Category Archives: CounterCurrent

Patent holiday

It’s been days since I’ve shaved. I’ve spent 3 solid days over the Thanksgiving holiday hunkered down in my office studying patents and following threads through the IP swamps of Mordor.  A friend has engaged me to do some consulting and needs an IP map of a particular realm of industrial chemistry. I have no confidentiality overlap with this area of technology so I agreed. It sounded so easy when I said yes and estimated my fee. Now that I have blown well past anything I could ever hope to recover in terms of billable hours, I’m still blasting and hand shoveling muck from the pit of my own making.

His company is currently putting a plant in the ground to produce a well known commodity and the question foremost in their minds is- what added value beyond [—] does the product have?

I’m reasonably good at diving down the rabbit hole in the patent world and finding what I need to know. But the current project has forced me to press into use more USPTO resources since I don’t have a personal SciFinder account for this work. Especially useful has been the classification system.  Patent lawyers will scoff at my swoon over this and flash their Esquire stinkeye since they are all too familiar with it. But chances are they don’t use SciFinder like chemists do.

SciFinder’s ability to find patent families from a structure or CASRN input is phenomenal. Even from within Markush claims.   I’ve had one search with combined SciFinder/USPTO resources compared with legal specialists using their own search tools. My search was just as exhaustive as theirs. Yes, SciFinder has flaws. And not finding claims is like a negative experiment.  But it is a very good tool for combing the ground.

Part of my approach stems from my natural inclination to browse. I drive people nuts when I go to a store with them because I will thoroughly examine the contents of the store for interesting items.  I drive the merchants nuts because my browsing rarely results in a sale.  (Notice that the theme is that I drive people nuts.)

Once you find a lead patent it is important to search the classification as well as cited patents. It is a simple matter to do a search by classification and dredge up hits. Once the fish are on board, it is about sorting the results and casting the trash fish back in the water. 

Google Patents is an excellent resource and I heartily recommend it. It retrieves pdf’s of the entire patent document as well as providing links to patents cited and those patents citing the patent of interest. It also links to the the classification site at the USPTO. A simple click of the mouse in the USPTO site pulls up a search of all of the patents under that classification.

On occasion, Google patents will not retrieve a particular patent or application. This seems to happen with very newly issued patents and applications in general. For this circumstance I use pat2pdf.org.  You might have to monkey with the formatting of the application number string, but it almost always returns the document eventually.

OK. It’s fine to be able to retrieve a bunch of patent numbers and pdf’s. But soon one becomes overwhelmed by the large amount of highly dense data that has been recovered.  In my surveys, I use a form meant to collect key information, but sized in a manner so as to limit the amount of detail I can write down. Feel free to use this form or modify it as you please.

Patent Summary Blank Form

At some point it becomes useful to use Excel to develop a matrix of patent information. In particular, one can retrieve a list of patents from the PTO and cut and paste them into Excel. They’ll paste as hotlinks, so all you have to do is to right click on the cell and select the unlink option. Tedious but effective.

I have developed an Access database to store patent information and other IP office actions and produce reports for due diligence studies. This is very handy, but eventually you become enslaved by upkeep as is true with all database tools.

Am I suggesting that one does his own lawyering? Not at all.  But if you’re in high tech manufacturing, one must be very careful to avoid infringement. It it crucial that a few technical people in the organization be familiar with the patent picture.  It is far better to avoid infringement in the first place than to have to find a way out of it.

The best way to use a patent attorney is to be informed in all interactions with them.  While they can often noodle through a problem presented to them by napkin scribblings and hand waving, it is best for the client to be knowledgeable about the patent landscape and to help the attorney to focus on the key legal issues. Good lawyering happens when the attorney clearly understands the nuances of the problem and can act accordingly. Having a list of prior art or other IP facts will save you billable hours in the form of research and needless office actions.

Your attorney is an officer of the court and has a legal obligation to honesty and fidelity to the system.  Being well informed in advance and working cooperatively with a patent attorney will go a long way to staying out of litigation.

The other good reason for closely studying the patent literature is to find what some call the “white space”.  This is the negative space around the claimed art that is not claimed and is likely to be free to practice or fertile enough to file a application on. If you Google “patent white space” you’ll find that this is a cottage industry.  A study of white space may provide insight into maneuvering room around a patent.

