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A/N: So if there is anyone left reading this story that is a miracle. I can't believe how long I have taken to update, it is ridiculous. This is the very reason I normally finish writing stories before I publish them, so I don't keep people waiting. So if there is anyone who is still writing this story, I want to apologize.
I also apologize for the lameness of this chapter. I am trying to quickly end this story since I've lost all inspiration to finish it. Sorry about that.
Hannah stepped further into the room, her eyes looking only at Booth, as though Brennan and Angela were not even present.
Angela must have sensed the tension, because before anyone else could say a word, she stepped in front of the couple, her hands held up in surrender. "Please guys, not in here. Do not drag Temperance into your argument. You've put her through enough, and—"
"Angela you were right," Hannah interrupted softly, the words silencing her
"What?" The artist looked confused.
Hannah took in a breath before continuing. "You told me to wake up and see, and I did. I don't know how I've allowed myself to blindly believe otherwise. Thank you. And this will be simple, I promise you." She looked at Brennan. "Doctor Brennan; I'm not here to create a big scandal."
"Then why are you here?" Booth asked, confused by her words, confused by Angela's words.
"To see you," she answered. "To tell you that it's over, Seeley. I love you, and a part of me will probably always will. You're the most decent guy I've ever known, but that's exactly why we can't do this anymore. I told you before I'm not the settling down type, and I can see clearly that you are. I'm sorry I've allowed it to go this far, I truly am. I didn't mean to hurt you… either of you." She turned and looked at Brennan again, who's eyes had begun watering. "If I had known…" she looked back at Booth. "If I had known I would have gotten this attached, I wouldn't have started anything. And I need to leave, before it gets too hard not to."
"Hannah," Booth's voice broke. "That—"
"Don't try to stop me. We've both known that this was never a long-term relationship." She wiped back her tears. "Don't mistake this for being easy, Seeley. This is the hardest thing I've had to do, but I have to do it. I'll be by your place to get my stuff."
Hannah turned to leave, but stopped a foot from the door and turned to Brennan. "It was nice getting to know you, Temperance. I think God you're alive. Get better, and best of luck."
Two pairs turned their gaze to Booth, watching him stand there like a fool, mouth wide open as he stared into space.
Brennan was the first to speak, her voice full of hesitation and worry. "Booth…?"
The FBI agent snapped out of his thoughts. "I have to go." He said, still standing in place.
Angela and Brennan both nodded understandingly.
Booth didn't say anything else as he shuffled his way out of the hospital room, seeming to be in a daze.
"What did you say to Hannah?" Brennan asked, her voice laced with irritation.
Angela shook her head, looking dumbfounded herself. "I have no idea…"
He had tried to talk to Hannah some more, to understand what happened, to try and convince her to reconsider, but she was done. Done with talking, done with him. She tried to assure him it was nothing he did, but he couldn't help but feel responsible in some way. The last few days had been weird between them. Ever since he called her about Bones' condition, things had not been normal. Maybe he should have done something about it then, maybe he would have been able to save the only true relationship he had been in the last few years. Maybe he would not have lost the woman he loved… again.
Booth sat up from his couch he had collapsed on hours earlier. He suddenly realized how okay he was with this entire situation. He should have been devastated by now. He should be at a bar, drinking away his sorrows. Or at least at home, draining the last of his alcohol stash. Instead he was contemplating Hannah's actions and what he could have done different. He wasn't broken hearted—he wasn't sure how he would describe his emotions—relief?
That didn't seem right. He was in love with Hannah, why was relief the response he felt to her dumping him?
Booth placed his hand over his mouth at the realization. He wasn't sure how, but for some reason just the very thought of his partner completely nullified the heartbreak, the distress he should have felt. There was no logical reasoning why that was. Despite her recent actions in which she apologize for telling him, or at least her hallucination of him, that she loved him, he knew things between them would never work out. They were too different… they had missed their chance long along. At least that's what he kept telling himself, his heart seemed to have other plans as at just the very thought of love and Bones, his heartbeat increased.
The events of the last couple days, the confusion of it all was flooding his mind, attacking the little bit of sense he had left. It was almost overwhelming. But in that exact moment, there was a split second of clarity. It was the only thing that made sense in a world of confusion.
Maybe they wouldn't work out, he didn't know. Truthfully, that didn't matter to him at this precise moment. Years of partnership replayed, exploring memories and resurfacing old feelings. He pulled himself from memory lane, realizing yet again some simple facts he didn't realize he had forgotten. Temperance Brennan was an extraordinary woman. No, not just an extraordinary woman, but an extraordinary person. No one in his life had ever showed him the loyalty, devotion, support, and—dare he think it—the love that she had during the years they had spent together. She had sacrificed her own welfare for him, for his happiness, time and time again. If that was not love, then what the hell was? And if that was love, what the hell was he still doing here?
It was nearly midnight; Angela had left some time ago at the insistence of her husband. Cam had come by to visit, but she did not stay long, to which Brennan was secretly grateful. It was very tiring to pretend everything was okay. Though convincing her friends was easy enough; all she had to do was put on happy face and reassure them that she, as a robotic person with no feelings, was not at all bothered by anything, least of all Booth. The tiring part, the draining part, was when she tried to convince herself of the same thing.
But everything was not okay, nor would it be okay. She knew it was her fault that Hannah had broken up with Booth, and she didn't doubt that he would resent her for that. She also didn't doubt that he was probably still talking to the blonde, reassuring her that he had no feelings for the anthropologist, and sooner or later they would patch things up and be a happy couple again. She knew she should be happy for them, but as hard as she tried, she couldn't muster up that emotion.
She heard the door open and unconsciously prayed that it wouldn't be Booth. To her relief, it wasn't. It was the night nurse, Andra, checking up on her. As she did her routine check on the machines, she chit-chatted about nothing and everything. It wasn't until she asked about Booth that Brennan even paid attention.
The nurse laughed. "Didn't mean to embarrass you," she said lightly, referring to the blush that crept upon Brennan's cheeks. "I was just asking about that man who's been visiting you. There's lots of talk going on at the nurse's station, no one's sure what's going on between the two of you and that blondie. The best guess is that he was cheating on you while you were in the coma."
More like he cheated on her by kissing me. Brennan surprised herself by thinking.
"But that's just gossip. Obviously we don't know what's really going on between the two of you."
"If you figure it out, let me know, okay?" Brennan said with all seriousness.
Andra gave her a small smile and finished up her work and turned to leave. As she did, the door squeaked open once again and to their surprise, Booth slipped in.
"Hi…" He began, sounding hesitant.
"Maybe you should let me know," Andra said with a wink, walking past Booth and out the door.
