New kid on the block? – Brillouin Energy Corp

The following is a further posting in a series of articles by David French, a patent attorney with 35 years experience, which will review patents of interest touching on the field of Cold Fusion.

April 23, 2012 –For some of us who have not been following the ColdFusion scene very carefully, Brillouin Energy Corp may seem like a new upstart. Actually, they have been around for some time. But they have now “come out” with a very complete and informative release that describes their initiatives, and reported “breakthrough” in the ColdFusion universe. Here is a summary description from Pure Energy Systems.  Their slogan is apparently: “Understanding how LENR works will enable us to be first!”

This website is very generous in explaining their theory for generating energy through a lattice assisted nuclear reaction – “LANR”. This theory is based upon electron capture with a twist. Coherent phonon waves within a host lattice created by pulsating electrical current provide energy levels in excess of the 782 KeV threshold needed to produce a neutron out of the combination of an electron and a proton. The accumulating neutrons eventually form 4H – “hydrogen 4” which is an entity I had never heard about. It is an atom that contains one proton and three neutrons. Apparently, once created hydrogen 4 can convert to 4He – “helium 4” with the emission of a beta particle and without releasing penetrating gamma ray radiation. Beta particles, high-speed electrons, are likely to be readily absorbed within a metal lattice and its surrounding containment; accordingly, they are not readily detected. They would certainly not represent a radiation hazard by themselves.

The website contains a generous dose of mathematics. I do not pretend to understand the physics, particularly the analysis of Hamiltonians. I am going to have to study that subject further. But there is a story in the patent applications that have been assigned to Brillouin at the US Patent Office, and in the corresponding applications filed elsewhere in the world.

Apparently, as early as December 29, 2005 the inventor Robert E. Godes initiated a first US Provisional patent application which has served as a priority document for a number of filings. The year later follow-on US non-provisional ran into trouble on the basis that it was directed to “Cold Fusion”. As is usual, the US Examiner issued a rejection which was subject to being withdrawn if the applicant could prove that the invention as described works, i.e. the invention delivers on its promise. Apparently Godes, then operating on behalf of Profusion Energy, Inc. of Alameda, California as the assignee/applicant, encountered continuing resistance. Fortunately, as this application was part of the US patent system, after having been rejected in this first application another filing was made in the form of a US “Continuation” application.

This procedure is virtually unique to US law. A properly-filed US Continuation application enjoys all of the filing dates of the earlier application upon which it is based. The consequence is that there is still a US patent application pending which dates back to 2005 and which, if supported by proof of utility, could have significant impact on the exploitation of LENR systems in America.

Meanwhile, the earlier US priority filing and the subsequent non-provisional application made a year later gave rise to a PCT filing. That PCT filing, in turn, has matured into filings in Europe, Japan and China. This PCT application probably contains “new matter” not included in the original priority filing, but at the same time probably parallels the content of the first and second US non-provisional filings. A comparison of the documents would have to be made to determine this issue properly.

Note that there are a large number of countries for which patents have not been filed for this technology. In all of these countries, the invention as described in the published US and PCT applications on or about September 6, 2007 is available for use without obligation. Publication has made this invention unpatentable in all countries where applications were not already pending.

There are actually two PCT filings that have been made naming Robert E. Godes as an inventor; only one apparently relating to cold fusion; the other apparently relates to solid-state electronics technology which may be collateral to cold fusion issues. This second application should also be checked to determine its relevance.

Note, this search summary of published applications focuses on cases naming Robert E. Godes as an inventor. It is possible that further Brillouin applications are pending in the names of other inventors. Also, one or more further filings by Godes could be pending but unpublished if they are still within the 18 month secrecy window.

Of the applications now in national entry status derived from the PCT filing, the European application is the one of most interest. Examination has been requested for this application but has not commenced.

Using the US claims as probably being exemplary of what this series of patents aspires to control, we can now examine Claim 1 to see what can and cannot be done, if and when a patent issues containing this claim, without seeking permission from Brillouin Energy Corp. Claim 1 reads as follows:

1. An apparatus for energy generation comprising:

a body, referred to as the core, of a material capable of phonon propagation;
a mechanism for introducing reactants into said core;
a source of current pulses for establishing current pulses through said core, said current pulses inducing phonons in said core so that reactants, when introduced into said core, undergo nuclear reactions; and
a closed loop control system, coupled to said mechanism

– for introducing reactants and to said source of current pulses,
– for specifying operating parameters of said mechanism for introducing reactants and of said source of current pulses,
– for sensing one or more operating conditions, and for modifying one or more operating parameters,

thereby controlling the number of nuclear reactions and the depth of the nuclear reactions in said core so as to provide a desired level of energy generation while allowing energy released due to the nuclear reactions to dissipate in a manner that substantially avoids destruction of said core.

