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COMMISSIONER'S DECISION

 

       Obviousness: Magnetizable Fluid Bearing 

 

       Use of ferromagnetic fluid as a journal bearing, lubricant when subjected to a

       magnetic field is shown the prior art. Applicant uses ferromagnetic fluid

       in a combined journal and thrust bearing arrangement. This was found to be

       obvious. A special sealing arrangement for the fluid was held to be allowable.

       Final Action: Modified, claims 1 to 10 rejected, claims 11 and 12 allowed.

 

                              *********************

 

       This decision deals with a request for review by the Commissioner of

       Patents of the Examiner's Final Action dated March 79, 1976, on applica-

       tion 160,525 (Class 308-1.6). The application was filed on January 4,

       1973, in the name of John C. Stiles et al, and is entitled "Lubrication."

       The Patent Appeal Board conducted a Hearing on September 21, 1917, at which

       Mr. J. Nelson Landry represented the applicant.

 

       This application relates to a lubrication technique which serves as a bear-

       ing to alloy: movement of two surfaces relative to one another. A magnetizable

       fluid is used in the gap between the two surfaces and a sufficiently strong

       magnetic field is applied which allows the fluids to maintain the surfaces

       out of contact. Figure 3 of the application is illustrative of the invention:

 

                        <IMG>

 

       In the Final Action the examiner rejected the claim of this application

       for failing to define patentable subject matter over the following patent:

 

            United States

            3,439,961         April 22, 1969          Stiles

 The Stiles patent relates to a bifluid hydrodynamic bearing wherein a

 ferromagnetic fluid is used as a bearing lubricant. Means for magnetizing

 the fluid are provided by electrically energized coils. Figure 1 of Stiles

 is shown below:

 

        <IMG>

 

 Claim 1 of that patent reads as follows:

 

      A hydrodynamic bearing for a free rotor gyro, comprising an

      inner bearing element; an outer bearing element, coaxial with

      said inner bearing element and spaced therefrom to provide a

      bearing cavity; a fluid lubricant supported therebetween,

      having poor wetting characteristics; and, axially-spaced non-

      wettable means attached to said inner and said outer bearing

      elements at the ends of the bearing, cavity for trapping

      said fluid within the bearing cavity.

 

 In that action the examiner stated (in part) as follows:

 

      Applicant discloses and claims as his alleged invention the

      combination of movable elements with a magnetizable fluid in

      a constraining magnetic field as the only lubricant within a

      gap between all surfaces of the elements requiring lubrication

      (claim 1). A specific application is in the field of self-

      lubricating bearings wherein the only lubricant is a magnet-

      izable fluid as defined in claim 6. More specifically such a

      bearing may be a journal or radial bearing as defined in

      claims 10 or 12.

 

      The Stiles reference can be seen from the drawings and disclosure

      to show a combination thrust and journal bearing.  The thrust

      bearing operates as an aerodynamic bearing by using air 34

      between the relatively moving surfaces (thrust collar at end of

      shaft 16 and its associated housing, as seen on the right-hand

      side of Figure 1.)

 

      The journal or radial bearing may operate as described on column

      3 lines 24 to 46 inclusive of the disclosure from which it is

      clearly  evident that fluid 24 carrying ferromagnetic particles

      54 is the only bearing lubricant between radial bearing surfaces

42 and 36. Coils 56 produce the magnetic field to maintain the

fluid in the bearing cavity 38.

 

   Thus the hydrodynamic journal bearing acts to carry or support

radial loads while the aerodynamic thrust bearing supports axial

loads. In Stiles, the ferromagnetic fluid serves the added

function of sealing off the air 34 in the high pressure chamber

20 from leaking to the low pressure chamber.

 

With reference to the more specific form of claims such as 10

or 12 which relate to a journal bearing, as such, it is clear

that these claims read on the journal bearing of Stiles. Con-

sequently, this is also true of the broader claims 1 and 6 which

could cover either a journal bearing per se, a thrust bearing

per se or the combination thereof.

 

Applicant submits (page 2 of his latest remarks) that the entire

assembly as seen in figure 1 is a simple bearing because one

without the other would be an inoperative device.  While this

may be true under the conditions in which the Stiles device

operates, nevertheless it is held that there is no invention in the

use of only the journal bearing of Stiles without the thrust

bearing under conditions where only radial loads apply (as implied

in the reverse case, that is, the use of the only the thrust bearing

of Stiles without the journal bearing under essentially thrust

load conditions.  The elimination of any part with its correspond-

ing function, where conditions permit, is not patentable.

 

It is interesting to note that claim 3 of the Stiles patent defines

a bearing using a magnetizable fluid as the sole lubricant and the

use of a second fluid is not claimed except in claim 6, in the

form of assisting the bearing function of the hydrodynamic bearing.

It is seen that the structure of a broad claims such as 1 and 6

herein and the specific journal claims 10 and 12 would infringe

the structure recited in claim 3 of the Stiles patent.

 

   In response to the Final Action the applicant submitted an amended set

   of claims and stated (in part):

 

In the substitute claims it is to be noted that the Applicant has

restricted the scope of all claims to a combined thrust-and-journal

bearing.  Claim 1 of the enclosed claims as based on former Claim 2 and

noted that, in order to facilitate examination, numerous dependent

claims of lesser importance have not been included in the enclosed new

set of claims.

