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No, I read the article, all right... | 758 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
No, I read the article, all right...
Authored by: Anonymous on Sunday, October 14 2012 @ 08:05 PM EDT

... and it is nonsense.

Consider the following claim:

A method of modeling a mathematical equation by the steps of:

(A) Selecting a mathematical equation to be modeled;

(B) Providing a fluid analog computer including a fluid circuit having at least one reservoir unit (RU) and at least one friction unit (FU);

(C) Providing a terminal reservoir unit (TRU) in fluid communication with said fluid circuit and having a valved outlet;

(D) Adding an initial first volume having a potential head to said RU and monitoring and observing changes in said potential head with time as a first variable;

(E) Selecting a configuration from looped, series, parallel configuration, and combinations thereof;

(F) Arranging said fluid circuit is connected to a plurality of fluid circuits arranged in said configuration;

(G) Adding predetermined forcing functions to predetermined RU;

(H) Providing predetermined at least one TRU with a valved outlet; and

(I) Monitoring changes in potential head, pressure and flow over time in said plurality fluid circuits as a modeled solution to the system of mathematical equations;

(J) Monitoring the change in the liquid level in said TRU with time as a second variable; wherein

(K) Modeling said solution to the differential mathematical equation as said changes in said first variable and said second variable with time.

This isn't the most elegant claim I've ever seen, and I've written in the meaning of several acronyms which are defined in the patent but not in this claim. But it will serve the purpose at hand.

Please recall the objection mentioned at the beginning of this article, that some people think we say software is described by mathematics. You should now see more precisely why we are not arguing that. The instruction cycle is not a description of the computer. It is what the computer does. We are arguing that software is mathematics because what the computer does is a mathematical computation according to a mathematical algorithm.

Yet the computer described in this claim has little to do with the random access stored program computers or register machines of which you speak. Should the determination of patentable subject matter depend upon whether a fluidics computer rather than a digital computer is used? And what if analog-to-digital converters are used to "monitor the changes in potential head, pressure and flow over time in said plurality fluid circuits?" Would that make it unpatentable subject matter? What if it just stored the changes as charges in a bucket-brigade capacitor circuit? Or if it never stored the changes at all, but used the changes (or absolute values thereof) to control a rheostat that set a parameter on a rocket, for example? Does it matter that the "stored program memory" consists of the connection of the fluidics plumbing rather than a digital program stored in a binary memory?

As I said, the article is nonsense, either in the sense of being a sophism or a paralogism. Either way, it is not helpful. That is why I fit into the group of people who would argue that, if an algorithm is known, then performing it on a computer makes the "invention" obvious, but it does not make it unpatentable subject matter.

By the way, the claim recited above comes from U.S. Patent No. 6,223,140, issued April 21, 2001.

[ Reply to This | Parent | # ]

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