Monday, March 15, 2010

Eleventh Letter to Mr. Obama on March 15, 2010

Mr. Barack Obama

President of the United States of America

The White House

1600 Pennsylvania Avenue NW

Washington, DC 20500

Dear Mr. Obama,

Shameful Blatant Violation of Hydrology Science by US Government

A Patent Commissioner was arguing that the Examiner can be any lay person not known in the Art of the judgment and that new claims can ignore USPTO issued ones. He meant that anything can be reinvented over and over! I think that the painful side is having advanced science being violated shamefully by lousy patents by lay people who are not experts on the subject issued by lay Examiners. The pain just hurts coherence and fairness increasing doubt on a system that is crumbling more and more on a continuous failing leadership. Nature is strong and does not care.

Why to file a patent if the Examiner is not an expert on the subject and issued claims can be neglected?

What is the purpose of having a Patent Office?

Mr. Obama you assigned a near obese lady Dr. Regina Benjamim as General Surgeon 43 lbs above her regular weight while Americans are moving toward a health crisis associated to obesity. You are letting your wife Mrs. Michelle Obama to solve this problem while the Health Professional cannot do her own homework. This outcome matches with Jaycee Dugard 18 years of rape and Bernie Madoff Ponzy scheme under SEC supervision.

I am not surprised that this is my eleventh letter sent to you getting no single feedback about violation of science and harming my ‘scientific discovery’. You got Peace Nobel Prize while sending 30,000 soldiers to Afghanistan. Considering that Mr. Alfred Nobel was working with dynamite and not Hydrology waging wars must always be a priority feeding the weapon industry lobbies neglecting your own people and science sending innocent humans to their death while wars becomes a business. By now about 100 millions of Americans are obese as the consequences are packing strength brewing a tragedy that you have no idea how ugly it will get.

As a scientist I cannot be surprised by the negligence toward my ‘scientific discovery’ as I easily grab hidden functioning. I was used to make this joke during my PhD 92-96 at Penn State University saying that Brazilians are so behind that we still make babies at home by the old and dirty traditional way. Well, I got surprised seeing young students masturbating and selling their DNA in the outskirt of the university so females could purchase it ordering from catalogs. In my country we still have to flirt and chase mating partners.

To the Europeans I was telling them that Brazilians are underachieving people with shorter intelligence and memory demanding us to do sex daily since we can forget soon about such important human task. Advanced cultures are so developed that they can do it once in a life time. Perhaps with advanced technology of modern life sex may not be necessary anymore or even can be outlawed like nearly happened to breastfeeding.

It seems that the truth is harder to swallow as humans are having troubles to cope with modern life respecting nature functioning. Honestly speaking developed countries are leading the world toward a cliff for example showing their shortcoming on food and economic systems. Obesity is ever increasing and the economic system allows greed/fears to spoil simple rules of offer/demand burning capital beyond repair and leaving doubts on the recovery as trust is more and more compromised by continuous failure to make the institutions comply with their duties.

Brazil is in a good position now because we are more conscious on how little we can trust our government. Brazil is strong for neither being able to afford fast food nor a fragile economic system easy to collapse as well as finding oil enough to supply our own demand. Brazil is not standing up but developed countries are just getting down by their own missteps.

Mr. Obama, you are a Lawyer from Harvard, but HONESTY transcends all disciplines and paves the unique way to get forward safely. Americans have atomic weapons for protection. What about using simple HONESTY to get something even more meaningful on human endeavors? Famous Amy Bishop is a PhD from Harvard also.

Why my ‘scientific discovery’ as a patent is being violated by flaws in the US even my constant request to respect science?

Mr. David Wiley, Office of the Commissioner for Patents already confirmed that USPTO having around 6,000 Patent Examiners none of them is a Hydrologist to judge fluidic devices and that perhaps I do not understand the purpose of patents. He already confirmed my suspicion of lack of expertise to judge fluidic devices in the patenting affairs.

I thought that the purpose of patents was to protect inventions preventing them to be reinvented. I thought the known of the art would be those ones that got education on required field and understanding of our present knowledge to honor on patenting issuing process respecting issued patents and accepted scientific knowledge plenty on literature.

But when Advanced Science is being violated by flaws on patenting affairs it tells me that something serious underlying it must be going on, something that is dragging the country and the world to a cliff.

The situation is even worse since the same patent line was issued by a Patent Examiner Ms. Gladys Corcoran ( that is a Director and Supervisor having issued more than 200 patents. She cannot be a junior Patent Examiner on a simple mistake. It seems that the bias against Hydrology is engrained in the patent classification system bearing wicking terminology that is not even on Hydrology scientific literature.