The tell-off

One of the tricks screen writers and playwrights use to pull you into the finale of a story is the tell-off.  You know what I’m talking about. It is the monolog or the heavily one-sided dialog where one party reads the riot act to the other.  The best tell-offs are dispensed with some verbal whup-ass and topped with liberal dollup of comeuppance on a big honkin’ slice of just deserts. My Gawd, it’s some kinda good!

In the play I was in recently, my character was told off or shouted down by three other characters. The tell-off and a chase scene are the staples of American theatre and cinema.

Here is a link to an editorial addressed to the president of SUNY Albany, found in the journal Genome Biology. So, president Gerrge M. Philip has been told-off in no uncertain terms.  Now, somebody in a red Fez has to chase him through a seedy bazaar in Marrakech with goats and chickens scattering everywhere for the total dramatic effect.  It’s the natural order of things.

Th’ Gaussling’s Epistle to the Phosita’s. PTO is Hiring

Got an email from a  friend who is a patent examiner. I thought I’d pass the rumor that the US Patent and Trademark Office is planning to hire 1000 more examiners in the coming months, 100 of which will be in the chemical field.  The USPTO website seems rather perky as well.  I can’t verify the accuracy of the number of hires planned- it’s just what my examiner friend said.

The good news is that it is a job with benefits. The bad news is that you have to live in the DC area, study patent applications all day, and haggle with endothermic patent attorneys.  For an interesting view of life as an examiner, read the blog Just a Patent Examiner.  Remember, Einstein was a patent examiner. Hmmm …. I wonder if he understood novelty?

My friend said that the goal is to fill the slots before the hoard of angry Tea Party Pissants take over the house next year.  (Well, ok. He said republicans. I made up the part about Tea Party Pissants)

I can’t bring myself to apply.

I wonder if an examiner must have more than ordinary skill in the art? An Über-Phosita.

Terrorists Successful. Americans Terrified.

While the underwear and shoe bombers may have been unsuccessful in their attempts to bring down a jetliner in flight, they were successful in inducing other manifestations of terror.  The US has been installing whole body scanners capable of penetrating clothing so that nameless and faceless citizens employed by TSA or whomever may inspect our body topography.  In addition to this radiological peepshow during check-in at the airport, TSA security has been authorized to pat down our private parts.   

Cause:  Two imbeciles board airplanes and attempt to initiate their explosives. They failed.  Effect:  The USA, the most powerful military-industrial complex for maybe hundreds of parsecs in all directions, is so freaked out by the presence of a mouse on the kitchen floor that it contrives to supply absolute security.  History is full of many examples of foolish attempts by states to provide absolute security.  The impulse to attain absolute security becomes the lever by which authoritarian states pry liberty from the hands of its people. 

The members of the booboisie who promulgate this foolish notion are not automatically bad people. As viewed from lunar orbit, their intentions are superficially honorable. The gaping flaw is that they accept the premise that trading in the protection against unreasonable search and seizure for what can only be a miniscule uptick in security, is a fair trade. 

It is most assuredly not a fair trade, but it seems to have already been made for us. I strenuously object.

Update:  A friend advises that there are already countermeasures available f0r the scanners.  I would recommend a screen printed lead-based paint with an appropriately artful design that would hide, or perhaps exaggerate the body part to be shielded. Alternatively, a witty slogan may be printed.  Perhaps we can source the lead-based paint in China?

Not-so-brave new world

A blog called The Legal Satyricon has an excellent essay on the demise of Senator Russ Feingold. I am compelled to chime in and second the motion. Feingold understands the social equilibrium principle of civil liberty. But a growing population of voters apparently do not.  Feingold’s opposition to the Patriot Act was truly an act of integrity.  He understood the ratchet-like progression of governmental power and saw the Patriot Act, a piece of legislation that seemingly appeared overnight, for what it was. An overreach into the lives of American citizens. An overreach that involves weapons, surveillance, and more rigid control over citizens.

But fearful citizens wielding felt tip markers filled in the ballot bubble for the other candidate and Feingold is out. The fearful imagine they are for basic virtues like liberty, but in fact they pull the covers up to their eyes and vote away civil liberties.

Fear of terrorism is fear of an idea. The “War on Terror” is a blindingly stupid and misleading slogan. This kind of sloganeering betrays a basic educational deficit on the part of elected officials. The same applies to the “War on Drugs”. 