Booth seemed confused. "What was that about?" He asked, gesturing towards the nurse.
"Nothing." She lied. "What are you doing here, Booth?"
It was clear he sensed her annoyance, as his face contorted into a wince. "I had to see you." He responded with all honesty.
Brennan swallowed, feeling unnaturally nervous. "I don't want to see you."
She was surprised by the hurt his expressed—mainly because eyes did not express anything. "Bones, please let me talk."
"If you're here to blame me for wh—"
"Of course not!" Booth objected.
Brennan cut her sentence short, but quickly continued with another one. "Or tell me that you and Hannah—"
"I'm not here to talk about Hannah, Bones." The FBI agent said firmly. "But you should know that Hannah and I are over. For good."
"Then why are you here?"
"Did you mean it?" He asked, completely ignoring her question when posing his.
Brennan was confused. "That does not answer my question."
"You didn't answer mine either," he rebutted. "And I think mine is far more important."
"Did I mean what?" She asked, still confused.
Booth took a couple steps towards her bed, then pulled up the nearby chair and sat down. His eyes were wide, as if searching her face for the answer she didn't know. "When you said you loved me… did you mean it?"
Why was he bringing this up again? Didn't he remember where their last conversation like this ended up? Why was he doing this to her? She refused to be part of whatever it was he was trying to do, she pulled her eyes away from his and stared at the ceiling, refusing, without words, to acknowledge his question.
It would be too hard to lie and say she didn't mean it; it would break her heart all over again.
"Bones," he said again, placing his hand on her arm, which immediately caused goosebumps to form on her skin. "Look at me."
Something about his voice made her turn back to him. Maybe it was the urgency, or the desperation—she wasn't quite sure. "Yes." She barely croaked out. "Yes I meant it."
Booth looked like he was about to cry, but his lips formed a quick smile instead.
"But—" She was about to apologize again, for being part, if not the whole, reason Hannah broke up with him, but Booth gently placed his finger on her lips, silencing her.
"I'm sorry I didn't wait…" He began, his eyes glossy with unshed tears. "I wasn't ready to give you up when Hannah came along. I had never felt about anybody the way I felt about you, and to hear you didn't feel the same was too much. Instead of trying, instead of continuing to pursue the one person I wanted, I gave up. I settled. That wasn't fair… it wasn't fair to me and it was most definitely not fair to you. I should have fought. I should have given you a chance…"
Brennan smiled through her own tears. "Booth—"
"I know I don't deserve—" He cut himself short, his eyes trailing up to her head wound. "… I know that I've hurt you. I know that I don't deserve a second chance, but, Temperance… I love you, and I don't think there has been one single moment in a long time that I haven't. And I'm sorry that it took a bullet to the head and my girlfriend to finally realize that."
The anthropologist let out a shaky breath as she tried to bring her emotions in check. "Booth, if it took me getting shot in the head to realize my affections for you, then I wouldn't trade it for the world. And I'm sorry that—"
Her apology was interrupted by Booth's lips on top of hers. Her mind told her to pull away, to be rational about the situation; but her reflexes took over as she pulled him closer. She momentarily forgot about the world, about the crazy, ridiculousness of life. None of it mattered, not as long as she had Booth.
It was several minutes later before they pulled away, both slightly out of breath. Booth grinned and kissed her nose. "You know what?"
"While you've been slacking off in bed, the murderers have been getting away." He teased.
She chuckled slightly. "Not for long."
His grin turned into a full frame smile. "Apparently they found some carcass in a bee hive; the bees were actually using the remains to store their honey."
Brennan's eyes opened wide with interest. "Really?"
The FBI agent nodded. "Yep, the squints are working on it now… too bad their brilliant anthropologist will be recovering for the next couple months."
She playfully smacked it, enjoying the conversation change. "My doctor is completely incompetent. I should be fine to go back to work in a month, two tops."
"Not if I have anything to say about it," Booth objected, once again settling his lips upon hers. He stopped mid-kiss and pulled away. "You know I love you, right?"
"Love is a chemical process which causes delusion," she ranted off, smiling. "I must be incredibly delusional right now."
The end. I know, I know, it was rushed and cut short. I was going to write about her recovery and the process of Booth and Brennan getting together, but to be honest I just wanted to finish this story rather than leave it as it was. Maybe that's ridiculous, maybe I shouldn't have even finished it, but I did. So sue me. ;)


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Contour measurement using time-based triangulation methods
The invention relates to the field of non-contact surface contour measurement by triangulation of reflected radiation from the surface. More particularly, the invention relates to a system for gathering x, y, z data points with respect to the surface contour of an object by means of time based triangulation methods.
The need in many industries to make determinations based upon knowledge of the surface contour of an object is well known. Moreover it is most often necessary to make measurements to the surface contour of the object without making contact with the surface of that object, hence the term: non-contact surface contour measurement. Various conventional non-contact surface contour measurement systems which employ a scanning beam of radiation, and particularly coherent optical light as from a laser, have been described. Reference is made to U.S. Pat. No. 4,158,507 to Himmel (1979) and to U.S. Pat. No. 4,701,049 to Beckmann et al. (1987). These disclosures and the references summarized therein together with U.S. Pat. No. 4,634,879 to Penney (1987), and the references summarized therein describe the general elements of such a contour measurement system employing a scanning beam of radiation or light.
Beckmann et al. is particularly concerned with improvements related to elimination of interference by "false reflections" from points outside of the plane of the scanning beam, while Himmel describes an alternative reflection detection system for measuring relative changes in contour slope, the system employing an optical grating through which the reflections are sensed by a photomultiplier detector. Although various methods of optical triangulation of a reflected coherent light beam are disclosed and computations appear to be made which involve both the measurement of angles and of certain time related functions, none of the known systems provide a simple, highly accurate, time based triangulation measurement system which can be virtually impervious to the problem of reflection aliasing within the plane of the scanning beam itself.
In general, the phenomenon of aliasing, the occurrence of which is well known in the art, is involved wherever a reflection detection point cannot discriminate between reflections received from different scanning beam angles reflecting from differing countour heights. This problem is inherent, for example, in the measurement system proposed by Himmel (U.S. Pat. No. 4,158,507), partially illustrated in schematic in FIG. 1. Schematically illustrated optical grating 2 has typical light receiving "windows" p, q, r, s defined by adjacent light opaque grating bars. Each window is necessarily focused to view a spot of light reflected from a particular reflection point on a surface beneath it. The exact height and location (z, x) of any particular reflection point will depend on the height of the reflection surface at its intersection with the line of focus of the particular window. Thus, in FIG. 1, windows p, q, r, s are focused respectively, where the surface contour is represented by the line h=O, on points a, b, c, d. In the system proposed by Himmel, contour slope is determined by the dimension and uniformity of spacing of the points a, b, c, d. Thus, given suitable calibration, the system illustrated in FIG. 1 will read contour h=O as flat and level.
