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The Peak Oil Crisis: Cold Fusion Gets a U.S. Patent

This is a repost of and article originally published on the Falls Church News-Press here.

The Peak Oil Crisis: Cold Fusion Gets a U.S. Patent By Tom Whipple

Sometimes our government moves very slowly. In the case of granting a patent to cold fusion technology, which just might replace fossil fuels, it took 26 years. The odyssey that started with a press conference at the University of Utah back in 1989 and has bumped along below the world’s radar screen ever since, seems to be coming to an end. The cold fusion phenomenon had a brief flurry of notoriety until it was “debunked” by many physicists, a couple of universities, and the U.S. Department of Energy panel. The science fell into disrepute, its discovers were disgraced and went into exile.

Fortunately for mankind, there were a handful of experimenters who were able to reproduce the original experiments which produced anomalous heat, thereby keeping the spark of cold fusion alive, but mostly in obscure laboratories out of the purview of the mainstream press. A decade or so ago some Italian physicists made a major breakthrough which led to devices producing commercial, not just test tube, amounts of heat. This effort culminated in a number of semi-public demonstrations of the technology, which were largely ignored or denounced as conventional wisdom held that “cold fusion” was impossible.

Circa two years ago the Italian cold fusion effort, led by entrepreneur Andrea Rossi, was moved to North Carolina, linked up with a venture capital firm, and well-financed developmental work began on building commercially viable cold fusion reactors. Last February the first prototype, a one-megawatt reactor system producing steam 24 hours a day, was installed for a one-year test in an undisclosed factory somewhere in the US. This device has now been successfully operating for over six months. If all goes well for the remainder of the trial period, a report is scheduled to be issued and heat producing devices will go on sale to the public.

At some point the mainstream media will cotton to the fact that we have been led badly astray as to the viability of this technology and there indeed is an alternative to producing large amounts of energy other than by burning fossil fuels, nuclear fission, hydro, solar and wind. Obviously a technology that can produce large amounts of heat continuously at low cost and without harmful emissions or hazardous waste will catch on quickly. If not in the U.S., then I am sure the Chinese will be happy to help advance the technology.

One of the reasons there has been so much skepticism about cold fusion and Rossi’s reactor in recent years was the secrecy surrounding the inner workings of the device. Much of this secrecy was due to the developer’s inability to obtain a valid international patent on his intellectual property. When the U.S. Department of Energy declared the whole technology a hoax 25 years ago and reaffirmed this decision in the face of mounting evidence to the contrary 10 years later, the U.S. Patent Office adopted the position that it would not patent any device claiming to be based on cold fusion or anything close.

In 2008, Rossi filed for a U.S. patent on his technology, only to have it finally rejected seven years later for lack of sufficient proof that he really had developed a technology that worked. Although Rossi was granted an Italian patent in 2011, nobody thought it offered much protection against copiers of a technology that could easily be worth trillions of dollars should it come to replace fossil fuels someday.

This time around Rossi, and his patent attorneys, took a new approach to gaining the first of what will likely be many patents relating to a technology which could easily turn out to be the most important of the century. Rather than claiming that the device was based on controversial nuclear reactions, the new patent is for a simple “Fluid Heater” that raises the temperature of water by subjecting a mixture of nickel, lithium, and lithium-aluminum-hydride powders to heat. The mixture warms to hundreds of degrees centigrade and begins to produce much more heat energy than is initially applied to the powder by the built-in electric heater. There is a no mention anywhere in the patent of “cold fusion,” nor any kind of nuclear reaction. The patent is silent as to what is causing the excess heat, only saying that it occurs, leaving it to the reader to conclude that so much heat is bring produced that there must be some kind of nuclear reaction taking place – known chemical reactions will not suffice.

The patent breaks new ground in our understanding of how Rossi’s reactor works for in order to obtain his patent protection, he had to reveal the inner workings of the reactor and the composition of the fuel that was inside. The revelation in the patent that there are three separate powders, the proportion of the powders, and that the nickel catalyst must be preheated to drive out any moisture and increase the porosity of the nickel should be of great help to anyone attempting to replicate Rossi’s device. Also revealed in the patent was that each fuel load should be able to run for six months before needing to be replaced. Rossi, however, recently stated that that a single fuel load may run for a year and that the reactor currently being tested can run for long periods of time without the need to turn on the heaters that are run with outside power.

In the past year, numerous replicators have attempted to produce excess heat from devices similar to Rossi’s. One the of these replicators, Alexander Parkhomov at the University of Moscow, has been successful in at least a dozen tests. Other replicators have been able to produce excess heat, but were unable to control their reactors which quickly melted down due to the massive amount of heat being generated. With this new information from the patent, we should soon be seeing many successful replications and put to rest assertions that the technology is a fraud.

