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United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
I nilid Stall-, l'atint and Trademark Office 

Address: COMMISSIONER FOR PATENTS 



APPLICATION NO. 



FILING DATE 



FIRST NAMED INVENTOR 



ATTORNEY DOCKET NO. CONFIRMATION NO. 



10/070.332 



0V/20/2003 



2292 7590 11/28/2008 

BIRCH STEWART KOLASCH & BIRCH 
PO BOX 747 

FALLS CHURCH, VA 22040-0747 



DANIELSEN, NATHAN ANDREW 



PAPER NUMBER 



NOTIFICATION DATE | DELIVERY MODE 
11/28/2008 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): 

mailroom@bskb.com 



PTOL-90A (Rev. 04/07) 



l/ffflrC? nVrliUli Otfff Iff ids y 


Application No. 

10/670,332 


Applicant(s) 
PARK ET AL. 


Examiner 

Nathan Danielsen 


Art Unit 

2627 





- The MAILING DATE of this communication appears on the cover sheet with the correspondence address — 
Period for Reply 



A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS, 
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. 

- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed 
after SIX (6) MONTHS from the mailing date of this communication. 

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. 

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). 
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any 
earned patent term adjustment. See 37 CFR 1 .704(b). 

Status 

1 )KI Responsive to communication(s) filed on 26 September 2003 . 
2a )□ This action is FINAL. 2b)^ This action is non-final. 

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is 

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213. 

Disposition of Claims 

4) ^ Claim(s) 1-38 is/are pending in the application. 

4a) Of the above claim(s) is/are withdrawn from consideration. 

5) D Claim(s) is/are allowed. 

6) |EI Claim(s) 1-12 and 15-38 is/are rejected. 

7) |KI Claim(s) 13 and 14 is/are objected to. 

8) D Claim(s) are subject to restriction and/or election requirement. 

Application Papers 

9) Q The specification is objected to by the Examiner. 

10) ^ The drawing(s) filed on 26 September 2003 is/are: a)D accepted or b)^ objected to by the Examiner. 

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a). 
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d). 

1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. 

Priority under 35 U.S.C. § 119 

12) ^ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). 
a)E| All b)D Some * c)D None of: 

1 Certified copies of the priority documents have been received. 

20 Certified copies of the priority documents have been received in Application No. . 

3.Q Copies of the certified copies of the priority documents have been received in this National Stage 
application from the International Bureau (PCT Rule 17.2(a)). 
* See the attached detailed Office action for a list of the certified copies not received. 



Attach ment(s) 

1) ^| Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-41 3) 

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. . 

3) Information Disclosure Statement(s) (PTO/SB/08) 5 ) □ Notice of Informal Patent Application 
Paper No(s)/Mail Date See Continuation Sheet . 6) □ Other: . 



PTOL-T26 d (Rev e 08-06r 



Office Action Summary 



Part of Paper No./Mail Date 20081 118 



Continuation Sheet (PTOL-326) 



Application No. 10/670,332 



Continuation of Attachment(s) 3). Information Disclosure Statement(s) (PTO/SB/08), Paper No(s)/Mail Date : 10/07/04, 
02/05/08, 02/05/08, 03/27/08, 07/21/08, 08/08/08, & 09/16/08. 



Application/Control Number: 10/670,332 



Page 



DETAILED ACTION 

1 . Claims 1-38 are pending. 

Priority 

2. Receipt is acknowledged of papers submitted under 35 U.S.C. 1 19(a)-(d), which papers 
have been placed of record in the file. 

Drawings 

3. Figures 1 and 2 should be designated by a legend such as -Prior Art- or -Related Art- 
because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in 
compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment 
of the application. The replacement sheet(s) should be labeled "Replacement Sheet" in the page 
header (as per 37 CFR 1 .84(c)) so as not to obstruct any portion of the drawing figures. If the 
changes are not accepted by the examiner, the applicant will be notified and informed of any 
required corrective action in the next Office action. The objection to the drawings will not be held 
in abeyance. 

Claim Rejections - 35 USC §102 

4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the 
basis for the rejections under this section made in this Office action: 

A person shall be entitled to a patent unless - 

(b) the invention was patented or described in a printed publication in this or a foreign country or in 
public use or on sale in this country, more than one year prior to the date of application for patent in 
the United States. 

