DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-10 and 13-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2-11, 15-16 and 18-19 of of U.S. Patent No. 12,499,907.. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims recite substantially similar claim elements.
Present claim 1 and claim 3 of patent 12,499,907 are compared below:
Present claim 1
Claim 3 of 12,499,907
A device comprising circuitry configured to: receive, from a reader element, a signal, the signal comprising an indication of one or more properties of a magnetic medium detected by the reader element,
wherein the one or more properties of the magnetic medium comprise a direction of magnetic polarization and a magnitude of magnetic polarization;
determine an envelope of the signal; and adjust, responsive to the envelope, a current provided to a laser configured to heat the magnetic medium.
A device comprising circuitry configured to: receive, from a reader element, a signal, the signal comprising an indication of one or more properties of a magnetic medium detected by the reader element,
wherein the one or more properties of the magnetic medium comprise a direction of magnetic polarization and a magnitude of the magnetic polarization.
wherein the signal comprises an indication of a value of one or more bits stored on the magnetic medium; determine an envelope of the signal; and adjust, responsive to the envelope, a current provided to a laser configured to heat the magnetic medium.
Claims 2-10 are substantially similar to claims 2 and 4-11, respectively, and are similarly subject to non-statutory double-patenting rejections.
Present claim 13 and claim 19 of patent 12,499,907 are compared below:
Present claim 13
Claim 19 of patent 12,499,907
A method comprising: receiving, from a reader element, a signal comprising an indication of one or more properties of a magnetic medium detected by the reader element;
determining an envelope of the signal; adjusting, responsive to the envelope, a current provided to heat the magnetic medium;
storing information corresponding to a value of one or more bits during an elapsed time between a mode hop event and the adjustment of the current; and providing information to a writer element subsequent to the adjustment of the current, the writer element configured to write the information to the magnetic medium.
A method comprising: receiving, from a reader element, a signal comprising an indication of one or more properties of a magnetic medium detected by the reader element,
the one or more properties comprising a direction of magnetic polarization corresponding to a bit value and a magnitude of the magnetic polarization;
determining an envelope of the signal; and adjusting, responsive to the envelope, a current provided to heat the magnetic medium.
storing information corresponding to a value of one or more bits during an elapsed time between a mode hop event and the adjustment of the current; andproviding information to a writer element subsequent to the adjustment of the current, the writer element configured to write the information to the magnetic medium.
Claims 14-17 are substantially similar to claims 15-16, 19 and 18, respectively, and are similarly subject to non-statutory double-patenting rejections
Allowable Subject Matter
Claims 11-12 and 19-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claims 11-12, the prior art does not teach “…circuitry configured to: receive, from a reader element, a signal, the signal comprising an indication of one or more properties of a magnetic medium detected by the reader element; determine an envelope of the signal; and adjust, responsive to the envelope, a current provided to a laser configured to heat the magnetic medium, wherein the signal comprises an indication of a value of one or more bits stored on the magnetic medium; and a controller configured to convey an indication of a detection of a mode hop to a processor, the processor configured to: present the indication of the detection of the mode hop; or cache information to be written to the magnetic medium responsive to the indication.”
Regarding claims 18-20, the prior art does not teach “… a movable arm comprising a writer element to write to a magnetic medium, the movable arm configured to align the writer element and a reader element along a track of the magnetic medium; and circuitry configured to: receive, from the reader element, a signal, the signal comprising an indication of one or more properties of the magnetic medium detected by the reader element; determine an envelope of the signal; and adjust, responsive to the envelope, a current provided to a laser configured to heat the magnetic medium, wherein the adjustment to the current provided to the laser is provided by a controller remote from the movable arm.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Braganca [2020/0326391] and Rausch [9,741,386].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SASINOWSKI whose telephone number is (571)270-5883. The examiner can normally be reached 7am - 4pm, Mon.-Fri. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Boddie can be reached at 571-272-0666. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW SASINOWSKI/Primary Examiner, Art Unit 2625
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