Friday, November 17, 2006

Ignoring Hydrology by Violation of Science

(Express mail delivered on October 30, 2006 #EB010104345BR)

General Counsel
U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, Virginia 22313-1450


USPTO is issuing thousands of patents that violate principles of science regarding common knowledge in Geo and Soil Sciences consequently infringing IP rights at US Pat. 6,766,817, 6,918,404, and 7,066,586, according to the principles of Theory of Science (Epistemology, Metaphysics, Logics, and History of Science).

Etymology requires Epistemology and Metaphysics of Science to comply with a correct expression when describing objects to preserve precise existential boundaries. Ex: All balls are supposed to be spherical as football is a sport intrinsically to play a ball using foot. All balls are required to keep their specific round geometry otherwise it trespasses existential Metaphysics hurting their connotation.

All acquired claims are bound to the precise Etymology of their expression; wick/wicking is bound to the precise functioning of oil lamps regarding its hydrology and functioning temperature. No wick works with flow downward since the flame is on the top. Also, all wicks need to stand to high temperature of a flame of oil lamps.

Wick/wicking invented by the Stone Age Man around 70,000 years ago is a porous device to conduct fuel upward toward a flame of oil lamps, requiring specific Thermodynamics and Hydrodynamic compliances.

/Capillarity is the fluid conduction inside micro tube structures like capillaries

Etymology requires that all wicks as porous devices to work out on oil lamps abiding to Thermodynamics and Hydrodynamics. Any wick that fails on oil lamps betrays its own conceptions losing existential boundaries.

is the common science that has due knowledge to address fluids moving on porosity and such field of science avoid using wicks due to the Thermodynamics connection not important to Hydrological functioning. Hydrology also ignores wicks because of limited functioning of oil lamps.

Hydrogeology and Soil Physics are the correct sciences to handle common knowledge of fluids moving on porosity working for a long time on natural porosities endowing a higher understanding on hydrodynamic conceptions.

This Massive IP Violation is neglecting Hydrological insights to patenting affairs that is very easy of verification:

Heat Conduction is assessed by Heat/Thermal Conductivity and 60,608 issued patents mention it.

Fluid Conduction on porosity is assessed by Unsaturated Hydraulic Conductivity but only 17 patents mention it even 21,651 issued patents on wick/wicking porosity never gauged spatial dynamics of fluid conduction on such porous devices because experts do not have appropriate hydrological background.

Experts assessing Thermal Conductivity are not aware about Fluid Conductivity on porosity since 1,152 patents show this shortcoming on Heat Pipe/Wick not addressing Unsaturated Hydraulic Conductivity. It means that inventors gauging Heat/Thermal Conductivity are not gauging Unsaturated Hydraulic Conductivity depicting an important flaw about conductivity when heat is assessed while fluid is neglected on the same device functioning.


  1. Allowing wicks that fail on oil lamp functioning.

  2. Allowing capillarity derivative outside tube structures of capillaries.

  3. Allowing capillary pumping on 208 issued patents violating the expression of ‘Unsaturated Hydraulic Flow from Soil Physics/Hydrogeology (double Etymology disrespecting common scientific knowledge). There is neither pumping on capillarity nor on Unsaturated Flow since fluid moves in response to a gradient of Unsaturated Hydraulic Conductivity.

I believe that any Court of Law will comply with Etymology requirements and make vacant claims that failed to describe the aimed objects. Balls are only valid for spherical objects, while wicks allow only the hydrology of oil lamps combined to high temperature of flames, and capillarity is the fluid movement inside cylindrical structures.

Wicks from oil lamps can be used to conduct fluids on many fluidic applications. But, if there is any change on their structure leading to a failure on oil lamps, Metaphysics of Science signals that the wick connotation becomes void. Wicking hydrology can only work upward toward the flame on top.

Every week around 8% of all issued patents and patent applications is associated to applied hydrology of fluids moving on porosity devices according to a search of these words: wick/wicking/capillary/capillarity/porous/porosity.

My suggestion to the General Counsel is the following:

  1. Hire around 8% of Patent Examiners (320) with background in Soil Physics or Hydrogeology to handle technically patents that deals with fluid moving on porosity (Unsaturated Flow).

  2. Notify patent holders that granted patents on wick/wicking hydrology need compliance to their precise Etymology and their patents become vacant in case the claimed wick devices fail on oil lamps upward toward a flame (Hydrodynamics + Thermodynamics). Wicking cannot work downward.

  3. Notify patent holders that granted patents on ‘capillary pumping’ are invalid because such expression violates common knowledge in Soil Physics/Hydrogeology where this phenomenon is called ‘Unsaturated Hydraulic Flow’ commonly reported on text books for academic teaching.

  4. Notify patent holders that granted patents on capillarity derivatives need compliance to the Etymology and their patents become vacant in case the devices are not a tube like geometric figure of capillaries. Capillarity is the ‘Unsaturated Hydraulic Flow’ only inside micro capillaries and does not allow it on porosity which requires multidirectional flow restrained by tube geometry.

US Pat. 6,766,817 p.2 line 27
– ‘Random irregular porous systems utilized for unsaturated flow employ general principles of capillary action, which require that the tube geometry fit properly to the porosity, which is generally analogous to dimensions associated between capillary tubes and the voids in the random porosity. Random porosity has an irregular shape and a highly variable continuity in the geometrical format of the void space, which does not fit to the cylindrical spatial geometry of capillary tubes. This misunderstanding still holds true due to the fact that both capillary tubes and porosity voids are affected by the size of pores to retain and move fluids as unsaturated conditions. Consequently, an enhanced porosity for unsaturated flow that deals more clearly with the spatial geometry is required. This enhanced porosity becomes highly relevant when moving fluids between different locations by unsaturated conditions if reliability is required in the flow and control of fluid dynamic properties’.

US Pat. 6,766,817 p.2 line 60 – ‘Specialized scientific literature about unsaturated zones also recognizes this shortcoming. For example: "Several differences and complications must be considered. One complication is that concepts of unsaturated flow are not as fully developed as those for saturated flow, nor are they as easily applied." (See Dominico & Schwartz, 1990. Physical and Chemical Hydrogeology. Pg. 88. Wiley). Concepts of unsaturated flow have not been fully developed to date, because the "capillary action" utilized to measure the adhesion-cohesion force of porosity is restrained by capillary tube geometry conceptions. The term "capillary action" has been wrongly utilized in the art as a synonym for unsaturated flow, which results in an insinuation that the tube geometry conception captures this phenomenon when in truth it does not’.

Since measuring fluid conduction on porosity is easier than measuring heat conduction I believe that after this massive IP violation is fixed the number of patents addressing Unsaturated Hydraulic Conductivity should increase in 20 to 40 years from the present 17 to around 100,000 new issued patents abiding to Theory of Science. This should take place because a spatial quantitative assessment increases reliability and control on hydrodynamics properties of fluid moving on porous systems also restoring advanced scientific Hydrological support to fluidic devices needing an enhanced macro and microporosity and dynamics between hydrological zones.

I trust that USPTO basic policy is to avoid violating principles of science requiring inventors to employ correct Etymology and also preventing duplicity of terminology respecting common knowledge from all interrelated sciences. Coherence on connotation system is the correct way to hone the advancement of technology.

Kind regards,

Campinas, Brazil, October 20, 2006

Elson Silva, Ph. D.
Tubarc Technologies, LLC
Av. Dr. Júlio Soares de Arruda, 838 Parque São Quirino
CEP 13088-300 - Campinas - SP - Brazil
Phone 55 *19 3256-7265

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