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 .
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.
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.
Claims 21-22, 24, & 39-40 are rejected under 35 U.S.C. 103 as being unpatentable over Malackowski et al (US20200100849A1; hereinafter referred to as Malackowski) in view of Richardson (US20130021486A1) and further in view of Kobuko et al (US20060256207A1; hereinafter referred to as Kobuko).
Regarding Claim 21, Malackowski discloses a navigation system for optimizing tracking of a surgical instrument in a surgical workspace (“The navigation system 20 is shown in a surgical setting such as an operating room of a medical facility. The navigation system 20 is set up to track movement of various objects in the operating room. Such objects include, for example, a surgical instrument 22” [0064]), the navigation system comprising:
a tracker attached to the surgical instrument in the surgical workspace and including a predefined geometry of passive markers for tracking a pose of the tracker in the surgical workspace (“An instrument tracker 48 is firmly attached to the surgical instrument 22. The instrument tracker 48 may be integrated into the surgical instrument 22 during manufacture or may be separately mounted to the surgical instrument 22 in preparation for the surgical procedures.” [0072] “the trackers 44, 46, 48 are active trackers. In this embodiment, each tracker 44, 46, 48 has at least three active tracking elements or markers 50 for transmitting light signals to the optical sensors 40.” [0076], “the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078];
a localizer camera including a light source configured to emit a light signal for illuminating the passive markers (“A localizer 34 communicates with the navigation computer 26. In the embodiment shown, the localizer 34 is an optical localizer and includes a camera unit 36 (also referred to as a sensing device). The camera unit 36 has an outer casing 38 that houses one or more optical position sensors 40. In some embodiments at least two optical sensors 40 are employed, preferably three. The optical sensors 40 may be three separate charge-coupled devices (CCD).” [0066] “the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078],
and a controller communicatively coupled to the localizer camera (“A localizer 34 communicates with the navigation computer 26” [0066]), the controller being configured to:
track a pose of the tracker in the surgical workspace based on second image data of the tracker generated by the localizer camera (“The localization engine 100 forwards the signals representative of the poses of trackers 44, 46, 48 to a coordinate transformer 102. Coordinate transformer 102 is a navigation system software module that runs on navigation processor 52. Coordinate transformer 102 references the data that defines the relationship between the pre-operative images of the patient and the patient trackers 44, 46. Coordinate transformer 102 also stores the data indicating the pose of the working end of the surgical instrument 22 relative to the instrument tracker 48.” [0096], “the coordinate transformer 102 receives the data indicating the relative poses of the trackers 44, 46, 48 to the localizer 34. Based on these data and the previously loaded data, the coordinate transformer 102 generates data indicating the relative position and orientation of both the coordinate system EAPP, and the bone coordinate systems, FBONE and TBONE to the localizer coordinate system LCLZ.” [0097], “As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098]).
and generate guidance for maneuvering the surgical instrument to treat patient tissue based on the tracked pose of the tracker (“As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098]).
Malackowski does not specifically disclose that the localizer camera configured to generate first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source; acquire a characteristic of each blob of the generated first image data, each of the acquired characteristics being of a first type of blob characteristic; compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjust at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Richardson teaches a motion capture system includes motion capture cameras positioned in various locations and orientations with respect to a motion capture volume [Abstract].
Richardson also teaches that the localizer camera configured to generate first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source (“The motion capture camera 200 may include a light source 204 that is configured to outwardly direct light in a direction that is substantially coaxially aligned with an axis extending perpendicularly outward from an image sensor 216. Since the light source is substantially coaxially aligned with the motion capture camera 200, incident light from the light source 204 is reflected by passive markers (e.g., markers 106 shown in FIG. 1) back to the image sensor 216 so that light received at the image sensor 216 from the passive markers appears enhanced relative to light received from other positions/directions.” [0022]);
acquire a characteristic of each blob of the generated first image data, each of the acquired characteristics being of a first type of blob characteristic (“the controller 220 may be configured to switch to the marker-tracking mode by controlling the switching mechanism 212 to position the marker-tracking optical filter 208 to relatively enhance light from the markers received at the image sensor 216. Correspondingly, during the marker tracking-mode, the controller 220 may adjust various operating parameters of the motion capture camera to enhance light received from the markers. For example, the controller may reduce the exposure time and/or increase the frame rate to enhance the brightness of markers relative to other objects in the scene. Further, the controller 220 may perform marker-tracking analysis operations, such as brightness thresholding or marker interpolation to identify a position of the markers in the scene.” [0031]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Malackowski as outlined above with the localizer camera configured to generate first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source; acquire a characteristic of each blob of the generated first image data, each of the acquired characteristics being of a first type of blob characteristic as taught by Richardson, because can significantly simplify configuration and operation of the motion capture system [0005].
Malackowski in view of Richardson does not specifically teach compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjust at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Kokubo teaches an automatic gain control circuit generates, based on comparison between an average brightness of brightness data output for each frame from an image sensor and a target brightness [Abstract].
Kokubo also teaches compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic (“Many camera systems using an image sensor (CCD or CMOS) are provided with an AGC function for automatically correcting exposure in accordance with the brightness of a subject that is to be imaged. The AGC function calculates the brightness of the image and corrects exposure based on the difference between the calculated brightness and the target brightness. The exposure adjustment is enabled by adjusting the gain of an amplifier, which amplifies an output signal of an imaging device, or by adjusting the exposure time. The AGC function is required to perform the exposure adjustment operation in a smoother manner and increase the exposure adjustment range.” [0003], “The exposure control circuit 11 receives the average brightness Y1, which is provided from the divider 10, and a target brightness T, which is set in advance in a storage unit, such as a register. Then, based on the difference between the target brightness T and the average brightness Y1 the exposure control circuit 11 provides the amplifier 3 with a gain adjustment signal A1, the timing control circuit 5 with an integration (exposure) time adjustment signal A2, and the frequency division circuit 6 with a frequency division ratio setting signal A3.” [0011]);
based on the comparison, adjust at least one optical parameter of the localizer camera (“The amplifier 3 adjusts the gain based on the gain adjustment signal A1. The timing control circuit 5 adjusts the integration time, which is the time interval between the reset signal and read signal provided to each element, based on the integration (exposure) time adjustment signal A2. The frequency division circuit 6 sets the frequency division ratio based on the frequency division ratio setting signal A3.” [0012])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson as outlined above with compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjust at least one optical parameter of the localizer camera as taught by Kokubo, because perform the exposure adjustment operation in a smoother manner and increase the exposure adjustment range [0003].
