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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