Why USPTO is neglecting Hydrology?

The answer is quite simple:

Public negligence like those ones that led to Economic Meltdown, Iraq war, Katrina fatalities, Jaycee Dugard, Bernie Madoff, and ever spreading obesity that now takes a third of Americans feeding a trend to reach 85% by 2040 if HONESTY and respect to science and nature is not complied accordingly.

Hydrology is one of the oldest science. Henry Darcy proposed an equation to address fluids moving on porosity in 1856 and in 1907 Edgard Buckingham proposed a correction to address fluids moving above the water table on Unsaturated Zone (lay people call it wick/wicking and this expression is not on my PhD hydrology literature).

Since 2004 when my first US patent 6,766,817 was issued I noticed that my ‘scientific discovery’ was also associated to a long standing bias and negligence of Hydrology in the Patenting System.

Is it a ‘scientific discovery’?

Easily I figured out that Hydrology in the patenting system is handled by laypeople tracking down conductivity assessment. Today around 72,777 patents mention Heat/Thermal Conductivity, about 53,030 on Electric/Electrical Conductivity, and only 510 on Hydraulic Conductivity. Wick/wicking which is not in the Hydrology scientific terminology is mentioned in around 25,205 issued patents. The phenomenon of wick/wicking is called Unsaturated Hydraulic conductivity and is mentioned today in just 21 issued patents.

US 6,766,817 updates Hydrodynamics conceptions by employing the functioning of biological porosities on Phloem and Xylem that nature developed 400-600 millions of years ago to give a new shape on spatial geometry of capillarity which is restricted by the cylindrical geometry calling it just ‘Tubarc’ from tube + arc to allow multidirectional unsaturated hydraulic flow on artificial porosity. So, I expanded human knowledge and lay people are trying to spoil it with their ignorance; I do not think so. Lay people flying kites are not empowered to develop airplanes ignoring aerodynamics. This is just a minor stress to test our patience.

Is US 6,766,817 being violated by flaws?

It seems that sending around 5,000 letters to inventors and attorneys lawfully requesting them Information Disclosure Statement by Law, many letters to USPTO and to Mr. Obama is not leading to honesty and respect of science and the claims of my ‘scientific discovery’.

Allowing a violating patent US 7,670,551 issued on March 2, 2010 that even bear scientific flaws is unacceptable and a tip of your continuous failure as Head of State.

In this just issued violating patent water will never drop since the wick does not cross the water table reference. My patent US 6,766,817 filed two years earlier explains it deeply based on deep understanding from Hydrogeology. This is funny; any kindergarten like your kids can verify it as I have a simple video at Youtube with a demo: Pursuing A Scientific Discovery 059 Tubarc II.

It would be weird suing about this violation just because kids on preschool can test it!

‘Your Honor I am here to complain that my IP is being violated by another one that even does not work and they do not know what they are doing as lay people working with fluidic devices not known in the art of Hydrology.’

Why am I making an issue on this subject?

Thousands of Hydrologists are better prepared to handle Hydrology on fluidic devices in the patenting affairs and I feel that Americans are in trouble on public management for disrespecting science. World Trade Center that I visited on 1994 is not there anymore and it seems that Mr. Osama Bin Laden behind it was an acquaintance of the White House. This terrorism is hiding a friendship conflict. Saint Louis that I camped in 1996 on a camping tour with my three kids under five traveling during 33 days and driving 12,000 miles visiting 28 states and 14 National Parks was flooded taking a toll of more than a thousand fatalities just because of public negligence rescuing their own people.

I was supposed to feel stupid believing that HONESTY matters. Diplomas are helping people to make more money but not adopting healthier lifestyles for betraying nature balance and understanding. When I see the size of the bellies of faculties I understanding how much biased is their understanding of life purposes and flawed is their education.

President Bill Clinton was on my PhD commencement releasing his first speech for reelection. He said that we were proud of receiving the highest education that higher education in the US can offer their citizens. Probably he was just lying like all politicians do pretending to lead but deeply they do not know what they are doing as they drag human existence to a precipice. In Brazil we already know about it but Americans are naïve and now learn on a hard way. This economic meltdown not only burned around 40 trillion dollars from the world economy but broke a trust that the world had on Americans that I have doubts on mending it. A package of a trillion dollars to repair such gap is scant to fix a bias that led greed/fears mars offer/demand.

I sent a message to Ms. Clinton but just in the day of her visit another violation of my patent took place. She thinks that bullying with Iran will help fix the world economy and that appropriate functioning of Americans institutions is not that relevant.

