May 16, 2009
-
Aid to legislation for US Patent Reform Act of 2009
Philippine Intellectual Property Office
US Congress.
RP Congress
AN AID TO LEGISLATION FOR THE US PATENT REFORM ACT OF 2009
Protecting intellectual property rights is essential to innovation and economic development . However approved patent that had expired over 20years and had not developed a utility model or prototypes therefore useless, should not be enforced as prior art.
An inventor offers the issues in his Rooster Electronic Boxing Invention as a model case in an aid to legislation for HR 1260, The US Patent Reform Act of 2009. The patent application was originally filed in USPTO . When the Inventor’s patent attorney refused to contest the USPTO hearing referencing The Vander Pool patent US 44325545 as prior art , the inventor submitted the same file to the Philippine Intellectual Office which published the invention it its official Gazette. The last email of the inventor to USPTO and the patent attorney was that functional prototypes must evidence an intellectual prior arts.
When thousand of viewers lined the Videos of actual working prototypes in you tube developed by Don Bosco Technical College, the videos were yanked out based on patent rights, ostensibly the vanderpool patent. Currently the videos can be viewed at Yahoo.video.. high score wins, cockfight skills, cockfighting alternative.. refer to Roostertronic2.webs.com.
Since the issues in the USPTO uncontested hearing is the same as in the Philippine Intellectual Property Office hearing, Official Action Paper 15 which also referenced Vander Pool Patent, Mr dela Pena , the Inventor considers both hearings contingent to his model case in aid for legislation to the Patent Reform Act of 2009.
Among the recommendation for patent reform are:
To disallow usage of a approved patent as prior art which had retired for more than 20 years and in which no utililty model or prototype had been developed , thus useless. . It tends to inhibit inventors contribution and retard global economic advancement.
After a patent grant, the inventor must be mandated to develop the prototypes or utility model within a period of 3-5 years to show functional and substantive proof of intellectual reality. When a utility model has been developed a picture or video should be submitted to the patent office for recordation
Inventor’s patent related issues, economic as well as prototypes utilities are published in 333chamfil.newsvine.com entitled: 1.A way to control Swine flu is to eradicate its twin Bird flu. 2.Global Chain economic plan through humane animal sports. 3.Ultimate humane animal sport challenges professional athletes and coaches . 4,Police see flurry of cockfighting.. unabated nationwide, 5. Economic recovery for the rural areas and small businessmen
For easy study references, inventor will provide PDF of Rooster Electronic boxing invention, PIO official Action Paper 15, Vanderpool Patent and Oetell patent Below is the inventors responses to the PIO examiners rejection contained in Paper 15.
The US Congress
The R team
Dear Sirs,
The more I write about Paper 15 or rejection case of Rooster Electronic Boxing patent application at the Philippine Property Office , the more I am convinced that our best option is to submit the case as actual patent case model to the Philippine Congress and US Congress in aid of legislation on the Patent Reform Act of 2009. China , Russia among others are also in the process of patent revision.
Herewith is my initial draft in response to (Paper 15- refer to attachment).
Examiner Paper 15
Reference : Vanderpool patent and Oetell patent
Inventors respond
Vander Pool patent and Oetell patent referenced by the PIO Examiner to deny my patent application had expired.
US 4 432 545 Vander pool Feb 1984 (2009 -1984) =25 years
US 4 662 156 Oetell Patent May 5, 1987 (2009 - 1987) =22 years
Note from the internet:
Patents granted after the June 8, 1995 date now have a 20-year patent life from the date of the first filing of the patent application. (Feb. 1984 is not the first filing date of the Vander pool patent.) The present application is a continuation-in-part of application Ser. No. 173,058, filed July 28, 1980, of the same inventor, now abandoned. Vanderpool patent also was not able to develop a utility model or prototypes to prove its usefulness since 1980 or 29 years ago.
Examiner Paper 15:
Applicant submitted a document to Director of Patents on Oct 12, 2001 ( paper no 3), presenting new set of claims. However the new set of claims are not crafted in a proper patent claims language. There is no preamble……….,…………………., ,,,,,,,,,,,,,,,,,, , ……………, …..,
For the meantime, these claims will not be entered and will not be examined. Examination of this application shall be based on the claims as filed originally.
