Appeal No. 2007-0464
Application 09/964,874
temperatures has exceeded the predetermined level, resetting the focus offset value or the
tracking offset value.
The examiner acknowledges that Kulakowski does not disclose setting or resetting of a
focus offset, but asserts that both Tsutsui and Tsuchimochi disclose the “ability of
correction/compensating for focus offset during temperature variations” (Answer, Page 5, Lines
8-11). The examiner concludes that it would have been obvious to one with ordinary skill in the
art to apply Tsutsui’s or Tsuchimochi’s alleged offset compensation for temperature variation in
Kulakowski’s disk drive, but provides no detail as to how the temperature compensation for
offset adjustment allegedly disclosed by Tsutsui and Tsuchimochi should or would take place in
Kulakowski to arrive at the claimed invention.
In the Examiner’s Answer on page 8, it is indicated that the examiner regards as
inherently present in Kulakowski’s disclosure the claim features of (1) determining means for
determining whether or not a difference between the temperature measured by the second
temperature measurement means and the temperature measured by the first temperature
measurement means has exceeded a predetermined level; and (2) resetting means for resetting
the focus offset value and/or the tracking offset value set by the setting means when the
determining means determines that the difference has exceeded the predetermined level. Both
findings of inherency are incorrect. Kulakowski discloses only measuring the temperature to see
if it exceeeds a first threshold and also if it exceeds a second threshold (FF. 20 and 21). And
Kulakowski does not disclose changing or adjusting the focus or tracking offset at any time,
certainly not in response to any temperature measurement (FF. 22). The examiner has not
pointed to any portion of Kulakowski as implicitly and necessarily disclosing resetting of the
focus or tracking offset, much less such resetting when the difference in the first and second
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