Since 2006 in written communication I have been demanding USPTO to stop a massive infringement on my issued patent rights suggesting the following below:

1. Hire Examiners with background in Hydrogeology and/or Soil Physics so that they have full comprehension of fluids moving on porosity;

2. Cancel issued patents with scientific flaws. Obsolete patents are cancelled naturally by becoming outdated;

3. Make a public statement about Hydrology negligence hurting all Hydrological community as well as my project that needs experts in Hydrology to protect the content of my issued claims.

4. Compensate for my losses since as an inventor filing patents I was not expecting lay people handling hydrology in the examination process by USPTO.

5. Since USPTO is failing to protect my IP rights my patents should be eligible for time extension of their expiration dates (new demand).

6. Issue a bill requiring Hydrology be handled by Hydrologists preventing laypeople from harming standing common knowledge in the scientific literature (new demand).

7. Make people accountable for breaking the Law regarding my complaints (new demand).

USPTO has no option on which science to respect and which one to ignore.

It must be funny!

Expelled from my honest job I worked by myself during three years carrying out around 3,000 experiments to be sure that I grabbed meaningful Hydrodynamic conceptions to enlighten science. I ran a project without any support or income during 12 years. Then, a multinational called Ecolab having a budget of 5 billion dollars and employing 18,000 employees violates my patent with flawed lazy patents by lay people that never studied Hydrogeology getting Intellectual Property over something that neither work nor respect my already issued claims taking advantage of US Government negligence and incompetence even overstepping the Law on Disclosure.

Expelled because I was putting together rainfall data to study spatial anomalies and like Global Warming people try to suppress nature functioning for funding and ignorance to HONESTY. Dr. Uhl knows about deceiving science to accommodate bias when I insisted on asserting that Amazon soils are fertile for having a rainfall forest with many levels of canopy. He did not want to sign my thesis because of this strong coherent assessment. There is nothing ridiculous in science. My PhD thesis was not published because people in Climate science need to fake a Global Warming bullying and suppressing other sciences to make some parties rich and government to collect taxes.

This Patent Violation is fishy and very suspicious as corruption works pretty like Hydraulic Gradient making money flow from the higher potential to the lower one. This event seems to be beyond simple randomness or casual negligence. Why would Ecolab bribe USPTO on a patent that even does not work? I believe there is a crime on Patent Disclosure since I sent written request of IDS to Ecolab on March 30, June 4, and June 18, 2008. My patent US 6,766,817 was supposed to be read and listed by the Examiner on issued patents to Ecolab. There is a haze in the boundaries of crime and stupidity.

I am very curious to know how bad American situation can get when leadership keeps hurting HONESTY. I am sending a copy to people associated to my PhD so they can comprehend how seriously Federal Government is respecting Higher Education and Science in their own country so they teach their pupils on the hardship of breakthroughs.

It is a shame my ‘scientific discovery’ being violated by flawed patents from lay inventors, lay attorneys and lay examiners. This could happen in Brazil but I was not expecting to take place in the US.

There is no doubt that Hydrology will stand but I want it occurring in my lifetime.

Nature blesses you and the United States of America.

Kind regards,

Campinas, Brazil, March 15, 2010

Elson Silva, Ph. D.

Av. Dr. Júlio Soares de Arruda, 838

Parque São Quirino

CEP 13088-300 - Campinas - SP - Brazil

Phone 55 *19 3256-7265



p.s. The attached paper was the cover of Science and Culture on March, 1999 and the subject started as a seminar presented in 1994 at the Agronomy Department during my PhD.


ECOLAB, Inc. Research Center, Leonard Kadlec, Inventor, Andrew Sorensen No. 33606, Patent Attorney

Hillary Rodham Clinton, Secretary of State

Robert L. Stoll, Director of the USPTO

Thomas Shannon, U.S. Ambassador to Brazil

Luiz Inácio Lula da Silva, Brazilian President

Graham Spanier, Penn State's 16th President,

Bruce McPheron, Dean of Penn State’s College of Agricultural Sciences

David Sylvia, Head, Dept. of Crop and Soil Sciences Professor of Soil Microbiology

Gary Petersen, Distinguished Professor Emeritus of Soil and Land Resources, Penn State Univ.

Richard Parizek, Professor of Geology and Geo-Environmental Engineering, Penn State Univ.

Dr. Andrew S. Rogowski, Adjunct Professor of Soil Physics, Penn State Univ.

Christopher Uhl, Professor of Biology, Penn State Univ.

No comments:

Post a Comment