Re: Need help objecting to patent

From: Elaine Ingham (Soilfoodweb@AOL.COM)
Date: Sat Jan 18 2003 - 02:15:15 EST


Alms, Hilty, and van Hoesen applied for a utility patent on aerobic compost
tea production. The patent application also includes their particular
version of a compost tea machine. The patent application was filed on May 2,
2001. The patent APPLICATION was published Nov 7, 2002. The patent
application is yet to be reviewed by the patent office.

I've had lawyers look at the Growing Solutions patent, and they are firmly of
the opinion that Alms, et al are asking for a utility patent for any compost
tea machine using air-bubblers. That's what the abstract and point 23 in the
final list of claims in the patent is all about - a utility patent covering
all machines using air bubbling devices to produce compost tea.

The patent claim about using air bubble-technology cannot be allowed to
stand. Alms et al. did not develop the intellectual knowledge about compost
tea or compost tea machine design. All they did was put together a system
based on what other people told them is important in making compost tea.

If anyone should have a compost tea patent, it's Amigo Contesano who has
designed machines for making compost tea for many, many years. Karl
Rubenberger has a patent for the Microb-Brewer, a machine using air bubbles
and water movement to extract organisms and nutrients from compost.

Soil Foodweb Inc gets involved only in so far as we document the biology in
compost tea - and not just bacteria in tea, but all the components needed for
a healthy foodweb on plant surfaces both above and below ground.

If Alms et al had tried to patent JUST their specific machine design, I would
have no objection to their patent. At least one person has contacted Growing
Solutions and Mr. Alms was quoted to me as saying that they were just
patenting their specific machine design, but please, read the patent
application. The application covers far more than the specific machine
design.

I have been informed by several compost tea machine makers that Mr. Alms has
threatened them with legal actions should his patent application be approved.
 Clearly, Mr. Alms knows that he has applied for a utility patent, not just a
patent on his specific machine's design.

Therefore, protests to the patent office are important to send in. Nov 7 was
the publication date for the patent, and in general people have at least 90
days to file protests before the examiner will look at the file.

So, if you have any evidence that there was knowledge about air-bubbler or
bubble-aeration methods used in making compost tea before May 2, 2000, please
file a letter of protest with the patent office. You need to send a copy of
your letter of protest to the patent lawyer (address below) handling the Alms
et al patent as well. I have done this already, pointing out that the
Compost Tea Manual, published early in 1999, contained information about
making compost tea machines using air bubblers. Any one who made a tea
machine based on conversations with me, or from reading the Compost Tea
Manual, should file a letter of protest.

Here is the web site address to get information about how to file a protest:

http://www.uspto.gov/web/offices/pac/mpep/documents/1900.htm

To look at the patent application yourself and to decide for yourself if the
lawyers are right, read the application file on the US Patent Office site.
Pay close attention to point 23 in the final list of points.

United States Patent Application 20020164781
Kind Code A1
Alms, Michael ; Hilty, Jeffrey; van Hoesen, Gregory
Application Publication Date: November 7, 2002

Compost tea system

Abstract
A compost tea system uses a water-holding tank for containing process
water. Compost is immersed into the water in the tank in baskets
defining a filter media. Air is pumped into membrane disk diffuser
modules in the tank and the liquid is sparged with fine bubbles to
thoroughly agitate the liquid, extract nutrients and microorganisms from
the compost, and to ensure a high concentration of dissolved oxygen in
the liquid. The high level of oxygen selects for desired aerobic
organisms to produce a rich compost tea. The finished tea is drained out
of the tank and the tank and its components are easily cleaned and
sanitized.

Correspondence Name and Address:
    IPSOLON LLP
    805 SW BROADWAY, #2740
    PORTLAND, OR 97205 US
Serial No.: 847893
Series Code: 09
Filed: May 2, 2001
---------

This is not a specific design patent application, but a utility patent for
aerated compost tea production. Alms et al. use the catch-phrase "fine
bubble technology", which is neither new nor unique to their machine design.
The kabosh needs to be put on this, or anyone making compost tea with an
air-bubbler design could end up having to pay Alms et al money in order to
sell those machines, or sell designs telling people how to make those
machines. Since air-bubbler compost tea machines have been made since at
least as early as 1997, Alms at al should not be able to get their patent
approved as is. They can try again, attempting to patent JUST their specific
machine design.

Please, send in your objections.

Elaine Ingham
President, Soil Foodweb Inc.
www.soilfoodweb.com


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