The United States Patent and Trademark Office is part of the Department of Commerce, and Howard Lutnick, Donald Trump’s nominee for Secretary of Commerce, is or has been an inventor in the field of business methods. The name seemed familiar, so I did a little searching, and confirmed that I was the examiner for three patents with his name on them: U.S. Patent 6,850,907, U.S. Patent 6,963,856, and U.S. Patent 8,209,249. I don’t recall interacting with Mr. Lutnick personally, although I could have done so. Examining the applications would probably have involved written communications with a patent attorney, and perhaps a telephone or in-person interview with an attorney. Anyway, this may be of a little interest.

I have been a part-time teleworker for the past couple of years, but then Donald Trump issued an executive order basically banning teleworking, the brass at the USPTO sent an email telling us not to telework, and the president of the Patent Office Professional Association sent an email saying that we have a contract which provides for teleworking, so the order does not apply to covered employees. I don’t want to be a test case, so I’ve been coming in to the office each day this week to work. There may be further developments.

And now, I will catch a bus, and go in to work.
On Tuesday, Technology Center 3600, where I work, had a joint picnic with Technology Center 1600 at Fort Hunt Park, so I got to chat with a few old acquaintances, and with some people I hadn’t met before, for example, an examiner in TC 1600 whose husband is a (civilian) instructor at the Naval Academy in Annapolis. A few people had brought their dogs, so I got to pet a pointer named Argos (only two eyes), who leaned into me, and otherwise seemed delighted to have a new human to pet him. His master said of him, “He’s a leaner.”

There was food I could eat, and after eating, I drank a can of cold beer, one of several kinds of beer available. It was Allagash White, beer flavored with Curaçao orange peel and coriander. I’m not a heavy beer drinker (I believe that this was my first beer this year), but I did enjoy it.
Early Wednesday afternoon, there was a Bring Your Own Mug event at the Patent and Trademark Office, an opportunity for a little socializing (I still put in enough hours actually working). I brought my Henry George mug, which I filled with mint tea, and chatted a couple of people. I wandered around the room, and saw a man I hadn’t met before, with a mug that had “Nihilist” crossed out, and “Thomist” written above it. I did not at first see the whole message, which was “Hillbilly Thomist”. This was (as I did not know until later) a reference to something which Flannery O’Connor wrote, that people thought she was a hillbilly nihilist, but she was actually a hillbilly Thomist.

Since the gentleman with the mug did not give me permission to use his name online (we didn’t discuss the matter), I’ll call him Peter. We had some interesting conversation, as I had at least heard of Saint Thomas Aquinas, and he had both heard of Henry George, and had some knowledge of attempts to get Georgist reform enacted, for example, in Detroit. We talked about that, and about other matters. It turns out that there is a musical group of Dominican priests who perform country/Western music, and are known as the Hillbilly Thomists. I thought of a very Catholic friend of mine at that the Patent Office; Peter didn’t know him, but the next time I see him, I hope to tell him about my new acquaintance, and this musical group.

Now, to get what used to be called second sleep.

Step 9

Oct. 31st, 2023 12:27 am
About two weeks ago, I announced that I’m now a GS-14, Step 10. It turns out that I’m not, as my poor production for the final quarter of Fiscal Year 2023 disqualifies me from getting the step increase. I’m not in immediate danger of losing my job, but I’m not qualified for bonuses and the higher pay of a Step 10. The extra funds in last biweek’s and this biweek’s salary payments will have to be returned.

It isn’t a disaster for me, and I do hope to get things together, and keep my head above water. However, the demands to jump through extra hoops when writing Office Actions combine with the limited number of hours in a week to pose a problem for me.

Step 10

Oct. 19th, 2023 03:05 am
After being a civil servant for more than twenty-five years, I have now received a step increase to GS-14, Step 10. I’m now being paid a little more than I was as a mere Step 9, which is nice, but I wish they would pay me my old salary, and let me churn out a few Office Actions less. Step 10 is the highest step, so unless I someday become a supervisor, or something special, this is as high as it gets for me; I’m not likely to become a GS-15.

Now, I hope to go back to sleep, before rising in four hours for another day of examining.
Yesterday, as part of my continuing education, I listened to and viewed a couple of hearings before the Board of Appeals. (I was not the examiner for any of the cases.) The Board frequently bases its decisions on consideration of the applicant’s written Appeal Brief, and the written Examiner’s Answer, but sometimes attorneys do request oral hearings, which do not normally involve the examiners.

