARATHON 42 km in 3h23 min at the age of 23”. Soil Physics, Hydrogeology, and Hydrology principles of fluid flow on porosity were developed on natural porosities of soil and rocks, except capillarity that is based on tube theory. So, a new science HYDROTECHNOLOGY was created purely on INTELLECTUAL RESOURCES and not a specific BUDGET. It is already approved by Mother NATURE and now I have this special opportunity to grab how humans handle it! Corporativism is close to print the bills, but academia is supposed to honor the preaching!
SECOND ASSUMPTION: Scientists have been brainwashed, mainly by THE CHEMISTRY OF DYNAMITE, that there is a huge economical reward revealing NATURE secrets by EMPLOYING EXPENSIVE TECHNOLOGY. For example, James Webb Space Telescope costing 10 billion USD is not different from my cellular that captures electromagnetic radiation reaching its sensors. So, if the universe were the size of the earth planet, my cellular would only say about my neighborhood. However, a huge budget pressures scientists PhDs to ignore Metaphysics and Epistemology of Science to temper this achievement pretending worthwhile. We already called our own species homo sapiens, to pretend that we KNOW. The dark side of the universe means only that, if there were lights from that direction, it has not yet reached us.
THIRD ASSUMPTION: It is indeed painful to accept that an isolated scientist, by himself would create a new science with a budget lower than a dollar in the backyard of his home: 20 cm of a nylon cord and a piece of drying paper hanging in the wall. The explanation is quite simple, as Hydrologists, Hydrogeologists and Soil Scientists only work with natural granular porosities of rocks and soils. There is no interest for them to work with artificial porosities. Without employing ARTIFICIAL POROSITY, the concepts of Unsaturated Hydraulic Flow could not have been fully developed as recognized by the scientific literature. Malleable cylindrical fibers of plastic cords allow an interface between Hydraulic Zones (+) and (-) with continuous pores connected longitudinally in a “U” upsided down making fluid move from Saturated Zone down to Unsaturated Zone up, coming down in the other leg, crossing the water table reference in a different compartment making the fluid flow in the Saturated Zone (+). I believe that gravity in my backyard is not that different from there at USPTO, with some correction by altitude. Lay inventors and scientists working with artificial porosities had comprehension NEITHER on wick of oil lamps, NOR basic knowledge about fluid dynamics on porosities plenty on libraries to measure Unsaturated Hydraulic Conductivity (volume/area/time under a hydraulic gradient mm3/mm2/s or mm/s).
FOURTH ASSUMPTION: Scientists not only are missing a deep understanding about their titles, PhD, on Philosophy of Science, but also disconnected to scientific affairs assuming that Science is approved by wealthy SCIENCTIFIC COMMUNITIES and not by NATURE. I hope that Sars-Cov-2 outcome have refreshed their minds. The longer to bring this NEW SCIENCE HYDROTECNOLOGY for discussion, more insights are revealed regarding SCIENTIFIC AFFAIRS to understand NATURE FUNCTIONING. I believe that there is no power on earth to erase the content on libraries. Knowledge created can only be upgraded.
FIFTH ASSUMPTION: Internet access allowed an instantaneous contact at USPTO database for patenting search on critical exploratory analysis about key technical words mainly ‘CONDUCTIVITY’ parameters. Soon I figured out that inventors were employing the word wick/wicking instead of Unsaturated Hydraulic Conductivity common in Hydrogeology, Hydrology, and Soil Physics commonplace in my textbooks of PhD in Soil Science. Also, names of inventors, patent attorneys, patent examiners, and top leader easily could be contacted simply analyzing the email structure as people use their names on their emails.
Learning and Understanding about Hydraulic Zones and Molecular Connectivity
Oil lamps and self-watering flowerpots are fluidic devices that allow a removal of fluid in the Unsaturated Hydraulic Zone as gaseous form when molecular connectivity in the fluid is interrupted by its evaporation or combustion. Oil lamps use heat from the flame burning fuel while flowerpots use heat in the air feeding regular evapotranspiration rates. A new option to collect fluid from the Unsaturated Hydraulic Zone is by returning the fluid to the Saturated Hydraulic Zone when molecular connectivity is broken by the weight of water molecules crossing downward the Hydraulic Head reference line, from negative (-) to postivie (+). When there is no saturated water below the Hydraulic Head reference in the porosity, the falling water would pull water molecules downward speeding up the Unsaturated Hydraulic Flow, as already shown above.
HYDRAULIC CONDUCTIVITY (volume/area/time, mm3/mm2/s or mm/s flowing by a hydraulic gradient) - Oil lamps take about 15 ml/h of kerosene to feed the flame while an African violet consume about 1 ml/h of water to replace the evapotranspiration rates. The highest fluid flow gauged on artificial porosity was K = 2.18 mm/s of Unsaturated Hydraulic Conductivity (6,766,817). It could deliver by the unsaturated hydraulic syphon below 16.9 ml/h (K = 0.37 mm/s), or vertically up to 99.6 ml/h at the flow rate of K = 2.18 mm/s.
The reversible flow transmission between compartment and tubarc geometry (tube+arc) to correct capillarity are proposals that were patented in the
What is MICROFLUIDICS?
The simple definition – “A group of lay scientists that started around 1980s working with fluids, too lazy to check on libraries CLASSICAL HYDROLOGICAL SCIENCES, making a broad range of fraud (wicking mob) for not knowing what they were doing. In 1856 Henry Darcy proposed an equation to gauge Hydraulic Conductivity (Darcy’s Law). But, in 1907 Edgard Buckingham proposed a change in the equation for Unsaturated Hydraulic Flow (Soil Physics, Jury et al., 1991, John Wiley). I got surprised that Dr. Gorfinkel, Physicist and Mathematician, reinvented Tubarc again in 2012 with references NEITHER on US pat. 6.766.817 (2004) nor Hydrology. Even they employ ‘capillary action’, having no idea how it works, and Hydraulic Zones, even less Hydraulic Conductivity.
How can you have ‘capillary action’ when on legal wicking fluid moves regardless of gravity?
Well, all humans are prone to mistakes. But, fixing them is the keystone!
There is no ‘capillary pressure’! But capillary suction or capillary NEGATIVE (-) PRESSURE!
Academic Fraud at Washington State University
All classical scientific literature on Hydrology/Hydrogeology/Soil Physics discussing about Capillarity has no single quotation on wick/wicking. Dr. Yager filed many patents at USPTO about capillarity with no single Hydrology reference, but quoting wick/wicking 151 times, instead of Unsaturated Hydraulic Flow.
