Rossi USPTO patent progress.

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chrismb
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Rossi USPTO patent progress.

Postby chrismb » Thu Apr 14, 2011 10:31 am

As I keep an eye on such things, and this one looks like it's gonna be a bit of a laugh, I'll use this thread to keep y'all notified.

So Rossi's patent got published on 13th January '11. The main claim was;
"A method for carrying out an hexothermal reaction of nickel and hydrogen, characterized in that said method comprises the steps of providing a metal tube, introducing into said metal tube a nanometric particle nickel powder and injecting into said metal tube a hydrogen gas having a temperature much greater than 150.degree. C. and a pressure much greater than 2 bars."

chrismb
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Postby chrismb » Thu Apr 14, 2011 10:32 am

This has now undergone pre-exam and has been allocated to the following Class/Subclass for examination;

CLASS 126 STOVES AND FURNACES:
This class includes, generally, apparatus for the application of heat. It comprises cooking and heating stoves, hot-air furnaces, and accessories; hot-air radiators and heating drums; open liquid heaters, steaming apparatus, dampers, fireplaces, and stovepipes.

SUBCLASS 263.01 Chemical:
This subclass is indented under the unnumbered subclass, HEATERS. Subject matter comprising an apparatus for applying heat resulting from a first substance being brought into contact with a second substance, thereby, generates a chemical reaction which produces heat without producing a flame.

KitemanSA
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Postby KitemanSA » Thu Apr 14, 2011 12:17 pm

I wonder if his agent will object to the "subclassification". :)

Maui
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Postby Maui » Thu Apr 14, 2011 1:01 pm

I would guess if by some chance this isn't a scam that he won't care how it gets classified. In fact, might the patent have a better chance of survival if the issue of whether its creating fusion is ignored?

Giorgio
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Re: Rossi USPTO patent progress.

Postby Giorgio » Thu Apr 14, 2011 1:10 pm

chrismb wrote:So Rossi's patent got published on 13th January '11.


What is the average lead time for patent review now?

KitemanSA
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Postby KitemanSA » Thu Apr 14, 2011 4:58 pm

Some, a couple of months, others, YEARS!. All depends on the classification :)

chrismb
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Postby chrismb » Thu Apr 14, 2011 5:16 pm

Indeed this is so. If it is 'an energy' patent, then they are given an accelerated examination, with an aim of 3 months. Otherwise, could be years. It doesn't really matter - providing it is a solid patent with a proper disclosure then you should have nothing to fear from the examination being delayed because the protection for what is claimed is retrospective to the application date. I've got one which was filed in the US that didn't come up for, even, first office action [examination] for over 2 years.

Nik
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Well...

Postby Nik » Thu Apr 14, 2011 5:30 pm

If he can patent it as a heat source, he's laughing...

Going back later when he's figured out *why* it works would be a lot easier.

D'uh, assuming there's a bona-fide process, of course, of course...

Giorgio
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Postby Giorgio » Thu Apr 14, 2011 5:35 pm

chrismb wrote:Indeed this is so. If it is 'an energy' patent, then they are given an accelerated examination, with an aim of 3 months.


Does this mean that in a couple of month he could get the first feedback from the examiner?

AcesHigh
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Postby AcesHigh » Thu Apr 14, 2011 7:28 pm

ok, so it was classified as stoves and furnaces and as a chemical process.

Lets suppose Rossi is right, and soon we have hundreds of LERN powerplants in the world, lets suppose we really understand the process and it really turns out to be cold fusion.

so what happens? Does the patent office reclassifies the patent?? Or will it stay wrongly classified even after its proven to be another thing and the inventor wins a Nobel?

chrismb
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Postby chrismb » Thu Apr 14, 2011 8:03 pm

Giorgio wrote:Does this mean that in a couple of month he could get the first feedback from the examiner?
I don't think it'll get a look-in, in that category. Someone needs to contact the examiners and ask for it to be re-classified into an expedited energy category, if they want a quick examination. I believe it is also possible to request a fast-track examination if it has already been examined under another patent jurisdiction that the USPTO recognises, but I'm not really sure on what is involved in that and, besides, no other patent office has dealt with it yet anyway.

The classifications that applications are put in, to start with, are done by a sub-contractor looking through the patent applications and making their best judgments. Once the 'Art Group' to which that category is assigned gets to see the patent, they may pass it around the other groups to see if they can pass it on to a more suitable specialist examination group, but as it is already in that category, that won't happen for a long time yet, without extra interventions by the applicant/attorney.

chrismb
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Postby chrismb » Thu Apr 14, 2011 8:09 pm

AcesHigh wrote:ok, so it was classified as stoves and furnaces and as a chemical process.

Lets suppose Rossi is right, and soon we have hundreds of LERN powerplants in the world, lets suppose we really understand the process and it really turns out to be cold fusion.

so what happens? Does the patent office reclassifies the patent?? Or will it stay wrongly classified even after its proven to be another thing and the inventor wins a Nobel?
I think you are jumping the gun there. Even if it does work, it doesn't mean he'll get a patent if he can't explain how it is 'enabled', viz. he properly explains to everyone else in the world how to repeat it.

I don't think it'll make a difference in the classification even if a patent is initially accepted as being 'chemical' but then later proves to be 'nuclear'. But this is belying an immediate problem with the patent application where Rossi claims 'nuclear' - it's already destined for a pile of hassle to which we can all be amused spectators. It's gonna be like watching a demotion derby between a tank and a car... the outcome is inevitable, but watching it happen is compulsive!

KitemanSA
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Postby KitemanSA » Fri Apr 15, 2011 12:26 am

Giorgio wrote:
chrismb wrote:Indeed this is so. If it is 'an energy' patent, then they are given an accelerated examination, with an aim of 3 months.


Does this mean that in a couple of month he could get the first feedback from the examiner?
My first patent was DONE in about 4 months. My second took more like a year and a half.

Giorgio
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Postby Giorgio » Fri Apr 15, 2011 7:17 am

I am wondering if he will use a delay in the patent process as an excuse to postpone the October test or if he will make the test public in any case.

His choices might give us a clear answer even before we actually get to check the test results.

ddanimal
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Rossi patent

Postby ddanimal » Mon Apr 18, 2011 4:24 pm

The patent is crap.

I am a patent agent with 12 years experience. I read the Rossi/Focardi patent and I say its garbage-its poorly written, poorly enabled and claims are a mess.


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