Regarding Claim 22, Malackowski discloses all limitations noted above except that the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison by being configured to adjust an intensity of the light signal emitted from the light source to illuminate the passive markers based on the comparison.
However, in a similar field of endeavor, Richardson teaches adjust an intensity of the light signal emitted from the light source to illuminate (“the light source 204 takes the form of a light emitting diode (LED) ring that surrounds a lens 206 of the motion capture camera 200. The LED ring 204 may be selectively illuminated to adjust a signal-to-noise ratio of an image detected by the motion capture camera 200. Specifically, the LED ring 204 may be illuminated to increase the noise floor of the signal-to-noise ratio to increase the brightness of passive markers relative to other objects in the scene in order to more easily identify the markers.” [0023])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski as outlined above with the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison by being configured to adjust an intensity of the light signal emitted from the light source to illuminate the passive markers based on the comparison as taught by Kokubo, because it would allow for more easily identifiable markers [0023].
Malackowski in view of Richardson does not specifically teach that the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison.
However, in a similar endeavor, Kokubo teaches that the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison (“The exposure control circuit 11 receives the average brightness Y1, which is provided from the divider 10, and a target brightness T, which is set in advance in a storage unit, such as a register. Then, based on the difference between the target brightness T and the average brightness Y1 the exposure control circuit 11 provides the amplifier 3 with a gain adjustment signal A1, the timing control circuit 5 with an integration (exposure) time adjustment signal A2, and the frequency division circuit 6 with a frequency division ratio setting signal A3.” [0011], “The automatic gain control circuit includes an exposure control circuit for adjusting a blanking time of each frame, and outputting, as the frame rate adjustment signal, a maximum integration time adjustment signal for switching a maximum integration time of the image sensor.” [0030]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson as outlined above with the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison as taught by Kokubo, because it allows for the exposure adjustment operation in a smoother manner and increase the exposure adjustment range [0003].
Regarding Claim 24, Malackowski in view of Richardson discloses all limitations noted above except that the controller is configured to: combine the acquired characteristics to form a combined blob characteristic; compare the combined blob characteristic to the optimal characteristic to determine whether the combined blob characteristic is suboptimal; and responsive to determining that the combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Kokubo teaches that the controller is configured to: combine the acquired characteristics to form a combined blob characteristic; compare the combined blob characteristic to the optimal characteristic to determine whether the combined blob characteristic is suboptimal; and responsive to determining that the combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera (“The adder 8 receives the brightness data BD from the AD converter 4. Then, the adder 8, the flip-flop circuit 9, and the divider 10 operate to calculate an average brightness Y1 for each frame. Such operations are performed in synchronization with the operation of the image sensor block 1 based on the horizontal/vertical synchronization signal HV, which is provided from the image sensor block 1.” [0010], “The exposure control circuit 11 receives the average brightness Y1, which is provided from the divider 10, and a target brightness T, which is set in advance in a storage unit, such as a register. Then, based on the difference between the target brightness T and the average brightness Y1 the exposure control circuit 11 provides the amplifier 3 with a gain adjustment signal A1, the timing control circuit 5 with an integration (exposure) time adjustment signal A2, and the frequency division circuit 6 with a frequency division ratio setting signal A3.” [0011]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson as outlined above with the controller is configured to: combine the acquired characteristics to form a combined blob characteristic; compare the combined blob characteristic to the optimal characteristic to determine whether the combined blob characteristic is suboptimal; and responsive to determining that the combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera as taught by Kokubo, because it allows for the exposure adjustment operation in a smoother manner and increase the exposure adjustment range [0003].
Regarding Claim 39, Malackowski discloses a method for optimizing tracking of a surgical instrument in a surgical workspace with a navigation system including a localizer camera with a light source (“The navigation system 20 is shown in a surgical setting such as an operating room of a medical facility. The navigation system 20 is set up to track movement of various objects in the operating room. Such objects include, for example, a surgical instrument 22” [0064], “A localizer 34 communicates with the navigation computer 26. In the embodiment shown, the localizer 34 is an optical localizer and includes a camera unit 36 (also referred to as a sensing device). The camera unit 36 has an outer casing 38 that houses one or more optical position sensors 40. In some embodiments at least two optical sensors 40 are employed, preferably three. The optical sensors 40 may be three separate charge-coupled devices (CCD).” [0066] “the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078]), the method comprising:
attaching a tracker including a predefined geometry of passive markers to the surgical instrument (“An instrument tracker 48 is firmly attached to the surgical instrument 22. The instrument tracker 48 may be integrated into the surgical instrument 22 during manufacture or may be separately mounted to the surgical instrument 22 in preparation for the surgical procedures.” [0072] “the trackers 44, 46, 48 are active trackers. In this embodiment, each tracker 44, 46, 48 has at least three active tracking elements or markers 50 for transmitting light signals to the optical sensors 40.” [0076], “the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078];
emitting a light signal from the light source (“A localizer 34 communicates with the navigation computer 26. In the embodiment shown, the localizer 34 is an optical localizer and includes a camera unit 36 (also referred to as a sensing device). The camera unit 36 has an outer casing 38 that houses one or more optical position sensors 40. In some embodiments at least two optical sensors 40 are employed, preferably three. The optical sensors 40 may be three separate charge-coupled devices (CCD).” [0066] “the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078]),
tracking, by the controller, a pose of the tracker in the surgical workspace based on second image data of the tracker generated by the localizer camera (“A localizer 34 communicates with the navigation computer 26” [0066], “The localization engine 100 forwards the signals representative of the poses of trackers 44, 46, 48 to a coordinate transformer 102. Coordinate transformer 102 is a navigation system software module that runs on navigation processor 52. Coordinate transformer 102 references the data that defines the relationship between the pre-operative images of the patient and the patient trackers 44, 46. Coordinate transformer 102 also stores the data indicating the pose of the working end of the surgical instrument 22 relative to the instrument tracker 48.” [0096], “the coordinate transformer 102 receives the data indicating the relative poses of the trackers 44, 46, 48 to the localizer 34. Based on these data and the previously loaded data, the coordinate transformer 102 generates data indicating the relative position and orientation of both the coordinate system EAPP, and the bone coordinate systems, FBONE and TBONE to the localizer coordinate system LCLZ.” [0097], “As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098]).