Hydraulic Conductivity measures the amount of fluid mm3 crossing a sectional area mm2 per time second under a hydraulic gradient (mm3/mm2/s or mm/s).
There is no WICKING CONDUCTIVITY!
Huge OPPORTUNITY ahead to explore!
The scientific and technological gap on Hydrology is so huge that I was able to gauge UNSATURATED HYDRAULIC CONDUCTIVITY on artificial porosity at home, just employing simple background from my PhD in Soil Science (volume/area/time).
I can assure you that measuring Unsaturated Hydraulic Conductivity is much easier than Thermal and Electrical Conductivity, when you have intellectual tools available. Since I got no reward from my Intellectual Property rights, even creating a new science in the most advanced country in the world, even having Patent Attorneys as partners, and even requesting authorities and politicians to RESPECT SCIENCE and THE LAW. I was ALSO restrained to build up conditions to explore ENERGY EXCHANGE ON MASS FLOW DYNAMICS between inertial and rotating forces when molecular dragging affect non partitioning flow on geometric curves.
Hydrology - The scientific study of the properties, distribution, and effects of water on the earth's surface, in the soil and underlying rocks, and in the atmosphere.
Hydro- Indicating or denoting water, liquid, or fluid.
What is the chance that a CORRUPT GOVERNMENT sponsored by a biased scientific community SHAMEFULLY FAILING ON SCIENCE, that grabbed 2/3 of NOBEL PRIZE NOMINATIONS, dirty money from warfare by the FATHER OF DYNAMITE, will erase Hydrology from libraries???
Scientists bearing broad intellectual resources cannot claim to be naïve . . . they have a PhD title to understand and defend . . .
Poor Plagiarism at USPTO by lay people
USPTO is running a sort of REINVENTION POLICY that scared my partners, American Patent Attorneys to pursue a SCIENTIFIC BREAKTHROUGH, arguing that the system was designed for cheating science and favor big bullies. It takes US$ 50 K to get a patent, but it does require 3 to 5 million dollars to suing reinventors for swindling. THEY QUIT THE PROJECT SAYING THAT A GOOD IDEA IN POOR HANDS HAS NO CHANCE IN THE ‘LAND OF THE FREE, HOME OF THE BRAVE’. Below is a list of 13 corporations and 5 top universities reinventing my invention having no respect and background to claim it. Celanese Acetate, LLC number 9 is the most obvious poor plagiarism.
Wicking Gang by lay people
Well, CareFusion 207, Inc reinvented Tubarc just 11 times, with some Patent Examiners that even had cited my patent (US Pat. 6,766,817).
HYDROTECNOLOGY teaches that SCIENCE is our understanding on Nature functioning.
A fresh NEW CLASSICAL SCIENCE coined in the outskirt of the derailed human culture brings insights about the present underlying SCIENTIFIC COMMUNITY FUNCTIONING to upgrade RATIONAL SCIENTIFIC AFFAIRS obeying and pursing an AIMED BALANCE. Alfred Nobel never got any college degree, but working with the chemistry of explosives, FATHER OF DYNAMITE, was highly blessed by the governments getting VERY RICH by expanding our knowledge on warfare helping to decimate millions of human beings. He ALSO put price on science with Nobel Prizes nominations suggesting that scientific achievement should be rewarded with DIRTY MONEY, sharpening our greed on MAKING MONEY, letting SCIENCE work for the ECONOMY and wicked POLITICS. GENOCIDE IN GAZA AND UKRAINE SHOWS THAT PROFIT IS MORE IMPORTANT THAN SAVING LIVES AND PRESERVE THE LANDSCAPE. TERRORISTS killed around 1400 jews, while decent Jewish people that suffered from German extermination did something similar decimating around 37.000 Palestinians, comprised 15.000 children and 10.000 women, making Gaza looking like during WWII London, Manila, Warsaw, Hiroshima, Nagasaki, Berlin, Dresden, etc.
'Oppressed people are the best oppressors by employing know-how they suffered from'
Even worse than Germans, because Jewish and Palestinians are people with the same culture, the same race, and different religion. It seems that the reasoning for the killing is just business between peoples with common roots. This is very weird as Germans were doing a race extermination while Jewish is playing a shameful BUSINESS EXTERMINATION endorsed by Americans, the wealthiest country in the world where profit is more important than saving lives, EVEN THEIR OWN ONES, as the leader of Covid-19 tragedies, dumping around 1.2 million Americans, more than those wars in the past!
Deep inside in the reasoning, Nobel Prize Nomination is a reward using money from HUMAN GENOCIDE, pretending good intentions deceiving SCIENTISTS to work for the ECONOMY ignoring NATURE. There is nothing noble behind NOBEL PRIZES!
I cannot create a new science pretending I have no awareness on general human affairs. Indeed, the truth is cruel and hard to swallow for all of us.
I preach myself that is better suffering with the truth than be happy with fantasies!
HONESTY is the unique equation to ENSURE HUMAN EXISTENCE on a long range.
Modern Scientists employ the SCIENTIFIC METHOD without learning about Philosophy of Science, mainly Epistemology and Metaphysics. Well, with the scientific method we can prove if man is more intelligent than woman. Any quantification approach and exploratory analysis can prove the differences. An INTELLIGENT man has a mother and possibly daughters. Nature gave breasts and womb to females to ensure our reproduction. Before checking the statistics, we need to pay attention to the underlying principles. Man and woman are not equal, but they are the same thing. Perhaps this is the reasoning behind homosexual marriage ignoring that Nature took some millions of years to develop our reproductive system, always combining male with female, the biological functioning that gave life to all humans since the beginning of times. WE HAVE TO PROTECT THE WAY WE WERE BORN! Indeed, any person that want to discuss this issue has a MOTHER and a FATHER. Obeying nature functioning, everybody that respect GRAVITY can walk and run. Pursuing a balance with MOTHER NATURE, they will have children if they want to follow mommy and daddy. IT IS NOT FEASIBLE WALKING WHILE IGNORING GRAVITY!