However, for an alternate contour represented in the figure by the dotted line below h=0, having reflection points a', b', c' with respective actual contour heights at those points of h.sub.1, h.sub.2, and h.sub.3, the beam angle which would have produced a reflection at point a now reflects from a', and the beam which would have reflected from point b now reflects from b', and so forth. But window q, which was aimed to receive a reflection from b at one beam angle, can also receive a reflection a' at a different beam angle. Similarly, windows r and s can each receive reflection from both c and b' and d and c', respectively.
Thus, the Himmel system cannot distinguish between contour surface h=O and the surface represented by dotted line, and consequently would read either surface as flat and level. In the illustration of FIG. 1, reflection from a' becomes an alias for reflection from b, reflection from b' becomes an alias for reflection from c, and so forth. In fact, because in the system proposed by Himmel greater resolution is achieved by greater grating densities, the amount of height difference between h=O on the one hand and h.sub.1, h.sub.2, or h.sub.3, on the other need only be very small to introduce the kind of aliasing error described above.
Accordingly it is an object of the invention to provide apparatus and methods for an improved non-contact surface contour measurement system using time based triangulation methods, the accuracy of which measurements is not diminished by the aliasing phenomenon.
Furthermore none of the known systems employ a reflected light receiving surface which acts as a light channeling surface such that reflected light is received at a given instant in time by one of a plurality of light feeder optical fibers, which plurality of optical fibers have been divided and bundled into one or more light receiving channels, whereby light is received in only one of the channels at any particular moment of time, which time correspond to the appearance of the reflected light at a particular optical fiber.
It is therefore a further object of the invention to provide a structure for a light channeling surface and associated light receiving channels.DISCLOSURE oF THE INVENTIoN
These and other objects of the invention which will become apparent to those skilled in the art are accomplished by the means and in the manner set forth further herein. The invention comprises both systems of apparatus for the gathering of x, y, z data points with respect to the surface contour of an object and methods of calculating absolute height values for these x, y, z points with respect to one or more reference height levels by means of time based triangulation methods.
In general, the measurement system of the invention comprises a radiation emitting source and a radiation guiding means which cooperate to produce a scanning beam of radiation directed in a line across the surface of an object. Preferably, the radiation emitting source is an optical quality low power laser and the radiation guiding means is a polygonally lobed spinning mirror oriented such that all of the laser reflection angles from the lobes of the spinning mirror and the emitted beam from the laser all lie in the same plane. In the measurement system of the invention the scanning beam thus created produces what appears to the naked eye to be a line of light across the object, at least where a rapidly spinning mirror is employed.
The system of the invention further comprises a radiation receiving means which is preferably an optical lens system mounted and aimed to view the line projected upon the object by the scanning beam. The light receiving means gathers the diffuse reflectance of the scanned line upon the object and focuses it behind the lens upon a signal producing radiation sensitive detector array which is preferably a light channeling surface designed to have reflected and focused upon it at a particular one of its light feeder optical fiber ends a point of reflection of the scanning beam at a moment in time. Preferably the signal producing radiation sensitive detector array comprises one or more photodetectors, such as a photodiode or photomultiplier which is capable of converting a pulse of received light into a signal, preferably an electrical signal. The detector array is further comprised preferably of one or more bundles of light feeder optical fibers each of which bundles is assigned to its own photodetector. The individual optical fibers of each bundle are in turn conveyed to the light channeling surface in a substantial linear arrangement such that each light receiving channel consisting of a photodetector and its bundle of light fibers is represented in alternating sequence on the light channeling surface by an end of one of its optical fibers. Thus as the scanning beam of light in a preferred embodiment moves from one angle, with its associated reflection point on the object, to other angles each with their associated reflection points on the object, the moving image of those reflection points on the object moves successively across the ends of the optical fibers on the light channeling surface.
The system of the invention also comprises signal processing equipment and data processing equipment consisting of both hardware and software selected from amongst equipment well known in the art and arranged in any of a number of ways well known to those skilled in the art in order to process the signals from the photodetectors of the receiving means and correlate them with the positional and time related data generated by the system as is more fully disclosed below. The system of the invention includes within the above described equipment a well known type of timer from which various time values are receiving and processed as data in accordance with the method disclosed below.
A method of the invention requires that an object be placed upon an inspection surface which is preferably movable in any of several ways well known in the art and aligned in a such a way that the scanning beam of light produced by the system runs substantially the full length of the object. Since in one application of the invention, various kinds of lumber and saw mill products have their surface contours read by the system of the invention, the object which is to be scanned will be referred to as a matter of convenience as a cant of lumber. The cant is brought by conventional rollers to a position where the cant is correctly oriented beneath the scanning beam so that the beam scans a substantially longitudinal dimension of the cant. In further refinements of the invention, means are also provided to move the cant orthogonally to the scanning beam so that a series of contour lines are scanned across the cant and read as x, y, z data points in order to plot the contour of the cant for instantaneous use by numerical controlled equipment in the lumber mill to maximize the commercial yield of a particular cant.
As the scanning beam of the system sweeps through an angle to move a scanning spot from one end of the cant to the other, which swept angle is generated by the movement of a lobe of the polygonal spinning mirror moving through an arc which begins by passing a leading edge of the lobe into the line of the laser beam and ends by drawing a trailing edge of the lobe out of the line of the laser beam, the instantaneous angle of the scanning beam is made known by positioning a start sensor to catch the scanning beam at a fixed and known angular position before the beam begins to sweep the longitude of the cant. The start sensor in turn triggers the timer from which time values are then read as needed.
The optical lens and light channeling surface and light receiving channels of the receiving means, having been previously aligned and aimed at the object in such a way that the scanned line is focused as a reflected image substantially coincident with the linear array of optical fiber ends on the light channeling surface, has therefore got each of its light fiber ends aimed along specific particular angles at the scanning line travelled by the scanning beam on the object. Where the object is a known reference surface of known height, the aiming angle of each of the optical fibers of the light channel surface to the reference surface can be known and the reflection of the scanning spot will be focused and moved along the light channeling surface and across each of the optical fibers in turn at known times from the timer, according to the height of the known reference surface. These known times are taken for two or more reference heights to establish a range of known times related to known reference heights at which reflected light will strike a particular optical fiber.
