Is there a physicality requirement at Common Law? : a survey of the Pre-NRDC cases discussing ‘Manufacture’

One of the fundamental issues that remains unresolved in patent law today, both in Australia and in other jurisdictions, is whether an invention must produce a physical effect or cause a physical transformation of matter to be patentable, or whether it is sufficient that an invention involves a specific practical application of an idea or principle to achieve a useful result. In short, the question is whether Australian patent law contains a physicality requirement. Despite being recently considered by the Federal Court, this is arguably an issue that has yet to be satisfactorily resolved in Australia. In its 2006 decision in Grant v Commissioner of Patents, the Full Court of the Federal Court of Australia found that the patentable subject matter standard is rooted in the physical, when it held that an invention must involve a physical effect or transformation to be patent eligible. That decision, however, has been the subject of scrutiny in the academic literature. This article seeks to add to the existing literature written in response to the Grant decision by examining in detail the key common law cases decided prior to the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, which is the undisputed authoritative statement of principle in regards to the patentable subject matter standard in Australia. This article, in conjunction with others written by the author, questions the Federal Court’s assertion in Grant that the physicality requirement it established is consistent with existing law.

Aerial object following using visual fuzzy servoing

This article presents a visual servoing system to follow a 3D moving object by a Micro Unmanned Aerial Vehicle (MUAV). The presented control strategy is based only on the visual information given by an adaptive tracking method based on the colour information. A visual fuzzy system has been developed for servoing the camera situated on a rotary wing MAUV, that also considers its own dynamics. This system is focused on continuously following of an aerial moving target object, maintaining it with a fixed safe distance and centred on the image plane. The algorithm is validated on real flights on outdoors scenarios, showing the robustness of the proposed systems against winds perturbations, illumination and weather changes among others. The obtained results indicate that the proposed algorithms is suitable for complex controls task, such object following and pursuit, flying in formation, as well as their use for indoor navigation

Physicality in Australian Patent Law

It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods – namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full Court of the Federal Court of Australia held that an invention must involve a physical effect or transformation to be patentable subject matter. In doing so, it introduced a physicality requirement into Australian law. What this article seeks to establish is whether the court’s decision is consistent with the case law on point. It does so by examining the key common law cases that followed the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, the undisputed authoritative statement of principle in regard to the patentable subject matter standard in Australia. This is done with a view to determining whether there is anything in those cases that supports the view that the Australian patentable subject matter test contains a physicality requirement.

It’s about time : investing in transportation to keep Texas economically competitive : Appendices

APPENDIX A : PAVEMENT QUALITY (Zhanmin Zhang, Michael R. Murphy, Robert Harrison), 7 pages -- APPENDIX B : BRIDGE QUALITY (Jose Weissmann, Angela J. Weissmann), 6 pages -- APPENDIX C : URBAN TRAFFIC CONGESTION (Tim Lomax, David Schrank), 32 pages -- APPENDIX D: RURAL CORRIDORS (Tim Lomax, David Schrank), 6 pages -- APPENDIX E: ADDITIONAL REVENUE SOURCE OPTIONS FOR PAVEMENT AND BRIDGE MAINTENANCE (Mike Murphy, Seokho Chi, Randy Machemehl, Khali Persad, Robert Harrison, Zhanmin Zhang), 81 pages -- APPENDIX F: FUNDING TRANSPORTATION IMPROVEMENTS (David Ellis, Brianne Glover, Nick Norboge, Wally Crittenden), 19 pages -- APPENDIX G: ESTIMATING VEHICLE OPERATING COSTS AND PAVEMENT DETERIORATION (by Robert Harrison), 4 pages

Multimodal approaches to reflective teaching and assessment in higher education

Reflection is not a new concept in the teaching of higher education and is often an important component of many disciplinary courses. Despite this, past research shows that whilst there are examples of rich reflective strategies used in some areas of higher education, most approaches to and conceptualisations of reflective learning and assessment have been perfunctory and inconsistent. In many disciplinary areas reflection is often assessed as a written activity ‘tagged onto’ assessment practices. In creative disciplines however, reflective practice is an integral and cumulative form of learning and is often expressed in ways other than in the written form. This paper will present three case studies of reflective practice in the area of Creative Industries in higher education – Dance, Fashion and Music. It will discuss the ways in which higher education teachers and students use multi-modal approaches to expressing knowledge and reflective practice in context. The paper will argue that unless students are encouraged to participate in deep reflective disciplinary discourse via multi-modes then reflection will remain superficial in the higher education context.

