Ex Parte MIYAGAWA et al - Page 10




              Appeal No. 2005-2750                                                                                     
              Application 09/460,221                                                                                   

                            Regarding claim 26 there is no antecedent basis for “N synthetic                           
                     optical systems”.                                                                                 
                            Regarding claim 30 the phrase “the N converging grating couplers”                          
                     lacks proper antecedent basis.                                                                    
              August 17, 1992, Office action at 2-3.                                                                   
                     Claim 21 was rejected under 35 U.S.C. § 112, ¶ 4 for failing to further limit claim               
              11, on which it depended.  Id. at 3.                                                                     
                     Finally, the examiner rejected claims 1 and 6 under 35 U.S.C. § 102(e) for                        
              anticipation by the above-mentioned Nishiuchi et al. patent, which discloses apparatus                   
              for writing to and reading from optical discs having substrates with any of a number of                  
              different thicknesses.  Referring to Figure 1, the apparatus employs, inter alia, a single               
              objective lens (8), a single laser diode (3), a single beam splitter (6), and a pair of                  
              photodetectors (14, 15).   The tracking and focusing positions of the lens are controlled                
              by a voice coil 17 responsive to a controller 16.  In order to accommodate optical discs                 
              having either of two different thicknesses, a plate actuator 11 responsive to controller 16              
              moves a transparent plate (9 in Fig. 1; 22 in Fig. 5(b)) into the light path when the                    
              thinner of the two discs is present.  Various plate configurations are shown in Figures                  
              2(a)-(d).  A disc shape detector (10 in Fig. 1) is used to detect the thickness of the                   
              optical disc.                                                                                            


                     The examiner read claims 1 and 6 on Nishiuchi as follows:                                         
                            The reference shows an optical recording and reproducing                                   
                     apparatus comprising N converging means (elements 8 and 9 of Fig. 1                               

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