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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/12/2024 has/have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 13 The term “hypothetical structured light intensities” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. See MPEP § 2173.05(d).For examination purpose, the term has been interpreted as predetermined structured light intensities.
Claims 2-12 and 14-20 are also rejected under 35 U.S.C. 112(b) as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 3, 5, 12-13, 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Umbdenstock et al (US 20220370150 A1), hereinafter Umbdenstock in view of Lepoittevin (WO 2023277789 A1), hereinafter Lepoittevin.
-Regarding claim 1, Umbdenstock discloses a tracking apparatus, comprising (Umbdenstock: Abstract; FIGS. 1-10B): a first camera (FIGS. 1-2, localizer camera 18, optical sensors 36), configured to capture a plurality of first continuous images in an environment over a time interval (FIGS. 1-2; [0075], “optical-based image data received from the localizer camera 18”; [0150], “generate image data”; FIG. 3, step 104; FIG. 8, step 206); a light emitting unit, configured to emit light to the environment (FIG.1, light source 58; FIG. 5; [0007], “a localizer camera including a light source configured to emit a light signal for illuminating the passive markers”; [0113]); and a processor, coupled to the first camera and the light emitting unit, and configured to execute the following operations (FIGS. 1-2, processor 24, camera 18, light source 58, optical sensor 36; FIG. 3, 8): calculating a plurality of tracking errors (FIG. 3, step 112; FIG. 6, step 212; [0037], “determining a difference between the acquired first characteristic of the first blob and the first optimal characteristic …”) under a plurality of hypothetical light intensities (FIG. 3, step 112, optimal characteristics; FIG. 8, step 212; [0025], “optimal blob intensity characteristic indicating an intensity value greater than or equal to 75% and less than or equal to 95% of a full scale intensity value of the localizer camera”) at a tracking time point ([0049]-[0050]; at the time the light signal characteristics assigned to the tracker) based on the first continuous images and a plurality of past light intensities (FIG. 1, step 112, acquired characteristics; FIG. 8, step 212) corresponding to the time interval (FIGS. 3, 8; time duration for adjusting light signal and acquired characteristics), wherein the tracking time point is later than the time interval (FIGS. 3, 8); determining an optimum light intensity based on a minimum error among the tracking errors (FIG. 3, step 114; FIG. 8, step 214); generating a first control signal to control the light emitting unit to emit the light with the optimum light intensity at the tracking time point ([0004], “compare the acquired characteristics to an optimal characteristic; and based on the comparison, communicate at least one control signal to the tracker that causes the tracker to adjust the light signal emitted from at least one of the active markers”; [0026]; [0073]; [0121]; [0169]); obtaining a tracking image captured at the tracking time point from the first camera; and tracking a pose of a first object based on the tracking image (FIG. 1-2; [0050], “tracking a pose of the tracker in the surgical workspace based on the light signal characteristics assigned to the tracker … receiving image data generated by the localizer camera corresponding to the emitted light signal having the light signal characteristics assigned to the tracker; and determining a pose of the tracker in the surgical workspace based on the received image data”; [0071]; [0077]; [0099]; [0140], “corresponding to … based on the optimal characteristics … configured to track a pose …”).
Umbdenstock does not disclose emitting structured light to the environment.
In the same field of endeavor, Lepoittevin teaches a method of calibrating a structured light imaging device by projecting a pattern of structured light onto a target, determining the pose of the device relative to the target using predetermined data specifying properties of the optical markers and an appearance of the markers in the captured image, rendering an image of the target and the pattern using the pose of the device, a 3D model of the scene and calibration data; and iteratively refining the rendered image until a substantial convergence is achieved between the rendered image and the captured image by adjusting the calibration data (Lepoittevin: Abstract; FIGS. 1-3). Lepoittevin further teaches emitting structured light to the environment (Lepoittevin: Abstract; FIGS. 1-3).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Umbdenstock with the teaching of Lepoittevin by using structured light in order to capture fine surface details and complex geometries with fast data acquisition.
-Regarding claim 13, Umbdenstock discloses tracking method, being adapted for use in an electronic apparatus, wherein the tracking method comprises the following steps (Umbdenstock: Abstract; FIGS. 1-10B): capturing a plurality of first continuous images in an environment over a time interval (FIGS. 1-2; [0075], “optical-based image data received from the localizer camera 18”; [0150], “generate image data”; FIG. 3, step 104; FIG. 8, step 206); calculating a plurality of tracking errors (FIG. 3, step 112; FIG. 6, step 212; [0037], “determining a difference between the acquired first characteristic of the first blob and the first optimal characteristic …”) under a plurality of hypothetical light intensities (FIG. 3, step 112, optimal characteristics; FIG. 8, step 212; [0025], “optimal blob intensity characteristic indicating an intensity value greater than or equal to 75% and less than or equal to 95% of a full scale intensity value of the localizer camera”) at a tracking time point ([0049]-[0050]; at the time the light signal characteristics assigned to the tracker) based on the first continuous images and a plurality of past light intensities (FIG. 1, step 112, acquired characteristics; FIG. 8, step 212) corresponding to the time interval (FIGS. 3, 8; time duration for adjusting light signal and acquired characteristics), wherein the tracking time point is later than the time interval (FIGS. 3, 8); determining an optimum light intensity based on a minimum error among the tracking errors (FIG. 3, step 114; FIG. 8, step 214); emitting structured light with the optimum structured light intensity at the tracking time point ([0004], “compare the acquired characteristics to an optimal characteristic; and based on the comparison, communicate at least one control signal to the tracker that causes the tracker to adjust the light signal emitted from at least one of the active markers”; [0026]; [0073]; [0121]; [0169]); and tracking a pose of a first object based on a tracking image captured at the tracking time point (FIG. 1-2; [0050], “tracking a pose of the tracker in the surgical workspace based on the light signal characteristics assigned to the tracker … receiving image data generated by the localizer camera corresponding to the emitted light signal having the light signal characteristics assigned to the tracker; and determining a pose of the tracker in the surgical workspace based on the received image data”; [0071]; [0077]; [0099]; [0140], “corresponding to … based on the optimal characteristics … configured to track a pose …”).
