Ex Parte Suzuki et al - Page 14


                Appeal No. 2007-0464                                                                                                   
                Application 09/964,874                                                                                                 
                the examiner’s cited support in Otsuka-English for the applicant to address or rebut if the                            
                applicant’s position is that the cited paragraphs do not disclose the setting and resetting of the                     
                tracking offset.  The applicant chose not to address the cited portions of Otsuka-English.                             
                        For the foregoing reasons, we reject the applicant’s argument that the examiner has not                        
                adequately explained the basis of the anticipation rejection of claim 24 over Otsuka.                                  
                                         The Obviousness Rejection of Claims 10 and 11                                                 
                                      over Kulakowski, and either Tsuchimochi or Tsutsui                                               
                        Kulakowski discloses an optical disk drive in which a sensor measures the operating                            
                temperature of the device and the measured temperature is compared with two threshold values                           
                (FF. 20).   Kulakowski discloses that if the measured temperature exceeds a first threshold                            
                temperature, a microprocessor adjusts the duty cycle of the disk drive by inhibiting high                              
                temperature write and erase operations, and if the measured temperature exceeds the second                             
                threshold temperature, a control circuit further inhibits read and verify operations as well                           
                (FF.21).  Kulakowski discloses that as a consequence of the inhibitions the temperature of the                         
                disk drive can be controlled to stay within a predetermined range and the system provides a way                        
                to address the heat generation problem associated with computer peripheral equipment (FF. 21).                         
                Kulakowski does not disclose changing or modifying the focus or tracking offset value of the                           
                optical disk drive at any time (FF. 22).                                                                               
                        Independent claim 10 requires measuring of the temperature at startup of the optical disk                      
                drive and measuring the temperature again sometime after startup of the optical disk drive, and                        
                determining when the difference of those two measured temperatures has exceeded a                                      
                predetermined level.  Claim 10 further requires that when the difference in the two measured                           





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