Ex Parte Suzuki et alDownload PDFBoard of Patent Appeals and InterferencesAug 29, 201111048815 (B.P.A.I. Aug. 29, 2011) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE _____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES _____________ Ex parte YOSHIHISA SUZUKI, SATOSHI SUMI, TOSHIHIDE HAMAGUCHI, KENJI NAKAO, NOBORU MAMIYA, HIDEHARU TODA, and TOMOHIRO GOTO _____________ Appeal 2009-010569 Application 11/048,815 Technology Center 2600 ______________ Before, ROBERT E. NAPPI, ELENI MANTIS MERCADER, and DAVID M. KOHUT, Administrative Patent Judges. KOHUT, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134(a) of the non-final rejection of claims 1-6. We have jurisdiction under 35 U.S.C. § 6(b). We reverse the Examiner’s rejection of these claims. Appeal 2009-010569 Application 11/048,815 2 INVENTION The invention is directed to an information reproducing and recording apparatus that adjusts based upon a measured tilt amount. See Spec. 1-6. Claim 1 is representative of the invention and is reproduced below: 1. An information recording and reproducing apparatus for recording and/or reproducing information by irradiating a disk with laser light, comprising: reference value data storing means for previously storing reference value data in accordance with a focus bias voltage when a predetermined radial position on a reference disk is focused; sample value data obtaining means for detecting a focus bias voltage when a predetermined radial position on a target disk with respect to which information is to be recorded/reproduced is focused, prior to a commencement of a recording/reproducing operation, and obtaining sample value data in accordance with the detected focus bias voltage under a condition that the sample value data is associated with the radial position; positional information obtaining means for obtaining positional information on a recording/reproducing position on the target disk; tilt servo generating means for generating a tilt servo signal at the recording/reproducing position on the target disk, based on a differential value between the reference value data stored in the reference value data storing means and the sample value data obtained by the sample value data obtaining means, and the positional information obtained by the positional information obtaining means; and tilt adjusting means for adjusting a tilt of laser light with respect to a disk surface in accordance with the tilt servo signal generated by the tilt servo signal generating means. REFERENCES Ohno US 7,187,632 B2 Mar. 6, 2007 (filed Sep. 3, 2003) Appeal 2009-010569 Application 11/048,815 3 Arakawa US 7,218,588 B2 May 15, 2007 (filed Nov. 26, 2003) REJECTION AT ISSUE Claims 1-6 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Ohno in view of Arakawa. Ans. 4-9. ISSUE Appellants argue on pages 3-10 of the Appeal Brief and pages 1-4 of the Reply Brief that the Examiner’s rejection of claims 1-6 is in error. These arguments present the following issue: Did the Examiner err in finding that Ohno in view of Arakawa discloses generating a tilt servo signal based upon the difference between reference value data and sample value data?1 ANALYSIS Claim 1 requires a tilt servo signal to be generated on the difference between two values: the reference value data (obtained from a reference disk) and the sample value data (obtained from a target disk). The Examiner finds that Arakawa’s tilt value is the same as the claimed reference value data and Arakawa’s sampled focus error signals are the same as the claimed sample value data. Ans. 12. Thus, since Arakawa discloses detecting a tilt amount based upon the difference of two DC bias components, i.e., the tilt value and the focus error signals, this is the same as generating a tilt servo signal based on the difference between the reference and the sample value data. Ans. 13. Appellants argue that the values cited by the Examiner are 1 Appellants make additional arguments regarding claims 1-6. App. Br. 93- 10; Reply Br. 1-4. We do not reach these additional issues since this issue is dispositive of the case. Appeal 2009-010569 Application 11/048,815 4 obtained from the same disk, not a reference disk and a target disk, as required by claim 1. App. Br. 8-9; Reply Br. 3. We agree with Appellants. Arakawa’s system separates a disk into an equal amount of regions or zones. Col. 5, ll. 62-66. The tilt amount is calculated based on the difference of the focus bias value measured at the inner boundary position of the first region and the focus bias value measured at the peripheral boundary of the first region of the same disk. Col. 6, ll. 3-17. Thus, the values used to calculate the tilt correction are not obtained from a reference disk and a target disk, but solely from a target disk. As such, we will not sustain the Examiner’s rejection of claim 1 and claims 2-6 that depend from claim 1. CONCLUSION The Examiner erred in finding that Ohno in view of Arakawa discloses generating a tilt servo signal based upon the difference between reference value data and sample value data. SUMMARY The Examiner’s decision to reject claims 1-6 is reversed. REVERSED ke Copy with citationCopy as parenthetical citation