The OKLAHOMA

INVENTOR An official publication of the Oklahoma Inventors Congress Volume 19, No.1

© OIC 2008

Patents and Trademarks Research Assistance is Available The Patent & Trademark Depository Library at Oklahoma State University has been designated by the U.S. Patent and Trademark Office to support the intellectual property needs of the public since 1956. It is the only PTDL in the state of Oklahoma. PATENT SEARCH ASSISTANCE A preliminary patent search is necessary to determine if someone else has already obtained protection for the invention you plan to make or use. Search assistance is free of charge and available by appointment. Plan to spend at least two hours to begin a patent search. • Call (405)744-6546 to schedule an appointment • Park in the Student Union parking lot, $6.00/day, $0.75/hour OTHER INFORMATION SOURCES • Reference: Patent It Yourself by Attorney David Pressman at www.nolo.com/ • Patent Search Tutorials: • University of Central Florida: http://library.ucf.edu/GovDocs/pat_trad.htm • Penn State University: www.libraries.psu.edu/instruction/business/Patents/index.html • Small Business Development Centers in Oklahoma: www.osbdc.org/ • Inventors Assistance Service, Stillwater, Oklahoma (405) 744-8727.

OTHER STATE PATENT RESOURCES The Oklahoma Department of Libraries in Oklahoma City (405) 521-2502 and the Tulsa City-County Library (918) 596-7946 also have staff that can offer limited search assistance. Please call in advance to set up an appointment. Trademarks Preliminary trademark searching can be done on the U.S. Patent and Trademark office TESS database (Trademark Electronic Search Service). Contact OSU by phone (405) 744-6546 for instructions via email for searching this database. COPYRIGHTS Copyright registration is handled by the U.S. Copyright Office. Copyright registration forms and information circulars are available online. Contact: U.S. Copyright Office, Library of Congress, Washington, D.C. 20559, (202) 707-3000, www.copyright.gov/

OIC Annual Meeting Saturday, August 9, 2008, Stillwater, OK Yankee Invention Convention October 9-11, Waterbury, CT INVENTBAY.COM National Inventors Expo October 18-19, Las Vegas, NV The Wes Watkins New Product and Process Fair Friday, December 5, 2008 Center for International Trade & Development Stillwater, OK 2007 Wes Watkins Winners sponsored by REI Rural Enterprises, Inc. & Oklahoma Technology Centers Envision Medtech placed third in open class with “Advance Medical Labeling Systems” software.

In grateful appreciation for decades of leadership and service to the OIC, retired long time OIC Treasurer and Board member, Tom Hoke, received recognition from the OIC during the Oklahoma City Chapter meeting.

Bill Baker, open class division and grand prize winner with “The Crutch”.

Scott Chan, Small Business division winner and reserve overall with “The PressureAide”. Third for software in the Open Class division.

Don Eichler, Small Business division, third with “The Eichler Excess Flow Valve”.

Necessity is the mother of invention

There Must Be a Better Way!

Janice Barlow doesn’t give up. When her 29-year-old daughter Tiffany passed in September of 2001, Janice became frustrated when artificial flowers wouldn’t stay put in the memorial vase on her monument. The flowers were gone with the wind, every time. When she went to her daughter’s monument builder for advice, he suggested she go to Wal-Mart and get some floral and craft foam. “I already knew that wouldn’t work,” says Janice, “but I figured there must be something out there that would.” So Janice went to the Internet, checking out different products that might feasibly work, but nothing did. “I nearly drove my husband nuts,” she laughs, “but I was determined to find something, and if I didn’t find it, then I was ready to try to invent it—although I had never invented anything in my life.” And ultimately, that’s what she did. Janice joined the Oklahoma Inventors Congress Group and learned about the patent process. She met often with other entrepreneurs and would-be inventors. After countless hours of research and trying out different materials, Janice had an “Aha! moment.” “This could work,” she thought, and Hug-Stems® was born. She then applied for and received a provisional patent (good for one year), followed by a utility patent. Today, the product is fully patented. Evolution of Design Because of her experience, Janice had a good handle on cri¬teria for the product when it was under design: “One of our criteria was that HugStems® could stand up to windy and extremely cold and hot weather conditions in all regions of the country. People in windy cities are especially appreciative because the product holds flowers securely inside the memo¬rial vase to eliminate lost arrangements. Our foam does not get brittle and break in snow, icy or extreme hot weather con¬ditions.” MBNA Very Helpful For Marketing & Promotion The Barlows have used MBNA conventions and state/regional meetings to introduce their product. “Our first sells were at the MBNA Convention in Savannah, GA in February 2006,” reports Janice. “At that time, Hug-Stems® was comprised of white foam instead of black. In March of this year we changed our foam to black so that it doesn’t distract from the floral arrangement or the memorial. This simple change provides a neater look to the cemetery grounds and memorial.” Janice continues, “We were very well received at the 2007 MBNA show in Cincinnati. We did the MAMBA Convention in Branson, Missouri, and the Louisiana/Mississippi Monument Convention in Baton Rouge. In September, we will be exhibiting at the Catholic Cemeteries Confer-