The simplest form of time based triangulation for a cant is effected then by passing the scanning spot along the scan line projected on the cant in such a way that the corresponding reflection spot image on the light channeling surface strikes each optical fiber in turn, but at times different than the times at which the reflection spot struck the fiber when reflected any of the known reference heights. In its simplest terms, a measured time value will necessarily fall between the time values for a known minimum reference height, and a known maximum reference height, and a surface contour height may be read from the look up table for that fiber by scaling the time value between the minimum time value and the maximum possible time value and making a linear approximation as to the correlation in scaling of surface height between the minimum known reference height and the maximum known reference height. This method is at its simplest and most accurate, and is impervious to aliasing, where a plurality of optical fiber ends are each associated with its own photodetector, as for instance having a light channeling surface with twenty-one optical fibers, each of which is associated with one of twenty-one photodetectors.
In most applications however the need for such accuracy cannot justify the cost of the relatively expensive photodetectors, and associated signal and data processing equipment for each detector, and the invention contemplates an effective compromise between performance and accuracy and cost effectiveness That is, a relatively fewer number of photodetectors are employed for a given number of optical fibers, where the number of the optical fibers are chosen dependent upon the desired spacing or density of the measured contour points along the cant. For instance typical cant measurements do not require a contour measurement closer than every three inches longitudinally along the cant, so that twenty-one optical fibers may be employed to read approximately five feet of cant with the desired three inch contour spacing. Instead of providing a photo detector for each optical fiber however, the optical fibers are bundled and divided as above described into relatively fewer light receiving channels each with its own associated photodetector.
In one application twenty-one optical fibers are divided into three light receiving channel bundles, each associated with one of three photodiodes. In this kind of embodiment, it is apparent that a given photodiode at any given moment does not necessarily know from which one of its seven optical fibers it has just received a light pulse. However since the light fibers are arranged on the light channeling surface in successive alternation with respect to each of the light receiving channels, any given photodiode receives a pulse of light only once out of every three successively illuminated light fiber ends. When the number of optical fibers and light channels has been chosen with due consideration of the expected range of surface height measurements, the known viewing angle of the receiving means lens system with respect to a reference surface, and the desired density of contour measurements, it can be anticipated that the range of time values for the look up tables of each succeeding light fiber will not overlap the range of time values for the next succeeding optical fiber. Thus when a photodiode receives a pulse of light at a time read from the timer, which timer is reinitiated at the beginning of every scanning beam sweep, that read value will appear in only one of the look up tables of all the optical fibers associated with that photodiode and it will be from only that one table that the corresponding scaled surface height data point is taken. In some limited applications, a single light receiving channel may be employed where limited accuracy is acceptable. Generally, one channel will serve where contour spacings need be measured no closer than 31/2 inches apart, range of height measurements are 0-6 inches of cant thickness, and worst case viewing angle is 60 degrees.
In a refined method of the invention every time minimum and time maximum in each look up table can be associated with the known scanning beam angle, determined trigonometrically from the known rotational speed of the spinning mirror and the known elapsed time from the start sensor which is fixed at a known angular position, and thus greater accuracy still may be achieved by converting the read value of the timer at the point when the reflected spot image from the cant surface strikes a particular optical fiber into a beam angle in the manner just described, and then computing the change in surface height from the reference height by using the known geometries.
Other refinements are contemplated such as the use of a beam angle end sensor as a correction in variations in the rotational speed of the spinning mirror so that where scanning beam angles must be precisely known, the precise speed of rotation at a given instant can be computed. Furthermore since each lobe of a typical polygonal spinning mirror, which in a preferred embodiment is an eight sided spinning mirror, will have slightly different optical or reflective properties, it will be appreciated that a different set of look up table values for each given reference surface can be created for each of the eight lobes of the mirror to provide more accurate x, y, z data points. Accordingly means are provided for discerning which lobe of the spinning mirror is producing the scanning beam at any particular moment. One effective way of doing this is to render the leading edge of an arbitrarily chosen lobe non-reflective, as by black paint or black non-reflective tape, and to use an additional sensor placed antirotationally with respect to the start sensor so that this lobe sensor receives a pulse from the scanning beam as the scanning beam from every lobe passes it except for the lobe with the darkened leading edge. Data processing can then distinguish that the lobe which produces no pulse is the zero or reference lobe and every successive lobe until the return of the reference lobe is counted from that reference lobe and thus uniquely identified.
Convenient means of focusing and aligning the light channeling surface of the receiving means with respect to the scanning line are also contemplated in the form of means to send light through one particular light channel in the reverse direction of the scanning and receiving mode so that each optical fiber of a particular light channel projects a small beam of light through the lens system of the receiving means down onto the cant or onto a reference surface so that it may be readily discerned where the receiving means is aimed and adjustments thereby made. In one embodiment this is accomplished by providing a separable connection within a particular light channel which can at need be connected to a separate source of intense coherent light or the laser light itself, as for instance disconnecting an optical fiber from the start sensor and connecting it to the light receiving channel bundle for the light channel to be aimed.BRIEF DESCRIPTION OF THE DRAWINGS
FIG. 1 is a schematic representation of reflection aliasing which can occur in prior art systems.
FIG. 2 is a schematic representation of a side elevation of one embodiment of the system of the invention.
FIG. 3 is a schematic end view of the system shown in FIG. 2.
FIG. 4 is a schematic quasi-isometric partial view of one embodiment of a light channeling apparatus of the invention.
FIG. 5 is a schematic representation of two successively received reflections from an object surface in partial illustration of the method of the invention.
FIG. 6 is a schematic representation of the considerations involved in avoiding aliasing with the invention.
FIG. 7 is a schematic representation of an alternate embodiment of the system of the invention to that shown in FIG. 2.
FIG. 8 is an isometric view of a typical object measured by the invention with schematic representations of contour lines illustrated as broken lines.
FIG. 9 is an isometric view of an alternative object as measured by the invention with schematic representation of contour lines shown as broken lines.
FIG. 10 is an alternate embodiment of the invention illustrating three of the units of FIG. 7 cooperating to measure a longer object with schematic representations of contour lines and typical cross-sectional contours.BEST MODE FOR CARRYING OUT THE INVENTION
Referring now to the drawings wherein like numbers indicate like parts, a number of the embodiments of the measurement system of the invention and the methods of timed based triangulation of the invention are more particularly described by way of illustration of the invention. FIG. 2 is a schematic side view of one embodiment of the contour measurement system of the invention. Laser 36 emits laser beam 37 which is reflected by the lobes 31 of spinning mirror 30 shown rotating in the direction of the arrow in the figure. This in turn produces scanning beam 38 which moves from a position shown generally at 38 to a position shown generally at 38' before repeating the scanning sweep with the next lobe of spinning mirror 30. Scanning beam 38 impinges upon the surface of lumber cant 40 to produce, among a series of other reflection points, scanning spot reflection points 41 along the scanning line produced by scanning beam 38 on cant 40. In this embodiment a He-Ne Class 3A optical laser of a power rating of less than 5 milliwatts is employed with a rotating eight lobed mirror from Lincoln Laser, Phoenix, AX, Model No. M-660-010-LVWOB.