and generating, by the controller, guidance for maneuvering the surgical instrument to treat patient tissue based on the tracked pose of the tracker (“As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098]).
Malackowski does not specifically disclose generating, by the localizer camera, first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source; acquiring, by a controller coupled to the localizer camera, a characteristic of each blob, each of the acquired characteristics being of a first type of blob characteristic; comparing, by the controller, the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjusting, by the controller, at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Richardson teaches a motion capture system includes motion capture cameras positioned in various locations and orientations with respect to a motion capture volume [Abstract].
Richardson also teaches generating, by the localizer camera, first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source (“The motion capture camera 200 may include a light source 204 that is configured to outwardly direct light in a direction that is substantially coaxially aligned with an axis extending perpendicularly outward from an image sensor 216. Since the light source is substantially coaxially aligned with the motion capture camera 200, incident light from the light source 204 is reflected by passive markers (e.g., markers 106 shown in FIG. 1) back to the image sensor 216 so that light received at the image sensor 216 from the passive markers appears enhanced relative to light received from other positions/directions.” [0022]);
acquiring, by a controller coupled to the localizer camera, a characteristic of each blob, each of the acquired characteristics being of a first type of blob characteristic (“the controller 220 may be configured to switch to the marker-tracking mode by controlling the switching mechanism 212 to position the marker-tracking optical filter 208 to relatively enhance light from the markers received at the image sensor 216. Correspondingly, during the marker tracking-mode, the controller 220 may adjust various operating parameters of the motion capture camera to enhance light received from the markers. For example, the controller may reduce the exposure time and/or increase the frame rate to enhance the brightness of markers relative to other objects in the scene. Further, the controller 220 may perform marker-tracking analysis operations, such as brightness thresholding or marker interpolation to identify a position of the markers in the scene.” [0031]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Malackowski as outlined above with generating, by the localizer camera, first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source; acquiring, by a controller coupled to the localizer camera, a characteristic of each blob, each of the acquired characteristics being of a first type of blob characteristic as taught by Richardson, because can significantly simplify configuration and operation of the motion capture system [0005].
Malackowski in view of Richardson does not specifically teach comparing, by the controller, the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjusting, by the controller, at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Kokubo teaches an automatic gain control circuit generates, based on comparison between an average brightness of brightness data output for each frame from an image sensor and a target brightness [Abstract].
Kokubo also teaches comparing, by the controller, the acquired characteristics to an optimal characteristic of the first type of blob characteristic (“Many camera systems using an image sensor (CCD or CMOS) are provided with an AGC function for automatically correcting exposure in accordance with the brightness of a subject that is to be imaged. The AGC function calculates the brightness of the image and corrects exposure based on the difference between the calculated brightness and the target brightness. The exposure adjustment is enabled by adjusting the gain of an amplifier, which amplifies an output signal of an imaging device, or by adjusting the exposure time. The AGC function is required to perform the exposure adjustment operation in a smoother manner and increase the exposure adjustment range.” [0003], “The exposure control circuit 11 receives the average brightness Y1, which is provided from the divider 10, and a target brightness T, which is set in advance in a storage unit, such as a register. Then, based on the difference between the target brightness T and the average brightness Y1 the exposure control circuit 11 provides the amplifier 3 with a gain adjustment signal A1, the timing control circuit 5 with an integration (exposure) time adjustment signal A2, and the frequency division circuit 6 with a frequency division ratio setting signal A3.” [0011]);
based on the comparison, adjusting, by the controller, at least one optical parameter of the localizer camera (“The amplifier 3 adjusts the gain based on the gain adjustment signal A1. The timing control circuit 5 adjusts the integration time, which is the time interval between the reset signal and read signal provided to each element, based on the integration (exposure) time adjustment signal A2. The frequency division circuit 6 sets the frequency division ratio based on the frequency division ratio setting signal A3.” [0012])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson as outlined above with comparing, by the controller, the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjusting, by the controller, at least one optical parameter of the localizer camera as taught by Kokubo, because perform the exposure adjustment operation in a smoother manner and increase the exposure adjustment range [0003].