The difference between a PhD thesis and a patent is that a researcher develops new knowledge with proof as thesis to become a scientist. The scientific method is employed, but insights from Philosophy of Science for their titles is neglected. Patent is the core of a special system of intellectual property that a scientist creating an invention by expanding the boundaries of knowledge, get a document protecting it which is far beyond the author's comprehension. CAN YOU HAVE INTELLECTUAL RESOURCES TO INVENT SOMETHING NEW BUT IS ANABLE TO UNDERSTAND THE DOC THAT PROTECT IT? Lawyers that never studied science have the power to transform SCIENCE into a LEGALESE in the patenting system bearing a language that scientists do not understand. IT SEEMS THAT SCIENCE BECAME A BUSINESS ON INTELLECTUAL PROPERTY AFFAIRS HANDLED BY LAWYERS. Lawyers already messed the world economic system in 2008 burning 41 trillion dollars from the economy. Well, Nature sent Sars-Cov-2 recently in the last pandemic to let humans refresh their mind who is in charge over the landscape. As a baby we learn to respect Nature on our first steps taming gravity for walking and running, and soon we understand the consequences of ignoring it, falling and feeling the punishment. I believe that gravity in the US is not different from gravity in Brazil. I hope that people around the world reading my posts have the same gravity that we have here in the land o King Pelé! Pelé was highly concerned about protecting children to ensure their future. He proved that human talent can make a difference.
What?
Adolf Hitler wanted his Arian race to run the world - MOTIVATION. He failed losing WWII decimating around 75 million people making so many kind of atrocities. Well, he convinced enough of GERMAN SOCIETY to try it. People buy drugs because there is something good behind it for consumers to spend their money. Why would humans buy something that is totally bad? Drug dealers have customers with high demand to purchase something just illegal. Robbers try to get what is not theirs, having a strong feeling of owning something that is valuable and useful. Nobody steals trash! Rare humans are serving time behind bars for doing something irrelevant to them. Rare people murder for no reason!
WHAT CAN AN INVENTOR GAIN FILING A PATENT THAT DOES NOT WORK AS HE DOES NOT EVEN UNDERSTAND IT?
WHY AMERICAN INVENTORS WANT TO FILE MANY PATENTS THAT DO NOT WORK AND WAS ALREADY INVENTED GROUNDED ON A CLASSICAL SCIENCE? What kind of intellectual protection there is behind a flawed patent? In the end, there is a full explanation about Ecolab, Inc and USPTO granting patents that does not work and was already issued based on my textbooks of PhD in Soil Science at the Pennsylvania State University, and by chance President Bill Clinton was on my graduation delivering his first speech for reelection ensuring how SERIOUS HIS COUNTRY WAS. Strange that I notified both about this ongoing weird situation, but they continued filing and issuing flawed patents that does not work and was deeply explained by my issued patent US 6,766,817.
Water only drops after crossing the water table reference as showed in the video above!
* As shown below, on Nov. 30, 2023, USPTO had issued 66;415 patents addressing fluid dynamics as wick/wicking, even worse, near TWO DECADES after my issued patent (US Pat. 6,766,817), in the same patent office, in the same language, grounded on basic knowledge on my PhD in Soil Science at Penn State Univ., blessed by the American President attesting how serious his country was ! How many of those LAY INVENTORS come from TOP ACADEMIC INSTITUTIONS pretending they are scientists IGNORING BASIC KNOWLEDGE PLENTY ON THEIR LIBRARIES? USPTO allowed blatantly at least 12 wealthy corporations to reinvent my SCIENTIFIC DISCOVERY with frauded patents THAT IGNORES SCIENCE from lay people as inventors, patent attorneys and examiners. Sars-Cov-2 showed that Nature is in charge of science which requires neither LAW ENFORCEMENT nor faith, just coherence and HONESTY.
** An American President playing oral sex in his office was just a Logistic mistake and misleading. The president of Penn State University covering up a pedophile was gross as humans should respect children and families. Children need protection till their sexual mature age. SCIENCE IS THE FUNCTIONING OF NATURE as it should not be messed by business interest. NATURE DOES NOT CARE ABOUT HUMAN ECONOMIC AND POLITICAL VALUES. It seems that the SCIENTIFIC COMMUNITY lost track on its duties. This sort of of outcome let us to become suspicious on what scientists are preaching HARMING SCIENCE, by favoring business and ignoring nature functioning. WE MUST LOOK BACKWARD TO UNDERSTAND HOW OUR PHYSIOLOGY WAS MOLDED DURING OUR EVOLUTION. IN ORDER TO PREVENT THAT MODERN LIFE HARM OUR NATURAL LIFESTYLE IN BALANCE WITH NATURE. Simple examples: 'Our lungs were developed for O2 and CO2 exchange and NOT SMOKE. Nature is so bounty that it would have given us a chimney instead of a nose. Human reproduction is HETEROSEXUAL as during our evolution NATURE decided about those ones to deliver their genetic code to offsprings. Homosexuality is an irrelevant deviation of our physiology with no outcome to human genetic pool. HOW FAR CAN HUMANS IGNORE NATURE FUNCTIONING REAPING WHAT IS SOWN?
*** There is no science supporting the economy and politics, but a blatant human manipulation of our spoiled culture. For example, Vang Gogh painting is not art, but BUSINESS, as it is an INVESTMENT MANIPULATION, letting investors put money on it and getting more and down the line. Vincent van Gogh (1853-1890), sold only one painting during his lifetime, different theories exist. NATURE DOES NOT CARE ABOUT OUR CURRENCIES AND BORDERS.
'Scientists are failing on Science obscuring our future!'.
https://press.princeton.edu/books/paperback/9780691156286/how-old-is-the-universe
“Astronomers have determined that our universe is 13.7 billion years old. How exactly did they come to this precise conclusion? How Old Is the Universe? How was the universe 100 billion of years ago? The best answer by Epistemology and Metaphysics of Science: WE DO NOT KNOW THE AGE AND SIZE OF THE UNIVERSE This silly statement of 13,7 billion of years assume that one day IN THE PAST nothing existed and then the next day the universe was born- LIKE A MOTHERLESS BABY! Probably some stars so far away, might exist, but their lights haven’t reached us yet. Some lights may still come and others not as our planet has an expiration date!
Trying to understand a massive violation of my first issued patet (US Pat. 6,766,817) by USPTO I noticed that many SCIENTISTS inventors employing the terminology ‘wick/wicking’ neither understand the functioning of oil lamps nor Hydrogeology, concerning the principles of the Hydraulic Zones. Also, most of them were not lectured about Philosophy of Science to undestand how science works.