For those of us who have been following this technology for over a quarter of a century, the granting of a U.S. patent marks a major milestone in the history of science for it offers the opportunity to get mankind beyond the age of carbon and nuclear fission fuels and all that they have wrought – rogue petro state governments, pollution, global warming, and dangerous radioactive wastes. For now, the major question is whether this or similar technologies can come into widespread use fast enough to slow and then halt the many adverse societal, economic and climatological trends with which we are currently beset.

This is a repost of The Peak Oil Crisis: Cold Fusion Gets a U.S. Patent By Tom Whipple originally published on the Falls Church News-Press here.

Andrea Rossi Receives United States ECAT Patent

Andrea Rossi just received his first U.S. patent for his ECAT from the United States Patent and Trademark Office.

The Patent covers the ECAT as a Fluid Heater based on the Rossi Effect in all its details. Since the Rossi Effect is the main source of energy of the ECAT, this means that the ECAT Core Technology is protected by this patent. The Rossi Effect is based on the exothermal reaction between Lithium and Hydrogen which is catalyzed by Nickel or any other Group 10 element in the Periodic Table, including Palladium and Platinum. – See more at: has information, links, and a Q and A with Rossi regarding this latest news.

Patenting Cold Fusion Inventions before the US Patent & Trademark Office – Part 2

The following is Part 2 of a paper prepared By David J French in support of a Poster Presentation at ICCF-18, the 18th International Conference on Cold Fusion held in Columbia, Missouri over July 21 – 27, 2013. Part 1 is available at ColdFusionNow here. Part 2 now follows.

Patenting Cold Fusion Inventions before the US Patent and Trademark Office

. Part 2

Treatment of Cold Fusion Inventions before the USPTO

With the USPTO receiving over one half million applications a year, Examiners do not customarily require applicants to file proof that their alleged invention will work as represented. However, the USPTO has classified Cold Fusion and LENR technology in the same category as “perpetual motion”, anti-gravity, time travel, universal Cancer cures and guaranteed cures for baldness. These are considered to be cases where there is doubt that the alleged invention will work. In these fields Examiners are expected to require applicants to demonstrate that the alleged invention actually works. To impose this requirement the Examiner must establish a basis for a legitimate doubt in a communication to the applicant before requiring the applicant to provide proof of operability. Unfortunately, Examiners faced with Cold Fusion applications have in many instances used excessively negative and inflammatory language regarding the history of Cold Fusion science in attempting to place such a doubt on record.

Persons filing patent applications in this field have to be prepared to face a prove-it-works requirement. They do not have to prove that Cold Fusion works per se; they only have to prove that what they represent in their application is true. The disclosure accompanying their patent application must be sufficient to enable ordinary but knowledgeable workers in the field to reproduce what is promised in the patent application. This is not an area where a patent can be obtained on the basis of a prediction or prophetic insight.

Responding to a Prove-it Challenge

The best procedure to follow in answering such a requirement from a US Examiner is to place the original patent disclosure in the hands of an independent agency that will follow the instructions in that document and report-back, hopefully, that they obtained the results as predicted in the patent filing. Such evidence may not rely on after-developed understandings or procedures but must be based on the original document as filed, together with publicly available knowledge existing as of that date.

Relevant message: Make sure your Disclosure is complete when you make your formal patent filing. Be sure the invention works. Don’t promise too much. You may have to prove it!

Example that failed

James H Cook, a retired 80 year old engineer residing in Simi-Valley, California filed an application on August 19, 2009 before the US Patent Office for an invention entitled: “Energy Generation by Nuclear Acoustic Resonance”
This application became abandoned on March 9, 2013 for failure to respond to the US Patent Office Examiner’s first office action of September 9, 2012. Before addressing the reasons for the abandonment the nature of the invention and the filing will be explored. Here is an extract from the Abstract:

“(This invention) solves the problems of reliably initiating a low energy fusion reaction by loading deuterium into palladium metal via the process of electrolysis and by initiating the fusion reaction via the application of nuclear acoustic resonance. Affixed on each side of an electrolysis cell are piezoelectric transducers driven by corresponding frequency synthesizers. Surrounding the cell is a magnetic field produced by a magnetic field generator. The application of nuclear acoustic resonance, i.e. the combined application of an alternating magnetic field and of high frequency acoustic waves causes the deuterium atoms resident in the closely packed palladium metallic lattice to fuse into helium atoms with the consequent release of energy that is inherent to the fusion process.”