The start of the sweep of scanning beam 38 is detected by start sensor photodiode 34 and the end of the sweep of scanning beam 38 is detected by end sensor 43. Sensors 34 and 43 can be any photosensitive device capable of producing a signal to trigger the start or stop of a suitable timer, such as preferably a Motorola MFOD71 type photodiode connected to a light receiving point by an optical fiber such as at 33. A timer of the oscillating type which is then digitally counted has been found suitable. Similarly the end sensor 34 triggers a final reading from that particular run of the timer and resets the timer to zero. The rotating mirror apparatus has means to provide a direct digital readout of its rotational speed, but the time it takes for scanning beam 38 to sweep from start sensor 33 to end sensor 43 is used as a check on the instantaneous rotational speed of the mirror during that sweep. In addition, as each of the eight lobes of the mirror will have slightly different reflective properties, leading edge 32 of one lobe is rendered nonreflective as by a piece of flat black tape or paint and a lobe sensor 35 is employed in a position antirotational to the start sensor such that the leading edge of every lobe but the nonreflective leading edge will reflect laser beam 37 into lobe sensor 35 and produce a telltale pulse, the absence of which, as leading edge 32 passes the corresponding reflection position, identifies that lobe as the reference lobe from which all of the other lobes are counted and identified in rotational succession.
Camera 19 is generally shown schematically having lens system 39, light channeling surface 21, with light reflection receiving points 26. A conventional 50 millimeter camera lens from Canon has proved satisfactory and is aimed at an angle to the cant 40 to receive the diffuse reflected image of the scanning line composed of successive reflection points 41 and is aligned to focus the reflected image of that line substantially coincident upon light channeling surface 21. Thus the scan spot P on lumber cant 40 is reflected upon light channeling surface 21 as reflection point P' and scan spot Q is likewise focused as reflection point Q' on light channeling surface 21. While light channeling surface 21 need not be in the same plane as laser beam 37 and scanning beam 38 because what light channeling surface 21 receives through lens system 39 is diffuse reflectance and not spectral reflectance, preferably light channeling surface 21 and lens system 39 are aligned so that they do reside in the same plane as the sweep of scanning beam 38 in order to minimize signal to noise ratio and the necessity for selective gain compensation. This coplanarity is illustrated in FIG. 3. Additionally FIG. 3 illustrates the orthogonal movement of the measured object 40 in the direction shown by the arrow at the bottom of the figure in order to create contour lines from a series of closely spaced measured points as scanning beam 38 sweeps the object longitudinally while the object is in motion orthogonally to the plane of the scanning beam.
In FIG. 4 one embodiment of the light channeling system behind the lens system 39 in camera 19 is depicted in partial schematic for ease of illustration. Plastic disk 25 has drilled therein along a substantially linear alignment a series of precise holes precisely spaced for receiving a series of optical fibers 22. After optical fibers 22 are received in the holes and glued in place they are then cut off at the surface of disk 25 and optically polished to produce light reflection receiving points 26 along the line of light channeling surface 21. It is the image of the reflected scan spots on object 40 which are focused on this surface along this line. Thus the reflection of laser scanning beam 38 as it passes longitudinally along object 40 is focused to pass over each successive light reflection receiving point 26, thus passing light successively into each light feeder 22. In this embodiment consisting of twelve light feeders 22, three light channels or bundles 23 of four light fibers 22 each are routed each to a photodetector 24 which is preferably a photodiode of the same type as the earlier described photodiodes, but which may be any conventional photodetector, such as a photomultiplier tube, though typically prohibited by cost considerations. The bundling of light fibers 22 into light channels 23 is not haphazard but is chosen as illustrated in FIG. 4 so that light channel C1 contains light fibers 22 leading to light reflection receiving points 1-1, 1-2, 1-3, and 1-4. Similarly light channel C2 has light fibers 22 chosen to lead to light reflection receiving points 2-1, 2-2, and so forth. In this way the reflected scan spot moving along light channeling surface 21 crosses one optical fiber at a time and thereby inputs light first into one light receiving channel C1, then into the next light receiving channel C2, and finally into the third light receiving channel C3, before light receiving channel C1 again receives light through the next successive fiber.
Photodetectors 24 are connected to suitable signal processing equipment for determining which portion of the focused reflected moving spot on light channelling surface 21 will cause the appropriate signal pulse. For examples, the signaling processing equipment may be so calibrated and adjusted that the leading edge of the spot causes the signal to register, or the peak value of the light intensity received at the photodetector may be used as the signal trigger.
Also schematically illustrated in FIG. 4 is channel connector 27 which can be any selectably disconnectable well known optical fiber bundle connector. In one embodiment, optical fiber 3 (FIG. 2) also has a connector (not shown) at some suitable position along its length to photosensor 34, such that fiber 33 may be selectively connected to optical bundle 23, whereby pulses of laser light received at the fixed end of fiber 33 are transmitted through light channel 23 and shine out of fiber ends 1-1, 1-2, 1-3 and so forth. These separate fiber beams are focused by lens 39 in reverse upon a reference surface (not shown) to check, and if necessary, align the viewing angle and positioning of camera 19. In this way individual fiber angles may be measured and known.
In FIG. 7 an alternative embodiment of the measuring system of the invention is schematically represented in side view wherein dual cameras 19 each having lens systems 39 and light channeling surfaces 21 with light reflection receiving points 26 are disposed on either side of a scanning beam generating means consisting of laser 36 and spinning mirror 30 together with other components as generally illustrated in FIG. 2. Scanning means are arranged such that a scanning beam 38 is swept from one extreme of the measured object 40 to the other in an arc bounded for the most part by the outward positions of the two cameras 19. Placing the two cameras 19 in this position requires each camera 19 respectively to view only half of the scan spot line on object 40. If the height of cameras 19 is selected to be the same as in the embodiment of FIG. 2, then the scan spot line is viewed from a steeper angle and thereby minimizes aliasing without at the same time proportionally increasing the cost of the system, in that the most expensive parts of the system are the laser and spinning mirror. However, employing twin cameras per scanning system also permits an overall system height reduction to bring both of the cameras approximately one third closer to object 40, while at the same time measuring an approximately one third greater object length. Thus the intensity of reflected light received on light channeling surfaces 21 is increased by as much as 30%, and fewer systems need be employed together to measure a given length of cant. In the two camera embodiment depicted in FIG. 7, a light channeling system involving two light receiving channels, or bundles, of seven optical fibers each, each channel leading to one of two photodiodes is employed, as compared to the embodiment depicted in FIG. 2 wherein, because of either the shallower average viewing angle or the typical greater height of lens system 39, a light channeling system comprised of three light channels of seven optical fibers each leading to one each of three photodiodes is employed It will be appreciated that the embodiment in FIG. 7 represents an increase in accuracy and resistance to aliasing, and preferably an increase in received signal strength, signal to noise ratio, and background rejection, while increasing the cost of the system only by the cost of the relatively less expensive additional lens system 39 and one additional photodiode.