They come up with scientific flaws as wicks only have negative hydraulic flow (unsaturated). Wick is a porous flexible structure that moves fuel upward to the flame (Unsaturated Hydraulic Flow). Besides of hydrodynamic properties, wicks also need to resist to high temperatures of flames. It is a basic Etymological flaw to call something as a wick that fails as wick on oil lamps. Even more, wicks could never be used as a draining porosity. After all, wicks never worked in the bottom of oil lamps. The sciences that handle fluids moving on porosity. like Hydrology, Hydrogeology and Soil Physics have no single quotation on wick/wicking simply because the Hydrodynamics is far more complex than oil lamps, requiring no flames at all, just a HYDRAULIC GRADIENT.
What is the point of USPTO allowing frauded patents, that does not work from lay inventors and wealthy corporations, violating claims already issued, grounded by advanced scientific background of classical sciences HYDROLOGY, HYDROGEOLOGY AND SOIL PHYSICS plenty on libraries? Illiterate people do not write patents as literate ones are educated enough to avoid such embarassment. After all, the US as the leader of the world is supposed to be serious and show some coherent and logical behavior.
'Is it a result of naive negligence on duties, or just a daring will to insinuate how far stupidity can reach? After all, Americans wasted around 1.2 million lives of their citizens to Sars-Cov-2 in the last pandemic more than of all wars combined. It seems that profiting was more important than saving lives, till hospitals got clogged and colective burials started, making the US the largest tragedy on COVID-19 in the world!
THE WORLD NEEDS A BETTER LEADERSHIP in order to PURSUE A BALANCE WITH NATURE.
Ignoring SCIENCE is like misstepping with DUE CONSEQUENCES!
Flooding in the South of Brazil, tragedies from Sars-Cov-2 and Genocide in Gaza and Ukraine show that politicians fail on their duties harming families and children by sponsoring weapon industries and biased leadership for ignoring NATURE FUNCTIONING.
‘What is the chance that Alfred Nobel author of 355 patents and Albert Einstein author of 50 patents would be beyond the boundaries of comprehension on their own issued patents granting them protection for their intellectual property achievement?’
Para: Elson Silva, PhD
-------------------
FOOD FOR THOUGHT – If an inventor PhD from Harvard can have USPTO issued patents to protect his intellectual property rights but he does NOT understand it, how much the Patent Attorney and Patent Examiner knows about the issue granted protection by US Government. If it holds true, it means that Lawyers know about science more than scientists do. Amazing! I just imagine TODAY Albert Einstein trying to get patents with his scientific papers .. . It means that those guys in the patenting affairs would handle Theory of Relativity more than him.. Awesome, Mayday Mother Nature!
My ‘scientific breakthrough’ deals deeply with Hydrogeology/Soil Physics/Hydrology. When I took classes at the Pennsylvania State University
Would a signed DOC called POWER OF ATTORNEY to let PATENT ATTORNEYS becoming SCIENTISTS just because they got B.S. in some field of science? WHERE IS THE BOUNDARY between LAW and SCIENCE inside an ISSUED PATENT?
Who decides in a patent conflict? Jury? Judges? Scientists? Who undestand the boundaries of SCIENCE?
What is the LEGALESE of science?
If my patent was being violated I had simple questions to pursue:
· Was it a casual violation or a clear biased trend?· Had the examiner already cited my patent earlier?
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From: Moulis, Thomas <Thomas.Moulis@uspto.gov>
Date: Fri, Aug 7, 2015 at 12:40 PM
Subject: RE: Conspiracy and Brainwashing III – USPTO is preaching to their Patent Examiners that they do not need to be known in the art for judging and allowing IP rights when issuing patents!
To: Elson Silva, PhD <tubarc@gmail.com>
Date: Fri, Aug 7, 2015 at 12:40 PM
Subject: RE: Conspiracy and Brainwashing III – USPTO is preaching to their Patent Examiners that they do not need to be known in the art for judging and allowing IP rights when issuing patents!
To: Elson Silva, PhD <tubarc@gmail.com>
You are a fool---
If you can’t understand legal or technical writing, you have no business blogging about it
“Wicking” is a term of art---fluid will travel in any direction via the fibers—regardless of gravity
-------------------(It means that Legal oil lamps and Legal candles can work upsided down immune to gravity! Oh Dear!)
(It means that Legal oil lamps and Legal candles can work upsided down immune to gravity! Oh Dear!)
"Wick/wicking is in the US patent classification system (WIPO as well) but not on HYDROLOGY textbooks."
LEGAL WICKING as the term of the art regardless of gravity confirms USPTO long standing bias more than a century ignoring hydrology on conductivity parameters of issued patents:
LEGAL WICKING as the term of the art regardless of gravity confirms USPTO long standing bias more than a century ignoring hydrology on conductivity parameters of issued patents:
How important is HYDROTECHNOLOGY as a NEW SCIENCE?
The technical importance of Hydrotechnology can be verified by exploratory analysis of the conductivity parameters: Thermal, Electric, and Hydraulic; mentioned in the issued patents in the US
USPTO search issued patents on:
Jan 07,2015 Nov 30, 2023Thermal/Heat Conductivity 100.744 176.074Electrical/Electric Conductivity 76.949 139.254
"Violation of science: Why bad apples spoil the barrel?" C O N T A M I N A T I O N !
It can be concluded that Unsaturated Hydraulic Conductivity mentioned in only 29 issued patents on January 7, 2015 had been ignored by USPTO inventors opening a wide GAP for a new science - Hydrotechnology. A large number of issued patents that mention the term ‘wick/wicking’ 33,577 (66.415) issued patents shows a huge technical-scientific gap as lay people unaware of Hydrology try to develop fluidic devices without checking specialized scientific literature plenty of libraries from old and classical sciences..
'SCIENCE is our understanding on nature functioning'.
HUMANS learn to respect NATURE early as babies on the first steps taming gravity for walking and running. Soon we understand the consequences of misstepping and falling down.
IN CONCLUSION, all issued patents dealing with wick/wicking are CERTAINLY frauded because PATENT EXAMINERS ignored their homework from the beginning of their lives - GRAVITY.
Sir Isaac Newton defined the Law of Universal Gravitation in 1687. He was inspired to formulate his theory of gravitation by watching the fall of an apple from a tree.
Enviada em: quarta-feira, 5 de outubro de 2011 11:36
Para: Elson Silva, PhD
Assunto: RE: {SPAM?} Protecting Hydrology Science from REINVENTION
University Professor Emeritus
Educational Psychology
---------------------------------
After 30 years teaching Educational Psychology at the University of Connecticut, Steven V. Owen, Ph.D., became a biostatistician at the University of Texas. After a decade, he retired to Northern California. Dr. Owen has served as evaluator and statistical consultant on more than 50 projects and grants and has authored or coauthored more than 100 publications.
