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 .
Status of the Application
Claims 1-20 are currently pending in this application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 8-11, 13, 14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josefsson [US 6,437,820 B1] in view of SRIMOHANARAJAH et al. (Hereafter, “Srimohanarajah”) [US 2018/0325621 A1].
In regards to claim 1, Josefsson discloses a method for operating active markers for performance capture ([Abstract] A motion analysis system for tracking the motion of one or more light-emitting markers attached to an object includes at least one camera for recording a series of image frames, and at least one light source in communication with said at least one camera for generating optical trigger signals.), the method comprising: emitting, by a trigger unit, control energy pulses of a first control set ([Col. 2] generating one or more trigger signals [Col. 5] The light source 14, controlled by the camera unit 10 periodically receives a signal A from the camera unit or other control means to output a trigger signal in form of a first and a second flash burst, 24 and 25, respectively, containing a number of flashes.), wherein the trigger unit ([Col. 4 and Fig. 1] light source 14 is located proximal to the marker 11 and at least one marker 11 attached to the object 12); sensing, by the one or more responsive active markers, the control energy pulses ([Col. 2] detecting said trigger signal by said marker); in response to sensing the control energy pulses, emitting, by the one or more responsive active markers, response energy pulses of a first response set ([Col. 2] generate a response signal by each marker according to instructions stored in each marker [Col. 5] Second, mainly shorter burst 25, is used as a trigger signal, substantially trigging all markers simultaneously to generate a response signal in form of a flash (or blink).), wherein the response energy pulses of the first response set emulates at least one characteristic of the sensed control energy pulses ([Col. 6] An active marker is preferably arranged to "blink" in same rate and phase that the cameras take a picture.); capturing, by one or more sensor devices, the response energy pulses of the first response set ([Col. 2] detecting said response signal by the camera unit [Col. 5] The cameras and markers are synchronised as illustrated in graphs C and D, where C shows the camera exposure time (peaks) and D shows the response signal (flash) from the markers.); and generating marker data based, at least in part, on the captured response energy pulses of the first response set ([Col. 2] generating a (sequential) code for each marker in respect of the response signals and positions of the same, and using said code for identifying each marker [Col. 5 and Fig. 5] Graph D shows the response signal (flash) from the markers [Col. 5-6 and Fig. 6] The processing unit processes the incoming signal from the CCD and further comprises a position calculating device 26, sorting unit 27, buffering unit 28 and ID definition means 29. The position calculating device 26 is provided for calculating the two and/or three-dimensional position of each marker (image), according to formulas 5 and 6 above. It may also calculate the roundness of a marker. The sorting unit 27, e.g. including a memory unit, sorts the incoming positions (2D and/or 3D) of each marker in an image frame and generates a sorted list shown schematically in the encircled area on the drawing. Each row, so-called trace bit, of the list represents a position, denoted x, y, of a detected active marker. Preferably, the sorting order (first time) is from the first detected positions to last detected positions.).
Srimohanarajah discloses a method for operating active markers for performance capture ([Title] Wireless active tracking fiducials), the method comprising: emitting, by a trigger unit ([0006] a master control and sync unit attached to the fiducial frame and coupled to the power source), control energy pulses of a first control set, wherein the trigger unit is positioned in a live action scene and proximal to one or more responsive active markers attached to an object in the live action scene ([Fig. 1, 2, and 12] master control and sync unit 202 is located on the frame in the scene); sensing, by the one or more responsive active markers, the control energy pulses ([0071] the signals are wireless and each individual fiducial marker 201 includes a signal receiver to detect and decode signals from the master control and sync unit 202); in response to sensing the control energy pulses, emitting, by the one or more responsive active markers, response energy pulses of a first response set, wherein the response energy pulses of the first response set emulates at least one characteristic of the sensed control energy pulses ([0045] The master control and sync unit may control, through a wired or wireless connection, the timing, frequency and pulse rate of the individual light emitters. [0070] The master control and sync unit 202 may coordinate the flashing of the light emitters 204 so as to synchronize their outputs so that they are identifiable to the navigation system camera(s).); capturing, by one or more sensor devices, the response energy pulses of the first response set; and generating marker data based, at least in part, on the captured response energy pulses of the first response set ([0005] at least one optical tracking camera to detect and distinguish between light from the first active fiducial marker and light from the second active fiducial marker based upon the difference in the first and second pulse patterns).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Josefsson with the use of a control and sync unit in the scene and in connection with the markers as taught by Srimohanarajah in order to improve the accuracy of the detection of the markers in the scene [See Srimohanarajah].