FIG. 10 is a representation of three double camera systems 10, each of which is depicted in greater schematic detail in FIG. 7 placed end to end for scanning twenty foot cant 40. Also illustrated are measurement directions x, y, z. Typical y, z contour lines produced are schematically represented and shown illustratively in cross-section at 11 and 12 superimposed cross-sections 13 and 14 of ideal finished lumber sizing which might be cut form cant 40 at the respective contour locations of 11 and 12. Typical x, z contour points are also illustrated.
FIGS. 8 and 9 illustrate alternative types of objects 40 and 42 which might have their surface contours measured using the measuring system of the invention. In FIG. 8 a lumber cant 40 has contour lines 11 measured for use in the lumber cutting industry. In FIG. 9 a propeller 42 has contour lines 15 measured as the propeller is slowly rotated, in the direction shown by the arrow in the figure, beneath the scanning beam of the measuring system of the invention.
The method of the invention may be understood in part by reference to FIG. 5 which illustrates that each of two representative fibers p and q on light channeling surface 21 have known angles p.sub.0 and q.sub.0 respectively as those fibers are focused through lens 39 either onto reference surface H=max or reference surface H=min or upon a contoured surface of an object 40, the surface of which is schematically shown in cross-hatching in the figure. For each reference height H=max or H=min, each fiber q or p has a known t.sub.p max or t.sub.q max and t.sub.p min or t.sub.q min, where t represents the time at which scanning beam 38 strikes the respective surface at the point at which the fiber q or p is focused, and where t=O at the point at which scanning beam 38 crosses start sensor 33 and then moves in an arc in the direction shown by the arced arrow in the figure. For any given set of reference surface measurements prepared prior to measuring an object 40, every fiber q or p has created and stored a look up table such as that illustrated in Table 1 below containing the values of the expected arrival times of the reflected light on respective fibers q and p from both minimum and maximum reference heights.
TABLE 1 ______________________________________ p q ______________________________________ t.sub.p max H = max t.sub.q max H = max t.sub.p H.sub.p = ? t.sub.q H.sub.q = ? t.sub.p min H = min t.sub.q min H = min ______________________________________
When an object contour surface 40 having contour values or height values generally within the range between H=max and H=min is scanned by beam 38, the time of arrival of the reflected light at fibers q and p respectively, assuming movement of the scanning beam in the direction shown by the arced arrow of the figure, is something less than t.sub.q max, but something greater than t.sub.q min for fiber q, and something less than t.sub.p max, but greater than t.sub.p min for fiber p.
Supposing for ease of explanation that fibers q and p feed separate light channels and corresponding photodetectors, scanning beam 38 striking surface 40 to intersect the viewing angle of fiber p will do so at time t.sub.p
which, in the simplest mode of the method of the invention, is converted to a surface height H.sub.p by simple arithmetic linear scaling between t.sub.p max and t.sub.p min.
It will be appreciated of course that where greater accuracy of surface height values will be useful, t.sub.p may be converted into a scanning beam angle p.sub.2 and compared with known scanning beam angles p.sub.1 and p.sub.3 to arrive geometrically at an exact surface height H.sub.p by well known calculating methods.
It will be appreciated that greatest accuracy and minimum aliasing problems can be achieved simply by use of one photodiode for every light fiber, or in other words, every light receiving channel having only one light fiber. In this way every time light is received in a light receiving channel it is always unambiguously known quite simply which light fiber and therefore which light fiber angle received the reflected light. However the expense of a multiplicity of photodetectors and associated signal processing equipment, when evaluated against the ability to adequately select a number of light channels to avoid aliasing, generally precludes the more costly use of individual photodetectors for each light fiber.
In practice it has been found that for relatively steep viewing angles two light receiving channels with enough optical fibers each to cover the desired length of object at the desired contour interval spacing are adequate, while three light receiving channels will be required for shallower viewing angles such as for the embodiment depicted in FIG. 2. FIG. 6 depicts a potential aliasing situation and illustrates schematically some of the concerns which need to be addressed in the choice of the number of light receiving channels to be used to avoid aliasing. These factors include the average viewing angle of the camera lens system, the expected range of surface height measurements, and the desired density of the spacing of the contour measurements. FIG. 6 illustrates an average viewing angle approximating forty-five degrees with a rather great range of potential height measurements and a moderately dense or closely spaced contour measurement arrangement. The dimensions of FIG. 6 are only relative and illustrative; nevertheless it can be seen that, as in FIG. 5, every light fiber n or p has its maximum and minimum time values in its look up table and the actual time of arrival of a reflected spot upon a contour surface 40 may be in between those maximum and minimum times for any one of the fibers. In fact, as shown in FIG. 6, there can be a t.sub.n somewhere between a t.sub.n min and a t.sub.n max which happens to fall at the same time as the t.sub.p max for successive fiber p. Thus for instance if fibers n and p both feed the same light channel, that light channel could have received a light reflection at the exact same time for either fiber n or p, and thus give an ambiguous height value, as the channel is thereby unable to discern which fiber actually received the light reflection. Looking at FIG. 6 in another way it can be seen that the t max for each of fibers n, o, p, and q fall ahead of the minimum expected time t.sub.n min for fiber n. Thus there are three possible time value overlaps between fibers n, o, p, and q. This kind of illustration is helpful in planning to use either a less dense contour measurement, a smaller range of height values, or a shallower viewing angle, or a combination of these three factors, or else resolving to employ a number of light channels equal to or greater than the number of anticipated time value overlaps. FIG. 6 illustrates the need for at least three and probably four light channels With multiple light channels, look up tables as described above are then created for every fiber of every channel. Multiple channels permit overlap of time values in look up tables for adjacent fibers so that contour spacing may be relatively dense for greatest resolution, while at the same time ensuring that no range of value in a look up table for one fiber of a particular channel will overlap the values of a table for another fiber of the same channel. In this way, light received at a particular time value in a given channel may be uniquely identified with a particular fiber, and hence a known reflection angle.