Inventor responds
The new set of claims ( paper 3) are perceived by the inventor as an inventive steps over the Vanderpool patent. The inventor has emailed his patent lawyer to craft the claims in proper language. He does not see the rationale of not entering the claims in the meantime. when the claims were submitted 8 years ago. The claims were being submitted to be part of the Rooster Electronic Boxing Invention originally prepared by a patent attorney, submitted to USPTO and the transferred to Philippine Patent Office..
A brief background of the invention regarding claims in paper 3 are:
Cockfighters insist on the thrills of the blood sport.. Inventor simulated blood oozing during the fight by providing creative R glove in which Red ink is injected into the glove so that when pressed or a hit to an opponent is made , the red ink will spill into the opponents body thus simulating actual bloody fight.
A patent lawyer Atty Cogorno commented in cockfightsonline.com that the R Glove in my invention would score when it hit the ground. The score would be considered a false hit. My son Victor who breeds bulik in Yigo , Guam invented a creative glove with node on the lower portion of the glove facing the ground, Before the switch glove touch the ground, the node will block the hit to prevent scoring. This concept is also made in conjunction with the study of the animal anatomy. The problem was solved as shown in the video of the prototypes.
Animal activist also complained that a glove use in human boxing can hurt and knock out an opponent like in human boxing. To pacify the animal activist, my other son Ted who was an Olympic boxer in the 88 Korea Olympics suggested to use the safeguard patterned after the World Wresting Association to protect is wrestlers . He suggested to embed into the glove a mini shock absorber to absorb the punch or minimize the power or pressure of the punch.
Aside from the October 12 2001 claims, inventor also is presenting additional set of claims innovated , invented during the continuing R & D at the Don Bosco Technical College since 2001 up to the present time.. The new claims will be presented as part of Rooster Electronic Boxing .
These new claims which are inventive step over the Vanderpool patent are:
made as proof that substantive features are prominent in rooster electronic boxing invention and shows results while the Vanderpool patent has no proof of substantive features nor practicality because no utility model or prototypes have been developed nor shown in the market since 29 years ago.
Examiner’ paper 15
It is suggested that the applicant should amend the title of the invention in terms that specify the technical designation of the invention " Roostertronic or Rooster –tronic box appears to be a fancy title……….,……………………,…………,.
Inventor’s respond
The official name of the invention as originally submitted to US Patent and Trade Mark Office and transferred to the Philippine Intellectual Office is .. Rooster Electronic Boxing": This official name may also be known Aka as Roostertronic or Rooster- tronic box., In fact during my audience with GAB chairman Eric Buhain , we refer to the invention as Online Roosterbox., because our topic is boxing and online .
It should be noted that The Philippine Presidential action center has issued a 1st endorsement of Rooster Electronic Boxing and subsequently the Philippine Patent Office published the Rooster Electronic Boxing Invention in its official official Gazette Vol. 111 No.3 released O5 July 2OO4.
Our patent application has been granted a written 1st endorsement by the Philippine Presidential Action Center and subsequently the Philippine Patent office published the Rooster Electronic Boxing in its official Gazettee.It is clear from my April 2009 letter to President Gloria Macapagal Arroyo through Reli German that we have accomplished the mandate to come out with the required substantial improvement evidenced by the development of our two prototypes. Enclosed to my letter are our videos of actual humane rooster fighting entitled Cockfighting alternative .High score wins. Cockfight skills, etc. / I am very elated when I was then granted a personal audience with Exec sec Eduardo Ermita and Games and Amusement board chairman Eric Buhain I explained during the meeting that we propose an Online Rooster box with multi million dollar income potential by concentrating on the 11 millions Filipino Overseas Workers. OFW who remit an annual $14 billion dollars to Philippine beneficiaries... By asking them even at a Dollar / bet, the income will be substantial through the sponsorship of Philippine consulates around the world. Our patent need not compete with Philippine traditional cockfighting.
