First Ada software patent issued to Air Force

First Ada software patent issued to Air Force

[Gregory Aharonian]

 
     As if the DoD doesn't have enough ways to undermine Ada acceptance and
to waste money on promoting Ada software reuse (and coming up with such ways
faster than I can find out about them and critique them), it seems that the
DoD has found a new way to screw things up:  patent Ada technology.
 
     Yes, this month the first software patent specifically dealing with
Ada was issued (given that there are about 9000 software patents issued since
1970, most in the past few years, this is one more measure the Mosemann
contractors ignored about the lack of acceptance of Ada).  Patent number
5,187,788 is for a graphical user interface CASE tool that generates Ada
source code from diagrams.  Assigned to the Air Force, the inventor is on
Robert Marmelstein of Ohio (I assume he works at Wright Patterson, anyone
know him and his tool?).
 
     There are a variety of reasons why it is a waste of money for the DoD
to patent Ada technology.  First, patents are usually sought for to allow
a business to commercial exploit a new idea, and as I thought it was quite
obvious, the DoD is neither a business, nor very successful at commercially
exploiting anything.  As an example of this, consider that once the patent
application was submitted to the Patent Office in June 1991, the Air Force was
free to publicly mention the technology in the patent, which I assume exists
in the form of a working computer program.  Yet not once since June of 1991
has there been an announcement on comp.lang.ada about the availability, or
even existence, of this program (which qualifies Marmelstein to run one of
the DoD software reuse centers).
 
     Second, given that the technology in the patent is not very original
(there are many commercial and university systems doing the same thing), I
doubt any business would want to license and commercialize the technology,
assuming that the patent could survive a reexamination (which I doubt given
the extensive prior art).  In fact, illustrating how screwed up communications
are inside the DoD, the Air Force itself in another part of the country has
an older effort that qualifies as prior art to undermine this patent (of
course if someone inside the DoD ever showed interest in my reuse database
of all of the DoD's software, they could have found this out, assuming save
tax dollars is a patriotic goal worth pursuing).
 
    Third, given the poor acceptance of Ada in the non-Mandated world, you
would think that if the DoD was able to come up with something that makes
Ada more productive to use, and better illustrates Ada's capabilities, you
would think that the DoD would flood the universities and private sectors
with copies of the program to foster Ada acceptance.  The DoD won't profit
from sales of the program, but would profit from the multiplier effect of
having Ada more accepted.
 
    So the $10,000 to $20,000 that it cost to acquire the patents, plus the
$10,000 for maintenance fees over the next seventeen years seems to me like
a waste of tax dollars, does little to help Ada become more accepted, and
more chillingly, starts a trend to patent Ada technology and components, which
for those few experienced in software reuse, is the one sure way to destroy
a software reuse effort - having to worry about licensing components while
waiting for everyone's lawyers to process all of the agreements.
 
    Anyways, attached is the abstract to the patent.  It sounds like a neat
computer program.  How about posting it to comp.lang.ada, comp.archives, or
just mentioning its existence?  And why does everyone tolerate this waste?
 
Gregory Aharonian
Source Translation & Optimization
 
 
==============================================================================
 
             GRAPHICS SYSTEM FOR AUTOMATIC COMPUTER CODE GENERATION
 
                          U.S. Patent Number 5,187,788
		               Robert Marmelstein
		                 U.S. Air Force
		               February 16,  1993
 
 
    A method of code generation for the Ada programming language, which
provides a user with the ability to quickly create a graphical representation
of an initial program design, the graphical representation being in a form
from which the Ada code is generated and then compiled;
 
    wherein the representation provides a user with a plurality of different
but consistent views of an Ada program, with graphic symbols representing
objects defined as entities including constants and variables having values,
wherein the objects include packages, operations, data types, states, slots,
events and connections as defined for the Ada language, and wherein operations
comprise tasks, procedures and functions;
 
    wherein said method comprises the steps:
 
    using a first editor for providing a first view wherein the user defines
an initial Ada package specification, using a combination of graphical means
and text, using a second editor for providing a second view with which the
user creates and manipulates complex data structures and defines local
variables, data structures and local variables used in the Ada program, and 
using a third editor for providing a third view with which the User defines
the control flow of a specific subprogram; and using first, second and third
event handlers for the first, second and third editors respectively;
 
    using the first editor and first event handler to create, select, edit
and delete graphic symbols, including graphic symbols representing packages,
and to create connections between graphic symbols which correspond to Ada
with and use statements, and to create package operations and data structures,
inserting graphic symbols into the data of the common data base, and updating
data in a common data base for objects which have been edited and not
deleted;
 