This is an example of a Prophetic invention: it is based on a prediction that something will happen rather than on actual tests. No data was given reporting test results. Instead the disclosure stated that this idea arose when the inventor heard about a reported melt-down in a Fleischman and Pons’s original pre-1989 experiment. He surmised that this was due to:

• “a low-level alternating magnetic field in the vicinity of the experiment caused by a transformer (presumably 60 Hz.) on the opposite side of the wall against which the fume hood containing the experiment was mounted”
• “An unrelated experiment in another part of the room was generating ultrasonic acoustic waves in the Megahertz range. It is believed that two frequencies, differing only slightly from each other, are necessary. (See the article, The Truth About DNA, subheading “A past experiment that was incomplete,” published on the Internet at chanelDNA04.html.)”
• “This application of high frequency acoustic waves causes the hydrogen atoms packed within the crystal lattice of the palladium cathode to undergo spin transitions. Upon reaching the Larmor frequency of the hydrogen atoms and achieving resonance, transitions between spin energy levels are generated. This produces a resonance scan. (See Inventor’s Theory of Operation, infra.) It is believed that for reliable initiation of the low energy fusion reaction, the first and second acoustic wave generators (17, 21) must operate at different frequencies. The specific frequencies required remain to be determined by experimentation.”
Note the frank statement that the “specific frequencies required remain to be determined by experimentation”. This was fatal.

The Examiner’s objections

Here is what the Examiner said about this application:

• “…..this “ColdFusion concept is still no more than just an unproven concept or theory.”
• “The general consensus by those skilled in the art and working at these various laboratories is that the fusion conclusion made by Fleischman and Pons was based on experimental error”
• “The general consensus by those skilled in the art is that there is no reputable evidence to support the claims of excess heat production, or the production of fusion by-products such as neutrons, gamma rays, tritium, or helium.”
• (this is) “a field that the general scientific community considers fraudulent.”
• “Since Fleischman and Pons’ 1989 announcement, there has been a continuing stream of publications demonstrating that virtually none of the ’Cold Fusion’ claims are valid.”

The Examiner summed up by reciting that he had provided a reasonable and sufficient basis for challenging the adequacy of the disclosure, concluding that the specification failed to meet the requirements of the Patent Act in terms of enabling workmen to implement the invention as promised.

The Applicant`s dilemma

The requirements for sufficient disclosure allow that it is OK to impose some modest degree of experimentation on future workmen if such experimentation will inevitably produce the right answer without undue effort on the part of an ordinary workman. However in this case, the existence of the specific frequencies that make the invention work is critical: the admission that such parameters remain to be established placed this invention in the category of an “unfinished work”. As well as imposing a prove-it requirement the Examiner rejected this filing for having an insufficient disclosure.

The applicant was given an opportunity to reply. He then decided to abandon his application. Ironically he might have been right. But his application did not meet the required standards and it could not be amended
An inventor can make an invention based upon a prediction, but

• the prediction has to be true
• the prediction has to be supported by instructions on how the benefits of the invention can be delivered reliably by others, once the patent comes to an end.
• Patents do not, however, issue for proposals which are, essentially, a suggestion that others pursue a specific line of research.

Relevance of Examiner`s condemnation of Fleischmann & Pons

The Examiner`s comments regarding Fleischmann & Pons are not relevant in the sense of requiring a response. The Examiner’s criticisms were only presented to justify his requirement that the applicant prove that the invention as described works and that the description of how to make it work was sufficient.
Filing evidence that the invention really works and that the disclosure is enabling would have resulted in an Allowance (so long as the Claims were worded to avoid the Prior Art). Unfortunately the disclosure was irreparably inadequate: it failed to teach the special acoustic frequencies that would initiate the Cold Fusion effect.


It’s very easy to obtain a US patent for Cold Fusion. Just file an application:

For a useful idea that works,

that includes a description on how to make it happen, and which

specifies a feature that is new (done in one or more “claims”).

Easily said, but challenging to fully understand.

David French is a retired patent attorney and the principal and CEO of Second Counsel Services. Second Counsel provides guidance for companies that wish to improve their management of Intellectual Property. For more information visit:

Radioactivity Decreasing Effect of 4-5 nm Silver Particles on K40

The Japan Radioisotope Association (JRIA) held its the 51th workshop of isotope and radiation researh at the University of Tokyo from July 7 to July 9. The program in Japanese is published here.

Dr. Norio Abe and Dr. Shin Iwasaki made presentations about the experiments of radioactivity decreasing effect of 4-5 nm silver particles. The below is quoted from the program and translated to English by me.

