Ex Parte Suzuki et al - Page 15

                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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