Dr. Owen, my entire life I have been keeping up with this special prescription from Mother Nature:
http://youtu.be/E3d-JRg28p8 https://youtu.be/czv2OiiC5wA
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This email from an Emeritus Faculty of Educational Psychology provided valuable insights and feedback showing how deep the academic community is compromised on scientific affairs in the US.They were supposed to know that Darcy’s Law on Hydraulic Conductivity is not written in the US constitution, but endorsed by Mother Nature. THE US AS THE FIRST ECONOMIC POWER IN THE WORLD GRABBED TWO-THIRDS (411/621) OF NOBEL PRIZE NOMINATIONS FOR SCIENCE. Exploratory Analysis shows that the American scientific community has been violating Hydrology science in the Patenting System more than a century, leaving a gap huge enough for a new science Hydrotechnology. It seems that working with the Chemistry of explosives is far more profitable than the Hydrology of self-watering flower pots.
It is very likely that that few scientists do understand the meaning of their titles PhD as Philosophy Doctor from Philosophy of Science (Epistemology, Metaphysics, Logics, and History of Science).
In my neighborhood, I saw the Scientific Police taking pictures of swings I installed on trees for children in the Park during the COVID-19 pandemic lock down. Society try to employ the word SCIENCE for POWER, but there is a misunderstanding as scientific principles claim TRANSPARENCY and HONESTY. Nature is in charge of SCIENCE as there is no POLICE to enforce Nature LAWS. Even religion try to use Scientology for credibility. I like the simple conception that God = Nature. However, Nature writes no books, promises no lands, no life after death, NO WAR or death in name of a divine. RELIGIONS were created to attenuate losses on human conflicts, attacking or defending conmmunties. But now, it is acombination of POLITICS and BUSINESSES exploiting human broad ignorance. In around 4 billions of years of our planet, it seems that we got no aliens to affect our evolution. Plants developed the basic bioengineering of making up organic matter, but herbivores and carnivores inherited partial reengineering to breaking down sun energy harvested in the chemistry of carbon molecules. Nature also designed the reproductive system for each life being to ensure survival and evolution. Most probable we are not leaving our home until the end in 6 to 8 billions of years. Human challenge is to keep nuclear weapons safe, cropping soils, mining our minerals and preserve our home in balance with nature functioning, making our blue planet good for all humans. So, we are protected from aliens as they are protected from human continuous arrogance and destruction. WE HAD TO CALL OUR OWN SPECIES as homo sapiens TO PRETEND THAT WE KNOW.
What we see in the universe is just for light travelling at 300.000 km/s. So far, our modern rockets can travel up to 30.000 km/h (1 hour = 3.600 seconds)
If we increased the speed of our rocket TEN TIMES to 300.000 km/h. it would be travelling in ONE HOUR what LIGHT CAN TRAVEL IN A SECOND! Human knowlege is very limited in the extremes of time and space. We need to learn to say: WE DO NOT KNOW IT!!!! We do not know how big the universe is, how it started, and how old it is, etc.
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THE WORST CRIMINALS ARE IN THE CHAIN OF POWER, not serving time in jail! The American president caught doing oral sex in his office, was the speecher of my PhD commencement at Penn State Univ. The university president who signed my PhD diploma let young boys being raped for a decade in the facilities where I got my scientific education. The higher education that Americans can provide to their citizens come from ‘scientists’ authors of US patents beyond their comprehension, violating science and supporting a reinvention policy. Like in my neighborhood, the GENOCIDE IN GAZA DECIMATING WOMEN AND CHILDREN comes from POWERFULL PEOPLE with scant affection to families and children. Justice has the power to make the TRUTH legal or illegal, by ignoring Nature and stepping over the boundaries of science, supporting dangerous dictators careless enough to destroy our planet.
Only HONESTY is the unique equation to ensure our future.
Why Hydrotechnology as a NEW SCIENCE is lagging like a ghost since 2014?
1. REINVENTION POLICY in the US is just one more outcome from the rooted economic ambition in the richest country in the world by letting greed and fear replace offer and demand, neglecting HONESTY and reasoning, causing the 2008 Economic Meltdown burning 41 trillion dollars of the world economy. The Covid-19 tragedies was a struggle between saving lives and profiting, when the US as the leader wasted around 1,2 million victims, that was only restrained with clogged hospitals and collective burials. In addition, Americans are the leader of a spreading obesity having a third of its citizens obese and two-thirds overweight by combining excessive food and machinery with sedentary lifestyles and electronic gadgets brooding a SPECIAL MODERN MAN with lower brain resources from neurogenesis effect reducing neurons and mood, making humans dumber and grumpier, tougher to rescue.
2. HONESTY is a vanishing human attribute inside corporations, government, institutions, academic, and scientific communities. Like muscles, our brain also comes with variable performance potential. We try to coin the best brains as intelligent, but it is a waste of natural resources if gifted ones do not take care of themselves and the wellbeing of their own species. A simple deduction of curbed waistlines come from clever ones.
3. Today, any scientist following the steps of Alfred Nobel would end up in Guantanamo Bay or a tycoon of weaponry industries on Wall Street waging wars on poor countries. Alfred Nobel known as the ‘Merchant of Death’ and ‘Father of Dynamite’ installed 90 weaponry plants claiming as a pacifist. He never attended any university, nor did he obtain any degree. It shows that working with the chemistry of explosives is far more profitable and accepted than the Hydrology of self-watering flowerpots.
4. Modern Scientists of academia assume that dozens of articles published on WEALTHY scientific journals and a VALUEABLE Nobel Prize nomination is the beacon of science, by endorsing economic power and ignoring Nature balance functioning. The American scientific community ignored HYDROLOGY on patenting affairs more than a century leaving a gap huge enough for a new science HYDROTECHNOLOGY. The US grabbed 2/3 of Nobel Prizes (411/621) clearly supporting a WICKED REINVENTION POLICY, outstanding enough for an Economic Nobel Prize nomination, by concocting many folds of INVENTION, creating the same thing over and over playing variable etymology, in the hands of powerful people bearing low brain resources.
5. The press became highly biased on profiting by highlighting and/or suppressing critical information, as fear and greed make happiness and peace nearly worthless. Nature does not care about the economy as the rainfall and the sunlight come to us FREE OF CHARGE. Freedom of expression is more a business than a human right.