Oral Presentation: July 7 (Mon) 10:00 to 11:00 radiation effect
Chair:     Masakazu Washio (Waseda University)
Radioactivity Decreasing Effect of 4-5 nm Silver Particles on Cs134 and Cs137 in Soil, and K40 in Potassium Fertilizer
IWASAKI, Shin (Center of General Education, Tohoku Institute of Technology)
ABE, Norio (a former staff of Japan Firefly Breeding Institute, Itabashi-ku, Tokyo)

Poster Presentation: July 7 (Mon) 11:30 – July 8 (Tue) 11:00
Early Experimentation Results of Radioactivity Decreasing Effect of 4-5 nm Silver Particles on Cs134 and Cs in Soil

The oral presentation (in Japanese) was recorded by my friend and published the below url. Dr. Iwasaki said he thought the phenomenon might be a kind of LENR at about 11:47 of the video.

Nano Silver

I report the most interesting experiment result in the above presentations in this article.
Dr. Abe and Dr. Iwasaki had been announced the experimental results that the radiation of the contaminated soil was reduced when they added nano sliver solutions to the soil. This presentation showed the new experiment that nano silver particles could decrease radiation of radioactive potassium (K40).

I think this result is very important in the following points.

  • Radioactivity decreasing effect of 4-5 nm silver particles was effective for K40 other than radioactive Cs. I think they expected the effect because they have found radioactivity decreasing effect for both Cs137 and Cs134.
  • Potassium fertilizer used in the experiment can be purchased by anyone. The key material, 4-5 nm silver particles, is shipped by UFS-REFINE company. Therefore, I expect reproduction of the experiment will become much easier.
    (If anyone wants to

My summary of presentation material for the oral presentation by Dr. Iwasaki is shown below.

  • K40 is radioactive material present in nature, 0.01% abundance ratio, T1/2 = 12 billion years.
  • Because the sensitivity of spectrometer (Clear Pulse Co., A2702) is low, a large amount of potassium fertilizer is required, then they filled U9 type standard container with Potassium fertilizer (76.7g).
  • As the first position (“up” position), they put the spectrometer horizontally at the bottom of the lead shielding box and put the U9 container on the spectrometer. As the second position (“down” position), they put the U9 container horizontally at the bottom of the lead shielding box and put the spectrometer on the U9 container. They regarded two measurements, up and down positions (each measurement takes 12 hours), as one unit and calculate the average of result values.
  • They started Series I experiment from February 12, 2013. After the initial measurement, they opened the container to check the content, and transferred the content to the tray. Then, they added 5 g of Talc powder supporting nano silver particles (300 ppm) to the content and stirred it. And they added 10 cc of collagen solution supporting nano silver particles (160 ppm) to the content and stirred it carefully. After the process, they returned the content in the U9 container and sealed the joint part of the lid by tape. They did 8 units of measurements until August 9. For the measurements, they also measured background radiation many times.
    (They watered UFS-CW20F to get suitable density (160 ppm) as collagen solution supporting nano silver particles.)
  • Because in the 8 units of measurements, they missed the down position measurements in 2 times, they showed the 6 units results. Each figure shows relative ratio to the initial radiation value. Each radiation value is calculated as
    [total number of photoelectric peak area of K40] – [background].

Feb 13 up, Feb 14 down (initial value):     1.00
Feb 15 up, Feb 16 down:     0.83
Feb 17 up, Feb 18 down:     0.87
Apr 8 up, Apr 9 down:     0.81
May 5 up, May 6 down:     0.79
Jun 27 up, Jun 27 down:     0.80
Jul 24 up, Jul 25 down:     0.77
Aug 9 up, Aug 9 down:     0.80

  • As the result, the decreasing ratio is about 20%. The estimated uncertainty of the average value taking into account the “up / down” difference is about 3% to 12% and the statistical uncertainty is under 2.5%.
  • On September 10, they opened the U9 container to check the content and injected 5cc of collagen solution supporting nano silver particles (20ppm) to the center of the content. From one day later, they started Series II measurements and they are going now. They obtain the similar result in the Series II.
  • In conclusion, they can set the hypothesis that 4-5 nm silver particles can decrease the radioactivity of K40, too.

I expect that other scientists will reproduce the experiment and find new technology to reduce radioactivity of huge volume of nuclear waste.

Cold Fusion Now!



Breakthrough Energy Conference LIVE STREAM

The 2013 Breakthrough Energy Conference in Boulder Colorado just announced that they will live stream the event starting tomorrow morning, October 10th.

Cold Fusion Now’s Ruby Carat will be the first speaker tomorrow morning at 10 am Colorado time (Mountain time zone). Also featured is James Martinez, Sterling Allan and more. Here’s the schedule –

Here’s the live stream link below:

Watch live streaming video from globalbem at