In regards to claim 2, the limitations of claim 1 have been addressed. Josefsson discloses wherein the at least one characteristic of the sensed control energy pulses includes at least one of a pulse rate or an energy wavelength ([Col. 6] An active marker is preferably arranged to "blink" in same rate and phase that the cameras take a picture.).
In regards to claim 3, the limitations of claim 1 have been addressed. Josefsson discloses wherein sensing of the control energy pulses of the first control set is with a respective photodiode of the one or more responsive active marker ([Col. 5] The marker 11 is also provided with a light sensor 19 in a substantially central position. The marker 11 is arranged to detect an incoming trigger signal, in this case, a light signal preferably in a special wave length, which is detected by the sensor 19.), and wherein emitting the response energy pulses includes generating electrical current by the respective photodiode consistent with a pulse rate of the sensed control energy pulses ([Col. 6] An active marker is preferably arranged to "blink" in same rate and phase that the cameras take a picture.), and an energy source of the one or more responsive active markers responds to the electrical current by emitting the response energy pulses at the pulse rate ([Col. 5] The control unit 20, which in its simplest form consists of a logic unit 22 and a driving circuit 23 for driving LED's 18 generates a response signal. Second, mainly shorter burst 25, is used as a trigger signal, substantially trigging all markers simultaneously to generate a response signal in form of a flash (or blink).).
In regards to claim 4, the limitations of claim 1 have been addressed. Josefsson discloses wherein the control energy pulses of the first control set are emitted at a first pulse rate at a first time period and the method further comprises: emitting, at a second time period, control energy pulses of a second control set from the trigger unit according to a second pulse rate that is different from the first pulse rate ([Fig. 5 and Col. 5] The light source 14, controlled by the camera unit 10 periodically receives a signal A from the camera unit or other control means to output a trigger signal in form of a first and a second flash burst, 24 and 25, respectively, containing a number of flashes. The first burst 24, which preferably lasts longer than the second burst 25 is used to synchronise the counters of the markers and other cameras, if needed.); sensing, by the one or more responsive active markers, the control energy pulses of the second control set ([Col. 2] detecting said trigger signal by said marker); and in response to sensing the control energy pulses of the second control set, emitting, by the one or more responsive active markers, response energy pulses of a second response set, wherein the response energy pulses of the second response set emulate the second pulse rate of the sensed control energy pulses of the second control set ([Fig. 5 and Col. 5] Second, mainly shorter burst 25, is used as a trigger signal, substantially trigging all markers simultaneously to generate a response signal in form of a flash (or blink).); and capturing, by the one or more sensor devices, the response energy pulses of the second response set ([Fig. 5 and Col. 5] After a predetermined delay time t, after a burst 24, 25, each marker outputs a response signal, substantially simultaneously, in form of a flash (light emission), if certain criteria are fulfilled.).
In regards to claim 5, the limitations of claim 4 have been addressed. Josefsson discloses further comprising: determining, by the trigger unit, a first mode of operation, wherein emitting the control energy pulses of the first control set is in response to determining the first mode of operation; and determining, by the trigger unit, a second mode of operation, wherein emitting the control energy pulses of the second control set is in response to determining the second mode of operation ([Col. 5] FIG. 5 is a schematic illustration of the timing schedule for signals in a preferred embodiment. The light source 14, controlled by the camera unit 10 periodically receives a signal A from the camera unit or other control means to output a trigger signal in form of a first and a second flash burst, 24 and 25, respectively, containing a number of flashes. The first burst 24, which preferably lasts longer than the second burst 25 is used to synchronise the counters of the markers and other cameras, if needed. Second, mainly shorter burst 25, is used as a trigger signal, substantially trigging all markers simultaneously to generate a response signal in form of a flash (or blink).).
In regards to claim 8, the limitations of claim 1 have been addressed. Josefsson discloses further comprising: capturing, by the one or more sensor devices, the control energy pulses of the first control set and generating the marker data is further based on the captured control energy pulses ([Col. 2] detecting said response signal by the camera unit, generating a (sequential) code for each marker in respect of the response signals and positions of the same, and using said code for identifying each marker [Col. 5] The cameras and markers are synchronised as illustrated in graphs C and D, where C shows the camera exposure time (peaks) and D shows the response signal (flash) from the markers [Col. 5-6 and Fig. 6] The processing unit processes the incoming signal from the CCD and further comprises a position calculating device 26, sorting unit 27, buffering unit 28 and ID definition means 29. The position calculating device 26 is provided for calculating the two and/or three-dimensional position of each marker (image), according to formulas 5 and 6 above. It may also calculate the roundness of a marker. The sorting unit 27, e.g. including a memory unit, sorts the incoming positions (2D and/or 3D) of each marker in an image frame and generates a sorted list shown schematically in the encircled area on the drawing. Each row, so-called trace bit, of the list represents a position, denoted x, y, of a detected active marker. Preferably, the sorting order (first time) is from the first detected positions to last detected positions.).