    using the third editor and third event handler to create, select, edit
and delete graphic symbols representing states, events, slots and transitions,
wherein states represent actions or sequence of actions including procedure
calls, function calls, code blocks, raise exception statements, and
rendezvous statements, wherein events represent Ada select or accept
statements, wherein slots represent paths of communication between tasks,
and wherein transitions describe conditions whereby control is passed to
another sate, wherein transitions between states include while statements,
for/in statements, loops and unconditional flow of control, and updating data
in the common data base for objects which have been edited and not deleted;
 
    using the second editor and second event handler to create, select, edit
and delete graphic symbols representing the data structure, and updating data
in the common data base for objects which have been edited and not deleted;
 
    entering a "generate Ada" command with the first editor to initiate Ada
source code generation for the Ada packages defined for the Ada program,
using templates which are generic structure types having a plurality of data
members, there being a template for each type of object, Ada code being
generated in the system by declaring specific data structures of the template
types with allocation of memory, traversing said common database, extracting
relevant information needed to produce the Ada code from each object in the
common database and inserting the relevant information into members of the
specific data structures, and executing a print function with the data members
of the templates as parameters.
-- 
**************************************************************************
Greg Aharonian
Source Translation & Optimiztion
P.O. Box 404, Belmont, MA 02178

Re: First Ada software patent issued to Air Force

[Michael Feldman]

In article <C3BIAq.35F@world.std.com> srctran@world.std.com (Gregory Aharonian) writes:
> 
>     As if the DoD doesn't have enough ways to undermine Ada acceptance and
>to waste money on promoting Ada software reuse (and coming up with such ways
>faster than I can find out about them and critique them), it seems that the
>DoD has found a new way to screw things up:  patent Ada technology.

Do you have any info yet on what DoD intends to do with the patent?
It is not clear from this post that they will take advantage of the
patent to inhibit distribution and reuse. If they do, I must say I'm
offended as a taxpayer. But you don't provide evidence of that.

Perhaps they will use their rights to propagate this tool. It could
happen, y'know. (I may be a pollyanna, too...)

Mike Feldman

Re: First Ada software patent issued to Air Force

[Tom Pole]

In article <C3BIAq.35F@world.std.com> srctran@world.std.com (Gregory Aharonian) writes:
> 
>     As if the DoD doesn't have enough ways to undermine Ada acceptance and
>to waste money on promoting Ada software reuse (and coming up with such ways
>faster than I can find out about them and critique them), it seems that the
>DoD has found a new way to screw things up:  patent Ada technology.
> 
>     Yes, this month the first software patent specifically dealing with
>Ada was issued

... other stuff deleted

> 
>Gregory Aharonian
>Source Translation & Optimization
> 

They have got to be kidding. Someone thinks the following is an _original_
and therefore patentable idea. There are numerous similar works, mostly
research but some proprietary commercial tools. I've done similar
work myself. The following can only be considered patentable by
someone with very little to no knowledge of the software reuse, and
generative software reuse fields.

You use a graphical editor to construct a representation of a
program, add textual information that is ambiguous in the representation
and then generate source code. The fact that it handles Ada instead
of Cobol or C++, and the fact that it deals with Ada tasks is not
sufficient to make this a NEW TECHNOLOGY or a NEW APPLICATION of
technology !!!! Graphical based code specification is NOT NEW !!
And source generation from a graphical spec is NOT NEW !!!

Normally, I stay out of flame wars which is why I rarely if ever
respond to GA's postings >:-} , but this has got me mad, just
plain angry.

It's not the developer's name I want to know. I want to know
the names of those responsible for granting this patent. I want
to know who researched the background of the technology. I want
to know the name of the government lackey who stuck his hand in my
pocket to pay for this travesty.

Do they think that the fact that no other Ada producing tool generates
code from pictures (which in itself is not true, it is rare but
not unheard of) makes it patentable. I am appalled !!!!!
A copyright definitley, but a patent !?!? Protection of the concept
and not the execution !?!?

