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Application No. 10/670,332 

Amendment dated February 27, 2009 

Reply to Office Action of November 28, 2008 



Docket Na: 0465-1029P 



AMENDMENTS TO THE DRAWINGS 

The attached sheets of drawings include changes to FIGS. 1 and 2. In FIGS. 1 and 2, the 
label "Related Art" is added. 

Attachment: Replacement sheets (2) 



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Application No. 10/670,332 Docket No.: 0465-1029P 

Amendment dated February 27, 2009 

Reply to Office Action of November 28, 2008 

REMARKS 

Claims 1, 2, 5, 8-11, 16-18, 21-25, 31-33, 36 and 37 are pending. By this Amendment, 
claims 1, 2, 5, 8-11, 16-18, 21-25, 31-33, 36 and 37 are amended, claims 3, 4, 6, 7, 12-15, 19, 20, 
26-30, 34, 35 and 38 are cancelled without prejudice or disclaimer, and FIGS. 1 and 2 are 
replaced. No new matter is added. 

Applicants thank Examiner Danielsen for the indication that claims 13 and 14 recite 
allowable subject matter. 

Claims 1, 2, 5, 8-11, 16-18, 21-25, 31-33, 36 and 37 are amended to improve form. 
FIGS. 1 and 2 are replaced to address an objection noted below. Support for the amendment is 
found in Disclosure as originally filed. 

For the following reasons, reconsideration is respectfully requested. 

Allowable Subject Matter 
Claims 13 and 14 are indicated as reciting allowable subject matter. 

Drawing Objections 

FIGS. 1 and 2 are objected to. FIGS. 1 and 2 are replaced, and now include the label 
"Related Art." 

Claim Rejection Under 35 U.S.C $ 102 

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 No. 5,715,221; hereinafter Ito '221). The rejection of 

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Application No. 10/670,332 Docket No.: 0465-1029P 

Amendment dated February 27, 2009 

Reply to Office Action of November 28, 2008 

cancelled claims 6, 7, 12, 15, 27-30 and 38 is moot. The rejection of pending claims 1, 5, 16, 17, 
31, 32, 36 and 37 is respectfully traversed. 

It is respectfully submitted that Ito '221 fails to disclose or suggest a method for 
managing an optical recording medium having at least one temporary defect management area 
(TDMA), at least one defect management area (DMA) and at least one spare area, said method 
comprising writing defect management information in the at least one temporary defect 
management area for access to the data written in the spare area, wherein said defect 
management information includes location information indicating a next available address of the 
at least one spare area; and writing the defect management information written in the at least one 
temporary defect management area to the at least one defect management area when the optical 
recording medium is to be finalized, as recited in claim 1 . 

Also, it is respectfully submitted that Ito '221 fails to disclose or suggest a recording 
medium comprising a temporary defect management area configured to store defect management 
information to manage a defective area when the recording medium is under a non-finalized 
state; and a defect management area configured to store the defect management information to 
manage the defective area when the recording medium is under a finalized state; wherein data in 
the defective area is written in said at least one spare area as the replacement data, said defect 
management information includes location information indicating a next available address of the 
spare area, and the defect management information written in the temporary defect management 
area is written to the defect management area when the recording medium is to be finalized, as 
recited in claim 21. 



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Application No. 10/670,332 Docket No.: 0465-1029P 

Amendment dated February 27, 2009 

Reply to Office Action of November 28, 2008 

Also, it is respectfully submitted that Ito '221 fails to disclose or suggest an apparatus for 
managing an optical recording medium having at least one temporary defect management area 
(TDMA), at least one defect management area (DMA), and at least one spare area, said apparatus 
comprising a controller, operatively coupled to the pickup, configured to control the pickup to 
write the data written in a defective area to the at least one spare area as replacement data if the 
defective area within a data area of the optical recording medium is detected; and control the 
pickup to write defect management information in the at least one temporary defect management 
area for access to the data written in the spare area; and control the pickup to write the defect 
management information written in the at least one temporary defect management area to the at 
least one defect management area when the optical recording medium is to be finalized, wherein 
said defect management information includes location information indicating a next available 
address of the at least one spare area, as recited in claim 36. 