One of the first observations that can be made is that this claim stipulates that the coherent sound waves, the phonons, are generated by establishing “current pulses through said core”. Apparently, sound waves created by a piezoelectric effect, magnetostriction and or applied electrostatic fields are not intended to be within the scope of these exclusive rights. This might get changed in the course of examination if the Brillouin patent attorneys reconsider this claim. But they can only enlarge its scope if there is support for the larger ideas in the final, non-provisional filing for this application. That is the way patent procedure works.

Otherwise the above claim is a pretty well-written claim. Notice that it does not rely on any sort of theory. It simply describes a procedure which the application represents will deliver a useful result. That is what patents and patent claims are all about. You do not patent a theory. You patent how to get to a useful result.

Nevertheless, the full disclosure in the patent document is very interesting as a source of guidance for a theory that might work. Even if the theory put forward in the application is not correct, the patent, and its claims, can still be valid if the instructions for producing a useful result are accurate.

This application has already gone through the US Patent Office once when it ran into trouble for failure to satisfy the Examiner that it describes how to achieve the useful result. On this second pass, a different outcome may occur, depending on the nature of the evidence that is filed to support the promises that are being made.

Special learning point: you should not promise much in a patent application. A patent disclosure is not a sales pitch. You should simply say, effectively: “The invention delivers some degree of useful result.”

In conclusion, the Pure Energy Systems article first referenced above contains an excellent outline of the theory that this company is apparently operating on. If they have managed to achieve reliable production of energy at the elevated temperatures that they represent in their website, they are going to have a breakthrough winner that should attract the attention of the world.

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:

David French is prepared to address questions included as commentaries to any of his postings or by direct email. In particular, he would like to learn what people need to know in order to better understand patents.

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16 thoughts on “New kid on the block? – Brillouin Energy Corp”

  1. The US Patient Office has become a grave yard for “cold fusion” applications. I wonder what would happen if the “powers that be” annointed one particular LENR application. This isn’t a trivial or lawful issue, but a matter of both national security and world economics. If first generation LENR enables decentralized power production, the current world economic paradigm would be shattered – I know some will say “who cares,” but if I am correct it is profound and worrying. Frankly, it is hard to believe all the LENR patients are failing to pass US Patient Office muster due to failure to prove that the device works as promised.

    1. Until putting people out of work for them to enjoy life is the aim of technology and production then the World is upside down.
      Without money and finance of any kind the number of people needed to work to maintain and improve everybody’s life is reduced by millions.
      People could retire at say 45 and work shorter hours.
      Only money and finance destroys most peoples security and well being, leaving an obscene minority with power and position based on greed and self-serving and not service to humanity.
      The World will clearly only be moving into sanity when putting people out of work is greeted with celebration and joy, for them to move on to a short working life, helping society and with freedom from mortgagees, bills and all fair living costs.
      All of us can think of ways to implement this situation and solving the many fair problems it will raise would be exciting and rewarding, as every step forward would lead to a more fair and prosperous World for all

      1. So… If money and finance didn’t exist, how would these inventions be produced? Through everyones good will and free provision of materials and labor? I’m behind on the basic theories of anti-capitalism (if there are any).

        1. KPS, start at the beginning.
          If you work out the number of workers at this moment needed to maintain the present fair living standards for all and remove all obscenely rich and powerful people who contribute only to themselves and not society.
          If you remove all money and finance related jobs of all descriptions.
          You are left with a situation of many more unemployed people able to share the task of maintaining the current status quo.
          As I said in my above comment that is the position to work away from.
          There are many problems to bring society to a fair distribution of labor and reward but that is moving on.
          One first has to see the Basic Logical point that every worker in money or finance related employment is wasting their lives in a pointless, circular non productive endevour.
          WE are being conned by capitalism to maintain an irrational unequal system, just for the benefit of the rich and powerful and unfortunately many intelligent people follow the brainwashing unthinkingly.
          The first thing they shout, which the brain-washed respond to with anger and fear is COMMUNISM, which we have been indoctrinated to believe is all evil.
          Not communism but a new system based on sense and reality that rewards those who give and work for society in any area and not the selfish parasites that maintain their own power, position and wealth at the expense of the only people that count, those producing our everyday fair needs and desires.
          The fun is in achieving a fair honest system not in a denying it’s possibility.

    1. Francesco , well that is two of us against the other 7 billion who don’t even realise that it is possible, because of the usual brain-washing of people led to believe that capitalism is the only way.

