Ex Parte Rausch et alDownload PDFPatent Trial and Appeal BoardMar 8, 201814716148 (P.T.A.B. Mar. 8, 2018) Copy Citation United States Patent and Trademark Office UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O.Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/716,148 05/19/2015 Tim Rausch STB.174.A1 1024 98068 7590 Hollingsworth Davis 8000 West 78th Street Suite 450 Minneapolis, MN 55439 EXAMINER WONG, KIN C ART UNIT PAPER NUMBER 2688 NOTIFICATION DATE DELIVERY MODE 03/12/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): tdotter @ hdpatlaw. com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte TIM RAUSCH, TATSUYA SHIMIZU, WAI YEUN LAI, and KAI CHIU CHEUNG1 Appeal 2017-006120 Application 14/716,148 Technology Center 2600 Before BRADLEY W. BAUMEISTER, HUNG H. BUI, and SHARON FENICK, Administrative Patent Judges. BAUMEISTER, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s Final Rejection of claims 1—20. App. Br. 5—10.2 We have jurisdiction under 35 U.S.C. § 6(b). We reverse. 1 Appellants list Seagate Technology LLC as the real party in interest. Appeal Brief 1, filed August 18, 2016 (“App. Br.”). 2 Rather than repeat the Examiner’s positions and Appellants’ arguments in their entirety, we refer to the above-mentioned Appeal Brief, as well as the following documents, for their respective details: the Final Action mailed April 29, 2016 (“Final Act.”); the Examiner’s Answer mailed January 17, 2017 (“Ans.”); and the Reply Brief filed March 1, 2017 (“Reply Br.”). Appeal 2017-006120 Application 14/716,148 STATEMENT OF THE CASE Appellants describe the present invention as follows: A heater power of a heat-assisted magnetic recording head is set to an initial power to induce an initial head-medium clearance. For a plurality of iterations, a heater power at an optimum laser power is determined that achieve a target clearance. If differences in the heater power and optimum laser power between the two subsequent iterations are below a threshold, the iterations are stopped and the heater power and the optimum laser power for one of the two subsequent iterations is used as an operational heater power and laser power for the heat- assisted magnetic recording head. Abstract. Independent claim 1, reproduced below, illustrates the claimed invention: 1. A method comprising: setting a heater power of a heat-assisted magnetic recording head to an initial power to induce an initial head- medium clearance; for a plurality of iterations: varying a laser power of the recording head while writing data to at least one track of a recording medium at the initial head-medium clearance; determining an optimum laser power based on reading the data; applying an additional heater power to approach or cause a head-medium contact at the optimum laser power; and setting the heater power for a next iteration based on an offset from the additional heater power; wherein, if a first difference in the heater power between two subsequent iterations is below a first threshold and a second difference in the optimum laser power between the two subsequent iterations is below a second threshold, stopping the 2 Appeal 2017-006120 Application 14/716,148 iterations and using the heater power and the optimum laser power for one of the two subsequent iterations as an operational heater power and an operational laser power for the heat-assisted magnetic recording head. Claims 1, 2, 7—12, and 17—20 stand rejected under 35 U.S.C. § 102(a)(1) as anticipated by Ruan (US 8,922,929 Bl; issued Dec. 30, 2014). Final Act. 2-4. Claims 3—6 and 13—16 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Ruan and Erden (US 8,477,569 B2; issued July 2, 2013). Final Act. 5. We review the appealed rejections for error based upon the issues identified by Appellants, and in light of the arguments and evidence produced thereon. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential). FINDINGS AND CONTENTIONS The Examiner finds that Ruan’s embodiments outlined in Figures 4 and 5 disclose all of the limitations of independent claim 1, including the claimed step of varying a laser power of the recording head while writing data (Final Act. 2 (citing Ruan, col. 3,11. 62—65); see Ruan FIG. 4), as well as the claimed step of applying additional heater power to cause the head to approach or contact the medium (Final Act. 3 (citing Ruan, col. 4,11. 26—35); see Ruan FIG. 5). The Examiner also finds that Ruan teaches performing these steps iteratively until differences in heater and laser power are below respective thresholds. Final Act. (citing Ruan, col. 2,1. 35—col. 3,1. 30, col. 4,11. 47—58); Ans. 2—3 (citing Ruan, col. 5,11. 19—37). 