Ex Parte Suzuki et al - Page 17


                Appeal No. 2007-0464                                                                                                   
                Application 09/964,874                                                                                                 
                that feature as inherently met by Kulakowski but that position is incorrect as has been discussed                      
                in connection with the rejection of claims 10-11.   As noted above, there is no basis to read the                      
                first threshold temperature in Kulakowski as the temperature of the optical disk drive measured                        
                at startup.  Neither Takasugi nor Davis, as applied by the examiner for teachings concerning                           
                resetting the laser output value of the optical disk drive, makes up for the deficiency of                             
                Kulakowski with regard to determining whether the two temperature measurements differ by                               
                more than a predetermined level.  Takasugi short-circuits power around a semiconductor laser in                        
                an optical disk drive when the output from the laser diode exceeds a predetermined level (FF.                          
                29), but the shunting is not in response to any temperature measurement (FF. 30).  Davis                               
                discloses shunting around a laser diode when the temperature of the laser diode is above or                            
                below a predetermined temperature range (FF. 28), but that is similar to Kulakowski’s                                  
                determining whether a measured temperature differs from a predetermined threshold and not the                          
                same as comparing the measured temperature to the temperature measured at startup of the disk                          
                drive.                                                                                                                 
                        Claim 13 depends from claim 12 and claim 27 depends from claim 26.  The deficiencies                           
                of the prior art as applied to claims 12 and 26 equally apply to claims 13 and 27.                                     
                                             The Obviousness Rejections of Claim 25                                                    
                                          over Otsuka and either Kulakowski or Takagi                                                  
                        Claim 25 depends from claim 24 and further requires determining whether the difference                         
                between the most recently measured temperature and the measured temperature “immediately                               
                preceding” the most recently measured temperature exceeds a predetermined level, and resetting                         
                the focus offset or the tracking offset when that condition has been met.  According to the                            
                examiner, the difference between Otsuka and the subject matter of claim 25 is that Otsuka does                         



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