E-Cat Patent Still Unapproved in US — Examiner States Process is ‘Inoperable’

Andrea Rossi’s attempt to get a US patent approved for his E-Cat continues without so far any sign of a conclusion. Thanks to Artefact for finding the latest action via the USPTO web site, which is a “non-final rejection” of the application. Patent examiner Sean Burke provides some reasoning behind this recent rejection, basically stating that what Rossi claims is impossible.

For details, go to http://portal.uspto.gov/pair/PublicPair and use the following information:

Control Number: 12736193
Tab: Transaction History

Burke’s rejection letter can be seen at the link “non-final rejection” under the “Image File Wrapper” tab. Here are some of his statements (Thanks LENR G):

“The specification is objected to as inoperable. Specifically there is no evidence in the corpus of nuclear science to substantiate the claim that nickel will spontaneously ionize hydrogen gas and thereafter “absorb” the resulting proton…”

“There is presently no peer-reviewed evidence to demonstrate the spontaneous fusion of nickel and protons…”

“Additionally the Examiner notes that if the reaction occurred as claimed by the Applicant, it would also spontaneously occur in nature.. not be patentable subject matter,,.”

“…the specification and all claims are found to be inoperable.”

Below is the table of events concerning this patent, titled “METHOD AND APPARATUS FOR CARRYING OUT NICKEL AND HYDROGEN EXOTHERMAL REACTION”.

To have this patent awarded would be a major achievement for Rossi and Industrial Heat, but there is no indication of when that might happen, or if indeed it will. The challenge for Rossi, I think, is to provide enough information to satisfy the patent office, while retaining certain key information so as to keep his competitors from knowing all the secrets involved in the E-Cat. I don’t know if such a balancing act can be achieved. Maybe a successful third party test report will serve to persuade the patent office that the E-Cat is not pure fantasy. The rejection is not final, so maybe there is hope yet for Rossi with this application.

  • http://www.linkedin.com/pub/john-dituro/8/aa6/820 John Di Turo

    The denial of claims is a normal process. It has taken me 7 years to successfully obtain my latest patent from the US patent office when initially all my claims were denied. The speed of obtaining a patent is a direct reflection on the skill of the attorney defending it. A well written filing which avoids the pitfalls is a testament to that fact. The issue is whether or not Dr. Rossi will be forced to disclose the details of the “catalyst” (which may not be physical compound). His fear that other might improve on it and bypass him has precedence. However in doing so in his patent will allow it to have priority over all other patent filings. I wish him luck and suggest that he remain steadfast.

  • jousterusa

    One thing that keeps coming up for me as I read this and think about it is the sale of Unit #1 to the US military. Could they not have vouched for its utility to the US Patent Office? Or has it been “inoperable” for them, so that they are trying to forget they ever bought it? I’ve always wondered how a taxpayer-funded military unit could purchase a $1.5 million device in absolute secret, too. It would seem that at least one of the services, or perhaps the Joint Chiefs, would be legally bound to be responsive to an FOIA request about such a purchase, especially since it is not a Top Secret issue, as borne out by the Defense Intelligence Agency white paper and NASA interviews..

    • Omega Z

      The majority of FOIA’s use to be granted. Today the majority are declined.
      And Note: NORAD is Legally Exempt.
      And, FOIA does not apply to Area 51 as it does not exist.
      FOIA only applies if They Admit that something Exists.

      Basically, FOIA is really just an Illusion to appease the masses.
      Even a Judge can’t force disclosure.
      When pushed hard enough, you get a page with letterhead & a completely blackened(Redacted) page.