Heaven Help Us ALL,
Thomas

> 
>==============================================================================
> 
>             GRAPHICS SYSTEM FOR AUTOMATIC COMPUTER CODE GENERATION
> 
>                          U.S. Patent Number 5,187,788
>		               Robert Marmelstein
>		                 U.S. Air Force
>		               February 16,  1993
> 
> 
>    A method of code generation for the Ada programming language, which
>provides a user with the ability to quickly create a graphical representation
>of an initial program design, the graphical representation being in a form
>from which the Ada code is generated and then compiled;
> 
>    wherein the representation provides a user with a plurality of different
>but consistent views of an Ada program, with graphic symbols representing
>objects defined as entities including constants and variables having values,
>wherein the objects include packages, operations, data types, states, slots,
>events and connections as defined for the Ada language, and wherein operations
>comprise tasks, procedures and functions;
> 
>    wherein said method comprises the steps:
> 
>    using a first editor for providing a first view wherein the user defines
>an initial Ada package specification, using a combination of graphical means
>and text, using a second editor for providing a second view with which the
>user creates and manipulates complex data structures and defines local
>variables, data structures and local variables used in the Ada program, and 
>using a third editor for providing a third view with which the User defines
>the control flow of a specific subprogram; and using first, second and third
>event handlers for the first, second and third editors respectively;
> 
>    using the first editor and first event handler to create, select, edit
>and delete graphic symbols, including graphic symbols representing packages,
>and to create connections between graphic symbols which correspond to Ada
>with and use statements, and to create package operations and data structures,
>inserting graphic symbols into the data of the common data base, and updating
>data in a common data base for objects which have been edited and not
>deleted;
> 
>    using the third editor and third event handler to create, select, edit
>and delete graphic symbols representing states, events, slots and transitions,
>wherein states represent actions or sequence of actions including procedure
>calls, function calls, code blocks, raise exception statements, and
>rendezvous statements, wherein events represent Ada select or accept
>statements, wherein slots represent paths of communication between tasks,
>and wherein transitions describe conditions whereby control is passed to
>another sate, wherein transitions between states include while statements,
>for/in statements, loops and unconditional flow of control, and updating data
>in the common data base for objects which have been edited and not deleted;
> 
>    using the second editor and second event handler to create, select, edit
>and delete graphic symbols representing the data structure, and updating data
>in the common data base for objects which have been edited and not deleted;
> 
>    entering a "generate Ada" command with the first editor to initiate Ada
>source code generation for the Ada packages defined for the Ada program,
>using templates which are generic structure types having a plurality of data
>members, there being a template for each type of object, Ada code being
>generated in the system by declaring specific data structures of the template
>types with allocation of memory, traversing said common database, extracting
>relevant information needed to produce the Ada code from each object in the
>common database and inserting the relevant information into members of the
>specific data structures, and executing a print function with the data members
>of the templates as parameters.
>-- 
>**************************************************************************
>Greg Aharonian
>Source Translation & Optimiztion
>P.O. Box 404, Belmont, MA 02178


-- 

Thomas Pole

First Ada Software patent issued to Air Force

[Colin James 0621]

Some of the issues raised by Gregory Aharanian require the experise of a
patent lawyer to answer (which I am not).  However, there are many good
reasons not to advertise a patent application.  For example, often before
a first action by the Patent Office (PO), the issue arises as to whether
to apply for foreign patent protection as well.  In the case of Nippon
Telephone & Telegraph (NT&T), a large non-USA producer of Ada code, such
advance notice could be important.  While virtually anyone can see the new
applications as they come in, including NT&T, many things can happen
between the time of the application and the first action.

Aharonian should also have done some more homework.  While reproducing the
patent abstract was a tedious task undertaken with some time involved which
I appreciate, finding out what the USAF requires for a license fee to use
the patent is important because if the fee was "a dollar and a peppercorn"
to US companies but $20,000 for a foreign corporation then it would be
quite clear why the technology was patented in the first place.

Also, the notion that a patent costs $10K or $20K to obtain and $10K to
maintain is simply not accurate.  My experience with a patent firm for my
random number generator (patent pending with response to first action of PO)
was about $5500 which involved many detailed electrical circuit diagrams
and did not involve foreign protection.  (Foreign protection is sometimes
overkill because all it means is that a foreign company could sell it overseas
but not in USA, usually the main market anyway.)  NOTE:  my patent was a
private labor, having nothing to do with my employer.

Hope this helps.  BTW, are there any patent lawyers out there to jump in?

Colin James III
BLM, DSC, Bldg 50, SC-342D, Denver, CO  80225;  (303) 236 - 5897
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hot as a pistol, but cool inside."
  Lyrics from He's Gone (ie Niel Cassady) by Robert Hunter
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Re: First Ada software patent issued to Air Force

[MILLS,JOHN M.]