Hug-Stems® foam is comprised of vertical foam layers. Artificial flower stems are placed in between the layers, and are thereby “hugged” in place. Included is both an inner and outer tubular foam sleeve that allows the product to fit most metal, bronze, and granite memorial vases. Depending on the size of the memorial vase, the vase insert can be used without any sleeves for the smallest vases, with the inner sleeve only for medium vases, or by using both the inner and outer sleeves for large vases. Two helium balloon hooks are included for families to use on those special occasions.

ence in Phoenix. And next year we are looking forward the next National MBNA Convention.” Healthy Growth Hug-Stems® is a young, family-owned business operated by the Barlows and their two adult children. “Last year our product was sold in a four-state region of the country,” reports Janice. “Currently, we are located in 14 states, but we’re growing rapidly because people are starting to see the value Hug-Stems® can bring to their customers. By the end of the year we’re looking at being in all 50 states.” Necessity Gave Birth To Invention “Our intimate experience makes us more in tune with the necessity of different products that can help the user care for their memorials,” says Janice. “Ultimately, our goal is that artificial flowers and helium balloons will be held neatly and securely in memorial vases, so we can make life a little easier for families to pay tribute and honor to their loved ones.” MBNA Networking: +1.918.286.8732 [email protected]; www.hugstems.com Reprinted with permission from the September, 2007, issue of MB News, published by Monument Builders of North America.

Martin Bionics, LLC merges with OrthoCare Innovations

Jay Martin, of Martin Bionics, and his wife visit with Will Lightfoot during the Creativity Launch.

Martin Bionics, LLC a prosthetics research and development company located in Oklahoma City merged its assets this March with OrthoCare Innovations. Jay Martin and the Martin Bionics staff joined OrthoCare Innovations which resulted in formation of the largest independent orthotics and prosthetic research and development group in the United States. Jay Martin, a former OIC member, joined the OrthoCare Innovations team as Director of its Advanced Systems Group. OrthoCare Innovations assumed the Martin Bionics facilities and expanded its Oklahoma City operations. OrthoCare Innovations is a medical devise research and product development company with operations in Washington DC, Seattle and Oklahoma City.

Don Eichler (at left) and OK Corporation Commissioner, Bob Anthony mugging for bulletin board space.

Left to right are Janice Barlow, Hugh Wayman & Leo Byford, OIC member exhibitors during the Creativity Launch 2008.

Mike Callaway from Tulsa won 2nd place in the Open Class division with “Sulfabate”, a hydrogen sulfide scavenger used to treat sour gas. (L to R) Congressman Wes Watkins, Mike Callaway, Keynote speaker Ricky DeRennaux and Michael Carolina, Executive Director of OCAST. Bill Baker shows his award winning invention, “The Crutch”.

Hugh Wayman at left discusses his solar powered automatic cattle feeder with attendees of the Creativity Launch.

Mike McCraw, inventor of the throw-off adapter plate for snare drums, and an un-identified guest visit after the CREATIVITY show near the OIC Booth.

OK Corporation Commissioner, Bob Anthony (at left) & Don Eichler discuss the Eichler Excess Flow Valve during the OK Creativity Launch in front of the OIC booth.

For more information about OK Creativity visit their web site, www.stateofcreativity.com or listen to the OCAST INNOVATIONS RADIO program at www.ocast.state.ok.us NEWS > RADIO > Archives> SCORE on Feb. 3; OSU Patent Library “Search” on Feb 17; Creativity.org on Mar. 9

Patent Application Rejections Due to Obviousness Oklahoma Inventor’s Assistance Service Spring Workshop, May 31, 2008 Martin S. High, Ph.D., P.E., J.D. Associate Professor School of Chemical Engineering Oklahoma State University