  • Omega Z

    I believe the Science AlainCo refers to is Heating Up…

  • GreenWin

    George H will find this link amusing: http://www.corrupt-uspto.org/

  • US_Citizen71

    I’m not saying that there are any natural reactors in Colorado, it just some of the hot springs at such altitude you wonder how the magma makes it so far up. Most of the mountains here are due to tectonic plates coming together and pushing up, very few were volcanically formed. We have plenty of minerals including uranium, so it is not inconceivable that a natural sluice box could create a large pocket of highly concentrated uranium and when you consider this area was once and inland sea the potential for the uranium to be in a salt form that could precipitate out in high concentration is there as well. The natural reactors at Gabon were born out of similar conditions. If they do exist in Colorado they would be under hundreds of feet of granite and not easily studied.

  • hempenearth

    The Levi report referred to an industrial trade secret waveform. (bottom of page 3)

  • Alan DeAngelis

    Before Rossi reveals all of the secrets of the E-Cat to the patent department he must have a guaranty that his patent won’t be sequestered.

    http://e-catsite.com/2012/04/20/lanr-by-coulomb-explosion/

  • Obvious

    Don’t start me on homeopathic talk. I might remember that water has been a lot of places that you might not want it to remember it being at…

    Good thought above though. Since Rossi experimented with hydrocarbon production once upon a time, might not carbon be the possible catalyst?

  • psi2u2

    Very interesting post, Bachcole.

  • Alan DeAngelis

    Apparently not being able to do what nature can do makes it novel and patentable.

  • http://www.lenrnews.eu/lenr-summary-for-policy-makers/ AlainCo

    not about health.
    health debate for better and worse is quite balanced with many outspoken dissenters.

    find where dissenters are evil. evil is sign of religion.

  • Fortyniner

    Each of Burke’s ‘reasons’ for rejection is very weak on its own, so he feels compelled to supply three of them in order to justify his decision. ‘Overkill’ is very often an attempt to disguise an agenda as due process.

    Unfortunately though, I would have to agree that the application as it stands probably doesn’t merit granting, simply because insufficient information is provided to allow replication. Rossi/IH should just abandon this attempt to get patent protection, for all the reasons previously discussed on this forum – at least until such time that an openly working reactor can be demonstrated.

  • Kwhilborn

    Yes. I promise not to open mine up and mass produce them for a few dollars each. The ecat is basically a sealed tube with the right stuff inside as we saw early on. A dollar store flashlight is far more intricate.

    I pinky swear I won’t.

  • Kwhilborn

    He did get Italian Patent only I believe.

  • US_Citizen71

    Interesting article! I have often wondered if natural reactors might explain some of the hot springs seen throughout Colorado. We haven’t had an active volcano in millions of years here, but have many hot springs at altitudes of greater than 8000 ft. We have plenty of naturally occurring uranium as well.

  • GreenWin

    No. He does not need a US patent. Trade Secret law is more universal. And the commercialization process cannot be rushed at the cost of safety issues. Each day LENR gets better and the potential market grows.

  • GreenWin

    MIT’s Dr. Eugene Mallove on scientific fraud and denial of cold fusion patents.

    “American citizens are being denied their constitutional rights… There is serious criminal activity that must be rooted out if the cold fusion revolution [is to have]… a commercial infrastructure.”

    http://www.youtube.com/watch?v=6y98YwJ2GEE

    • Kwhilborn

      Maybe instead of replication such as with MFMP, a lawsuit against Patent Office would draw public attentions.

      • bachcole

        I like it.

  • http://www.lenrnews.eu/lenr-summary-for-policy-makers/ AlainCo

    Cold Fusion/LENR don’t need the government help.
    it is a cost effective technology.
    it need the government protect business freedom, investment freedom, remove irrational obstacle.
    at most it can propose a sovereign insurance against blackswan catastrophes… like on nuclear or waterfall energy. not even sure it is required if we forbid big LENR reactors.

    i am only afrad and nearly sure that government will try to block natural LENR gold rush, the collapse of renewable, energies, of the grid, of nuke, or oil, of gas, of shales and ofshore industry, or arab oils, of venezuella oil (maybe not), of british and norway oil, of african oil…
    just to protect incumbent interests, as usual.