Regarding Claim 40, Malackowski discloses A controller for optimizing tracking of a surgical instrument in a surgical workspace with a navigation system including a localizer camera with a light source and a tracker including a predefined geometry of passive markers attached to the surgical instrument (“The navigation system 20 is shown in a surgical setting such as an operating room of a medical facility. The navigation system 20 is set up to track movement of various objects in the operating room. Such objects include, for example, a surgical instrument 22” [0064], “A localizer 34 communicates with the navigation computer 26. In the embodiment shown, the localizer 34 is an optical localizer and includes a camera unit 36 (also referred to as a sensing device). The camera unit 36 has an outer casing 38 that houses one or more optical position sensors 40. In some embodiments at least two optical sensors 40 are employed, preferably three. The optical sensors 40 may be three separate charge-coupled devices (CCD).” [0066], “An instrument tracker 48 is firmly attached to the surgical instrument 22. The instrument tracker 48 may be integrated into the surgical instrument 22 during manufacture or may be separately mounted to the surgical instrument 22 in preparation for the surgical procedures.” [0072] “the trackers 44, 46, 48 are active trackers. In this embodiment, each tracker 44, 46, 48 has at least three active tracking elements or markers 50 for transmitting light signals to the optical sensors 40.” [0076], “the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078]), the controller comprising:
at least one processor; and at least one memory device storing computer-executable instructions that, upon execution by the at least one processor, causes the at least one processor to:trigger the localizer camera to emit a light signal a light signal from the light source (“A localizer 34 communicates with the navigation computer 26. In the embodiment shown, the localizer 34 is an optical localizer and includes a camera unit 36 (also referred to as a sensing device). The camera unit 36 has an outer casing 38 that houses one or more optical position sensors 40. In some embodiments at least two optical sensors 40 are employed, preferably three. The optical sensors 40 may be three separate charge-coupled devices (CCD).” [0066] “the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078]),
track a pose of the tracker in the surgical workspace based on second image data of the tracker generated by the localizer camera (“A localizer 34 communicates with the navigation computer 26” [0066], “The localization engine 100 forwards the signals representative of the poses of trackers 44, 46, 48 to a coordinate transformer 102. Coordinate transformer 102 is a navigation system software module that runs on navigation processor 52. Coordinate transformer 102 references the data that defines the relationship between the pre-operative images of the patient and the patient trackers 44, 46. Coordinate transformer 102 also stores the data indicating the pose of the working end of the surgical instrument 22 relative to the instrument tracker 48.” [0096], “the coordinate transformer 102 receives the data indicating the relative poses of the trackers 44, 46, 48 to the localizer 34. Based on these data and the previously loaded data, the coordinate transformer 102 generates data indicating the relative position and orientation of both the coordinate system EAPP, and the bone coordinate systems, FBONE and TBONE to the localizer coordinate system LCLZ.” [0097], “As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098]).
and generate guidance for maneuvering the surgical instrument to treat patient tissue based on the tracked pose of the tracker (“As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098]).
Malackowski does not specifically disclose receive, from the localizer camera, first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source; acquire a characteristic of each blob, each of the acquired characteristics being of a first type of blob characteristic; compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjust at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Richardson teaches a motion capture system includes motion capture cameras positioned in various locations and orientations with respect to a motion capture volume [Abstract].
Richardson also teaches receive, from the localizer camera, first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source (“The motion capture camera 200 may include a light source 204 that is configured to outwardly direct light in a direction that is substantially coaxially aligned with an axis extending perpendicularly outward from an image sensor 216. Since the light source is substantially coaxially aligned with the motion capture camera 200, incident light from the light source 204 is reflected by passive markers (e.g., markers 106 shown in FIG. 1) back to the image sensor 216 so that light received at the image sensor 216 from the passive markers appears enhanced relative to light received from other positions/directions.” [0022]);
acquire a characteristic of each blob, each of the acquired characteristics being of a first type of blob characteristic (“the controller 220 may be configured to switch to the marker-tracking mode by controlling the switching mechanism 212 to position the marker-tracking optical filter 208 to relatively enhance light from the markers received at the image sensor 216. Correspondingly, during the marker tracking-mode, the controller 220 may adjust various operating parameters of the motion capture camera to enhance light received from the markers. For example, the controller may reduce the exposure time and/or increase the frame rate to enhance the brightness of markers relative to other objects in the scene. Further, the controller 220 may perform marker-tracking analysis operations, such as brightness thresholding or marker interpolation to identify a position of the markers in the scene.” [0031]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Malackowski as outlined above with receive, from the localizer camera, first image data indicating a blob for each of the passive markers generated from a reflection by the passive marker of the light signal emitted from the light source; acquire a characteristic of each blob, each of the acquired characteristics being of a first type of blob characteristic as taught by Richardson, because can significantly simplify configuration and operation of the motion capture system [0005].
Malackowski in view of Richardson does not specifically teach compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjust at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Kokubo teaches an automatic gain control circuit generates, based on comparison between an average brightness of brightness data output for each frame from an image sensor and a target brightness [Abstract].
Kokubo also teaches compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic (“Many camera systems using an image sensor (CCD or CMOS) are provided with an AGC function for automatically correcting exposure in accordance with the brightness of a subject that is to be imaged. The AGC function calculates the brightness of the image and corrects exposure based on the difference between the calculated brightness and the target brightness. The exposure adjustment is enabled by adjusting the gain of an amplifier, which amplifies an output signal of an imaging device, or by adjusting the exposure time. The AGC function is required to perform the exposure adjustment operation in a smoother manner and increase the exposure adjustment range.” [0003], “The exposure control circuit 11 receives the average brightness Y1, which is provided from the divider 10, and a target brightness T, which is set in advance in a storage unit, such as a register. Then, based on the difference between the target brightness T and the average brightness Y1 the exposure control circuit 11 provides the amplifier 3 with a gain adjustment signal A1, the timing control circuit 5 with an integration (exposure) time adjustment signal A2, and the frequency division circuit 6 with a frequency division ratio setting signal A3.” [0011]);
based on the comparison, adjust at least one optical parameter of the localizer camera (“The amplifier 3 adjusts the gain based on the gain adjustment signal A1. The timing control circuit 5 adjusts the integration time, which is the time interval between the reset signal and read signal provided to each element, based on the integration (exposure) time adjustment signal A2. The frequency division circuit 6 sets the frequency division ratio based on the frequency division ratio setting signal A3.” [0012])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson as outlined above with compare the acquired characteristics to an optimal characteristic of the first type of blob characteristic; based on the comparison, adjust at least one optical parameter of the localizer camera as taught by Kokubo, because perform the exposure adjustment operation in a smoother manner and increase the exposure adjustment range [0003].
Claims 23, 31-32 & 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Malackowski in view of Richardson and further in view of Kobuko as applied to Claim 21 above, and further in view of Kimura (US20190297241A1).
Regarding Claim 23, Malackowski discloses the controller is configured to illuminate the passive markers (“the trackers 44, 46, 48 may have passive markers (not shown), such as reflectors that reflect light emitted from the camera unit 36. The reflected light is then received by the optical sensors 40. Active and passive marker arrangements are well known in the art.” [0078]).