Al Qaeda and the extremisms born of Islamic fever are actions based on a philosophy. There are no armies to fight. There are no uniforms and no enemy insignia’s to put the cross-hairs on.  Only the civilian believers in a notion carry this fight forward.  You can’t hope to win a war on an idea by military invasion.  The War in Afganistan is a bug hunt.  As soon as the lights go off, the bugs come back out. The Soviets discovered this the hard way.

Al Qaeda, then based in Afganistan, slams civilian jets into architectual symbols of American power.  The US responds by lavishing massive invasion forces upon Iraq and sending modest forces to Afganistan.  America’s leaders, lead by that vacuous symbol of virtue, George Bush II, seemed bent on knocking somebody down .  So we went and knocked somebody down. 

We tipped the hornets nest of Iraq and unleashed a pornographic orgy of fratricide. Perhaps the tragedy of Iraq’s expression of rage was inevitable no matter how its evolution played out.  Political outrage fueled by inconceivable injustices and inhumanity brought into sharp focus by Iron age religious doctrines lead to a suicidal conflagration of Iraqi society.  In truth, as a Russian colleague once suggested while we sat in my living room drinking vodka and watching Gulf War 1 unfold on CNN, westerners have no business meddling  in that part of the world because we do not understand it. Its history and rythms are alien to us.  He was right. Meanwhile, Afganistan continues to produce most of the worlds morphine which, when acetylated, gives heroin.

America’s ability to project power is a wondrous thing to behold. We are genuinely good at it. Ask us to solve the problem of poverty or drug abuse and we’ll come up with some rheumatoidal public apparatus to throw money at some of it while the smug and secure bitch about socialism.

But ask us to deliver a missile payload of high explosives into a window from 12 thousand miles away, we’ll spare no expense and put the best minds on it.  We’ll put DARPA on the trail and devise new materials and electronics. Hell, we’ll even put up satellites just so’s we can watch a million dollar explosion on TV.  At least a part of the tragedy of 9/11 is the unleashing of our reflex to make war.  There is a dubious future in armed conflict and we should hold elected officials more accountable when they make war in our name.

Th’ Gaussling’s 14th Epistle to the Bohemians. Enjoy the Ineffable.

Here is a great title for a post- “Effing the Ineffable“.  I wish I’d thought of it.  The author, Roger Scruton, a philosopher, attempts to circumscribe the indescribable and unquantifiable by revealing those who have tried to describe the ineffable. His conclusion is to relent and accept it.  

Having a brain and sensing the external world means that our sensory apparatus and our internal private monolog are interpreting a continuous stream of perceptual input whose format is based on the constraints of molecules and molecular orbitals. Is it possible that this organic object- the brain- is capable of  a broad enough spectrum of perception that it can understand its place in the universe?

I too am tempted to eff the ineffable. Like my philosophical predecessors, I want to describe that world beyond the window, even though I know that it cannot be described but only revealed. I am not alone in thinking that world to be real and important. But there are many who dismiss it as an unscientific fiction. And people of this scientistic cast of mind are disagreeable to me. Their nerdish conviction that facts alone can signify, and that the “transcendental” and the eternal are nothing but words, mark them out as incomplete. There is an aspect of the human condition that is denied to them. –Roger Scruton

Scientists are reductionists by nature. Scientists naturally seek an irreducible representation of a phenomenon and attempt to describe it symbolically. The symbols may be words or mathematical constructs (what ever it takes to get through peer review).

I think where scientists are not so welcome is in the aesthetic domain of the human experience.  Perhaps our place in the universe is simply to be the conduit through which the broader universe is self-aware. We sentient beings should enjoy that role and have some fun with it.

The Three Pillars of Conservatism: Fear, Greed, and Anger

Every election cycle, we get to have a lingering look up the skirts of conservative dancers who tease the audience with alternating glimpses of their puritan knickers and their pasty white backsides. It is at once revolting yet fascinating in a sick kind of way.  Where are those dollar bills I brought …

Conservative Americans have made a virtue of fear, greed, and anger. This is one of the pure, crystalline forces of history. The Three Pillars of Conservatism.

Liberals fail in politics because they inherently misunderstand power and how it works. Conservatives have an innate grasp of power and suffer little from its wanton and extravagant use.  One never hears conservatives praising the ideals of the Greek thinkers. Conservatives are much more like Romans. The Romans made a show of conquest and of alignment to the doctrine and virtue of empire. Romans understood the value of bread and circuses. And that is what we get today every election cycle. A circus.

