Ex parte Arataki et al.

Board of Patent Appeals and Interferences

Jun 27, 2000

08117997 (B.P.A.I. Jun. 27, 2000)

1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 23
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte YUJI ARATAKI
and TETSUJI NAKAZAWA
_____________
Appeal No. 1997-1323
Application No. 08/117,997
______________
ON BRIEF
_______________
Before THOMAS, HAIRSTON and RUGGIERO, Administrative Patent
Judges.
HAIRSTON, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims
1 through 12.
The disclosed invention relates to a method and an
apparatus for counting the number of off-track signals that
occur within a predetermined period of time in an optical disk
Appeal No. 1997-1323
Application No. 08/117,997
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apparatus.
Appeal No. 1997-1323
Application No. 08/117,997
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Claim 1 is illustrative of the claimed invention, and it
reads as follows:
1. An optical disc apparatus comprising:
an optical pick-up for irradiating a light beam onto
a disc recording medium, and recording information to said
disc recording medium;
tracking error signal generating means for generating
a tracking error signal responsive to a magnitude of a
portion of said light beam which is reflected from said
disc;
comparing means for comparing said tracking error
signal with a predetermined reference level and generating
an output signal when said tracking error signal and said
reference signal are in a predetermined condition
relative to each other;
off-track signal generating means for generating an
off- track signal the level of which is changed when said
light beam is dislocated from the track;
latch means for latching said off-track signal
responsive to the output signal from said comparing means
and outputting a latched off-track signal;
count means, coupled to receive the latched off-track
signal, for outputting a count signal indicating the
number of latched off-track signals received;
reset means for initializing said count means and
said latch means;
a decoder coupled to receive the count signal and
output a tracking-jump detection signal responsive to said
count signal being more than a predetermined value; and
control means for changing a magnitude of the light
Appeal No. 1997-1323
Application No. 08/117,997
A copy of the translation of this reference is attached.1
4
beam of said optical pick-up responsive to said tracking-
jump detection signal.
The references relied on by the examiner are:
Takasago et al. (Takasago) 4,730,290 Mar. 8,
1988
Yoshida et al. (Yoshida) 5,012,461 Apr.
30, 1991
Yamamiya et al. (Yamamiya) 63-121137 May 25,1
1988
(Japanese Patent Application)
Claims 1, 2, 4 through 6, 8, 9 and 11 stand rejected
under 35 U.S.C. § 102(b) as being anticipated by Takasago or,
in the alternative, under 35 U.S.C. § 103 as being
unpatentable over Takasago.
Claims 3 and 10 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Takasago in view of Yamamiya.
Claims 7 and 12 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Takasago in view of Yoshida.
Reference is made to the briefs and the answers for the
respective positions of the appellants and the examiner.
OPINION
All of the rejections are reversed.
Appeal No. 1997-1323
Application No. 08/117,997
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In Takasago, when a detector detects that the center of
the light spot from the laser 41 is not on the centerline of a
track on disk 1 for a predetermined time period, a tracking
error signal is generated to stop recording, and to generate
an off-track signal (column 1, lines 33 through 42). The off-
track signal is caused by shock to the apparatus (Figure 1) or
by a defect on the disk (column 1, lines 61 through 63).
Takasago recognizes that the data should be re-recorded in
another portion of the disk during such an off-track condition
(column 1, lines 42 through 54). In Takasago, the off-track
signal is analyzed
in two stages or two time periods T and T (column 3, lines 1 2
28 through 51). A tracking error in Takasago is detected by
light detector 6, and the tracking error signal from
differential amplifier 7 is applied to the + and the - inputs
of differential amplifiers/comparators 17 and 18,
respectively, where it is converted into a pulse having a
level of “1" (column 5, lines
47 through 59). In the absence of a tracking error signal,
the output from the comparators 17 and 18 is level “0" (column
5, lines 59 through 61). Thereafter, the tracking error pulse
Appeal No. 1997-1323
Application No. 08/117,997
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signal level “1" is applied to a time-width detector 24 to
check the time duration of the level “1" pulse. If the pulse
exceeds the first time period T , then laser operation is1
stopped, and if the pulse exceeds the second time period T ,2
which is longer than T , then a signal is generated indicating1
an off-track condition (Abstract; column 5, line 67 through
column 6, line 11).
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Application No. 08/117,997
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Appellants argue (Brief, page 6) that:
[W]hile Takasago teaches an apparatus which
attempts to distinguish between an off-track
condition caused by an abnormality in the disk
and an off-track condition caused by an abnormality
in the operation of the disk apparatus, it does so
by measuring the time duration of the off-track
condition. The present invention, on the other
hand, bases its decision on the number of tracks
jumped, regardless of the time duration of any
off-track condition.
We agree with appellants’ argument that the measurement
of time duration of the pulse signal “1" is not the same
as counting the number of such pulses that occur during
a predetermined time period. In summary, the 35 U.S.C.
§ 102(b)/35 U.S.C. § 103 rejections of claims 1, 2, 4 through
6, 8, 9 and 11 are reversed because Takasago neither teaches
nor would have suggested the claimed counting of off-track
pulses.
The 35 U.S.C. § 103 rejections of claims 3, 7, 10 and 12
are reversed because the teachings of Yamamiya and Yoshida do
not cure the noted shortcomings in the teachings of Takasago.
Appeal No. 1997-1323
Application No. 08/117,997
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DECISION
The decision of the examiner rejecting claims 1, 2,
4 through 6, 8, 9 and 11 under 35 U.S.C. § 102(b) is reversed,
and the decision of the examiner rejecting claims 1 through
12 under 35 U.S.C. § 103 is reversed.
REVERSED
)
JAMES D. THOMAS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
KENNETH W. HAIRSTON )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOSEPH F RUGGIERO )
Administrative Patent Judge )
KWH:hh
Appeal No. 1997-1323
Application No. 08/117,997
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Philip M. Shaw, Jr.
Limbach & Limbach
2001 Ferry Building
San Francisco, CA 94111-4262