Malackowski in view of Richardson and further in view of Kobuko does not specifically teach the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a duration of the light signal emitted from the light source to illuminate the scene based on the comparison.
However, in a similar field of endeavor, Kimura teaches a camera that acquires a first image of an object in a field of view of the camera [Abstract].
Kimura also teaches the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a duration of the light signal emitted from the light source to illuminate the scene based on the comparison (“The controller 406 may also control the duration for which the LED 416 illuminates the object 414, as well as the timing with which the LED 416 illuminates the object 414. For instance, the controller 406 may control the duration of pulses emitted by the LED 416, as discussed in further detail below.” [0052])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kobuko as outlined above with the controller is configured to adjust at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a duration of the light signal emitted from the light source to illuminate the scene based on the comparison as taught by Kimura, because the emission time of the lasers may be shortened to minimize the risk, and the exposure time of the light receiving system may also be shortened to reduce ambient light [0023].
Regarding Claim 31, Malackowski in view of Richardson and further in view of Kobuko discloses all limitations noted above except that the controller is configured to: trigger the localizer camera to emit light signals from the light source having varying characteristics; receive an instance of image data generated by the localizer camera for each of the emitted light signals that indicates a blob for each of the passive markers generated from a reflection by the passive marker of the emitted light signal; compare the blobs of the image data instances to the optimal characteristic to determine which of the image data instances is closest to optimal; responsive to determining the image data instance closest to optimal, assign the characteristics of the emitted light signal corresponding to the instance of received image data to the tracker; and track the pose of the tracker in the surgical workspace by triggering the localizer camera to emit the light signal with the light signal characteristics assigned to the tracker.
However, in a similar field of endeavor, Kimura teaches the controller is configured to: trigger the localizer camera to emit light signals from the light source having varying characteristics; receive an instance of image data generated by the localizer camera for each of the emitted light signals that indicates a blob for each of the passive markers generated from a reflection by the passive marker of the emitted light signal; compare the blobs of the image data instances to the optimal characteristic to determine which of the image data instances is closest to optimal; responsive to determining the image data instance closest to optimal, assign the characteristics of the emitted light signal corresponding to the instance of received image data to the tracker; and track the pose of the tracker in the surgical workspace by triggering the localizer camera to emit the light signal with the light signal characteristics assigned to the tracker (“uring a first frame f1, a first camera exposure of a first duration d1 may be employed to acquire information for three-dimensional distance measurement. Then, during a subsequent second frame f2, a second camera exposure of a second duration d2 (longer than the duration of the first camera exposure, i.e., d2>d1) may be employed to acquire a two-dimensional image. During a third frame f3 and subsequent oddly numbered frames f5, f7, etc., the first duration d1 is again employed for the exposure to acquire additional information for three-dimensional distance measurement. During a fourth frame f4 and subsequent evenly numbered frames f6, etc., the second duration d2 is again employed for the exposure to acquire additional two-dimensional images, and so on.” [0068], “in another example, steps 508 and 516 of FIG. 5 can be modified so that the processing system instructs the camera to capture a first plurality of (e.g., n) images and a second plurality of (e.g., n) images, respectively. Thus, during each pulse or emission of the illumination source or the pattern projection, a plurality of images may be captured.” [0073])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kobuko as outlined above with the controller is configured to: trigger the localizer camera to emit light signals from the light source having varying characteristics; receive an instance of image data generated by the localizer camera for each of the emitted light signals that indicates a blob for each of the passive markers generated from a reflection by the passive marker of the emitted light signal; compare the blobs of the image data instances to the optimal characteristic to determine which of the image data instances is closest to optimal; responsive to determining the image data instance closest to optimal, assign the characteristics of the emitted light signal corresponding to the instance of received image data to the tracker; and track the pose of the tracker in the surgical workspace by triggering the localizer camera to emit the light signal with the light signal characteristics assigned to the tracker as taught by Kimura, because the emission time of the lasers may be shortened to minimize the risk, and the exposure time of the light receiving system may also be shortened to reduce ambient light [0023].
Regarding Claim 32, Malackowski discloses that the controller is configured to: track the pose of the tracker in the surgical workspace (“The localization engine 100 forwards the signals representative of the poses of trackers 44, 46, 48 to a coordinate transformer 102. Coordinate transformer 102 is a navigation system software module that runs on navigation processor 52. Coordinate transformer 102 references the data that defines the relationship between the pre-operative images of the patient and the patient trackers 44, 46. Coordinate transformer 102 also stores the data indicating the pose of the working end of the surgical instrument 22 relative to the instrument tracker 48.” [0096], “the coordinate transformer 102 receives the data indicating the relative poses of the trackers 44, 46, 48 to the localizer 34. Based on these data and the previously loaded data, the coordinate transformer 102 generates data indicating the relative position and orientation of both the coordinate system EAPP, and the bone coordinate systems, FBONE and TBONE to the localizer coordinate system LCLZ.” [0097], “As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098])
Malackowski in view of Richardson and further in view of Kobuko does not specifically disclose that based on the comparison of the acquired characteristics to the optimal characteristic, adjust the light signal characteristics assigned to the tracker; and triggering the localizer camera to emit the light signal with the adjusted light signal characteristics assigned to the tracker.
However, in a similar field of endeavor, Kimura teaches that based on the comparison of the acquired characteristics to the optimal characteristic, adjust the light signal characteristics assigned to the tracker; and triggering the localizer camera to emit the light signal with the adjusted light signal characteristics assigned to the tracker (“during a first frame f1, a first camera exposure of a first duration d1 may be employed to acquire information for three-dimensional distance measurement. Then, during a subsequent second frame f2, a second camera exposure of a second duration d2 (longer than the duration of the first camera exposure, i.e., d2>d1) may be employed to acquire a two-dimensional image. During a third frame f3 and subsequent oddly numbered frames f5, f7, etc., the first duration d1 is again employed for the exposure to acquire additional information for three-dimensional distance measurement. During a fourth frame f4 and subsequent evenly numbered frames f6, etc., the second duration d2 is again employed for the exposure to acquire additional two-dimensional images, and so on.” [0068], “in another example, steps 508 and 516 of FIG. 5 can be modified so that the processing system instructs the camera to capture a first plurality of (e.g., n) images and a second plurality of (e.g., n) images, respectively. Thus, during each pulse or emission of the illumination source or the pattern projection, a plurality of images may be captured.” [0073])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kobuko as outlined above with based on the comparison of the acquired characteristics to the optimal characteristic, adjust the light signal characteristics assigned to the tracker; and triggering the localizer camera to emit the light signal with the adjusted light signal characteristics assigned to the tracker as taught by Kimura, because the emission time of the lasers may be shortened to minimize the risk, and the exposure time of the light receiving system may also be shortened to reduce ambient light [0023].