5. Claims 1, 5-7, 12, 15-17, 21, 27-32, and 36-38 are rejected under 35 U.S.C. 102(b) as 
being anticipated by Ito et al (US Patent 5,715,221; hereinafter Ito '221). 

Regarding claims 1, 21, and 36, Ito '221 discloses a method for managing an optical 
recording medium (as well as an optical recording medium and an apparatus for managing an 
optical recording medium) having at least one temporary defect management area (DMAs 1-4 in 



Application/Control Number: 10/670,332 



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figure 1 1 ; where each is "temporary" due to the updating of the SDL portion including the sorting 
rearrangement of addresses contained therein (col. 10, lines 5-13)), and at least one spare area 
in a data area (figure 1 1C), said method comprising: 

replacing data written in a defective area by writing the data written in the defective area 
to the at least one spare area as replacement data if the defective area within the 
data area is detected (col. 2, lines 1-8); and 
writing defect management information in the at least one temporary defect management 

area for access to the data written in the spare area (col. 10, lines 5-13), 
wherein said defect management information for access to the data written in the spare 
area is identified by at least one navigation pointer (col. 14, lines 18-29 and figure 
20). 

Regarding claims 2, 24, and 37, Ito '221 discloses everything claimed, as applied to 
claims 1, 21, and 36, respectively. Additionally, Ito '221 discloses where: 

in the writing step, the defect management information is written as defect list information 
in the at least one temporary defect management area (col. 14, lines 18-32), and 

the method further comprises managing the defect list information (figure 22), 

the defect list information includes navigation pointer information including defect entries 
corresponding to actual written replacement data (col. 14, lines 30-32), and 

writing location information of the next available spare area for successive replacement 
writing (col. 14, lines 18-29 and figure 20). 

Regarding claims 5-7, 12, and 27-29, Ito '221 discloses everything claimed, as applied to 
claim 2. Additionally, Ito '221 discloses where the defect list information is temporary defect list 
information with a recording size smaller than four clusters (col. 1 , lines 50-54; where each DMA 
is interpreted to be a single cluster, as defined by Maeda in Office Action ]f 13), the recording size 
is two clusters or smaller (col. 1 , lines 50-54; where each DMA is interpreted to be a single 
cluster, as defined by Maeda in Office Action If 13), the defect list information has one cluster 
recording size (col. 1, lines 50-54; where each DMA is interpreted to be a single cluster, as 



Application/Control Number: 10/670,332 



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defined by Maeda in Office Action j[ 13), and includes defect entries corresponding to the 
replacement data (col. 14, lines 30-32). 

Regarding claims 15, 30, and 38, Ito '221 discloses a method for managing an optical 
recording medium (as well as an optical recording medium and an apparatus for managing an 
optical recording medium) having at least one temporary defect management area (DMAs 1-4 in 
figure 1 1 ; where each is "temporary" due to the updating of the SDL portion including the sorting 
rearrangement of addresses contained therein (col. 10, lines 5-13)), and at least one spare area 
in a data area(figure 1 1C), said method comprising: 

replacing data written in a defective area of the data area in the at least one spare area in 
place of the defective area as replacement data if the defective area within the 
data area is detected (col. 2, lines 1-8); and 
producing defect list information and disc definition structure information in the at least 
one temporary defect management area for access to the data written in the at 
least one spare area as replacement data (col. 10, lines 5-13), and managing the 
defect list information and the disc definition structure information (col. 10, lines 
5-13), 

wherein the defect list information includes defect entries corresponding to the 

replacement data actually written, and the disc definition structure information 
includes writing location information of a next available sector of the spare area 
for replacement writing as at least one navigation pointer (col. 14, lines 18-29 
and figure 20). 

Regarding claims 16 and 31, Ito '221 discloses everything claimed, as applied to claims 
15 and 30, respectively. Additionally, Ito '221 discloses where the defect list information includes 
a defect list terminator for indicating a termination of writing of defect entries (inherent in DMAs of 
Ito '221 for determining where the DMA ends). 