  2. @KPS: I’m not saying that starting from this evening we should stop working, stop using money and so on, I’m not so naive. I am only convinced that the real progress is the one that will free men from working for 8 hours a day, that will allow men to have more time for culture, love and all the really important things in life. The target should be this and all our efforts should go in this direction I think. I know people that haven’t done anything in their life but work, they made a lot of money but they are only able to get fake respect from their employees; this makes me sad. I also think that we are slowly going in the right direction, but the process is still too slow and progress is used by powerful and greedy people in order to exploit other people and make more and more money. The internet helped to make a big leap forward in my opinion and cold fusion or any new cheap energy will help a lot as well. Then I could go on writing my thoughts and be very long, but I would go off-topic too much and probably bother someone I guess, but it’s good to open our minds to different ways of living and thinking

  3. I agree with you KPS. It was Ayn Rand who said, ” Until and unless you discover that money is the root of all good, you ask for your own destruction. When money ceases to become the means by which men deal with one another, then men become the tools of other men. Blood, whips and guns–or dollars. Take your choice–there is no other.

    Is there a place for altruism? Absolutely! Just not with a threat of incarceration or death. Free will and choice is the only way. Sure it is chaotic and hard to fathom or control but that’s what makes life fascinating anyway.

    1. Ayn Rands hedonistic philosophy is being used by the extreme radical right wing of the Republican Party to justify their deeply immoral policies. It is responsible for the deep rifts between the two main political parties in America today.
      She was a deeply flawed person. Though she would have denied other people should receive any help from the State, she urgently requested help from the State when she was suffering from terminal cancer. This was against all her teachings, and illustrates her deep cynicism and hypocrisy.

  4. I know their assumption is that a proton can’t penetrate the Coulomb barrier in a Ni-H lattice but if it could, could helium be produced in the following reaction?

    H(1) + Ni(61) > Co(58) + He(4) 0.489 MeV

    H(1) + Ni(62) > Co(59) + He(4) 0.345 MeV

    H(1) + Ni(64) > Co(61) + He(4) 0.663 MeV

    1. PS In Pd-H systems, could helium be produced in the following reactions?

      H(1) + Pd(102) > Rh(99) + He(4) 2.51 MeV

      H(1) + Pd(104) > Rh(101) + He(4) 2.88 MeV

      H(1) + Pd(105) > Rh(102) + He(4) 3.23 MeV

      H(1) + Pd(106) > Rh(103) + He(4) 2.98 MeV

      H(1) + Pd(108) > Rh(105) + He(4) 3.19 MeV

      H(1) + Pd(110) > Rh(107) + He(4) 3.381 MeV

  5. The significance of the patent application is that it contains examples with ‘real’ test data obtained in December 2006. And unlike EEStor’s patent, which purported to contain test data which is almost certainly impossible (packing density, lack of heteroskedasticity, quantity of purified material required), these results have apparently been independently verified by Prof. Williams of UC Berkeley and presented at APS 2010.

  6. Looks like these guys could become leaders. And there is new politically compelling reason to demand fast tracking LENR development:

    This letter from Senator Wyden has started an uprising on the US West Coast – if Fukishima pool #4 collapses – it is a massive disaster.

    Fukishima may be the single most “compelling” political reason to fast track LENR in the USA. The days of centralized nuke power are over. Distributed, clean, non-polluting LENR power is the BEST low cost alternative at the moment. NASA Langley, Glenn RC, Marshall Flight Center think so. As do Navy and DOD scientists. Senator Wyden may become one of its first champions.

  7. From Vortex1 with thanks
    Jed Rothwell
    Thu, 26 Apr 2012 15:42:16 -0700
    I uploaded 3 new papers including PowerPoint slides from Dmitriyeva that
    people here have been talking about. See:
    The document from Fleischmann & Miles is edited by Pam Boss. It includes a
    number of manuscripts and letters. There is a long tale of woe starting on
    p. 239, with a series of letters between Miles and An Editor at a Major Journal.
    Pam sent me another document, 258 pages long, which I am still working on:
    Fleischmann, M., et al., *Experimental Evidence of Nuclear Reactions
    Generated in a Polarized Pd/D Lattice*. 2012,
    It includes a number of unpublished papers from the Navy. It also has a
    manuscript from Fleischmann “Background to Cold Fusion” with hand written
    notes. We have the finished paper here:
    Below is the table of contents for “*Experimental Evidence . . .*” (The
    upcoming document.) Several of these papers are already on file. Some of
    the ones in this collection are in manuscript format, which will be
    interesting for historians. There are several authors, who are not listed
    in this T.O.C. for some reason. The last paper is by Scott Chubb.
    – Jed

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