Regarding Claim 36, Malackowski in view of Richardson and further in view of Kobuko discloses all limitations noted above except that the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust an electronic aperture time of the localizer camera based on the comparison.
However, in a similar field of endeavor, Kimura teaches that the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust an electronic aperture time of the localizer camera based on the comparison (“the controller 106 may control the exposure time of the camera 102 (e.g., the duration for which the camera's shutter is open), and the timing with which the camera 102 captures images (including images of the object 114). As discussed in further detail below, the controller 106 may set two separate exposure durations for the camera 102: a first exposure duration during which an image of the object 114 is captured at the same time that the pattern projector 108 projects a pattern onto the object 114 (e.g., for three-dimensional distance sensing), and a second exposure duration during which an image of the object 114 is captured at a time when the pattern projector 108 does not project a pattern onto the object 114 (e.g., for two-dimensional image acquisition). In one example, the controller 106 may alternate between the first exposure duration and the second exposure duration.” [0030])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kobuko as outlined above with the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust an electronic aperture time of the localizer camera based on the comparison as taught by Kimura, because the emission time of the lasers may be shortened to minimize the risk, and the exposure time of the light receiving system may also be shortened to reduce ambient light [0023].
Regarding Claim 37, Malackowski in view of Richardson and further in view of Kobuko discloses all limitations noted above except that the localizer camera includes a mechanical shutter, and the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a shutter time of the mechanical shutter based on the comparison.
However, in a similar field of endeavor, Kimura teaches that the localizer camera includes a mechanical shutter, and the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a shutter time of the mechanical shutter based on the comparison (“the controller 106 may control the exposure time of the camera 102 (e.g., the duration for which the camera's shutter is open), and the timing with which the camera 102 captures images (including images of the object 114). As discussed in further detail below, the controller 106 may set two separate exposure durations for the camera 102: a first exposure duration during which an image of the object 114 is captured at the same time that the pattern projector 108 projects a pattern onto the object 114 (e.g., for three-dimensional distance sensing), and a second exposure duration during which an image of the object 114 is captured at a time when the pattern projector 108 does not project a pattern onto the object 114 (e.g., for two-dimensional image acquisition). In one example, the controller 106 may alternate between the first exposure duration and the second exposure duration.” [0030])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kobuko as outlined above with the localizer camera includes a mechanical shutter, and the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a shutter time of the mechanical shutter based on the comparison as taught by Kimura, because the emission time of the lasers may be shortened to minimize the risk, and the exposure time of the light receiving system may also be shortened to reduce ambient light [0023].
Claims 25 are rejected under 35 U.S.C. 103 as being unpatentable over Malackowski in view of Richardson and further in view of Kobuko as applied to Claim 24 above, and further in view of Chen et al (US9894285B1; hereinafter referred to Chen).
Regarding Claim 25, Malackowski in view of Richardson discloses all limitations noted above except that the acquired characteristics are defined as acquired first characteristics, the combined blob characteristic is defined as a first combined blob characteristic, the optimal characteristic is defined as a first optimal characteristic, and the controller is configured to: compare the first combined blob characteristic to the first optimal characteristic to determine whether the first combined blob characteristic is suboptimal; responsive to determining that the first combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera; and responsive to determining that the first combined blob characteristic is not suboptimal based on the comparison: acquire a second characteristic of each blob, each of the acquired second characteristics being of a second type of blob characteristic; combine the acquired second characteristics to form a second combined blob characteristic; compare the second combined blob characteristic to a second optimal characteristic of the second type of blob characteristic to determine whether the second combined blob characteristic is suboptimal; and responsive to determining that the second combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Kobuko teaches the acquired characteristics are defined as acquired first characteristics, the combined blob characteristic is defined as a first combined blob characteristic, the optimal characteristic is defined as a first optimal characteristic, and the controller is configured to: compare the first combined blob characteristic to the first optimal characteristic to determine whether the first combined blob characteristic is suboptimal; responsive to determining that the first combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera (“The exposure control circuit 11 receives the average brightness Y1, which is provided from the divider 10, and a target brightness T, which is set in advance in a storage unit, such as a register. Then, based on the difference between the target brightness T and the average brightness Y1 the exposure control circuit 11 provides the amplifier 3 with a gain adjustment signal A1, the timing control circuit 5 with an integration (exposure) time adjustment signal A2, and the frequency division circuit 6 with a frequency division ratio setting signal A3.” [0011], “The AGC circuit controls the average brightness Y1 so that it becomes equal to the target brightness T based on the gain adjustment signal A1, the integration time adjustment signal A2, and the frequency division ratio setting signal A3, which are provided from the exposure control circuit 11, when the average brightness Y1 and the target brightness T input to the exposure control circuit 11 differ from each other.” [0013])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson as outlined above with the acquired characteristics are defined as acquired first characteristics, the combined blob characteristic is defined as a first combined blob characteristic, the optimal characteristic is defined as a first optimal characteristic, and the controller is configured to: compare the first combined blob characteristic to the first optimal characteristic to determine whether the first combined blob characteristic is suboptimal; responsive to determining that the first combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera as taught by Kokubo, because it allows for the exposure adjustment operation in a smoother manner and increase the exposure adjustment range [0003].
