Appeal No. 2006-0386
Application 09/460,222
The reference shows an optical recording and reproducing
apparatus comprising N converging means (elements 8 and 9 of Fig. 1
and Figs 2(a)-2(d)), disc discriminating means 10, and control means 11 &
16.
With respect to the limitation of claim 6 see Fig. 1, elements 3
regarding the light source, objective lens 8, photodetectors 14 & 15,
selecting one of the aberration correcting means Figs 2(a)-2(d), disc
discriminating means 10, and control means 11 & 16.
Id. at 3-4. The remaining claims were indicated to be patentable over the prior art:
Claims 2-5, and 7-30 are objected to as being dependent upon a
rejected base claim, but would be allowable if rewritten in independent
form including all of the limitations of the base claim and any intervening
claims.
None of the cited prior art shows or teaches an optical head
apparatus comprising a plurality of heads (objective lenses) or converging
grating couplers, a light beam, photodetectors, moving means, selective
means, a disc discriminating means and a control means for generating a
control signal to the selecting means to select a grating coupler or an
optical head (objective lens) in which the occurrence of aberration of the
disc is smallest in accordance with the disc discriminating signal.
Id. at 4.
Appellants responded to the rejections with an amendment which: canceled (a)
claims 1 and 6 (b) claims 11 and 21 (dependent on claim 1), and (c) claims 16 and 26
(depended on claim 6); and rewrote claims 2, 4, 5, and 7-9 (directed to the first through
third and fifth through eighth embodiments) in independent form while also amending
claims 4 and 7 in response to the § 112, ¶ 2 criticisms of those claims. The “Remarks”
portion of the amendment read in pertinent part as follows:
The applicants acknowledge with appreciation the indication in the
outstanding Office Action that claims 2-5 and 7-30 are directed to
allowable subject matter. Only claims 1 and 6 stand rejected on art;
claims 1 and 6 are hereby canceled. In addition, claims 11 and 21,
11
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