Australia leads with process bus

Powerlink Queensland has undertaken an aggressive program of research, development and implementation of IEC 61850-based system solutions. The intent is to move towards an IEC 61850 process bus using a two-step approach.

Who succeeds at university? factors predicting academic performance in first year Australian university students

With the increasing diversity of students attending university, there is a growing interest in the factors predicting academic performance. This study is a prospective investigation of the academic, psychosocial, cognitive, and demographic predictors of academic performance of first year Australian university students. Questionnaires were distributed to 197 first year students 4 to 8 weeks prior to the end of semester exams and overall grade point averages were collected at semester completion. Previous academic performance was identified as the most significant predictor of university performance. Integration into university, self efficacy, and employment responsibilities were also predictive of university grades. Identifying the factors that influence academic performance can improve the targeting of interventions and support services for students at risk of academic problems.

Proceedings of the Fourth Australasian Workshop on Health Informatics and Knowledge Management [Volume 120]

We are pleased to present the papers from the Australasian Health Informatics and Knowledge Management (HIKM) conference stream held on 20 January 2011 in Perth as a session of the Australasian Computer Science Week (ASCW) 2011. Formerly HIKM was named Health Data and Knowledge Management, however the inclusion of the health informatics term is timely given the current health reform. The submissions to HIKM 2011 demonstrated that Australasian researchers lead with many research and development innovations coming to fruition. Some of these innovations can be seen here, and we believe further recognition will accomplish by continuation to HIKM in the future. The HIKM conference is a review of health informatics related research, development and education opportunities. The conference papers were written to communicate with other researchers and share research findings, capturing each and every aspect of the health informatics field. They are namely: conceptual models and architectures, privacy and quality of health data, health workflow management patient journey analysis, health information retrieval, analysis and visualisation, data integration/linking, systems for integrated or coordinated care, electronic health records (EHRs) and personally controlled electronic health records (PCEHRs), health data ontologies, and standardisation in health data and clinical applications.

The suitability of using accumulated plastic strain to assess the damage at the rail-wheel interfaces

Numerous Abaqus [1] finite element analyses have been carried out using various plasticity models to investigate the effect of friction force on the rail head in relation to both the development of the accumulated plastic strain (PEEQ) and the changes in the depth of PEEQ distribution in the wheel-rail contact. The normal force distribution on the rail head was assumed to be Hertzian. The tangential force was implemented as a fraction of the normal force in the subroutine. Each analysis was carried out for a single pass and the effect of various friction coefficient values has been observed.

What is a good project manager? Reconceptualizing the “do” : an Aristotelian perspective