In compliance with the statute, the invention has been described in language more or less specific as to structural features It is to be understood, however, that the invention is not limited to the specific features shown, since the means and construction shown comprise preferred forms of putting the invention into effect. The invention is, therefore, claimed in any of its forms or modifications within the legitimate and valid scope of the appended claims, appropriately interpreted in accordance with the doctrine of equivalents.
1. In a non-contact surface contour measurement system having radiation emitting and guiding means to produce a scanning beam of radiation, radiation receiving means to receive a reflection of said scanning beam from the surface of an object to be measured and to focus said reflection upon a signal producing radiation sensitive detector array, and signal processing and data processing means to convert scanning beam positional data from said radiation emitting and guiding means and from said detector array to contour plotting data points, the improvement comprising:
- a radiation channeling surface acting as the front stage of said radiation sensitive detector array; and
- one or more signal producing radiation receivers acting as the rear stage of said radiation sensitive detector array;
- wherein said channeling surface comprises a substantially linear array of the radiation receiving ends of a plurality of radiation feeders, each for conducting said reflected radiation to a radiation receiver, and
- wherein each of said radiation receivers is coupled by a set of said radiation feeders to said radiation channeling surface to comprise a single receiving channel in such a way that successively numbered receivers and their associated channels are connected to successively positioned feeders in their linear array on the channeling surface in sequential alternation.
2. The system of claim 1 wherein said radiation is in the optical range of light, each of said radiation receivers is a photodiode, said radiation feeders are light transmitting optical fibers.
3. The system of claim 2 further comprising a plurality of photodiodes each connected to a separate bundle of a plurality of optical fibers to comprise separate light receiving channels arrayed on the light channeling surface.
4. The system of claim 3 wherein said plurality of photodiodes is three and said plurality of optical fibers is seven.
5. The system of claim 3 wherein said light emitting means comprises an optical laser and said light guiding means comprises a rotating polygonal mirror and wherein said scanning beam positional data comprise rotational mirror speed readout and time data from a timer actuated by a scan start pulse for each mirror face.
6. The system of claim 5 wherein said scan start pulse is generated by electronics connected by an optical fiber to a fixed sensing position at the periphery of the mirror corresponding to a start angle position for each mirror face.
7. The system of claim 6 further comprising switching means to disconnect the optical fiber from said sensing position to said electronics, and to connect it instead to any one of the channel bundles of optical fibers leading from said light channeling surface to a particular photodiode, such that a scanning laser spot produced by said rotating mirror is picked up at said sensing position and conducted out through said channel bundle to focus a plurality of related stationary spots on a reference surface whereby said light receiving means may be aimed and focused with respect to said scanning beam.
8. The system of claim 6 further comprising means to generate a time value corresponding to a fixed beam end angle position for each mirror face.
9. The system of claim 6 wherein a leading edge of one of the mirror faces has been rendered non-reflective, and further comprising a lobe sensor fixed at a position on the periphery of the rotating mirror such that the scanning laser spot will strike said lobe sensor as it reflects from the leading edge of every mirror face except the one rendered non-reflective.
10. The system of claim 2 with the improvement further comprising:
- dual light receiving means positioned at either end of said light emitting and guiding means, each said light receiving means comprised of substantially identical components.
11. A method of non-contact surface contour measurement using time based triangulation, comprising the steps of:
- (1) Creating an optical scanning beam with a laser and a spinning polygonal mirror to define a line of reflection points on an object;
- (2) Keeping track of the angle of the scanning beam by knowing the rotating speed of the mirror and by starting a timer when the beam passes a start sensor;
- (3) Collecting the reflected image of said line with a lens system to focus said reflected line onto a light channeling surface comprised of the ends of multiple optical fibers for each of one or more light receiving channels, each channel feeding light to a single photoreceiver for generating an electrical signal related to the time of the entry of reflected laser light into said channel;
- (4) Keeping track of said time of entry of said reflected light into said channel through a particular fiber and comparing that time value with one or more previously measured reference values of reflection times for that fiber to compute an actual surface height relative to a reference height for each reflection point.
12. The method of claim 11 wherein the previously measured reference time values of step 4 are contained in digitally stored look up tables for each of said fibers such that no range of time values for a fiber associated with a particular one of said light receiving channels overlaps the range of time values for another fiber also associated with that same channel.
|June 1966
|Kapany et al.
|April 1974
|June 27, 1978
|June 19, 1979
|February 12, 1980
|March 11, 1980
|November 2, 1982
|September 17, 1985
|September 17, 1985
|October 7, 1986
|Krolak et al.
|January 6, 1987
|October 20, 1987
|Beckmann et al.
|October 27, 1987
|December 13, 1988
|Ito et al.
Type: Grant
Filed: Feb 28, 1989
Date of Patent: Jul 3, 1990
Assignee: Automation Research Technology, Inc. (Seattle, WA)
Inventor: James N. Horn (Seattle, WA)
Primary Examiner: David C. Nelms
Attorneys: Patrick M. Dwyer, David L. Garrison
Application Number: 7/316,811
International Classification: G01N 2186;

subset: commoncrawl


text:
Someday, in an alternate universe, there might be a presidential candidate that voters could agree on: Secretary of State Elizabeth McCord, a righteous, straight-shooting, noncareer politician who has never publicly declared herself a member of any party.
"One thing that I have been very vocal about with the other partners in this show is I don't want us ever to use the words Republican and Democrat," said Téa Leoni, who stars as McCord on CBS's "Madam Secretary," of which she is also a producer. "I really want to move away from the idea of 'us' and 'them,' because the polarization in our politics is getting us nowhere."
Season 3, which begins Sunday, Oct. 2, finds McCord weighing whether to accept the offer of President Conrad Dalton (Keith Carradine) to become his vice president. In a phone call while shooting on Long Island, a feverish Ms. Leoni — her whiskey voice peppered by coughing and laughter — talked about presidential politics and life as a working Upper West Side mother to her daughter, West, 17, and son, Miller, 14, with her ex-husband, David Duchovny. These are edited excerpts from the conversation.
A fever and cough — bronchitis?
What did the doctor call it? Pharyngitis? Oh my God, don't misspell this and make it sound like I have a problem with my vagina. I have a throat infection.
We left Elizabeth on a cliffhanger. Will she say yes to the president?
They call it a spoiler alert, right, and there are flags going off in my brain. You know, I was thinking, "Wait — what if I became president at some point?" Let's say we did that in Season 5. Then I could go and find some great actress, have her become secretary of state. I come in and work maybe four, five, six episodes a season. I'm going to go flesh that out as soon as we get off the phone.