6. It seems that the Pandora’s Box is open to let scientists refresh presumed principles, as Nature has no need of enforcement and faith. Humans bow to Nature early as babies taming gravity for walking and running. Falling down is the simple consequence of neglecting gravity by missteping. We had been deceived that weirdoes would sing open sesame on nature secrets, as scientific discoveries must come from expensive labs.
7. How to measure the value of science? How to assess the importance of knowledge? How to pursue a balance with Nature? Uncontacted natives of Amazon jungle have enough knowledge to survive in balance with Nature functioning bearing ZERO obesity, ZERO deforestation rates, and NO POWER TO DESTROY OUR PLANET.
8. The PATENTING SYSTEM is a scientific issue, not a LEGAL ONE. Law Schools just teach about Laws of man. Inventions come from increase of knowledge expanding the boundaries of science which deals with Nature functioning. A modern CAN OPENER may need Material Science, Mechanical Engineering, Electric and Electronic Engineering, so it can have memory, Wi-Fi, webcam, temperature and pressure sensors, timer, self-functioning and recording options, etc. Besides cans are replaced by high tech packaging.
9. LEGAL SYSTEMS are human and highly prone to distortions playing with the truth between legal and illegal, while SCIENCE bow to Nature functioning as gravity, for example, is unique and always loyal to everything, everywhere, and every time. THE TRUTH MAY BECOME LEGAL OR ILLEGAL, harming science or supporting dangerous dictators.
Concepts of unsaturated flow can be developed by employing artificial porosity between hydraulic zones with a longitudinal continuity far more consistent and advanced than the granular porosity of rocks and soils. The fluid moves reversibly into a response of the hydraulic gradient which can be outlined to work under gravity conditions or a more complex setup always exploiting molecular connectivity on fluid dynamics.
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Absurd 1 – I am not a Hydrologist. To be honest none of them is a Hydrologist since neither wick/wicking nor microfluid can be found on Hydrology textbooks. All those people violating science, breaking the Law and colluding with USPTO on reinvention and brainwashing is familiar with water science just by washing hands and taking shower. Paul Yager, PhD is a Chemist mentioning wick 54 times at his patent application (20150361487).The size of this shame can be gauged on numbers as today Jan 10, 2016 wick/wicking is mentioned in 35.499 issued patents while Unsaturated Hydraulic Flow is mentioned in just 42 issued patents. It can be observed that my three issued patents were the first ones to deploy Hydrogeology to the fluidic devices in the patenting system (6,766,817, 6,918,404, and 7,066,586). (De: John Mehl [mailto:jmehl11@hfs.washington.edu] Enviada em: sexta-feira, 8 de janeiro de 2016 16:56 . . . I don’t know why you would send this to me. I am a chef, not a hydrologist. Please remove me from your email list. Thanks, JOHN MEHL, Executive Chef & General Manager, McMahon 8, Housing & Food Services – UW Dining). So, I have no need to send emails to Hydrologists.
- USPTO hides the technical background of Patent Examiners as we do not know how much they are known in the art for judging the boundaries of technical issues for inventions (Epistemology)
- USPTO allows multiple applications of the same invention collecting more money from wealthy parties and letting some of them get through by lay Patent Examiners
- USPTO assigns lay examiners that allow reinvention with flawed lazy patents from wealthy parties colluding with corrupt dishonest Patent Attorneys and Patent Examiners.
- Inventors are forced to sue wealthy parties violating their issued patents sometimes with flawed patents feeding a surge of Lawyers and bureaucracy that plunder on this ongoing conspiracy.
Is it possible to reinvent the same thing over and over varying inventors and/or dates?
From: Arlen.Soderquist@USPTO.GOV
To: elson_silva@hotmail.com
Subject: RE: People behind wick/wicking neither understand HYDORLOGY nor the functioning of oil lamps!!!!!
Date:
Dr. Silva
The language of a claim is important as it defines the scope of the invention. It is possible that your claim 1 does not actually claim what you think it does and that could be part of your problem in trying to enforce your patent. Just so you understand how I would interpret the language of claim 1 in your 6,766,817 patent, I have prepared the following diagram.
Step 1 or the conducting step is “conducting a fluid from a saturated zone to an unsaturated zone utilizing a tubarc porous microstructure”. Step 2 or the delivering step is “delivering said fluid from said unsaturated zone to said saturated zone through said tubarc porous microstructure”.
I have added emphasis to the words “from” and “to” because they are critical to the direction of fluid movement. The result of the two steps is that the fluid goes from the saturated zone to the unsaturated zone and then back to the saturated zone. For someone to infringe claim 1, it requires two way movement of the fluid along the tubarc porous microstructure: first from the saturated zone to the unsaturated zone followed by movement from the unsaturated zone to the saturated zone. While that may have been what you intended to claim, the process for that to occur is more complex than the claim would indicate. However the process that causes fluid to move is easily understood from column 6, lines 29-45 in your patent which I have reproduced with added emphasis. The fluid moves along a gradient from a region of higher potential to a region of lower potential and is reversible if the gradient is reversed.
“The above and other aspects can be achieved as will now be summarized. Methods and systems for harnessing unsaturated flow of fluid utilizing a conductor of fluid having a tubarc porous microstructure are disclosed. The conductor of fluid may be configured as a reversible unsaturated siphon. Fluid can be conducted from a region of higher fluid matric potential to a region of lower fluid matric potential utilizing a reversible unsaturated siphon with tubarc porous microstructure (e.g., positive zone to negative zone). The fluid may then be delivered from the higher fluid matric potential zone to the lower fluid matric potential zone through the reversible unsaturated siphon with tubarc porous microstructure, thereby permitting the fluid to be harnessed through the hydrodynamic fluid matric potential gradient. The fluid is reversibly transportable utilizing the tubarc porous microstructure whenever the fluid matric potential gradient changes direction.”
Unless I am wrong, the region of higher fluid matric potential is the “saturated zone” of claim 1 although it doesn’t need to be “saturated” for fluid transfer to occur. Again, unless I am wrong, the region of lower matric potential is the “unsaturated zone” of claim 1. However, I would note that the above paragraph differs from the language of claim 1 in one significant aspect. The delivery step in claim 1 is from the unsaturated zone (the lower fluid matric potential zone) to the saturated zone (the higher fluid matric potential zone) while the paragraph delivers liquid in the opposite direction. That is why I drew the arrow showing the fluid transport/movement of the delivery step in the opposite direction of the conducting step. If you intended the delivery of the fluid in claim 1 to be in the same direction as the conducting step, then the “saturated zone” and the “unsaturated zone” are reversed in the delivery step from what you intended. If that is the case then your claim language has a problem and does not claim what you intended to claim. If you did intend for the fluid movement in the delivery step to be in a direction opposite from the conducting step, then the claim language reflects what you wanted. I do not have a problem with that because the last sentence of the above paragraph clearly teaches that the fluid is transportable either way as long as the relative fluid matric potential gradient is in the direction that the fluid is moving. However, claim 1 does not reflect this change in fluid matric potential gradient and could be considered incomplete, inoperative or not enabled for that reason.