In Social Science (Organization Studies, Economics, Management Science, Strategy, International Relations, Political Science…) the quest for addressing the question “what is a good practitioner?” has been around for centuries, with the underlying assumptions that good practitioners should lead organizations to higher levels of performance. Hence to ask “what is a good “captain”?” is not a new question, we should add! (e.g. Tsoukas & Cummings, 1997, p. 670; Söderlund, 2004, p. 190). This interrogation leads to consider problems such as the relations between dichotomies Theory and Practice, rigor and relevance of research, ways of knowing and knowledge forms. On the one hand we face the “Enlightenment” assumptions underlying modern positivist Social science, grounded in “unity-of-science dream of transforming and reducing all kinds of knowledge to one basic form and level” and cause-effects relationships (Eikeland, 2012, p. 20), and on the other, the postmodern interpretivist proposal, and its “tendency to make all kinds of knowing equivalent” (Eikeland, 2012, p. 20). In the project management space, this aims at addressing one of the fundamental problems in the field: projects still do not deliver their expected benefits and promises and therefore the socio-economical good (Hodgson & Cicmil, 2007; Bredillet, 2010, Lalonde et al., 2012). The Cartesian tradition supporting projects research and practice for the last 60 years (Bredillet, 2010, p. 4) has led to the lack of relevance to practice of the current conceptual base of project management, despite the sum of research, development of standards, best & good practices and the related development of project management bodies of knowledge (Packendorff, 1995, p. 319-323; Cicmil & Hodgson, 2006, p. 2–6, Hodgson & Cicmil, 2007, p. 436–7; Winter et al., 2006, p. 638). Referring to both Hodgson (2002) and Giddens (1993), we could say that “those who expect a “social-scientific Newton” to revolutionize this young field “are not only waiting for a train that will not arrive, but are in the wrong station altogether” (Hodgson, 2002, p. 809; Giddens, 1993, p. 18). While, in the postmodern stream mainly rooted in the “practice turn” (e.g. Hällgren & Lindahl, 2012), the shift from methodological individualism to social viscosity and the advocated pluralism lead to reinforce the “functional stupidity” (Alvesson & Spicer, 2012, p. 1194) this postmodern stream aims at overcoming. We suggest here that addressing the question “what is a good PM?” requires a philosophy of practice perspective to complement the “usual” philosophy of science perspective. The questioning of the modern Cartesian tradition mirrors a similar one made within Social science (Say, 1964; Koontz, 1961, 1980; Menger, 1985; Warry, 1992; Rothbard, 1997a; Tsoukas & Cummings, 1997; Flyvbjerg, 2001; Boisot & McKelvey, 2010), calling for new thinking. In order to get outside the rationalist ‘box’, Toulmin (1990, p. 11), along with Tsoukas & Cummings (1997, p. 655), suggests a possible path, summarizing the thoughts of many authors: “It can cling to the discredited research program of the purely theoretical (i.e. “modern”) philosophy, which will end up by driving it out of business: it can look for new and less exclusively theoretical ways of working, and develop the methods needed for a more practical (“post-modern”) agenda; or it can return to its pre-17th century traditions, and try to recover the lost (“pre-modern”) topics that were side-tracked by Descartes, but can be usefully taken up for the future” (Toulmin, 1990, p. 11). Thus, paradoxically and interestingly, in their quest for the so-called post-modernism, many authors build on “pre-modern” philosophies such as the Aristotelian one (e.g. MacIntyre, 1985, 2007; Tsoukas & Cummings, 1997; Flyvbjerg, 2001; Blomquist et al., 2010; Lalonde et al., 2012). It is perhaps because the post-modern stream emphasizes a dialogic process restricted to reliance on voice and textual representation, it limits the meaning of communicative praxis, and weaking the practice because it turns away attention from more fundamental issues associated with problem-definition and knowledge-for-use in action (Tedlock, 1983, p. 332–4; Schrag, 1986, p. 30, 46–7; Warry, 1992, p. 157). Eikeland suggests that the Aristotelian “gnoseology allows for reconsidering and reintegrating ways of knowing: traditional, practical, tacit, emotional, experiential, intuitive, etc., marginalised and considered insufficient by modernist [and post-modernist] thinking” (Eikeland, 2012, p. 20—21). By contrast with the modernist one-dimensional thinking and relativist and pluralistic post-modernism, we suggest, in a turn to an Aristotelian pre-modern lens, to re-conceptualise (“re” involving here a “re”-turn to pre-modern thinking) the “do” and to shift the perspective from what a good PM is (philosophy of science lens) to what a good PM does (philosophy of practice lens) (Aristotle, 1926a). As Tsoukas & Cummings put it: “In the Aristotelian tradition to call something good is to make a factual statement. To ask, for example, ’what is a good captain’?’ is not to come up with a list of attributes that good captains share (as modem contingency theorists would have it), but to point out the things that those who are recognized as good captains do.” (Tsoukas & Cummings, 1997, p. 670) Thus, this conversation offers a dialogue and deliberation about a central question: What does a good project manager do? The conversation is organized around a critic of the underlying assumptions supporting the modern, post-modern and pre-modern relations to ways of knowing, forms of knowledge and “practice”.

Diffusion of extreme weather-proofing technology in the built environment

This study addresses the research question: ‘What are the diffusion determinants for extreme weather-proofing technology in the Australian built environment?’ In order to effectively identify diffusion determinants, a synthesis of literature in both technical and management fields was conducted from a system-wide perspective. Review results where then interpreted through an innovation system framework, drawn from innovation systems literature, in order to map the current state of extreme weather-proofing technology diffusion in the Australian built environment industry. Drivers and obstacles to optimal diffusion are presented. Results show the important role to be played by Australian governments in facilitating improved weather proofing technology diffusion. This applies to governments in their various roles, but particularly as regulators, clients/owners and investors in research & development and education. In the role as regulators, findings suggest Australian governments should be encouraging the application of innovative finance options and positive end-user incentives to promote the uptake of weather proofing technology. Additionally, in their role as clients/owners, diffusion can be improved by adjusting building and infrastructure specifications to encourage designers and constructors to incorporate extreme weather proofing technology in new and redeveloped built assets. Finally, results suggest greater investment is required in research and development and improved knowledge sharing across the construction supply chain to further mitigate risks associated with greater incidences of extreme weather events.

