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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 www.kryon.com/k 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.

Conclusion

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: www.SecondCounsel.com.

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.

isotope1
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)
SAKAMOTO,Kei; AYABE, Tokiyo; MOCHIZUKI, Shoji

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
ABE, Norio; SAKAMOTO, Kei; AYABE, Tokiyo; MOCHIZUKI, Shoji; IWASAKI, Shin

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.
http://twitcasting.tv/shivaammachi/movie/77979733

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 – http://globalbem.com/program-detailed-2013/

Here’s the live stream link below:

Watch live streaming video from globalbem at livestream.com