Claims 9 and 16 list all the same elements of claims 1 and 2, but in system form rather than method form. Therefore, the supporting rationale of the rejections to claims 1 and 2 apply equally as well to claim 9.
Claim 10 lists all the same elements of claim 3, but in system form rather than method form. Therefore, the supporting rationale of the rejection to claim 3 applies equally as well to claim 10.
In regards to claim 11, the limitations of claim 9 have been addressed. Josefsson discloses wherein the trigger unit further comprises a processor to execute logic to perform operations including: determining a mode of operation; and directing the one or more energy sources to emit control energy pulses at an adjusted pulse rate in response to determining the mode of operation ([Col. 6 and Fig. 7] Assuming that after a synchronisation pulse, trigger pulses are emitted, in FIGS. 7a and 7b both markers blink. Here, it is assumed that both markers move but the method could be applied if only one or both markers are still. In FIG. 7c only marker 11A blinks. In FIG. 7d both markers 11A and 11B blink. In FIG. 7e only marker 11B blinks and in FIG. 7f both markers 11A and 11B blink. The frame series are terminated, for example by a new synchronisation pulse, after a predetermined number of trigger pulses, after a certain time duration, after that the buffer is filled etc.).
In regards to claim 13, the limitations of claim 9 have been addressed. Josefsson fails to explicitly disclose further comprising a signal controller comprising a transmitter to transmit signals indicating a pulse rate to the trigger unit, wherein the trigger unit further comprises an antennae to receive the signals from the signal controller.
Srimohanarajah discloses further comprising a signal controller comprising a transmitter to transmit signals indicating a pulse rate to the trigger unit, wherein the trigger unit further comprises an antennae to receive the signals from the signal controller ([0051] The signal receiver 110 may be, for example, a photodetector (photodiode), an RF antenna, a magnetic coil antenna, or the like, for receiving wireless signals from a distant transmitter. [0070] The master control and sync unit 202 may receive instructions or other information from the navigation system via a signal receiver 210. [0054] The signal receiver 110, such as a photodetector, inputs received signals to the control circuitry 112. The control circuitry 112 may demodulate the received signal to obtain information from the transmitter of the received signal, e.g. the navigation system. The demodulated information may include a sync signal, a command, a request, or configuration data, for example.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Josefsson with the teachings of Srimohanarajah in order to improve the accuracy of the detection of the markers in the scene [See Srimohanarajah].
In regards to claim 14, the limitations of claim 9 have been addressed. Josefsson fails to explicitly disclose further comprising a control unit, wherein the trigger unit receives the pulse rate through wired communication with the control unit.
Srimohanarajah discloses further comprising a control unit, wherein the trigger unit receives the pulse rate through wired communication with the control unit ([0046] The master control and sync unit may control, through a wired or wireless connection, the timing, frequency and pulse rate of the individual light emitters.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Josefsson with the teachings of Srimohanarajah in order to improve the accuracy of the detection of the markers in the scene [See Srimohanarajah].
Claim 17 is substantially the same as claims 1, 2, and 4 and is thus rejected for reasons similar to those in rejecting claims 1, 2, and 4.
Claim 18 is substantially the same as claim 5 and is thus rejected for reasons similar to those in rejecting claim 5.
In regards to claim 19, the limitations of claim 18 have been addressed. Josefsson discloses further comprising receiving, by the responsive active marker, mode indicator energy pulses from the trigger unit to indicate at least one of the first mode of operation or the second mode of operation ([Fig. 5 and Col. 5] The light source 14, controlled by the camera unit 10 periodically receives a signal A from the camera unit or other control means to output a trigger signal in form of a first and a second flash burst, 24 and 25, respectively, containing a number of flashes. The first burst 24, which preferably lasts longer than the second burst 25 is used to synchronise the counters of the markers and other cameras, if needed.).
Claim 20 is substantially the same as claim 8 and is thus rejected for reasons similar to those in rejecting claim 8.
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josefsson in view of Srimohanarajah in further view of HWANG et al. (Hereafter, “Hwang”) [US 2019/0079171 A1].
In regards to claim 6, the limitations of claim 4 have been addressed. Josefsson fails to explicitly disclose wherein the control energy pulses of the first control set include a first wavelength of energy and the response energy pulses of the first response set emulates the first wavelength of energy, and wherein the control energy pulses of the second control set include a second wavelength of energy different from the first wavelength of energy, and the response energy pulses of the second response set emulates the first wavelength of energy.