    • GreenWin

      This is the source of a colossal battle right now. In the USA, the fossil/fission utilities are losing – badly. Distributed energy resources, led by rooftop solar and micro-CHP are causing utilities value to collapse. The coal, oil industries have not been able to stop this. Simultaneously, Tesla, Chevy Volt, Nissan Leaf, Prius, and other EV car makers confirm transport fuels are transitioning to electric.

    • Kwhilborn

      The Government can be trusted. Just ask any Indian.

  • US_Citizen71

    If it is not a physical substance, I believe you are correct in your speculation.

    • Omega Z

      Magnetic field, waves or whatever are important, But
      The secret Catalyst is a physical substance…

      Rossi once stated that they do not recharge the E-cat every 6 months do to exhausting the nickle or hydrogen, But because the Catalyst is exhausted at that time.

  • Bernie777

    IH is not going to get a US patent until they reveal how it works, as Elan Musk has said, “you think I am stupid, a patent, so China can steal it.”

  • BroKeeper

    It’s as mysterious as a fat goose flying.

  • MMK
    • BroKeeper

      Very good investigation MMK. This exposes the raw core of human nature: preserve the self at the cost of others. This affirms LENR/Cold Fusion is well understood in the energy industry sectors and likely with their vast resources, money and power influence the media and government agencies (perhaps USPTO) that could free the rest of society.
      These articles should be archived and released to all to see when this new energy benefits are finally realized. There should and will be a time when these sins are proclaimed on the housetop.

  • Kwhilborn

    I think Rossi started his JONP website because everything in this field is rejected by magazines like NATURE (Where we want to see LENR).

    His website is supposed to be Peer Reviewed, but we know its reputation is less than 1% the stature of Nature Magazine in this regard.

    Who owns Nature Magazine? It would be funny if Big Oil was on the list of shareholders. They could stop clean Energy Tech simply by ignoring any relevant science..

    With dozens of companies in the LENR race, plus endorsements from NASA, I am sure governments are fully aware of LENR. It is a disruptive technology for a reason though and I think markets need to prepare for it. I dislike the delays also, but I feel public knowledge will come within 5 years.

    • http://www.lenrnews.eu/lenr-summary-for-policy-makers/ AlainCo

      I have report that a small network of influential but shy decision makers (like big CTO) are aware and quietly trying to prepare the landing.

      It is hard for naive people like us to imagine the violence that Physicist can show against even big corps CTO and governmental experts if they were caught having some “relationship” with LENR.

      as shown in the titanic article of jed rothwell, and on latest talk of Nathan lewis supporting is proven lies, there is no limit to the physicist capacity to lie and do evil against dissenters. I only know one other scientific domain with such a human ego and toxicity.

      both are sure science is settled. that is the only problem. i don’t even think hot fusion and the billions are important. Physics is a religion, not a science.
      The other scientific domain which show similar violence against dissenters is also a religion.

      Find the religion, and you will find the spanish inquisition.

      • Kwhilborn

        Yes. I find it hard to believe NASA Chief of Research at Langley Dennis Bushnell could be heralding LENR and obviously getting NASA Support/Funding/boeing project without Obama and white house staff in the know.

        I agree some attempts to ignore LENR are to help ease it in.

        • http://www.lenrnews.eu/lenr-summary-for-policy-makers/ AlainCo

          of course the politicians are not aware, and the administration hid it to the dumb decisions makers.
          moreover the decision makers with time took the good decision to lest some agency free about some budget because they know tat good things happen from the unexpected.
          this is why in academies there are tenure, in corps there are senior fellow.

          those guys are free to do what they decide, provided they stay in the budget.
          This is also way today most dissenters are protected that way, and not slaves of publication count or funding commission.
          The sad point is that there is less and less new tenure/senior fellow, so that those free mind are old minds, and more and more they are selected because they are not dissenters. They are even sometime selected to protect the consensus from a herd of dissenters.

          a counterexample is the skunkwork team of Lockheed Martin.