Umbdenstock does not disclose emitting structured light to the environment.
In the same field of endeavor, Lepoittevin teaches a method of calibrating a structured light imaging device by projecting a pattern of structured light onto a target, determining the pose of the device relative to the target using predetermined data specifying properties of the optical markers and an appearance of the markers in the captured image, rendering an image of the target and the pattern using the pose of the device, a 3D model of the scene and calibration data; and iteratively refining the rendered image until a substantial convergence is achieved between the rendered image and the captured image by adjusting the calibration data (Lepoittevin: Abstract; FIGS. 1-3). Lepoittevin further teaches emitting structured light to the environment (Lepoittevin: Abstract; FIGS. 1-3).
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to combine the teaching of Umbdenstock with the teaching of Lepoittevin by using structured light in order to capture fine surface details and complex geometries with fast data acquisition.
-Regarding claims 3 and 15, Umbdenstock in view of Lepoittevin teaches the tracking apparatus of claim 1 and the method of claim 13. The combination further teaches capturing a plurality of first continuous images in an environment over a time interval; calculating a plurality of tracking errors under a plurality of hypothetical structured light intensities at a tracking time point based on the first continuous images and a plurality of past structured light intensities corresponding to the time interval, wherein the tracking time point is later than the time interval; determining an optimum structured light intensity based on a minimum error among the tracking errors; emitting structured light with the optimum structured light intensity at the tracking time point; and tracking a pose of a first object based on a tracking image captured at the tracking time point (Umbdenstock: FIGS. 3, 8).
-Regarding claims 5 and 17, Umbdenstock in view of Lepoittevin teaches the tracking apparatus of claim 1 and the method of claim 13. The combination further teaches wherein the operation of determining the optimum structured light intensity further comprises: selecting a minimum loss from the tracking errors as the minimum error; and selecting one of the hypothetical structured light intensities corresponding to the minimum error as the optimum structured light intensity (Umbdenstock: FIGS. 3, 8).
-Regarding claims 12, Umbdenstock in view of Lepoittevin teaches the tracking apparatus of claim 1. The combination further teaches comprising: a storage, coupled to the processor, and configured to store the first continuous images; wherein the processor is further configured to execute the following operation: storing the tracking image into the storage as one of the first continuous images (Umbdenstock: FIG. 2; [0115]; [0121]; [0151]).
Allowable Subject Matter
Claims 2, 4, 6-11, 14, 16 and 18-20 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, and overcome claim rejections in the above section of “Claim Rejections - 35 USC § 112”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen et al (US 20220132042 A1) hereinafter Chen teaches a method for controlling shooting parameters of a camera tracking a movable object and controlling shooting parameters of a camera. Che further teaches determining a first on duration of a camera of the tracking device and a second on duration of a plurality of light emitting elements disposed on the movable object by adding a first guard time, turning on the light emitting elements based on the second on duration; and controlling the camera to capture a specific image of the light emitting elements in the first on duration and accordingly tracking the movable object.
Forster et al (US 20210208673 A1), hereinafter Forster teaches a method for tracking by capturing a first frame of the wearable device using a first exposure time, identifying a pattern of lights disposed on the wearable device in the first frame, capturing a second frame of the wearable device using a second exposure time, identifying predetermined features of the wearable device in the second frame, and adjusting the pose of the wearable device in the environment based on the identified pattern of light in the first frame or the identified predetermined features in the second frame.
Bleyer et al (US 10535151 B2), hereinafter Bleyer teaches a method for receiving an image of a scene illuminated by both a predetermined structured light pattern and a flood fill illumination, generating an active brightness image of the scene based on the received image of the scene including detecting a plurality of dots of the predetermined structured light pattern, and removing the plurality of dots of the predetermined structured light pattern from the active brightness image, and generating a depth map of the scene based on the received image and the active brightness image.
Chen (US 20220067949 A1), hereinafter Chen1 teaches an object tracking method by controlling an image-capturing device to capture a first image of a specific object, determining a first object pose of the specific object based on the at least one first light emitting element of the light emitting elements in the first image, obtaining at least one second light emitting element of the light emitting elements based on the first object pose.
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/XIAO LIU/Primary Examiner, Art Unit 2664
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