I appreciate your desire to use appropriate terminology to describe your invention. I would love to have limits on the language that one uses to describe an invention. However the courts have decided that an inventor can choose the terminology that they use to describe their inventions. This includes creating names to describe something that they have done or invented. I see that you appear to have created the name “tubarc” to describe the porous microstructure that you have invented. Just as you exercised your right to create a name for a structure that you have invented, others have a right to use available terminology or create their own names to describe their inventions. That can make it hard to search for a claimed invention: either because there are thousands of references in a computer search (wick/wicking) or only a few (unsaturated hydraulic conductivity).
With regard to my credentials and/or training, it doesn’t matter if I have a PhD or only a BS degree. I am not hiding it. If you want to search the literature, you can find both papers I have coauthored and my degree. But I doubt that you would feel any different about what I say even if I had a BS or PhD in hydrology. I choose to not identify the degree I hold because whether it is a BS, Masters or PhD if I am wrong, I am wrong and if I am right, I am right. While being trained in the area that one examines is helpful, it is not required. What is the difference between one that has newly graduated with a BS degree and one that has graduated with a PhD degree? A few more years of study and work/research in the subject of their degree. If one gains the same knowledge and experience through years on a job after obtaining a BS degree, are they somehow less than the new PhD with no work experience? I have seen people that proudly display titles after their name that show years of schooling make the same mistakes that one without a degree make. I have also seen people without significant schooling say things that showed a lot of though and understanding. For that reason, I try not to look at who people are or what titles they have earned. Rather I try to look at what it is they say and do. For that reason I would rather have people judge what I do and say for what it is rather than who said it. Because as I said above if I am wrong, I am wrong and if I am right, I am right regardless of who I am.
From: Arlen.Soderquist@USPTO.GOV
To: elson_silva@hotmail.com
Subject: RE: People behind wick/wicking neither understand HYDORLOGY nor the functioning of oil lamps!!!!!
Date: Thu, 2 Jul 2015 23:44:46 +0000
Dr. Silva,
I am a scientist that came to work for the patent office. Since coming to the patent office, I have been trained in patent law and the patent examination process. In the patent examination process an examiner picks up an application that has been assigned to them and works to learn enough about the invention that they can determine if the claims are patentable. In that process I have studied patents and scientific literature in a variety of areas to learn what is known and make those patentability determinations. Have I taken a formal class in hydrology, hydrogeology or soil physics? No. Do I need to take a formal hydrology class in order to understand that the transport of water through soil, sand, rock and other types of porous earth materials is based on the principle of an applied force: either naturally or externally applied? Or that sometimes one can have opposing forces and whether water moves in one direction or the other depends on the relative size of the opposing forces. No.
Is this a discussion on hydrology? Yes and no. Is hydrology the basis of your invention? Partly, to the extent that it relates to the transport of water through earth materials. However, if the means for that transport is something other than an earth material, it goes beyond the scope of hydrology and extends into the transport of fluids in general. Moreover, a patent is of a scope that is larger than just hydrology. If this discussion is only about hydrology and you do not want to talk to someone that you probably consider a lay person, please remove me from your email list so that you don’t waste your time trying to say something that you don’t feel I will understand anyway.
I will try to answer more of your questions, but will start by modifying your question below. If YOU are a lay person in patents and/or patent law, why you want to discuss a technical/legal issue you do not have the same level of understanding that that you seem to be trying to say that I need in hydrology to be able to talk with you?
Is a patent a scientific publication? No. Yes patents contain a technical disclosure and some are even similar to a publication by one or more of the inventors, but the purpose of a patent is different from that of a scientific publication. A patent is a legal document that teaches one of ordinary skill in the art how to make and use what one has invented and sets the boundaries for the invention so that another person of ordinary skill in the art knows when they are practicing the invention. It can be used to ask a court of law to prevent another person or business from practicing your claimed invention or to get the person or business to pay you a royalty for their practice/use of your claimed invention. It is limited to a device, composition of matter or process. A scientific publication cannot be used in that manner.
A scientific principle may form the basis for the invention or may be utilized to practice the invention, but it is not the invention. For example, the shape of a pore and/or material type on the surface of a pore may influence the surface tension/attraction between a certain type of liquid and the pore which facilitates or impedes its movement through a porous material. However it is the shape of the surface and/or the type material at the pore surface that is claimed. This ensures that someone of ordinary skill in the art can understand/determine when they are practicing another’s invention. It also helps a lay person in a jury being asked to judge whether or not the invention is being infringed/improperly used.
Can a person without formal training in a particular field invent something that in that field that works? Yes. An understanding of the principles involved in a particular structure, composition or method being able to function in the intended manner is often helpful, but not necessary to developing something that works. Sometimes lack of knowledge initially frees one of the prejudices that come with knowledge, allowing them to try things that an expert would dismiss based on an expectation of failure.
If this were a perfect world the patent system may not be needed. Is the patent system perfect? No. Is any patent examiner perfect so that any application they work on that becomes a patent that will survive any legal challenge that may happen? No, I, like every other examiner, am not perfect, make mistakes and am capable of failure. Do I work hard to use the resources available to me to find the closest related patents and/or scientific literature available to make my decisions? Yes. Can I miss things? Yes. If someone uses the term “wick” in an application, do I have the skill and/or knowledge to determine what it is they are talking about to the point that I can search and find prior art and make the patentability decision that is required? I believe that I do.
You cite two instances where people have used a particular phrase to describe a particular type of movement through a porous material. Are they available in a computer searchable format or would I need to sit in a library for days, months or years to find them? Can you tell me where to find all that has been published related to hydrology over the last three hundred, one hundred or even fifty years. I don’t know that there is anyone alive that has that knowledge. Maybe more important from an examiner’s perspective of being able to find what is available, can you tell me all of the terms/phrases – lay, legal and scientific/technical – I should use in my searching so that I can be sure to find all the patents and published literature related to hydrology if I had an application directed to an invention using hydrology? This list should probably include those terms/phrases that have been used only one time as well as those commonly misused to describe hydrological properties, parameters and/or principles.