Substantial evidence to support substantial examination
April 16, 2008, we wrote to Pres Gloria Arroyo that:
It is my understanding that my Rooster Electronic Boxing patent application requires substantial evidence of working utilities and models to merit the full endorsement and issuance of patent
In conformity with this, I am hereby submitting a CD containing videos of scoring prototypes of the invention which will evidence functional utility models to merit a final patent
Reli German said that the Director of Patent is his friend and that he will send a copy of the letter of the president r and the CDs to the Director of the Philippine Intellectual Property Office."
Since the copy of the letter to Pres Gloria Arroyo , including CD’s of the video of the prototypes, was not delivered to the Director of Patents, no substantial examination is possible on our patent application prior to rejection,
Examiner paper 15
The claim for priority of this invention is denied as theres no indication that a certified copy of the foreign application was submitted within the reglamentary period.
Inventor’ respond
, Patent pending. Invention entitled " Rooster Electronic Boxing" has been filed for Eduardo F, dela Pena Sr., at the US Patent and Trademark office, dated October 26, 1999, 01PE JCT3: under DK7NO 5795-5; Disclosure document NO. 436036 USPTO 01PE JC73 dated March 02, 1998. USPTO assigned number GAU3711sc 09/427,957 which in effect authorizes the re=products to be commercialized
Examiner: Paper 15
Claim 1 is rejected for beng included in the non patentable invention definition Sec 22 of the code, The limitation rules for determining scoring by awarding and counting points in conjunction with hits by a participant cock upon opponent bird wearing said glove(s) is regarded as rules as defined in Sec. 22.2 pf tj said code. Claims 2-9 are rejected for referring back to the rejected claims.
Inventor’s respond
This is a section that really need revision by Congress of the patent rule. It in effect prohibits future inventor of the World to invent humane or non leathal cockfighting.
However if the issue is the signal to score in the claims, a brief differentiation of the claims is in order:
The Rooster Electronic Boxing contain a mini switch. a mini transmitter, mini battery embedded on the glove attached to the left leg only which transmit a score to the receiver when the glove hit. Thus it is a one score per hit method. While the Vanderpool patent contain multi or 3 switches in the two muffs, one on the right and left leg. The switches are wired from the muffs to the power source and transmitter located 7-9’ apart in the posterior portion of the bird below the tails. Thus a multi score is anticipated. During the R &D of the rooster Electronic boxing , a compatible transmitter receiver pair specs in the market offers an average single signal/second or can accommodate only one hit/second at a time. Roosters or gamefowl can hit 2 times per leg/ second or if two legs will be used, a score of 4 points or more are anticipated.. Bottom line, rooster electronic boxing is able to produce a scoring prototype. Vanderpool has yet to developed a working proto after 29 years.
Examiner: Paper 15
1-24 claims are rejected for lacking inventive steps over Vanderpool patent in lieu of Oetell patent.
Examiner Paper 15
Oetell patent described a protective mask for animals that is one piece where cut out for eyes and a lower portion for the muzzle (beak) of animals is provided
Inventor ‘s respond
US 4 662 156 Oetell May 5, 1987 This invention relates to protective gear for animals and, more particularly, to a protective mask for animals to protect the animal's eyes from flies.
The patent described further that it is for large animal,
Muzzle is not beak,
Muzzle defined muz·zle (m z l)
n.
1. The forward, projecting part of the head of certain animals, such as dogs, including the mouth, nose, and jaws; the snout.
Examiner: Paper 15
1-24 claims are rejected for lacking inventive steps over Vanderpool patent in lieu of Oetell patent.
Inventor’s respond:
The following guidelines will be used to reply regarding inventive steps over Vanderpool patent in conjunction with the Oetell patent.
"Any invention or utility model for which patent right may be granted must possess novelty, inventiveness and practical applicability."
Inventiveness means that, as compared with the prior art, the invention has prominent substantive features and represents a notable progress and that the utility model has substantive features and represents progress.
Practical applicability means that the invention or utility model can be made or used and can produce effective results.
The Vanderpool patent has 7 claims and 3 features while Rooster Electronic Invention has 24 claims with 32 featrures and 447 drawing parts.