Malackowski in view of Richardson and further in view of Kokubo does not specifically teach that responsive to determining that the first combined blob characteristic is not suboptimal based on the comparison: acquire a second characteristic of each blob, each of the acquired second characteristics being of a second type of blob characteristic; combine the acquired second characteristics to form a second combined blob characteristic; compare the second combined blob characteristic to a second optimal characteristic of the second type of blob characteristic to determine whether the second combined blob characteristic is suboptimal; and responsive to determining that the second combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Chen teaches real-time automated exposure adjustment of a camera using contrast entropy [Abstract].
Chen also teaches that responsive to determining that the first combined blob characteristic is not suboptimal based on the comparison: acquire a second characteristic of each blob, each of the acquired second characteristics being of a second type of blob characteristic; combine the acquired second characteristics to form a second combined blob characteristic; compare the second combined blob characteristic to a second optimal characteristic of the second type of blob characteristic to determine whether the second combined blob characteristic is suboptimal; and responsive to determining that the second combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera (“The present invention relates to a system for automatic exposure adjustment of an image sensor and, more particularly, to a system for automatic exposure adjustment of an image sensor using contrast entropy. The system comprises one or more processors and a memory having instructions such that when the instructions are executed, the one or more processors perform multiple operations. The system captures a plurality of images using an image sensor, each of the images is captured at a distinct exposure value.” [Pg. 10 Col. 2 Lines 21-27], “the exposure value is adjusted quickly when its corresponding contrast entropy value is not close to a maximal value Emax.” [Pg. 10 Col. 2 Lines 41-43])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kokubo as outlined above with responsive to determining that the first combined blob characteristic is not suboptimal based on the comparison: acquire a second characteristic of each blob, each of the acquired second characteristics being of a second type of blob characteristic; combine the acquired second characteristics to form a second combined blob characteristic; compare the second combined blob characteristic to a second optimal characteristic of the second type of blob characteristic to determine whether the second combined blob characteristic is suboptimal; and responsive to determining that the second combined blob characteristic is suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera as taught by Chen, because a continuing need exists for an auto exposure adjustment system that improves image quality and provides the ability to focus on a region of interest in an image [Pg. 10 Col. 2 Lines 14-17].
Claims 33-35 & 38 are rejected under 35 U.S.C. 103 as being unpatentable over Malackowski in view of Richardson and further in view of Kobuko as applied to Claim 24 above, and further in view of Chen et al (US9894285B1; hereinafter referred to Chen).
Regarding Claim 33, Malackowski discloses that the controller is configured to: determine positions of the passive markers of the tracker in the surgical workspace based on the first image data(“The localization engine 100 forwards the signals representative of the poses of trackers 44, 46, 48 to a coordinate transformer 102. Coordinate transformer 102 is a navigation system software module that runs on navigation processor 52. Coordinate transformer 102 references the data that defines the relationship between the pre-operative images of the patient and the patient trackers 44, 46. Coordinate transformer 102 also stores the data indicating the pose of the working end of the surgical instrument 22 relative to the instrument tracker 48.” [0096], “the coordinate transformer 102 receives the data indicating the relative poses of the trackers 44, 46, 48 to the localizer 34. Based on these data and the previously loaded data, the coordinate transformer 102 generates data indicating the relative position and orientation of both the coordinate system EAPP, and the bone coordinate systems, FBONE and TBONE to the localizer coordinate system LCLZ.” [0097], “As a result, coordinate transformer 102 generates data indicating the position and orientation of the working end of the surgical instrument 22 relative to the tissue (e.g., bone) against which the instrument working end is applied. Image signals representative of these data are forwarded to displays 28, 29 enabling the surgeon and staff to view this information. In certain embodiments, other signals representative of these data can be forwarded to the manipulator controller 54 to control the manipulator 56 and corresponding movement of the surgical instrument 22.” [0098]).
Malackowski in view of Richardson and further in view of Kobuko does not specifically teach that based on the determined positions of the passive markers, adjust the at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Wu teaches a marker recognition method [0006].
Wu also teaches that based on the determined positions of the passive markers, adjust the at least one optical parameter of the localizer camera (“an adjustment can be performed according to a correspondence between the imaging parameter and the target parameter, and the imaging parameter can also be increased or decreased to a target value according to a relationship between the imaging parameter and a preset threshold. For example, the imaging parameter is the illumination brightness of the light source of the terminal device or the illumination brightness of the marker, and the target parameter is the distance from the marker to the terminal device. The illumination brightness of the light source of the terminal device or the illumination brightness of the marker is directly proportional to the distance from the marker to the terminal device, and the illumination brightness of the light source of the terminal device or the illumination brightness of the marker can be adjusted according to a directly proportional relationship.” [0097]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kokubo as outlined above with based on the determined positions of the passive markers, adjust the at least one optical parameter of the localizer camera as taught by Wu, because it makes the brightness of the captured marker image be normal and improve an efficiency and accuracy of the marker recognition [0120].
Regarding Claim 34, Malackowski in view of Richardson and further in view of Kobuko discloses all limitations noted above except that the controller is configured to: compare the acquired characteristics of the blobs to the optimal characteristic to determine whether the blobs are suboptimal; and responsive to determining that the blobs are suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera based on the determined positions of the passive markers.
However, in a similar field of endeavor, Wu teaches the controller is configured to: compare the acquired characteristics of the blobs to the optimal characteristic to determine whether the blobs are suboptimal; and responsive to determining that the blobs are suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera based on the determined positions of the passive markers (“an adjustment can be performed according to a correspondence between the imaging parameter and the target parameter, and the imaging parameter can also be increased or decreased to a target value according to a relationship between the imaging parameter and a preset threshold. For example, the imaging parameter is the illumination brightness of the light source of the terminal device or the illumination brightness of the marker, and the target parameter is the distance from the marker to the terminal device. The illumination brightness of the light source of the terminal device or the illumination brightness of the marker is directly proportional to the distance from the marker to the terminal device, and the illumination brightness of the light source of the terminal device or the illumination brightness of the marker can be adjusted according to a directly proportional relationship.” [0097]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kokubo as outlined above with the controller is configured to: compare the acquired characteristics of the blobs to the optimal characteristic to determine whether the blobs are suboptimal; and responsive to determining that the blobs are suboptimal based on the comparison, adjust the at least one optical parameter of the localizer camera based on the determined positions of the passive markers as taught by Wu, because it makes the brightness of the captured marker image be normal and improve an efficiency and accuracy of the marker recognition [0120].