Regarding claims 17 and 32, Ito '221 discloses everything claimed, as applied to claims 
15 and 30, respectively. Additionally, Ito '221 discloses where the writing location information is 
writing location information corresponding to a first sector of a first cluster of the spare area 



Application/Control Number: 10/670,332 



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available for successive replacement writing of new replacement data (col. 14, lines 18-29 and 
figure 20). 

Claim Rejections - 35 USC §103 

6. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness 

rejections set forth in this Office action: 

(a) A patent may not be obtained though the invention is not identically disclosed or described as 
set forth in section 1 02 of this title, if the differences between the subject matter sought to be 
patented and the prior art are such that the subject matter as a whole would have been obvious at 
the time the invention was made to a person having ordinary skill in the art to which said subject 
matter pertains. Patentability shall not be negatived by the manner in which the invention was 
made. 

7. Claims 3, 4, 10, 19, 22, 25, 26, and 34 are rejected under 35 U.S.C. 103(a) as being 
unpatentable over Ito '221 , in view of applicant's admitted prior art (hereinafter the AAPA). 

Regarding claims 3, 4, 25, and 26, Ito '221 discloses everything claimed, as applied to 
claims 2 and 24. However, Ito '221 fails to disclose the particular type of optical recording 
medium. 

In the same field of endeavor, the AAPA discloses where the optical recording medium is 
a Blu-ray disc of writable once type (BD-WO) or a Blu-ray disc of read-writable type (BD-RW) fifs 
3-8). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time the 
invention was made to have modified the invention of Ito '221 with the optical recording medium 
of the AAPA, for the purpose of managing defect information on next generation optical recording 
mediums fl|s 3-8). 

Regarding claims 10, 19, 22, and 34, Ito '221 discloses everything claimed, as applied to 
claims 2, 15, 21, and 30, respectively. However, Ito '221 fails to disclose the specific type of 
optical recording medium, as well as the specific structure and format thereof. 

In the same field of endeavor, the AAPA discloses where the optical recording medium is 
a single layer Blu-ray disc of writable once type having an inner spare area and an outer spare 
area assigned thereto fl[s 3-5), and the defect list information includes writing location information 
of the inner spare area available for successive replacement writing of replacement data, and 



Application/Control Number: 10/670,332 



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writing location information of the outer spare area available for successive replacement writing of 
replacement data fl| 7). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time the 
invention was made to have modified the invention of Ito '221 with the optical recording medium 
of the AAPA, for the purpose of managing defect information on next generation optical recording 
mediums fl|s 3-8). 

8. Claims 8 and 9 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ito '221, 
in view of Ito et al (US Patent Application Publication 2003/0137909; hereinafter Ito '909). 

Regarding claim 8, Ito '221 discloses everything claimed, as applied to claim 2. 
However, Ito '221 fails to disclose where a recording size of the defect list information to be 
written is varied to a recording size greater than one cluster when the number of defect entries 
exceeds one cluster of recording size. 

In the same field of endeavor, Ito '909 discloses where a recording size of the defect list 
information to be written is varied to a recording size greater than one cluster when the number of 
defect entries exceeds one cluster of recording size flfs 88 and 89; where, if the size the spare 
area 107 is increased beyond the size of the spare areas 105, 106, and 106', the corresponding 
defect management would necessarily need to be increased in size to properly record defect and 
replacement sector positions). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time the 
invention was made to have modified Ito '221 with Ito '909, for the purpose of improving the 
reliability of data by providing additional spare areas fl| 90). 

Regarding claim 9, Ito '221 , in view of Ito '909, discloses everything claimed, as applied 
to claim 8. However, Ito '221 fails to disclose where the recording size of the defect list 
information to be written is varied to a recording size greater than one cluster but smaller than 
four clusters. 

In the same field of endeavor, Ito '909 discloses where the recording size of the defect list 
information to be written is varied to a recording size greater than one cluster but smaller than 



Application/Control Number: 10/670,332 



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four clusters fl|s 88 and 89; where, if the size the spare area 107 is increased beyond the size of 
the spare areas 105, 106, and 106', the corresponding defect management would necessarily 
need to be increased in size to properly record defect and replacement sector positions, yet 
would not be capable of exceeding the space allocated therefore in the lead-out zone 104, as 
seen in figure 6). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time the 
invention was made to have modified Ito '221 with Ito '909, for the purpose of improving the 
reliability of data by providing additional spare areas flf 90). 