Patents as a Societal Contract A patent system is a contract between society and the inventor. • Society grants a limited monopoly • Inventor agrees to various requirements • Society agrees to impose certain constrains on the monopoly Basic requirements • Utility • Novelty, and • Not obvious The details that make up these requirements are what make patent law so challenging to patent practitioners and so maddening to inventors. Utility • Likely the most important requirement • From an inventor’s perspective, the easiest to define (and satisfy). • Unfortunately, the legal standard is not as forthcoming. • “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title. “35 U.S.C. § 101. Novelty Readily understood from an engineering and legal standpoint: • The invention must not have been available before • “A person shall be entitled to a patent unless the invention was known or used by others in this country, , or patented or described in a printed publication in this or a foreign country, before the invention thereof by the application for patent…..” • Again, we must consult the case law to fully define the terms. • This portion of the patent law gives the first person to conceive of an invention the sole right to patent the invention. Obviousness • In other countries, the concept of obviousness is given the more helpful term “inventiveness.” • Analysis done in a series of smaller subanalysis. - Conjuring of a “person having ordinary skill in the art.” PHOSITA

Assembly of all relevant prior art Would it have been obvious to the PHOSITA to assemble all of these pieces from the prior art to make this invention? If yes, then the subject invention is obviousness and does not warrant a patent. • So what does this rather muddy area of patent law tell participants in entrepreneurship programs? - Date of invention is critical - When considering whether to pursue patenting, the inventor must look objectively at the invention relative to other prior art. - If close to other areas then it is more likely that an obviousness rejection - If the invention appears to be on the verge of commercial success, the risk of not having a patent protecting the idea may outweigh the cost of obtaining patent protection. • Commercial success is one method of overcoming an obviousness rejection. - A successfully sold product may in itself support the patentability of an invention. (Most) Frequently Asked Questions Q: What do you mean by not obvious? A: The bases for obviousness are not clearly laid out by the patent laws 35 U.S.C. § 103(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that they subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. (Second) Frequently Asked Question Q: Can I patent combinations of old elements? A: Yes, as long as the combination is among the statutorily allowed inventions, and the invention has utility, is novel, and is not obvious. - If a combination of well known elements is used, the combination must be “greater than the sum of the parts” – result must be synergistic. - Is combination obvious to one with average skill in the art? (Third) Frequently Asked Question Q: If my invention is found to be obvious, do I give up? A: No! Overcoming Obviousness: Secondary Considerations - Commercial success - Presumption is that an obvious invention would have been one that has been manufactured and marketed before - “Long-felt-but-unfilled-need doctrine” - Obvious invention would have been developed earlier Best Practices - Keep a Notebook Tips for keeping a notebook • http://www.library.okstate.edu/patents/logbook.htm • http://www.otc.umd.edu/Inventors/labnotebooks.html Conclusions • Patent protection is a powerful ally to inventors • Basics of patent law must be understood and followed • Society will only allow a patent if the invention has utility, is novel and not obvious. • •

Oklahoma Inventors Congress P.O. Box 57464 Oklahoma City, OK 73157-7464

OIC OFFICERS

President .......... Dan L. Hoffman ......... 405-348-7794 st 1 V President . ..... Jim Quintus . ........... 918-274-1037 2nd V President ....... Position Vacant Treasurer ............. Don Eichler . .............. 405-370-6891 Secretary.................. Dr. David Schmitt........ 405-694-3956

www.oklahomainventors.com Editor........................Position Vacant Webmaster................Alan Beaty..............405-664-6768 [email protected]

OIC Renewal of Membership Dues - $15.00 - Payable to OIC P.O. Box 57464 Oklahoma City, OK 73157-7464

OIC New Membership Dues - $25.00 - Payable to OIC - Includes OIC Member Handbook New applications are available at www.oklahomainventors.com (click on application tab)

MONTHLY MEETINGS McALESTER CHAPTER (Currently inactive) Further information and a handbook is available by contacting: Karl Scifres (918) 426-0940 OKLAHOMA CITY CHAPTER Time: 4th Tuesday, 6-9 p.m. (dinner meeting) Place: Oklahoma Station BBQ 4331 NW 50th St (East of Meridian) Contact: Dan L. Hoffman (405) 348-7794 [email protected]

STILLWATER CHAPTER (Currently inactive) Further information is available by contacting: Gary Polson (405) 377-7100 OSU Patent Librarian (405) 744-6546 Inventors Assistance Service (405) 744-8727 IAS (toll-free) 1-877-577-7632 TULSA CHAPTER Time: 2nd Tuesday, 6- 9 p.m. Place: Golden Corral, 9711 East 71st Street (71st & Mingo) Contact: Jim Quintus (918) 274-1037 [email protected]