Regarding Claim 35, Malackowski in view of Richardson and further in view of Kobuko discloses all limitations noted above except that the controller is configured to adjust the at least one optical parameter of the localizer camera based on the determined positions of the passive markers by being configured to: determine an average distance between the passive markers and the localizer camera based on the determined positions of the passive markers; compare the determined average distance to a previously determined average distance between the passive markers and the localizer camera to determine a change in the average distance between the passive markers and the localizer camera; and based on the change in average distance, adjust the at least one optical parameter of the localizer camera.
However, in a similar field of endeavor, Wu teaches the controller is configured to adjust the at least one optical parameter of the localizer camera based on the determined positions of the passive markers by being configured to: determine an average distance between the passive markers and the localizer camera based on the determined positions of the passive markers; compare the determined average distance to a previously determined average distance between the passive markers and the localizer camera to determine a change in the average distance between the passive markers and the localizer camera; and based on the change in average distance, adjust the at least one optical parameter of the localizer camera (“an adjustment can be performed according to a correspondence between the imaging parameter and the target parameter, and the imaging parameter can also be increased or decreased to a target value according to a relationship between the imaging parameter and a preset threshold. For example, the imaging parameter is the illumination brightness of the light source of the terminal device or the illumination brightness of the marker, and the target parameter is the distance from the marker to the terminal device. The illumination brightness of the light source of the terminal device or the illumination brightness of the marker is directly proportional to the distance from the marker to the terminal device, and the illumination brightness of the light source of the terminal device or the illumination brightness of the marker can be adjusted according to a directly proportional relationship.” [0097], “the terminal device may pre-store a correspondence between the distance from the marker to the terminal device and the illumination brightness of the light source. After acquiring the distance from the marker to the terminal device, the corresponding target brightness can be found according to the correspondence. The correspondence can be a proportional relationship between the target brightness and the distance. That is, the greater the distance from the marker to the terminal device, the higher the target brightness.” [0111], “the imaging parameter such as the exposure time or the size of the aperture can be adjusted according to the distance from the marker to the terminal device. For example, the exposure time of the camera is adjusted according to a relationship in which the greater the distance from the marker to the terminal device, the longer the exposure time of the camera. For another example, the size of the aperture of the camera is adjusted according to a relationship in which the greater the distance from the marker to the terminal device, the greater the size of the aperture of the camera.” [0119]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kokubo as outlined above with the controller is configured to adjust the at least one optical parameter of the localizer camera based on the determined positions of the passive markers by being configured to: determine an average distance between the passive markers and the localizer camera based on the determined positions of the passive markers; compare the determined average distance to a previously determined average distance between the passive markers and the localizer camera to determine a change in the average distance between the passive markers and the localizer camera; and based on the change in average distance, adjust the at least one optical parameter of the localizer camera as taught by Wu, because it makes the brightness of the captured marker image be normal and improve an efficiency and accuracy of the marker recognition [0120].
Regarding Claim 38, Malackowski in view of Richardson and further in view of Kobuko discloses all limitations noted above except that the localizer camera includes a mechanical aperture, and the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a capture size of the mechanical aperture based on the comparison.
However, in a similar field of endeavor, Wu teaches the localizer camera includes a mechanical aperture, and the controller is configured to adjust the at least one optical parameter of the localizer camera based on the comparison by being configured to adjust a capture size of the mechanical aperture based on the comparison (“an adjustment can be performed according to a correspondence between the imaging parameter and the target parameter, and the imaging parameter can also be increased or decreased to a target value according to a relationship between the imaging parameter and a preset threshold. For example, the imaging parameter is the illumination brightness of the light source of the terminal device or the illumination brightness of the marker, and the target parameter is the distance from the marker to the terminal device. The illumination brightness of the light source of the terminal device or the illumination brightness of the marker is directly proportional to the distance from the marker to the terminal device, and the illumination brightness of the light source of the terminal device or the illumination brightness of the marker can be adjusted according to a directly proportional relationship.” [0097], “the terminal device may pre-store a correspondence between the distance from the marker to the terminal device and the illumination brightness of the light source. After acquiring the distance from the marker to the terminal device, the corresponding target brightness can be found according to the correspondence. The correspondence can be a proportional relationship between the target brightness and the distance. That is, the greater the distance from the marker to the terminal device, the higher the target brightness.” [0111], “the imaging parameter such as the exposure time or the size of the aperture can be adjusted according to the distance from the marker to the terminal device. For example, the exposure time of the camera is adjusted according to a relationship in which the greater the distance from the marker to the terminal device, the longer the exposure time of the camera. For another example, the size of the aperture of the camera is adjusted according to a relationship in which the greater the distance from the marker to the terminal device, the greater the size of the aperture of the camera.” [0119]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Malackowski in view of Richardson and further in view of Kokubo as outlined above with the controller is configured to adjust the at least one optical parameter of the localizer camera based on the determined positions of the passive markers by being configured to: determine an average distance between the passive markers and the localizer camera based on the determined positions of the passive markers; compare the determined average distance to a previously determined average distance between the passive markers and the localizer camera to determine a change in the average distance between the passive markers and the localizer camera; and based on the change in average distance, adjust the at least one optical parameter of the localizer camera as taught by Wu, because it makes the brightness of the captured marker image be normal and improve an efficiency and accuracy of the marker recognition [0120].
Allowable Subject Matter
Claims 26-30 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MALDONADO whose telephone number is 703-756-1421. The examiner can normally be reached 8:00 am-4:00 pm PST M-Th Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/SHAHDEEP MOHAMMED/Primary Examiner, Art Unit 3797
Prosecution Insights