Question: Your client, Homer, invented a new system for laying underground pipes for in-ground sprinkler systems utilizing a tunneling tool he calls "the Mole." The Mole is placed in a small hole is dug in the ground at a starting location. A target is placed in the ground at the desired ending location. The Mole automatically tunnels through the ground to the target. The Mole has a clamp to pull flexible pipe behind it as it tunnels. A high-pressure air source is connected to the Mole to remove dirt as the Mole progresses toward the target. Homer informs you that he has continuously used this original system for three years in his commercial landscaping business, displayed the system to his numerous customers, and handsomely profited from his original system. In the original system, the Mole sensed and moved toward the target emitting electromagnetic signals. Recently, the Mole sometimes gets confused due to interference from ferromagnetic underground pipes and overhead power lines. Two months ago Homer modified the system to utilize ultrasonic signals emitted from the target. The ultrasonic signals are encoded with location information derived by the target from a Global Positioning System (GPS) satellite. The modified system decodes the location information and tunnels toward the specified location. The use of ultrasonic signals in the modified system is new and unobvious. Homer has reduced the modified system to actual practice, and kept it confidential. Homer prepared a draft patent application fully describing both the original system and the modified system. He wants you to review the draft application, make sure it meets all requirements, and revise it as necessary prior to filing. The draft application prepared by Homer includes the following draft claims: Claim 1. A system for laying underground flexible pipe in the ground, said system comprising: (i) a target placed in the ground at a target location and including a transmitter which emits target signals; (ii) a tunneling device including a clamp operable to connect one end of said flexible pipe to said tunneling device, said tunneling device further including a sensor which detects said target signals and steers said tunneling device to move toward said target; and (iii) a source of high pressure air connected with said tunneling device for removing dirt as said tunneling device moves toward said target. Claim 2. The system of claim 1, wherein said transmitter emits electromagnetic signals. Claim 3. The system of claim 1, wherein said transmitter emits ultrasonic signals. Claim 4. The system of claim 3, wherein said ultrasonic signals include encoded position information that is decoded by the decoder portion of said tunneling device sensor. Claim 5. The system of claim 1, wherein said transmitter emits signals having encoded position information. Which of the following would not be reasonable advice to Homer?
A. Claim 5 is not indefinite even though it is not limited to ultrasonic target signals and the only disclosed embodiment that utilizes encoded position information utilizes ultrasonic target signals.
B. Claim 1, as presently written, is statutorily barred, and the claimed invention should be limited to the modified system.
C. Because the original system had a drawback in that it sometimes got confused by ferromagnetic underground pipes or power lines, and because Homer continued to develop the system to overcome these drawbacks, the original system was experimental and does not constitute prior art against the modified system.
D. Claim 4 is indefinite.
(category: patent, Chinese translation: 专利)