DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Principally, the claims are directed toward a perpetual motion machine in that claims 1 and 2 require “wherein the chamber arrangement enclosure is configured to store antimatter therein using magnetic and/or electrostatic fields; wherein the antimatter in the chamber arrangement enclosure is configured to cause rotation of the flywheel assembly, said rotation providing a driving force to the flywheel assembly for generation of power via a turbine connected thereto; wherein a weight of the matter in the flywheel assembly corresponds to a negative weight of the antimatter in the chamber arrangement enclosure.” Additionally, Applicant’s disclosure states that “no external supply of energy is provided to the flywheel assembly for maintaining its rotation (Specification, Page 4, Line 31-Page 5, Line 1).” The principle of the claimed system implies also that no antimatter is consumed, since it is trapped in the ring- shaped chamber. The antimatter can therefore also not be seen as a source of energy. In other words, the system generates mechanical energy out of nothing. This is contrary to the law of conservation of energy and to the first law of thermodynamics. Applicant states also that "modern physics research has identified that a force of gravitational attraction between two positive masses; however, when one of the two positive masses is replaced by a corresponding antimatter mass, the antimatter mass experiences a repulsion between matter and antimatter," and that "the strength of this repulsive gravitational force has been found to be much stronger than Newtonian gravity" (Specification, Page 4, Line 18-27). Experimental evidence does not support that there is any gravitational difference between matter and antimatter (see Matter and antimatter respond to gravity in the same way, study finds). Since no difference in gravity exists, there is no repulsive force provided by simply having a mass of antimatter. Since there is no difference in gravity, the system does not provide repulsion/rotation of the flywheel, and the calculations found in the specification for the amount of antimatter required are not correct. Both matter and antimatter have the same mass (see page 6 of NASA Antimatter Propulsion) therefore antimatter cannot have negative mass as described in the specification and utilized as the basis for calculations. Further, in opposition to the disclosure, mainstream physics current understanding is that matter and antimatter interact with gravity in the same way (see Johnston “Antimatter and matter respond to gravity in the same way, experiment reveals”)
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the disclosed invention is inoperative and therefore lacks utility. As set forth above, matter and antimatter have the same mass and gravity and therefore, the basis for the theoretical calculations critical to the operability of the claimed invention do not work. Therefore, the invention is inoperative and lacks utility. There is no experimental evidence to support the claimed invention of massless propulsion utilizing the theoretical differences in the mass and gravity of matter and antimatter.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention lacks patentable utility. Since the claimed invention is inoperative, the invention also lacks patentable utility. The invention has no other purpose than power generation.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dedei Hammond can be reached at (571) 270-7938. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMY A LUKS/Primary Examiner, Art Unit 2837