One final thought, if there is a problem with the way in which patents to others are granted that as you seem to feel allows them to get a patent that they shouldn’t have, then how can you be sure that that same system didn’t fail when it issued any of your patents? You as well as every other inventor that holds a patent are treated as having a valid patent in a court until there is evidence presented that the patent is invalid. I understand that you probably don’t have the means to challenge every patent that you think is invalid, but they have the same right as you to practice their invention until the court says that they can’t or they decide it is not worth it to continue to practice their invention. While it may not be the best system, it is what is available until laws change.
From: Arlen.Soderquist@USPTO.GOV
To: elson_silva@hotmail.com
Subject: RE: People behind wick/wicking neither understand HYDORLOGY nor the functioning of oil lamps!!!!!
Date: Thu,
Dr. Silva,
I believe your problem is one of language and how it is used to define an invention in the patent application process. As you know, words have one or more definitions and which definition is used/appropriate may vary depending on the situation or context in which it is used. My understanding is that occasionally, the same word in Spanish can mean different things depending on the country of the person speaking. Additionally, two people from different countries that speak Spanish may use different words to describe the same thing. A similar situation can exist in patents and patenting: a term or phrase can have a definition that is different from the same term or phrase used in science, engineering and/or in an English language dictionary. Some time it is narrower, but often it is broader than what one might find in a dictionary. The definition of "wick" from Oxford Dictionaries follows.
noun
A strip of porous material up which liquid fuel is drawn by capillary action to the flame in a candle, lamp, or lighter.
verb
Absorb or draw off (liquid) by capillary action:
Sentences using the verb "wick"
‘these excellent socks will wick away the sweat’
‘synthetics with hollow fibers that wick well’
The verb wick has a broader definition than just transportation of liquid fuel to the flame in a candle, lamp, or lighter. It is the broader meaning of that verb used in the example sentences that is generally applied to the term "wick" in a patent claim regardless of whether it is a noun or a verb. Thus a porous material that will transfer a liquid by capillary action is often referred to as a "wick" or "wicking material" in patents. Below are some examples of the use of the term "wick" that predate your invention.
Issued
ABSTRACT:
Test device for detecting low concentrations of substances in test fluids comprising an absorbent wick having a substantially flat surface portion enclosed in a fluid impervious sheath having an aperture of predetermined limited area formed therein, the aperture being contiguous to and exposing a predetermined limited area of the flat surface portion of the wick, which portion is incorporated with a reagent specifically reactable with the substance being detected. In use the device is immersed into the test fluid so that the aperture is submerged and the device, allowed to remain therein while the test fluid contacts the reagent area adjacent to the aperture and migrates into the remainder of the wick. The reagent is immobilized with respect to the liquid. The sheath adjacent to the wick is opaque.
C A METHOD AND APPARATUS FOR THE DETERMINATION OF PHOSPHORUS IN AQUEOUS SOLUTIONS
Issued
column 1, lines 56-59
The enclosed hollow chamber 12 has a drain end through which condensed sample material flows into a drain tube 60, usually through a wick 62 which extends from the bottom of the chamber 12 into the tube 60.
Issued
column 5, lines 13-33
A fourth form of apparatus for applying liquid sample to an absorbent pad 20" is shown in FIG. 3. Pad 20" is formed in the same manner as pad 20. A vessel 34 filled with liquid sample 35, has a wick 36, comprised of absorbent material, dipped into it. The wick may be comprised of any of the materials of which the absorbent pad 20" may be comprised, and make take the form of an elongated thin string or any other form which permits transmission along wick 36 of liquid sample from container 34 to pad 20". Wick 36 is in contact at 37 with pad 20". Liquid 35 travels along wick 36, as the wick absorbs the liquid. When the liquid on wick 36 contacts pad 20", pad 20" absorbs liquid from wick 36. The absorption by both wick 36 and then by pad 20" continues until both of them are saturated, and then halts. The period of time allowed for the absorption process must be sufficient to permit both the wick 36 and the disc 20" to become saturated and may be permitted to be longer than this. After the disc 20" is saturated, the wick 36 is separated from it and saturated pad 20" is holding a known volume of liquid sample.
US 3511570 A METHOD OF PREPARING SAMPLES FROM SOLUTION
Issued
column 3, lines 5-22
Element 20 is formed of a matrix material meeting a number of criteria. It must be capable of being compressed to form a porous mass wherein the pores are interconnected to form channels of size appropriate to allow capillary flow through the mass of a solvent and a solute sample. It further must be a solid capable of being compressed, as from a powdered state, into an imporous mass or disc that is substantially transparent to the radiation of interest, e.g. does not, in the compressed transparent form, exhibit substantial absorption of radiation, such as infrared, in the band of radiation intended for use in identifying the sample material to be mixed with the matrix material. Of course, the matrix material should be relatively highly insoluble with respect to the solvent to be transported therethrough when the material is in porous form 20 and should be substantially nonreactive chemically with either the solvent or the solute.
column 3, line 71 to column 4, line 7
The porous matrix acts as a wick and therefore by capillary action transfers the solutions to the other end 24 of the elongated element. Coat 26 serves to prevent solvent evaporation from the surface of element 20 except at end 24, As solvent evaporates from exposed end 24, the concentration of the solute sample in the exposed end increases. Of course, the length of time one continues to wick solution through element 20 depends on a number of factors such as solvent volatility in the ambient atmosphere, temperature, the original concentration of solute in the solvent and the like.
As you said the use of a porous material to "wick" or transfer a fluid through capillary action is not new. Its use in the patent literature predates your invention and has established a definition for the term that predates your invention(s). Fortunately or unfortunately, that definition affects all applications containing the various forms of the word "wick" that are filed. Without defining a particular term/phrase to mean a specific structure, composition or set of process steps, words in a patent and patent application are treated as having their normal, established definition. That definition may not distinguish your "wick drain" from another porous material that is being used to transfer material through capillary action (see US 3607070 described above) to a drain of some sort. I hope you agree that the "wick" being described in the above patents has a structure that covers a wide range of materials. For the most part they are probably different from the "wick drain" or "long strip about 0.5 cm thick and 10 cm wide and consists of a plastic core wrapped with geotextile filter" that you appear to have invented. However, using the term/phrase/language "wick drain" does not necessarily distinguish your invention/material from any other porous material that can transfer a liquid through capillary action.
Dr. Silva,
I see that I have wasted your time. Sorry. I will not take any more of your time.
