First of all we need to start with the broadest claim, the entire invention and what it is, and including all subject matter, after all, the broadest claim in essence is actually the backbone of the invention where all the rest of the claims are written upon.
We will have to now decide which elements within the present invention are essential, and they are as follows.
The Mainframe Structure, the Primary Wheel, the hydraulically operated Variable Diameter Inverted Twin Sheave Assembly, the Fluid Drive System, the Actuating Mechanisms, and the Variable Diameter Secondary Wheels. Present within the invention in it's current embodiments are also the Drive Wheel, the Load Wheel, and the Electrical Generating and Storage System.
The Independent Claim, should read like this for the present invention Manmotor.
I claim :
1. A human powered motor, comprising :
Clarification : I claim : Only appears once in the Patent Application and it is placed at the heading of "the set" of claims written upon within the application text of the invention. Next is 1. A human powered motor, This is the name of the art associated with the inventive subject matter of the present invention, and in other words the invention "what it really is". Next to it after the comma is called the transition into the the body of the claim ,comprising : and after the transition there is a colon placed.
I claim :
1. A human powered motor, comprising : (a) a mainframe structure ; (b) a primary wheel supported thereon by said mainframe structure ; (c) two subframe structures pivotally supported thereon the said mainframe; (d) two secondary wheels supported thereon the two respective subframe structures ; (e) a linear actuator pivotally connecting to and between said subframe and mainframe structures ; (f) a drive wheel connected flexibly to one said secondary wheel; (g) a load wheel connected flexibly to the other said secondary wheel; (h) a twin sheave wheel acted upon by fluid flow connected flexibly to both secondary wheels ; and (i) a hydraulic system attached thereto the primary wheel for supplying fluid flow into said twin sheave wheel.
Clarification : After the colon in the transition comprising : the body of the claim contains the subject matter in it's most broadest sense. (a) through (i) are the body of the first independent claim of the present invention and that the scope of the claim is generally determined by the elements recited in it's body. The scope of the invention is critical to mentally view and to understand clearly, and that all subject matter is viewed forward and backwards for you to clearly understand as to "what" the scope of your invention is. As an inventor I am thinking backwards now in time, like in the really old days, I believe they used animals walking around in a circle getting food in trade for walking and producing tangible work effort. So I guess the present invention is no different with the exception of time and materials. The time is now and the materials aren't wood and leather for bearings. Now in the future I see that many people will chose and operate the giant Manmotors of the future that allow a thousand people to power one Manmotor. People generating their own electrical power, reducing the usage of fossil fuel. So the scope of this invention Manmotor, includes everything made in the past pertaining to this art form of Human Powered apparatus and or projected to be made twenty years into the future, and you the inventor need to invent subject matter within those two boundries in time, and also those apparatus and machines either built in the past, or projected to be used in the future, must be designed and then refined, conceptualized and then brought to life in prototype form and further refined and reduced to practice, and hopefully after you have refined your prototype and reduced your invention to practice, the product will be profitable throughout the lifespan of any patent that may issue for your invention.
The scope of a claim should be viewed in a simular way and visa versa as the claim sets the scope of the inventive subject matter in an invention.
What I would like to express firmly is that this text is only to assist you in drafting preliminary claims, later to be handed to your patent attorney, the attorney will really respect the fact you have taken time to understand what information he or she needs to efficiently write your patent Provisional, or Patent Application.
After the inventor of a new and usefull invention gets the letter of allowance of certain claims and limitations on those claims from the USPTO after their review a year or so later of the Patent Application, it then becomes critical as to exactly how you wrote your claims. My advice is to seek out a patent attorney and review their perfomance record in the form of a search on the USPTO website. Don't be the someone that has written a claim and it was allowed, but worth nothing in return, a patent attorney is needed but charges by the hour usually. Now when your writing the provisional if you write it really good you can send it in yourself and then be able to mark patent pending on your product invention. I have never done this is thirty years of inventing, but I am sure I could have. I have written many provisional patent drafts and for many people that have eventually ended up with a U.S. patent for their invention and I have had several of my own that the attorney sent it in as is, but the point is I would never, if I had a choice send in my own paperwork. Several reasons for this, let's say your actual invention turns out to be an instant success, there will surely and inevitably be a patent attorney involved at a later time anyway and you will sleep alot better knowing it was professionally executed for your future protection in upholding the rights you will have, after your Invention is allowed a U.S. Patent.
In the past thirty years of inventing and with all the experience I have at inventing and writing Patent Application rough drafts, I find that writing the actual claims of an invention as actually the most difficult and mentally taxing part of the Patent Application Draft. This is always difficult and don't feel bad if this is hard to grasp for right now, just do the best you can. I am going to recite some elementary rules of claim drafting directly from the book by John R. Flanagan , HOW TO PREPARE PATENT APPLICATIONS .
Rule One :The scope of a claim is generally determined by the elements recited in its body and not by the general definition of its preamble. Note : The preamble in the present invention Claim 1. A human powered motor, and that the body of the claim 1. constitutes (a) through (i).
Rule Two : The principal elements of a claim must be set forth or introduced positively or directly. Note : The principal elements of the broadest claim (a) through (i) in the present invention are all introduced directly and in an example (a) a mainframe structure ; in the body of the claim must always end with a semi colon. and a mainframe structure directly introduces a primary element in this claim. This is important to remember because you cannot indirectly recite a principal element within the body of a claim prior to directly introducing it. Then within the body of claim 1. in subparagraph (b) you can see that we now introduce directly a primary wheel and then indirectly recite and refer back to the mainframe structure, indirectly.
Quote referring to Rule Two " This rule requires that an antecedent basis be established in the claim for each principal element later recited indirectly. Each principal element must be directly introduced or set forth in a claim before it can be referred to with respect to other elements."
Rule Three : Antecedents may be set forth in the preamble of the claim.
Claim one, the broadest claim includes every object of inventive subject matter found within the invention intended to be claimed "as the invention" in whole.