3 Appeal 2017-006120 Application 14/716,148 Appellants argue, inter alia, that Ruan fails to show iterations that involve all of the steps set forth in the independent claims. . . Ruan fails to show an exit criteria that involves comparing either heater power or laser power between subsequent iterations. Further, Ruan describes two different procedures, one in which optimum laser power is found and another in which touchdown heater power is found for different drives. These procedures [are] performed differently from what is set forth in the claims. App. Br. 5. ANALYSIS /. We agree with Appellants (App. Br. 8) that the anticipation rejection is based on the Examiner improperly piecing together Ruan’s “two different procedures . . . without showing how those portions work together to arrive at the claimed limitations:” Ruan teaches that the procedures shown in FIGS. 4 and 5 are performed separately from one another. One procedure as in FIG. 5 is used to obtain a curve fit of [fly height actuator (FHA)] write setting, and this curve is used at block 44 of FIG. 4 to adjust the fly height setting based on the adjusted laser power. Ruan does not expressly or inherently describe this step as involving application of additional heater power to approach or cause a head-medium contact at the adjusted laser power. App. Br. 7. We disagree with the Examiner that Ruan teaches integrating the two procedures in the manner currently being claimed. Ans. 2—3 (citing Ruan, col. 5,11. 19-37). The passage of Ruan cited by the Examiner merely contains general patent-document-boilerplate assertions that the described processes can be combined in various ways. Ruan, col. 5,11. 19-21. Merely 4 Appeal 2017-006120 Application 14/716,148 stating that “[t]he [described] example task or events may be performed in serial, in parallel, or in some other manner” {id., col. 5,11. 30-32) does not constitute a sufficiently specific disclosure of all of the recited claim limitations. II. For completeness, we now address whether Ruan’s embodiment associated with Figure 4, by itself, discloses all of the limitations of independent claim 1. We find that it does not. To be sure, Ruan discloses that the fly height actuator may be constituted of “a heater that actuates through thermal expansion.” Ruan, col. 2,11. 42 43. Ruan discloses that this fly height actuator or heater may be set to an initial power and then have that heater power iteratively adjusted. Ruan, FIG. 4, steps 34, 44. Ruan’s flowchart of Figure 4 also depicts this iterative adjustment process as entailing adjusting laser power, as well as heater power. Ruan, FIG. 4, step 42. Regardless, we agree with Appellants that “[i]n [the disclosure associated with] FIG. 4, Ruan compares a quality metric to a threshold, and does not teach comparing laser powers between subsequent iterations.” App. Br. 6 (citing Ruan, FIG. 4, step 40). Ruan’s disclosure supports Appellants’ argument that the exit condition is based upon a quality metric, such as an off-track read capability, exceeding a threshold—not upon changes in laser and heater power being below respective thresholds: Data is then written to the disk (block 36) and a quality metric of the write operation is generated (block 38) such as by measuring an off-track read capability. If the quality metric indicates a poor write quality 65 (e.g., if the quality metric is less than a threshold at block 40), then the laser power is adjusted, for example, increased (block 42), and the FHA write setting is adjusted based 5 Appeal 2017-006120 Application 14/716,148 on the adjusted laser power (block 44). The flow diagram is then repeated from block 36 until the quality metric indicates a good write quality (e.g., if the quality metric is greater than the threshold at block 40). In this manner, the laser power is calibrated by evaluating the write quality at different laser power settings while maintaining a substantially constant fly height by making an appropriate adjustment to the FHA write setting as the laser power is adjusted. Ruan, col. 3,1. 65—col. 4,1. 9 (emphasis added). Furthermore, the Examiner has not asserted, much less provided sufficient technical reasoning, that a quality metric being above a threshold inherently results from, or necessarily is associated with, differences in laser and heater power being below respective thresholds. For the foregoing reasons, Appellants have persuaded us of error in the Examiner’s anticipation rejection of independent claim 1. Accordingly, we do not sustain the Examiner’s rejection of that claim, of independent claim 11, which recites similar limitations, or of claims 2, 7—10, 12, and 17— 20, which respectively depend from claims 1 and 11. With respect to the remaining rejection of dependent claims 3—6 and 13—16, the Examiner does not rely on Erden to cure the deficiency of the anticipation rejection explained above. We therefore do not sustain the obviousness rejection of these claims for the reasons set forth above in relation to claim 1. 6 Appeal 2017-006120 Application 14/716,148 DECISION The Examiner’s decision rejecting claims 1—20 is reversed. REVERSED 7 Copy with citationCopy as parenthetical citation