 

Since all of the amended claims submitted herewith refer to a combined

thrust-and-journal bearing, Applicant submits that they are no longer

susceptible of interpretation that they read on the applied reference,

United State Patent No. 3,439,961 (Stiles). This is so, because,

in accordance with the Examiner's interpretation, the claims were

allegedly readable on a journal bearing of this reference.  Even though

Applicant cannot share the Examiner's opinion that it is proper

to speak about a journal bearing in the Stiles patent, because there

is only a combined bearing disclosed, the restriction to a combined

thrust-and-journal bearing emphases the distinction, ~nasmuch as

the thrust portion of the combined bearing by Stiles is an aerodynamic

bearing portion.

 

   In view of the restricted scope of the claims presented here-

with, Applicant believes that the objectionable matter has

been removed, that the final objection has been overcome and

that the application is in condition for allowance.

 

The issue to be considered by the Board is whether or not the applicant

has made a patentable advance in the art over the cited references. Amend-

ed claim 1 reads as follows:

 

   A combined thrust-and-journal bearing comprising structural

elements mounted for motion of a surface of one element along

a surface of another element, with a lubricant within a gap

between the surfaces, wherein the only lubricant between all

surfaces requiring lubrication is a magnetizable fluid, the

magnetizable fluid forming it's own sealing medium by virtue

of a magnet is field which causes portions of the magnetizable

fluid to be attracted toward every opening of the gap.

 

Considering the Stiles citation we find that the concept of using a magnetizable

fluid lubricant and electromagnetic means to create a magnetic field to

maintain the fluid in position between moving surfaces is known. This patent

also shows the use of pressurized air to provide a bearing arrangement to

compensate for the thrust force. It is the applicant's contention that his

combined thrust and journal bearing, which uses only magnetizable fluid for

both functions, is a patentable advance in the art.

 

The applicant argues that the hydrodynamic bearing disclosed by Stiles as

a single bearing wherein the "so called gas bearing" acts as a thrust bearing

which is not independent of the radial magnetic fluid bearing since they both

form part of the same assembly.  Considering the force components involved in

Stiles we conclude that rotary motion of the shaft 16 would generate radial

force and an axial end load on this shaft would produce the thrust force.

These are two separate and distinct force factors, While it is desirable to

have a unitary bearing capable of overcoming both component factors it dies

not necessarily have to be one assembly. Clearly Stiles does show the use

of a magnetic fluid bearing for radial force, but it will operate in this mode

irrespective of the thrust bearing arrangement that is located in the adjacent

area.

 

Applicant's amended claims, which were submitted in response to the Final

Action, specify a combined thrust and journal bearing wherein the only lubri-

cant between all bearing surfaces requiring lubrication is a magnetizable

fluid, and wherein the magnetizable fluid forms its own sealing medium by

virtue of  a magnetic field. Stiles also seals the fluid with no contact

between the shaft and housing "by a magnetic field so that the fluid may be

maintained within the bearing cavity and not leak out from the ends."

Figure 1 of Stiles supra shows the use of magnetizable fluid for the journal

bearing area with the coils for producing the magnetic field which prevents

leakage.

 

Claim 1 of Stiles specifies "an outer bearing element coaxial with said inner

bearing element and spaced therefrom to provide a bearing cavity; a fluid

lubricant supported therebetween...." This claim covers either a journal or

radial bearing arrangement that would be used in this manner. Amended

claim 1 specifies a combined thrust and end bearing with one magnetizable

fluid which forms a sealing medium when subjected to a magnetic field. The

concept of a magnetizable fluid bearing is disclosed in Stiles. The practical

application is a difference in design or layout only. In our view no result

has been achieved which can be considered to have flowed from an inventive

step and we recommend claim 1 be refused. Claims 2 to 4 which depend on

claim 1, add the magnetic field in combination with the bearing and this

does not render these claims patentable over refused claim 1.

 

Claim 5 specifies a self lubricating combined thrust and journal bearing

wherein the only lubricant is a magnetizable fluid. We recommend that

this claim be refused as the arguments applied to claim 1 apply equally to

it. Claims 6 to 10, which depend on amended claim 5, detail the magnetic

force providing means. These claims do not define patentable subject matter

over refused claim 5.

 

Claims l1. and 12 are directed to specify sealing arrangement in conjunction

with the magnetizable fluid means which, in our opinion, is a new combination

that represents a patentable advance over the cited art. These claims

appear allowable. They must however, be submitted in proper form as

claims 1 and 2.

 

In summary, we recommend that claims 1 to 10 be refused, but that claims

11 and 12 are allowable.

 

J.F. Hughes

Assistant Chairman

Patent Appeal Board, Canada

 

I have reviewed the prosecution of this application and I concur with

the recommendation of the Patent Appeal Board.  Accordingly, I refuse to

grant a patent on claims 1 to 10. I will however, accept claims 11 and

12 when presented as claims 1 and 2. The applicant has six months within

which to make the appropriate amendment, or to appeal this decision under

the provision of Section 44 of the Patent Act.

 

J.H.A. Gariepy

Commissioner of Patents

 

Dated at Hull, Quebec

this 14th. day of October, 1977

 

Agent for Applicant

Ogilvy, Cope, Porteous, Montgomery,

Renault, Clarke & Kirkpatrick,

Suite 700, The Royal Bank Bldg.

1 Place Ville Marie

Montreal, Quebec H3B 1Z7

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