The Rooster Electronic Boxing Invention or Utility model as compared with the Vanderpool patent, has prominent substantive features, and represent notable progress and that the utility features represent progress. Proof of substantial features and notable progress are the functional prototypes or Utility models videos on CD submitted to President Gloria Macapagal Arroyo together with the Letter to the President.. The inventor was gratified when he was given an audience with Exsec Eduardo Ermita in Malacanan . During an audience with Chairman Eric Buhain of the Games and Amusement Board the prototypes and its potential earnings by asking the 11millions OFW who remits $14 Billions to beneficiaries to bet on the invention were discussed therein. A dollar a bet will be substantial earnings for the country with marketing support from Philippine consulates.. The Rooster Electronic Boxing invention has produced effective result as published in several articles at 333chamfil.newsvine .com .
References also are website Roostertronic2.webs.com. My old journal can be accessed at xanga.com user: roostertronic and pass: benilda
The Vanderpool patent which was submitted to USPTO in 1980 was not able for 29 years to make a functional Utility model and therefore cannot not produce effective results. The Vanderpool therefore did not represents a notable progress.. As proof that the Rooster Electronic Boxing has substantive features, and present notable progress, we submit herewith new set of claims innovated during the R & D which are considered inventive steps over the Vanderpool patent. .
.
1 Discovery that rooster fights is the ultimate animals sports as it fights in the air, mid-air and in the ground simulate boxing and marshall arts ,
2. Nationalistic Philanthropic
Betting format is the Boxing. Bingo and lottery..The bingo numbers to be assigned to the rooster say 1-72 , Winning cocks represented in number can thus be recorded in the Bingo card to win bingo number combinations, arrive at 6 number lottery , 2 number championship is 2 balls,
3. a harmless device embedded in the gloves patterned after the safeguard used by the World Wrestling Assn to protect the professional wrestlers from deadly blow,
4 creative design to prevent false ground score and its supporting anatomy findings. 5. creative design of gloves to situate components in safe location during fights,
6, wireless cockfight like basketball with timers,scoreboard, and audio.
7, By just counting different audio sounds. even the blinds will know if their rooster is wining
8. For betting we will be coming out with statitical papers on wins and loss, weights,owners, trainers,breed,photo of roosters and its legs which scales will represent ID finger print.etc just like Horse racing
9 , roosters will be quarantine at least 30 minutes in a glass box in full view of spectators,
10. We are also proposing a portable cockpit that can be assembled and dismantled in restaurants/hotel for demonstration to tourists. 15’ x 15’ with glass or transparent fence made in pane 5’ x 5’ using carpet flooring. Attached to one side will be a screen and score board and computer connection.
11. Gamefowl will not be held by anybody 30 minutes before the fight, The birds will be placed in a glass container viscible to all the spectators. Pitting will be done by just opening the bottom of the glass about 4 feet from the ground . The gamefowl will come out flying and prove that there is no hanky panky on the bird.
12. Mechanical gloves with scoring capabilities.
13.Electronic gloves with scoring capabilities as shown in prototypes and video entitled , High score wins.
14. Rank the patent operation like WBC and WBA from the Flyweight to the Heavyweight category and initiate a breeder vs breeder , province vs province culminating in the World Rooster Championship
A cursory examination of the Vanderpool features appear unwarranted and cannot support a working model. I quote to wit:
"Muffs 16 and 18 are connected by wires extending up the legs of bird 10 to an electrical power source and signal transmitter 24 which is attached to a posterior area 26 below the tail feathers of bird 10. An electrical power source and signal transmitter 28 are mounted on the corresponding area 30 of bird 12. Preferably, the features are removed from areas 26 and 30, which are clipped or shaved to permit attachment of transmitters 24 and 28 directly to the birds' skins. Transmitters 24 and 28 are conventional form, capable of transmitting a plurality of different signal frequencies, as will appear more fully later. The transmitters may be attached to the birds by an appropriate harness or strap, or by a double-sided adhesive tape. The indicated area of attachment is virtually the only area which is seldom struck during a cock fight and is therefore most desirable to minimize the possibility of the transmitter becoming damaged or dislodged during a fight."