First, Ito '221 fails to disclose a temporary defect management area configured to store 
defect management information to manage a defective area when the optical recording medium 
is under a non-finalized state; and a defect management area configured to store the defect 
management information to manage the defective area when the optical recording medium is 
under a finalized state. Instead of the temporary defect management area (TDMA), which is 
recited in addition to the defect management area (DMA), Ito simply discloses four DMAs 
(DMA 1-4) (see col. 8, lines 44-65 and FIG. 1 1 A of Ito '221). 

Moreover, since Ito '221 lacks the TDMA, Ito '221 lacks the recited writing of the defect 
management information written in the at least one temporary defect management area to the at 
least one defect management area when the recording medium is to be finalized. Rather, Ito '221 

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Application No. 10/670,332 Docket No.: 0465-1029P 

Amendment dated February 27, 2009 

Reply to Office Action of November 28, 2008 

simply continually updates the DMA on the optical disc (see col. 10, lines 5-13 of Ito '221), 
which is possible because the optical disc of Ito '221 is rewritable. 

Second, Ito '221 lacks the recited defect management information includes location 
information indicating a next available address of the spare area. Thus, Ito '221 fails to disclose 
each and every feature of claims 1,21 and 36 

Accordingly, based on all of the above, claims 1,21 and 36 are patentably distinguishable 
over Ito '221. Claims 5, 16 and 17, which depend from claim 1, claims 31 and 32, which depend 
from claim 21, and claim 37, which depends from claim 36, are likewise patentably 
distinguishable over the applied reference for at least the reasons discussed above and/or for the 
additional features they recite. Withdrawal of the rejection is respectfully requested. 

Claim Rejections Under 35 U.S.C. S 103 

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 Applicants' disclosed related art (ADRA). 

Claims 8 and 9 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Ito '221 
in view of Ito (U.S. Publication No. 2003/0137909; hereinafter Ito '909). 

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

Claimsl8 and 33 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Ito 
'221 in view U.S. Patent No. 4,404,357. 

These rejections as to cancelled claims 3, 4, 19, 20, 26, 34 and 35 are moot. These 
rejections of pending claims 8, 9, 10, 11,18, 22, 23, 25 and 33 are respectfully traversed. 

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Application No. 10/670,332 Docket No.: 0465-1029P 

Amendment dated February 27, 2009 

Reply to Office Action of November 28, 2008 

As an initial matter, it is respectfully noted that U.S. Patent No. 4,404,357 was granted to 
Taylor et al., and appears not to be a relevant reference. Accordingly, the Examiner is requested 
to clarify the rejection involving U.S. Patent No. 4,404,357. 

Secondly, as discussed above, ltd '221 fails to disclose or suggest each and every feature 
of claim 1, from which claims 8-11 and 18 depend, and fails to disclose or suggest each and 
every feature of claim 21, from which claims 22, 23, 25 and 33 depend. Since the ADRA, Ito 
'909, or for that matter, U.S. Patent No. 4,404,357, fails to remedy at least the noted deficiencies 
of Ito '221, it is respectfully submitted that claims 8, 9, 10, 11, 18, 22, 23, 25 and 33 are 
patentably distinguishable over the applied references and their combinations for at least their 
dependence from their respective independent claims and/or for their added features. 
Withdrawal of the rejections is respectfully requested. 

Conclusion 

In view of the above amendment and/or remarks, applicant believes the pending 
application is in condition for allowance. 

Should there be any outstanding matters that need to be resolved in the present 
application, the Examiner is respectfully requested to contact Seth S. Kim, Reg. No. 54,577, at 
the telephone number of the undersigned below, to conduct an interview in an effort to expedite 
prosecution in connection with the present application. 



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Application No. 10/670,332 

Amendment dated February 27, 2009 

Reply to Office Action of November 28, 2008 



Docket No.: 0465-1029P 



If necessary, the Commissioner is hereby authorized in this, concurrent, and future replies 
to charge payment or credit any overpayment to Deposit Account No. 02-2448 for any additional 
fees required under 37.C.F.R. §§1.16 or 1.17; particularly, extension of time fees. 
Dated: February 27, 2009 Respectfully submitted, 



B y ^~~9- ri jfr-W l P- 



W*L ^1 

Esther H. Chong O 
Registration No.: 40,953 

BIRCH, STEWART, KOLASCH & BIRCH, LLP 
81 10 Gatehouse Road 
Suite 100 East 
P.O. Box 747 

Falls Church, Virginia 22040-0747 
(703) 205-8000 
Attorney for Applicants 



Attachment: Replacement Drawings (2 Sheets) - Figs. 1-2 



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