Wherein the Vagaries of Rare Earth Elements are Considered

Th’ Gaussling was interested to read the August 30, 2010 issue of C&EN regarding the market situation with the rare earth elements. Or, at least certain rare earth elements (REE). The staff at C&EN has finally picked this matter up on their radar. Significant ore bodies are located in countries prone to reflexive autocracy, i.e., Russia and China.

More sgnificantly, as a friend and colleague recently pointed out, China has decided to exercise its Lanthanide fist in by slapping an embargo on rare earth materials available to much of the global market. The affected technologies include those using neodymium (or rare earth) magnets for power generation or motors. Rare earths are used in optics, ceramics, fuel cell membranes, and catalysts as well. It’s a pretty big deal for the rest of us. Lots of American R&D resources have gone into this technology.

This is the political chemistry of the REE’s. China is doing what China does- exercising national industrial policy through an emphasis on development of its natural resources. The USA, with its deep preference for free markets, is doing what it has done the last few decades- waking up surprised after a night of riotously drunken merrymaking in the marketplace. That is, responding to shortages well after the momentum has begun.

While US technologists were busy inventing things with REE’s, China was busy anticipating the upcoming demand for its REE’s. Why? Because raw mat sourcing is what R&D people do afterwards. They develop a widget and then ask how they will source the thing. Just natural. 

While the US was busy shutting down mining operations in the last decades of the 20th century, China has been systematically developing its resources.  China has an abundance of journals and workers devoted to REE technology.  The big corporate mind set in the US recoiled from investment in mineral wealth at home. A great many of the mining operations in the US are operated by Australians, Canadians, and South Africans. Somehow they are not afraid to extract minerals here, but the sons and daughters of the pioneers seem to be shy about it.

China seems more focused on developing its industrial base rather than its consumer base.  While there are some industrial policy lessons for the west here, the fact is that China is as China does.  We should not be surprised at this behavior.

The signals of a tougher Chinese trade stance come after American trade officials announced on Friday that they would investigate whether China was violating World Trade Organization rules by subsidizing its clean energy exports and limiting clean energy imports. The inquiry includes whether China’s steady reductions in rare earth export quotas since 2005, along with steep export taxes on rare earths, are illegal attempts to force multinational companies to produce more of their high-technology goods in China.

Despite a widely confirmed suspension of rare earth shipments from China to Japan, now nearly a month old, Beijing has continued to deny that any embargo exists.

Industry executives and analysts have interpreted that official denial as a way to wield an undeclared trade weapon without creating a policy trail that could make it easier for other countries to bring a case against China at the World Trade Organization. [Keith Bradsher, 10/19/10, NYT. Italics by Th’ Gaussling]

It’s not all doom and gloom. Molycorp has announced an IPO to raise funds for expansion and modernization of its Mountain Pass REE mine.  The geology of this ore body is described at this Cal Poly link.  One of the issues complicating the extraction of ore from this massive igneous and metamorphic carbonatite complex is the proximity to the Mojave National Preserve.

REE’s in geological context

In the cosmochemical bingo of hadean Earth, the landmass that we now refer to as Asia filled in the abundance bingo card with the rare earth group of elements. The combination of plate tectonics, crystalline partitioning of cooling magma, and erosion have lead to surface occurrences of rock rich in REE’s.   This group of metals is commonly defined so as to include Sc, Y, and the lanthanide metals. Others will include the actinides. All have a valency of  +3 in their natural compositions. A few of the lanthanides can attain +2 (Eu) or +4 (Ce, Pr) oxidation states, but these are unusual.  Sometimes scandium is left of the list. In other instances, both scandium and yttrium are left off the list.

A graph of lanthanide element abundance vs atomic number will show a saw tooth curve where the even atomic numbers will be represented with greater abundance. This phenomenon isn’t limited to the stretch of lanthanides and is referred to as the Oddo-Harkins rule.  One reference translated from Russian lists it as the Oddo-Kharkins rule (Ryabchikov, Ed., Rare Earth Elements, Extraction, Analysis, Applications; 1959, Academy of Sciences, USSR; Chapter by V.I. Gerasimovskii, Geochemistry of the Rare Earth Elements, p. 27).

It is not uncommon for REE’s to occur as a group in the same mineral, though Sc is often absent.  I’m aware of at least one mineral occurrence of Sc that is impoverished in lanthanides.  Among odd-numbered REE’s, Eu is especially low in abundance.