So I got to hear a couple of attorneys make their cases briefly (they had twenty minutes, total) as to why the examiners’ rejection were wrong, and the claims should be allowed. In one case, the claims had been rejected under 35 U.S.C. 101 (basically, that the invention was a form of organizing human activity that involved only well-understood, routine, and conventional technology), and my impression, at least, was that the rejection was reasonable. In another case, the issues were different, and the attorney seemed to me to have a plausible case, but, judging from her questions, at least one judge seemed skeptical. Interesting stuff, if you’re the right kind of nerd.

And off to the second phase of my night’s sleep.

Erudition

Aug. 10th, 2023 12:26 am
I work in the Knox Building (these days, I do so when I’m not teleworking). Some years ago, I had a conference with my then supervisor, He Who May Not Be Named, and another senior of mine, Mr. M. This would probably have been to decide whether I had written sound rejections, and whether we could go to the Board of Appeals with them in response to an applicant’s Appeal Brief. After the business part, Mr. M asked whether I knew the maiden name of Henry Knox’s wife.

“Lucy Fluckner,” I answered.

I don’t think that I told him that I knew this, not from my profound study of history, and superb memory, but because I had read a trilogy of historical mysteries by Barbara Hambly, writing as Barbara Hamilton, in which Abigail Adams solves murder mysteries.
On Thursday, I gave a well-received speech at USPTO Toastmasters, “George Orwell: an Appreciation.” There was more to Orwell than Nineteen Eighty-Four, and I may have been one of the youngest people to read through his Collected Essays, Journalism, and Letters. I talked about some of his ideas, and about his character, and how his observations on people’s ability to believe and not believe a proposition at the same time, or to refuse to believe inconvenient facts that contradicted their own wishes, or the pronouncements of the glorious leader, prepared me for 21st century American politics.
On Thursday, the Toastmasters club held a hybrid meeting, and my friend Ian showed up in person. We didn’t discuss my writing about him, so Ian is a pseudonym. It was good to see him, and see that he at least appeared healthy, because he found out a few months ago that he had cancer, and took some time off to undergo treatment.

From what he said, he was treated only with radiation, not chemotherapy, so he didn’t have to deal with the side effects of chemo. He is well for now, as I understand it, but will need periodic examinations to make sure that the cancer has not returned.

Meanwhile, it’s cheering to see a cancer patient with good news.
On Tuesday, I went to the security office to get a new badge with the latest updated features, whatever exactly those are, and so did a number of other people, one of whom had been active in USPTO Toastmasters years ago. I’ll give the nom de travaille Helena, since she didn’t authorize me to use her real name on my weblog. We greeted each other, and I recalled that back when we had seen each other regularly at Toastmasters meetings, she had recently had a baby. How old was that baby now, I asked

“She’s nine,” Helena told me.

Time passes.
At noon, USPTO Toastmasters held its club contest, in which three members competed, while others among us served as judges, timer, ballot counter, contest master, and so forth. One of the three won, and will go on to the Area level contest, and then possibly farther and farther; he might reach the Finals, and become World Champion of public speaking.

Even if he doesn’t, we had some entertainment.

Masking up

Jan. 20th, 2023 02:18 am
This week, due to an increased threat from COVID-19, wearing masks is required in the Patent Office’s Alexandria office, except when someone is alone in a room with the door closed. I came in to work on Wednesday and Thursday, and will do so again Friday. There didn’t seem to be many people present, although part-time teleworkers like me are still required to come in five days per biweek (with some complications).

I did mostly wear a mask, except when going to the men’s room to brush my teeth; the place was close enough to vacant that doing so didn’t get me close to anyone else.

I’ve had a major nap, and will shower and go to bed soon.
Not too long ago, I received an email at work, with the following reminder on exercising care:

All suffering is the result of attachment.

— Buddha

All suffering is the result of attachments.

— Infosec
On Wednesday, we had a training and discussion session (via Teams, rather than in person) on the finer points of 35 U.S.C. 112(b), and when and how to write a rejection of a claim for being indefinite. (What I say here is not to be construed as authoritative advice from the Patent Office.) There were several hypothetical examples, stated as being hypothetical, not from actual patent applications. One of them went roughly like this: “A method comprising: performing a medical procedure on a patient; assessing said patient’s condition after said medical procedure; and analyzing said condition to draw conclusions about the effectiveness of the procedure, said conclusions being applied in performing said medical procedure.”

I commented in chat, “From the inventor of time travel?”

