Ex Parte Suzuki et al

Board of Patent Appeals and Interferences

Aug 29, 2011

11048815 (B.P.A.I. Aug. 29, 2011)

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

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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

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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

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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

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