Ex Parte Yamazaki et alDownload PDFPatent Trial and Appeal BoardOct 26, 201210922130 (P.T.A.B. Oct. 26, 2012) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte MASAO YAMAZAKI, MASAO TAKAHASHI, YASUHIRO HIKITA, JUNICHI NATSUME, TOSHIMITSU SHIBA, TAKASHI KIKUCHI, TATSUHIRO TERADA, and TAKASHI SHIMURA ____________ Appeal 2010-010185 Application 10/922,130 Technology Center 3600 ____________ Before LINDA E. HORNER, PATRICK R. SCANLON, and BRADFORD E. KILE, Administrative Patent Judges. HORNER, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Masao Yamazaki et al. (Appellants) seek our review under 35 U.S.C. § 134 of the Examiner’s decision rejecting claims 1-6, 9, and 11 under 35 U.S.C. § 103(a) as being unpatentable over Hahn (US 5,009,522; iss. Appeal 2010-010185 Application 10/922,130 2 Apr. 23, 1991) and Vicars (US 2003/0206671 A1; pub. Nov. 6, 2003). The Examiner has allowed claims 7, 8, and 10. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. THE INVENTION Appellants’ claimed invention relates to “a sliding bearing in which one of split bearing halves is formed with an oil groove disposed along its sliding surface which allows a lubricating oil to flow therethrough. Substitute Spec. 1. Claim 1, reproduced below, is the sole independent claim and is representative of the subject matter on appeal. 1. A sliding bearing, comprising: a first split bearing half having a sliding surface including an oil groove for channeling a lubricating oil in a circumferential direction within the oil groove; and a second split bearing half, the first and second split bearing halves including crush reliefs at a junction area along the sliding surface between the first and second split bearing halves, the crush reliefs forming a cut extending throughout the lengths of the first and second bearing halves and having at least one straight side surface extending from the junction area between the first and second split bearing halves to the sliding surface for allowing both split bearing halves to deform radially inward, wherein the oil groove is formed over the entire circumferential extent of the first split bearing half, the oil groove extending through the crush reliefs to be open to the junction area between the split bearing halves and having a bottom which is formed so that a portion disposed toward the junction area as considered in the circumferential direction of the crush relief is located closer to the center position of the Appeal 2010-010185 Application 10/922,130 3 sliding surface as compared with a central portion thereof, thus reducing the channel area of the oil groove toward the junction area. ISSUE The issue presented by this appeal is whether the Examiner articulated adequate reasoning based on rational underpinnings to explain why one of ordinary skill in the art would have been led to modify an oil groove of a sliding bearing of Hahn, in light of the teaching of Vicars, so that the oil groove is formed over an entire circumferential extent of a first split bearing half and extends through a crush relief to be open to a junction area between split bearing halves. ANALYSIS The Examiner determined that Hahn discloses a sliding bearing having an oil groove (44) but does not disclose that the oil groove is formed over an entire circumferential extent of a split bearing half (20) and extends through a crush relief (36) to be open to a junction area (42). Ans. 3-4. The Examiner determined that it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the oil groove of Hahn to extend over an entire circumferential extent of the split bearing half and extend through the crush relief to be open to the junction area, based on the teaching in Vicars that providing an oil groove open to a junction area ensures that two lubricant reservoirs created by beveled areas on either end of a split bearing half are provided with similar quantities of lubricant under similar pressure. Ans. 4 (citing Vicars, para. [0026]). Appeal 2010-010185 Application 10/922,130 4 Hahn discloses that prior art journal bearings used in internal combustion engines typically comprise a pair of semicircular inserts or bearing shells having recesses formed at a split line between the two inserts or shells, and a lubricant supply groove formed in the upper insert or shell which extends along the entire inner circumference of the upper insert or shell “resulting in a substantial flow path of lubricant to the split line and a correspondingly substantial oil pressure penalty which affects the engine’s entire lubricating system.” Hahn, col. 1, ll. 12-39. Hahn proposes to solve the “oil pressure penalty” problem by centering the lubricant supply groove on an axis eccentric from the central axis of the bearing so that the groove tapers from a point of maximum depth at the center of the upper bearing shell to terminate within an eccentric end portion of the shell that lies intermediate the ends of a concentric central portion of the shell and the ends of the shell.1 Hahn, col. 1, l. 64 – col. 2, l. 4. Hahn discloses that this configuration of the bearing shell and groove forms lubricant metering orifices that “control the flow of lubricant from the groove to the split line thereby reducing the pressure loss within the oil gallery of the engine.” Hahn, col. 2, ll. 4-9. Hahn discloses that the result of its configuration is “a reduction in oil pressure loss normally associated with journal bearings having lubricant supply grooves which extend to the split line, providing an 1 The bearing surface 30 of bearing shell 20 is divided circumferentially into a concentric central portion 32 and a pair of eccentric end portions 36, which extend the entire axial length of the bearing shell 20 to provide a radial relief at the split line 24. Hahn, col. 2, l. 54 – col. 3, l. 2; figs. 4, 5. Appeal 2010-010185 Application 10/922,130 5 increase in efficiency since less engine power is required to maintain oil pressure.” Hahn, col. 3, ll. 25-29. Appellants argue that the Examiner’s proposed modification to extend Hahn’s oil groove to the junction area would destroy Hahn’s purpose of providing lubricant metering orifices at the termination of the groove within the eccentric end portions in order to control lubricant flow to reduce pressure loss. App. Br. 5-6. The Examiner determined that the proposed modification would not destroy the operation of the Hahn bearing because Hahn states that it is possible to vary the distance the groove extends in the bearing clearance created by the eccentric end portions so as to control the rate of lubricant flow through the bearing. Ans. 6 (citing Hahn, col. 4, ll. 2- 11). See also Hahn, col. 3, ll. 33-37 (“A principle advantage of the present invention is the ability to tailor the lubricant flow rate through the bearing 18 by varying the eccentricity of axis 46 to change the groove termination point and, consequently, the size of metering orifices 48.”). We do not understand the teaching in Hahn to vary the termination point so as to control the lubricant flow rate as a teaching or suggestion to extend the groove termination point all the way to split line, i.e., to the junction area and over the entire extent of the circumference of the bearing half. To do so would result in the oil pressure loss problem that Hahn is designed to avoid. Thus, the Examiner’s proposed modification to extend the lubricant supply groove 44 of Hahn to the junction area is not based on rational underpinnings. Accordingly, we reverse the Examiner’s rejection of Appeal 2010-010185 Application 10/922,130 6 independent claim 1, and claims 2-6, 9, and 11 depending therefrom, as being unpatentable under 35 U.S.C. § 103(a) over Hahn and Vicars. CONCLUSION The Examiner did not articulate adequate reasoning based on rational underpinnings to explain why one of ordinary skill in the art would have been led to modify the oil groove of the sliding bearing of Hahn, in light of the teaching of Vicars, so that the oil groove is formed over the entire circumferential extent of the first split bearing half and extends through the crush relief to be open to the junction area between the split bearing halves. DECISION We REVERSE the decision of the Examiner to reject claims 1-6, 9, and 11. REVERSED hh Copy with citationCopy as parenthetical citation