A few minutes later, I wrote: “I had an esprit d’escalier; I should have asked whether the inventor was Dr. Kwei-fei Mendoza. For those insufficiently familiar with the classics, she appears in one of Poul Anderson’s Time Patrol stories. She works in a hospital on the Moon in the twenty-third century, and provides medical treatment to sick or injured Patrolmen.”
On Thursday, I gave a Toastmasters speech. Only one speaker had signed up to give a speech, so I figured I should step up. I chose to speak about Savonarola, the supposed mad monk of late fifteenth century Florence, responsible for the Bonfire of the Vanities, in which priceless art may have been destroyed, together with various luxuries and items of frivolity. I had read a bit about him, first in a children’s book, Tales of the Renaissance, and then in a history of Florence and some writings of Machiavelli. More recently, I read Jo Walton’s novel Lent, which makes an unlikely protagonist of Savonarola.

This led me to do a little more reading, and so I talked about the man, and made the point that while most of us today would not be comfortable with Savonarola, he was, for example, a friend of the scholar, humanist, and unorthodox religious thinker Giovanni Pico della Mirandola, and a more complicated man than one might think. He probably did have real sympathy and good intentions for the poor of Florence, for example.
As a Commerce Department employee, I get emails from the top brass about what the Biden Administration is doing for American commerce and industry, such as providing $50 billion to America’s computer chip industry. As a classical liberal, I am highly skeptical about the benefits of such measures, and believe that it would be better to leave it to the market to decide which firms in which industries will receive how much in investments. There is no such thing as a free lunch, and resources directed by government to one industry have to come at the expense of someone else.

I am reminded that when Louis XIV’s minister Colbert asked what he could do for industry, one businessman replied, “Laissez nous faire, le mond va de lui-meme.” “Let us do, the world goes of itself.”
Last week, I attended (remotely) a training session on Clear and Concise Writing; the Patent Office wants its employees to write clearly and well. What we were told mostly made good sense, although I could not help reflecting that Orwell had said it better in that classic, “Politics and the English Language.” Advice about avoiding excessive use of the passive voice, for example, is sound enough, but, though I do not dispute that words should not be strung together at excessive length or without a good organizing principle, I question whether short sentences are always to be preferred. Patent attorneys, after all, are not six year olds.

I posted a comment in the chat, asking what application of the precepts we were given would have done to the literary works of Edward Gibbon, Edmund Burke, and Samuel Johnson. The instructor did have a response, but I’ve forgotten just what it was.
I have now put in two days working at the Patent Office complex in Alexandria, and will now spend some time in my apartment, since I’m a part-time teleworker. It is my habit to drink a mug of chai tea after lunch on Wednesday, Thursday, and Friday. Yesterday, I made the tea by putting the teabag and water into a mug, which I then microwaved, producing a beverage which did not seem up to the standard of the tea I’ve been drinking at home the past two years. Today, I brought an extra mug to work, filled it with water, and heated it by microwave, after which I poured the hot water over the teabag in the first mug. The tea may have been a little better that way. It may also be that the tea leaves are not quite as they should be after sitting around for two years, even in sealed foil packets.

I have also had several conversations with a friend whom I had seen face to face in two years. Among other things, she said that I was less introverted than many examiners, since I had chosen to come to the physical office and see people, even if only part-time, and also from the way I introduced myself to her on her first day in the Electronic Information Center.

I think of myself as quite introverted, but she might be right. The Patent Office, as I have said before, is a haven for high IQ introverts.
I applied for part-time telework Thursday morning. I’m teleworking now, but I’m an ad-hod teleworker due to the COVID-19 pandemic, and once the Patent Office moves to the next phase of reopening in late May, my authorization to telework expires. I wanted to make sure that the upload and download speeds of my home Internet connection were sufficient, so I called Xfinity. The voicemail system interpreted what I said as indicating that there was a problem requiring my modem to be restarted before I could speak with a human being, and would not accept my explanation to the contrary, nor let me speak with an agent.

I finally managed to obtain the information I needed from the Xfinity website, but dealing with voicemail was frustrating. I understand that businesses want to save money by having automated responses, but I wish Xfinity made it easier to communicate with a human about a non-standard problem. By the way, this month’s bill was forty dollars higher than before.

Also on Thursday, there was an online Town Hall at which the newly sworn in Director, Kathi Vidal, spoke and answered some questions. She was a Navy brat who started college at the age of sixteen, got an engineering degree, worked as an engineer, and later went to law school. She had had an interest in law, and as a child once asked her mother to get some law books from the library, so that she could read the cases, and have a leg up studying law.

She seems to be quite an impressive lady.
A Biden nominee named Kathi Vidal has been confirmed as the new Undersecretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office. I don’t know much about her, but a little online searching shows that she went to college to major in mathematical physics at the age of sixteen, and went on to further degrees and a notable career in law. I also went to college at sixteen, and majored in physics, but without her record of further impressive achievements. On the other hand, I don’t believe that she has ever been urged to join the boards of any Georgist organizations.

I wonder whether she’s related to Gore Vidal.

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