Appeal No. 2007-0464
Application 09/964,874
temperature measurements exceeds a predetermined level. Although there is an explanation on
page 8 of the Examiner’s Answer to the effect that the examiner interprets the first threshold
temperature in Kulakowski as a temperature measured at startup of the disk drive, i.e., the first
temperature measurement required by applicant’s claim 10, no basis has been identified for that
interpretation. We do not find that either the first threshold temperature or the second threshold
temperature in Kulakowski is disclosed as a temperature measured in Kulakowski at startup of
the disk drive.
Neither Tsutsui nor Tsuchimochi, as applied by the examiner for teachings concerning
resetting the focus or tracking offset, makes up for the deficiency of Kulakowski as discussed
above. In particular, Tsutsui does not disclose any measuring of the temperature of the disk
drive (FF. 25). Tsuchimochi’s disclosure about measuring the temperature to see if it is
considered low or high is no more applicable to the claimed invention than Kulakowski’s
disclosure about comparing the measured temperature with a first and a second threshold.
Claim 11 depends from claim 10 and thus includes all the features of claim 10. The
deficiencies of the prior art as applied to claim 10 equally apply to claim 11.
The Obviousness Rejection of Claims 12-13 and 26-27
over Kulakowski, and either Takasugi or Davis
Claims 12-13 and 26-27 are directed to the setting at startup and subsequent resetting of
the laser output value of an optical disk drive, in contrast with claims 10-11 which are directed to
the setting and resetting of a focus offset or a tracking offset of the optical disk drive.
Like claim 10, independent claims 12 and 26 each requires determining whether a
measured temperature of the optical disk drive after startup differs from a measured temperature
of the optical disk drive at startup by more than a predetermined level. The examiner regards
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