Within the REE group, two subgroups are often defined: the cerium subgroup (La, Ce, Pr, Nd, Pm, Sm, and Eu); and the yttrium subgroup (Gd, Tb, Dy, Ho, Er, Tm, Yb, Ln, and Y).

The REE’s show some interesting attributes. According to the Goldschmidt classification, the REE’s are lithophiles, literally “silicate loving”. More to the point, lithophiles are oxygen loving. The REE’s are known to form refractory oxides.  REE’s are commonly associated with pegmatites and, according to Gerasimovskii,  have a genetic connection with granites and nepheline syenites.

See the later post on the illuminating history of rare earth elements.

The Innate Appeal of Fear

I wrote a post a few years ago about a form of social reconstructionism that I recognized as a rebirth or perhaps, a reinvigoration, of the John Birch Society philosophy in American politics. I have noticed of late that others are making this connection as well. 

With the ascendancy of the confederate vaudevillians Glenn Beck and Sarah Palin as well as the Tea Party, Bircher political philosophy is being rediscovered.  Only, I’m certain that few of its new adherents have realized it has a name and is a 50’s cold war relic.  With scholars like Glenn Beck delivering lectures from his Fox TV lecture hall, the Tea Bag side is busily manufacturing consent by doing what preachers have done for a long time. By preaching that our society is in collapse and that the only way out of the impending disaster is to follow their recommendation.  This might be manifested as a more rigid adherence to teaching, or as has happened since the 1980’s, greater assertion of influence in political and social reconstruction. 

The Sky is Falling!!  -C. Little

There is a certain innate appeal to Bircher Philosophy that satisfies the inner fascist in all of us.  It is a manner of thought that feeds directly and almost unfiltered from the fear cortex of the brainstem. When uncertain, be afraid. No need for thoughtful analysis, just reject the unfamiliar. Distrust everything.  If it ain’t ‘Merican, then it ain’t no damned good. Study these principles devotionally, not analytically.

Bircher doctine serves as a political glove over the hand of protestant Christian evangelical fundamentalists who seek to de-secularize American culture, which includes government and the public arena.  They see our country as an errant Christian state taken off-track and into a condition of fallen righteousness by elitist liberal intellectuals bent on some kind of social buggery.  Listening to these folks, it would seem that they are engaged in a great battle between the forces of Heaven and the liberal leather-winged angels of darkness.  I think they have been watching too many Cecil B. DeMille movies.

Running a secular democratic state like the USA is hard to do. At least some citizens will demand an explanation for any given decision.  And they’ll want to argue. But a state run according to some religious conservative principles, well, that’s different.  Iron age justice is swift and harsh.  And how do the leaders know what to do? God came to them and expressed His conservative wishes. See, isn’t that so much easier? None of this ambiguity. It’s all so easy to understand.

I do agree with the conservative side in one way. The federal government is just too large and over reaching. But killing it while the citizens sleep is not the answer.  Neither is replacing it with market-style dynamics or reverting into a Confederate States of America.  The American experiment does not reduce to just a market phenomenon and was not kept running exclusively by righteous church-going people.  It does not reduce to a mere extension of the principles of the founding fathers either. It is all of that and much more.

It is the result of hundreds of millions of hard working, clever people who were born or naturalized into an enabled society without having to adopt narrow doctrines on how to think or without impermeable social strata. The American phenomenon is an artifact of the bell curve. It is the expression of a statistical distribution of individuals making a contribution to the betterment of our society by improving their own lot.  All citizens have the right to think as they please and we do not need conservative clowns to rally the dark side in all of us so that they can achieve their personal needs.

Civic Hygiene

I like to check in on Bruce Schneier’s website now and then. He is a security guy who seems to have a balanced view of these things.  In particular, his post on wire tapping the internet is insightful.

It’s bad civic hygiene to build technologies that could someday be used to facilitate a police state. No matter what the eavesdroppers say, these systems cost too much and put us all at greater risk.  Bruce Schneier, 10/1/10.

The problem with having massive infrastructure for threat assessment is that they’ll always find something, or at least imagine something. It is in the nature of the state security apparatus to rank its survival highest and to take measures to delegate resources to that end first.  

Just how much sympathy should citizens have in regard to the reach and efficiency of state security organs?  Civil liberties are more important than clerical efficiency.  Americans have been watching too many cop shows on television. It feeds a paranoia seated deep in the brainstem and leads to expectations that discount civil liberty.