In article <C3BIAq.35F@world.std.com> srctran@world.std.com (Gregory Aharonian) writes:
>     There are a variety of reasons why it is a waste of money for the DoD
>to patent Ada technology.  First, patents are usually sought for to allow
>a business to commercial exploit a new idea, and as I thought it was quite
>obvious, the DoD is neither a business, nor very successful at commercially
>exploiting anything.

A few comments:
  (1) there are plenty of reasons to obtain patent protection, aside from
      commercial exploitation.  One is self-protection from others who might
      patent the innovation, and prevent the originator from _using_ it.  Even
      obtaining the patent is not iron-clad protection on this issue, but it
      does stake out turf.

  (2) although I wouldn't encourage government agencies to speculatively 
      develop patentable technology, there is every prospect that an
      agency might produce such an innovation in the course of conceptual
      development or concept verification on a program, and determine that
      the innovation might be valuable to their future contractors or to
      commercial firms on that or other programs.  I know of no mandate
      for the government to give away any intellectual properties which it
      has been required to develop in such a case.

  (3) I don't see where the source language of an algorithm's implementation
      is relevant to determining whether or not to patent the innovation,
      nor would I hesitate to protect my interests in any such patent, just
      because code had been written in some particular language.

  (4) I wouldn't judge the competence or incompetence of any agency to
      exploit its intellectual properties, but:
      (a) commercial contractors are available to undertake this in the
          government's interest (nor will I comment on _their_ competence [8-),
      (b) this is not a new phenomenon (Have you ever read _NASA_Tech_Briefs_?)

  (5) The government (in contracting with us) allows certain rights in data
      to vest with us, since we are an educational institution, provided that
      the government receives the right to freely use, and to authorize free
      use by other contractors, the technologies represented by those rights
      in data. It is my understanding that in general the rights in data
      developed by commercial contractors to the government become the
      property of the government for its own subsequent use.  Insofar as
      those materials are developed under cost or cost-plus contracting,
      with the government paying direct and indirect costs of the contractors'
      work, I think that is appropriate.  Where the innovations are developed
      at the contractors' risk, government data rights are generally
      limited.  IRAD is a muddy one, and I am not interested in debating that.
      I have mixed feelings about some of the F.A.R. provisions which benefit
      us as an educational institution, but they are in place to encourage
      certain types of effort, as is indeed the patent system.

I would say that I paid for these developments (as a taxpayer), and I am
satisfied that the government try to recoup some of my money.  The
government's capability and judgement in pursuing this is another issue,
about which elections are held (I guess).

-- oh, oh  -- I got sucked into Greg's religious war.  well, it's Monday --

-- 
John M. Mills, SRE; Georgia Tech/GTRI/TSDL, Atlanta, GA 30332
uucp: ...!{decvax,hplabs,ncar,purdue,rutgers}!gatech!prism!jm59
Internet: john.m.mills@gtri.gatech.edu
EBENE Chocolat Noir 72% de Cacao - WEISS - 42000 St.Etienne - very fine

Re: First Ada Software patent issued to Air Force

[Gregory Aharonian]

>Aharonian should also have done some more homework.  While reproducing the
>patent abstract was a tedious task undertaken with some time involved which
>I appreciate, finding out what the USAF requires for a license fee to use
>the patent is important because if the fee was "a dollar and a peppercorn"
>to US companies but $20,000 for a foreign corporation then it would be
>quite clear why the technology was patented in the first place.

Your statement was an unfinished thought.  What you are really saying is that
"Aharonian should also have done some more of the Air Force's homework".
Where are the bozos in the Air Force who applied for this patent and are
involved with the licensing.  Home come they have not posted a single byte
of  information to comp.lang.ada about their "great" invention, what it
does, the licensing information, and the rest of the homework you want.

It gets tiring to keep on posting information about DoD activities that the
appropriate DoD office should be posting.  How come no one on comp.lang.ada
ever asks why the ASSET group has yet to post anything about their activities
and resources?  Or DSRO, or VCOE, or any other similar efforts.

   The fact that the Air Force group who sought the patent has yet to post
any information to comp.lang.ada means to me that they are not very serious
about licensing the program, to which I conclude that whatever money they
spent obtaining a patent of dubious "originality" from a prior art poin of
view, it was tax dollars wasted.   And if the Air Force is going to try and
recoup its costs by licensing its technology and get into business, well,
correct me if I am wrong, but we fought the Cold War to contain that type
of government socialism.

    In short, get off my back and onto the backs of the Air Force people
who applied for the patent.

Greg Aharonian
-- 
**************************************************************************
Greg Aharonian
Source Translation & Optimiztion
P.O. Box 404, Belmont, MA 02178