9. Claims 11, 20, 23, and 35 are rejected under 35 U.S.C. 103(a) as being unpatentable 
over Ito '221 , in view of the AAPA, and further in view of Ito '909. 

Regarding claims 11, 20, 23, and 35, Ito '221 discloses everything claimed, as applied to 
claims 2, 15, 21, and 30, respectively. However, Ito '221 fails to disclose the specific type of 
optical recording medium, as well as the specific structure and format thereof. 

In the same field of endeavor, the AAPA discloses where the optical recording medium is 
a single layer Blu-ray disc of writable once type having an inner spare area and an outer spare 
area assigned thereto fl|s 3-5), and the defect list information includes writing location information 
of the inner spare area available for successive replacement writing of replacement data, and 
writing location information of the outer spare area available for successive replacement writing of 
replacement data fl| 7). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time the 
invention was made to have modified the invention of Ito '221 with the optical recording medium 
of the AAPA, for the purpose of managing defect information on next generation optical recording 
mediums fl|s 3-8). However, Ito '221, in view of the AAPA, fails to disclose where the optical 
recording medium is a dual layer type. 

In the same field of endeavor, Ito '909 discloses where the optical recording medium is a 
dual layer type (figure 6). 



Application/Control Number: 10/670,332 



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Therefore, it would have been obvious to one of ordinary skill in the art at the time the 
invention was made to have modified Ito '221 with Ito '909, for the purpose of improving the 
reliability of data by providing additional spare areas flf 90). 

10. Claims 18 and 33 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ito 
'221 , in view of Ito et al (US Patent 4,404,357; hereinafter Ito '357). 

Regarding claims 18 and 33, Ito '221 discloses everything claimed, as applied to claims 
15 and 30, respectively. However, Ito '221 fails to disclose where the disc definition structure 
information includes physical sector number information corresponding to a writing location of the 
defect list information. 

In the same field of endeavor, Ito '357 discloses where the disc definition structure 
information includes physical sector number information corresponding to a writing location of the 
defect list information (col. 1, lines 42-48). 

Therefore, it would have been obvious to one of ordinary skill in the art at the time the 
invention was made to have modified Ito '221 with Ito '357, for the purpose of specifying the 
structure of the optical recording medium (col. 1, lines 24-28). 

Allowable Subject Matter 

11. Claims 13 and 14 are objected to as being dependent upon a rejected base claim, but 
would be allowable if rewritten in independent form including all of the limitations of the base 
claim and any intervening claims. 

12. The following is a statement of reasons for the indication of allowable subject matter: the 
prior art of record, either alone or in combination, fails to teach or fairly suggest where the defect 
list information written previously and newly written defect list information are put into different 
groups for defect management if all of the defect entries exceed one cluster recording size due to 
an increase of the defect entries in combination with the other limitations in the preceding claims. 



Application/Control Number: 10/670,332 



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Citation of Relevant Prior Art 

13. The prior art made of record and not relied upon is considered pertinent to applicant's 
disclosure. 

a. Maeda (US Patent 5,343,456) discloses where a cluster comprises a 

predetermined number of sectors representing a recording unit (col. 8, line 61 
through col. 9, line 6). 

Closing Remarks/Comments 

Any inquiry concerning this communication or earlier communications from the examiner 
should be directed to Nathan Danielsen whose telephone number is (571)272-4248. The 
examiner can normally be reached on Monday-Friday, 9:00 AM - 5:00 PM Eastern Time. 

If attempts to reach the examiner by telephone are unsuccessful, the examiner's 
supervisor, A.L. Wellington can be reached on (571) 272-4483. The fax phone number for the 
organization where this application or proceeding is assigned is 571-273-8300. 

Information regarding the status of an application may be obtained from the Patent 
Application Information Retrieval (PAIR) system. Status information for published applications 
may be obtained from either Private PAIR or Public PAIR. Status information for unpublished 
applications is available through Private PAIR only. For more information about the PAIR system, 
see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR 
system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would 
like assistance from a USPTO Customer Service Representative or access to the automated 
information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 

/Andrea L Wellington/ 

Supervisory Patent Examiner, Art Unit 

2627 



Nathan Danielsen 
11/19/2008