Acoustic emission condition monitoring : an application for wind turbine fault detection

Low speed rotating machines which are the most critical components in drive train of wind turbines are often menaced by several technical and environmental defects. These factors contribute to mount the economic requirement for Health Monitoring and Condition Monitoring of the systems. When a defect is happened in such system result in reduced energy loss rates from related process and due to it Condition Monitoring techniques that detecting energy loss are very difficult if not possible to use. However, in the case of Acoustic Emission (AE) technique this issue is partly overcome and is well suited for detecting very small energy release rates. Acoustic Emission (AE) as a technique is more than 50 years old and in this new technology the sounds associated with the failure of materials were detected. Acoustic wave is a non-stationary signal which can discover elastic stress waves in a failure component, capable of online monitoring, and is very sensitive to the fault diagnosis. In this paper the history and background of discovering and developing AE is discussed, different ages of developing AE which include Age of Enlightenment (1950-1967), Golden Age of AE (1967-1980), Period of Transition (1980-Present). In the next section the application of AE condition monitoring in machinery process and various systems that applied AE technique in their health monitoring is discussed. In the end an experimental result is proposed by QUT test rig which an outer race bearing fault was simulated to depict the sensitivity of AE for detecting incipient faults in low speed high frequency machine.

The Credit Act Advisory System (CAAS) : conversion from an expert system prototype to a C++ commercial system

CAAS is a rule-based expert system, which provides advice on the Victorial Credit Act 1984. It is currently in commercial use, and has been developed in conjunction with a law firm. It uses an object-oriented hybrid reasoning approach. The system was initially prototyped using the expert system shell NExpert Object, and was then converted into the C++ language. In this paper we describe the advantages that this methodology has, for both commercial and research development.

Knowledge ecosystems of early career academics : a grounded theory of experiencing information use for learning in developmental networks

This study explored early career academics' experiences in using information to learn while building their networks for professional development. A 'knowledge ecosystem' model was developed consisting of informal learning interactions such as relating to information to create knowledge and engaging in mutually supportive relationships. Findings from this study present an alternative interpretation of information use for learning that is focused on processes manifesting as human interactions with informing entities revolving around the contexts of reciprocal human relationships.

Ray's Night Out

Research Background: The proliferation of technologically-based interventions and mHealth in particular have led to a need for innovative, relevant and engaging ways of presenting health messages to young people using technology. ‘Ray’s Night Out’ is a mobile health application co-designed with young people by an interdisciplinary team of researchers at Queensland University of Technology. Research Questions: The design, research, development and evaluation of ‘Ray’s Night Out’ addressed a number of research questions from across the fields of Psychology and Interactive and Visual Design. The specific design research questions addressed were: How can a mobile intervention be best designed to promote young people’s safety and wellbeing and minimise harm when consuming alcohol on a typical night out? Specifically, how can principles of interactive and visual design be effectively applied to develop innovative digital health communication solutions that empower young people as active participants in improving their health and wellbeing? Research Contribution: Innovation The mobile app, as a digital artifact, represents a new way of engaging young people in the issue of alcohol consumption and the pacing and self-care behaviours through unique interaction, visual and interface designs which resulted from the participant-led and iterative design research process. The design of the specific interactive and visual features of the app informed by participatory design data and by health research present a novel approach to preventing young people in crossing the ‘stupid line’ on a typical night out. Research Significance: The significance of the design research component within the larger interdisciplinary practices that have informed ‘Ray’s Night Out’ (e.g. field of psychology, reported through journal articles and other related outcomes), is the unique visual and interactive presentation of participant data and health concepts within the app interface and interaction design which improves and increases young people’s engagement with the health messages it contains. The global quality standard is further demonstrated by the launch on Apple iTunes: https://itunes.apple.com/us/app/rays-night-out/id978589497?mt=8 This demonstrates the application meets the high professional requirements for global release and international standards set by Apple AppStore.