Analysis:
The above description stated that :
The muffs are connected by wires extending up the legs of the bird to an electrical power source and signal transmitters which is attached to a posterior area below the tail feathers of the birds. This means that wires extend from the legs about 3" passing through the knees, to the thigh about 3 " to the body and then another 2-3 ‘’ to the posterior area to be connected to the transmitter and power source,
The length of the wires are about say 7-9". These long wires on the left and right of the body parts cannot withstand the kicking forces of the bird during combat specially that the transmitter is attached to the birds by harness or strap or a double –sided adhesive tape on the posterior portion below the tail feather which is a very soft tissue of the bird in close proximity to the anus. This very very soft tissue has no bones nor ligaments and it will be problematic if it can carry the power source and transmitter,
The Philippine congress consist of representatives who are renowned cockfighters. They should be able to make their own conclusion on the merit of the Vanderpool inventions as prior art compared with the Rooster Electronic Boxing. Our patent application has been granted a written 1st endorsement by the Philippine Presidential Action Center .It is clear from my April 2009 letter to President Gloria Macapagal Arroyo through Reli German that we have accomplished the mandate to come out with the required substantial improvement evidenced by the development of our two prototypes. Enclosed to my letter are our videos of actual humane rooster fighting entitled Cockfighting alternative .High score wins. Cockfight skills, etc. / I am very elated when I was then granted a personal audience with Exec sec Eduardo Ermita and Games and Amusement board chairman Eric Buhain I explained during the meeting that we propose an Online Rooster box with multi million dollar income potential by concentrating on the 11 millions Filipino Overseas Workers. OFW remit an annual $14 billion dollars to Philippine beneficiaries... By asking them even at a Dollar / bet, the income will be substantial through the sponsorship of Philippine consulates around the world. Our patent need not compete with Philippine traditional cockfighting.
There is no description on how the wires will be attached to the legs, thigh an body parts of the bird, Certainly the wires are vulnerable to being dislodged by the kicking forces of the bird during combat and the wires entangled and pulled out of the transmitters and power sources from its attachment in the skin,, This in effect will harm the birds..
Compared to Rooster Elecronic Boxing, a mini transmitter, mini battery and a mini switch are all
embedded on the glove attached to the left leg only following the Filipino cockfighting culture. While in the Vanderpool , the muffs on two legs carries the multi i switches with the power source and signal transmitter located separately at the posterior area of the bird below the tail feather
This is an inventive step over the vanderpool patent because it works as evidence by the video of the prototypes presented to President Arroyo.
A famous cockfighting lawyer Atty Cogorno commented in the cockfightsonline.com that the Rooster Electronic glove would tend to transmit a false score when it hit the ground. This problem has been solved as evidence in the video of the prototypes. This is an inventive step over the vanderpool patent since Vanderpool glove would also tend to transmit a false score when it hit the ground,
Considering the role of the PETA and the Humane Sociiety of the United States , it is not enough that a non fatal invention is invented. Rooster Electronic boxing went further to embed in the glove a safeguard device patterned after the World wrestling Association to protect its wresllers from deadly blows. In the course of R & D , many innovation, and renovation in both the mechanical and electronic as well as its economic benefits of the invention are discovered and published,. We reserve all these findings as new claims and an inventive steps over the vanderpool patent.
Most patents using the Transmitter receiver pair are utilizing different frequencies which in essence gives a disadvantage to the glove utilizing the lower frequencies. In Rooster electronic Boxing a modified Same frequencies are utilized in both gloves so as to be fair to both contestants. This is an inventive steps over the vanderpool patent.
Most patents like the vanderpool patent uitilizing the transmitter receiver pair are using both legs to transmit multiple scores, Rooster Electronic Boxing uses only the left leg with a one hit one score method so as not to confuse the audience on scoring. In fact different sound or audio associated with the score of each birds are developed. Even the blinds wlll know that they are winning by just counting hit sound/
Read and compare one by one the 7 claims of the vanderpool patent and the 24 claims of Rooster Electronic Boxng invention. They are completely different in context, ideas and invention.
Eduardo dela Pena Sr
Inventor
Fax 671 646 0823
Recent Comments