Hwang discloses wherein the control energy pulses of the first control set include a first wavelength of energy and the response energy pulses of the first response set emulates the first wavelength of energy, and wherein the control energy pulses of the second control set include a second wavelength of energy different from the first wavelength of energy, and the response energy pulses of the second response set emulates the first wavelength of energy ([0038] A wavelength of the light 110L emitted from the light source 110A may be determined by a control signal provided by the controller 150. The control signal may include a light emission signal. As depicted in FIG. 5, the progress in the vertical direction of the light 110L emitted from the light source 110A may vary according to a wavelength of the light 110L. Because the wavelength of the light 110L emitted from the light source 110A is determined by a control signal provided from the controller 150, the progress in the vertical direction of the light 110L may be controlled through the controller 150. [0057] For convenience of explanation, in FIG. 5, it is depicted that lights of first through fourth wavelengths λ1 through λ4 with different angles from each other are sequentially emitted from the light emitter 110 in response to control signals. However, a further number of lights having different wavelengths with different angles may be sequentially emitted from the light emitter 110 in response to control signals.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Josefsson and Srimohanarajah with the known use of different wavelengths signalled to motion capture sensors as taught by Hwang in order to improve motion capture in the system [See Hwang].
Claim 15 lists all the same elements of claim 6, but in system form rather than method form. Therefore, the supporting rationale of the rejection to claim 6 applies equally as well to claim 15.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josefsson in view of Srimohanarajah in further view of Hwang in even further view of Qin et al. (Hereafter, “Qin”) [US 10,585,441 B2].
In regards to claim 7, the limitations of claim 6 have been addressed. Josefsson fails to explicitly disclose further comprising determining environmental conditions by the trigger unit, wherein the first wavelength of energy is selected by the trigger unit based on a determined first environmental condition and the second wavelength of energy is selected based on a determined second environmental condition.
Qin discloses further comprising determining environmental conditions by the trigger unit, wherein the first wavelength of energy is selected by the trigger unit based on a determined first environmental condition and the second wavelength of energy is selected based on a determined second environmental condition ([Col. 1 and 2] sensing, by the sensor module, data related to an ambient environment associated with the aerial system; and, controlling, by the processing system, a controllable parameter of the lift mechanism or the emitter as a function of the sensed data [Col. 9] The emitted light may be narrow band, wide band, hyperspectral, multispectral, or have any other suitable set of wavelengths. However, the emitted light may have any suitable parameter. Parameters of the light source that may be controlled include: flux, intensity, illuminance, luminance, wavelength (e.g., saturation, hue, excitation purity, etc.), or any other suitable parameter. The combination of an optical sensor (e.g., camera) and one or more light emitters 18 may form a vision location system, image recordation system, depth mapping system, or any other suitable light-based sensing module.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Josefsson and Srimohanarajah with the known use of an environment sensor to adjust parameters of an emitter such as the wavelength as taught by Qin in order to improve signal capture in the system [See Qin].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Josefsson in view of Srimohanarajah in further view of Qin.
In regards to claim 12, the limitations of claim 9 have been addressed. Josefsson fails to explicitly disclose wherein the trigger unit further comprises: a condition sensor that senses one or more characteristics of an environment; and a processor to execute logic to perform operations including: determining an environmental condition based on the one or more characteristics; and selecting a wavelength of the control energy pulses based on the environmental condition.
Qin discloses wherein the trigger unit further comprises: a condition sensor that senses one or more characteristics of an environment; and a processor to execute logic to perform operations including: determining an environmental condition based on the one or more characteristics; and selecting a wavelength of the control energy pulses based on the environmental condition ([Col. 1 and 2] sensing, by the sensor module, data related to an ambient environment associated with the aerial system; and, controlling, by the processing system, a controllable parameter of the lift mechanism or the emitter as a function of the sensed data [Col. 9] The emitted light may be narrow band, wide band, hyperspectral, multispectral, or have any other suitable set of wavelengths. However, the emitted light may have any suitable parameter. Parameters of the light source that may be controlled include: flux, intensity, illuminance, luminance, wavelength (e.g., saturation, hue, excitation purity, etc.), or any other suitable parameter. The combination of an optical sensor (e.g., camera) and one or more light emitters 18 may form a vision location system, image recordation system, depth mapping system, or any other suitable light-based sensing module.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Josefsson and Srimohanarajah with the known use of an environment sensor to adjust parameters of an emitter such as the wavelength as taught by Qin in order to improve signal capture in the system [See Qin].
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kaitlin A Retallick whose telephone number is (571)270-3841. The examiner can normally be reached Monday-Friday 8am-5pm.
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/KAITLIN A RETALLICK/Primary Examiner, Art Unit 2482