Just so I don't start any rumors, this is a fantasy, right?
This is a fever-induced fantasy, and tomorrow I'll wake up and think, Oh God, what I have I done? I hope nobody gives [the CBS chairman] Les Moonves that idea and he jumps on it.
Many compare your character to Hillary Clinton. But you've shied away from commenting about this presidential campaign.
I like the idea that without that polarization, without that commitment to one tribe or people or party, we can actually get things done quite beautifully and peacefully. Right now it's beginning to feel like decent politics — and decent policy that has universal regard for individuals and other nations — is far-fetched. And it's not.
You took a bit of a break before taking on this series. What lured you back?
Mostly I thought my kids were ready for me to be back at work. I have a daughter who's applying to college this year and a son who's debating about whether to start shaving. So we're kind of in the thick of it, and so far I'm so incredibly impressed with my kids. I was an absolute [expletive] for my parents, and within the first week of the birth of my first child, my mother said, "I just can't wait until she's about 13 or 14 years old, and you're going to get yours." And I think secretly my mother is depressed that West has not delivered. [Laughs]
Now that "The Good Wife" has ended, you're the sole power woman on Sunday night. Does this make the season more stressful?
Well, now that you just said that, yeah. It's funny — if there is a male lead, nobody talks about who their audience is going to be and who they're catering to and how it's going to work in a lineup.
Do you miss making comedies, like "Spanglish"?
I miss it. Sometimes I think they throw me a bone on the show with a really funny scene that will never be in it. It's like unleashing me for a moment — you know, like when you take your puppy to a dog park and let them get their energy out.


text:
Memories & Opinions: An Unfinished Autobiography
Memories & Opinions: An Unfinished Autobiography
'There ain't going to be no Reminiscences, never--never. You're the second kind friend this fortnight to hint at such a book in view of my approaching demise.'
So wrote Q to me on 30 July 1930. But publishers have a way of returning to the attack and Q's mind was too liberal and too humane to be incapable of change; on 27 February 1936 he wrote:
'I shall have to "perpend" a bit, before I can think out any way of writing such a book as you suggest. For (you will not have noticed it!) I am really rather modest, and it won't be easy to write Reminiscences without what someone (MacColl, I think) once called an indecent exposure of one's personality. So don't talk to the Syndics just yet. I'll think it over in the Easter Vac.'
The process of 'perpending' was favourable and an agreement was eventually signed in March 1938.
M. R. James has recorded how, in similar circumstances, he procured pencil and paper and how difficult he found it to make a beginning. 'Then', he continues, 'when the pencil had begun to run along the lines, the doubt was whether I should ever be able to stop it.'
It was far otherwise with Q. For all his experience and competence as a journalist, his pen--always a pen, and a steel one at that--did not run rapidly along the lines. 'I have made one or two shots', he wrote in October 1937, 'at a book of "Memories" and cannot find the target. The anecdotage was piffle; and as soon as I start "telling my inside" gray-eyed Athene tugs me off it by the hair. . . . But I think I am working out a new way, in a short book.'
And in July 1939:
'In the intervals . . . I write almost daily a paragraph or . . .


text:
Proposed Guidelines for Editing 10 TAC §10.101(b) – Development Requirements
Balance the need for tenant services with providing popular common amenities and unit & development construction features.
Increase number of options for unit / development construction features and common amenities—options should mirror current trends and demand in market rate apartments and reflect resident survey responses.
For clarity, categorize scoring options when possible.
Weight scoring options according to required costs, time, and resources.
10 TAC 10.101(b)(5)(C) – Common Amenities
Proposed Categories (draft):
Remove some scoring options
Add new scoring options
Weight scoring options appropriately
Development must select points from, at minimum, ____ categories.
10 TAC 10.101(b)(6)(B) – Unit & Development Construction Features
10 TAC §10.101(b)(7)(A) – Tenant Supportive Services
Common Amenity Scoring Options (must select at least one point from ___ of the six categories)
Unit & Development Construction Features Options (no categories; just minimum point requirement)
Tenant Supportive Services Options (must select at least one point from ___ of the five categories)
We request TDHCA increase the number of starting points for Renovations from 3 to 5 as the majority of the items on the list are either not meaningful/low priority for our residents or are absolutely impossible to implement in a Preservation project. It is difficult to even reach 2 points in a Rehab, and that is if LED fixtures are allowed in place of "track lighting". By requiring these items, this is NOT the most effective use of the LIHTC resource.
Covered entries (0.5 point);
Can be accomplished in most renovations.
Nine foot ceilings in living room and all bedrooms (at minimum) (0.5 point);
Can NOT be accomplished if original building does not have this feature.
Microwave ovens (0.5 point);
While this can be provided, it becomes burdensome for the owner to maintain another appliance. We also find in renovations, tenants already have their own, preferred microwave. This item drives up R&M when units are turned and increases capital cost of construction.
Self-cleaning or continuous cleaning ovens (0.5 point);
While this can be provided, I am unconvinced "self-cleaning" adds value for our residents. I personally have never "self cleaned" an oven my entire life! It again, becomes burdensome to have management always ensure replacement stoves have this feature.
Refrigerator with icemaker (0.5 point);
Preservation projects need to be retrofitted to have an ice maker. This type of appliance again, causes an additional burden on the owner to ensure the ice make is always working, driving up R&M for a project and increasing capital cost of construction.
Storage room or closet, of approximately 9 square feet or greater, separate from and in addition to bedroom, entryway or linen closets and which does not need to be in the Unit but must be on the property site (0.5 point);
This item is nearly impossible to add if the property does not already have storage space. If it could be added, it would be a low priority item.
Energy-Star qualified laundry equipment (washers and dryers) for each individual Unit; must be front loading washer and dryer in required accessible Units (2 points);
This item is impossible to add if the original building did not have space for in-unit W/D. Even if their was space, this would be extremely expensive for ongoing R&M to maintain these appliances, increasing operating cost, thus decreasing debt leverage and ultimately the construction budget.
Covered patios or covered balconies (0.5 point);
This item is impossible to add if the original building does not have individual patios or covered balconies.
Covered parking (may be garages or carports, attached or freestanding) and include at least one covered space per Unit (1.5 points);
This adds unnecessary costs to the development budget when there are many other more important items that would take priority over adding shade to parking lots.
14 SEER HVAC (or greater) or for Rehabilitation (excluding Reconstruction) where such systems are not being replaced as part of the scope of work, a radiant barrier in the attic is provided (1.5 points);
This can become impossible for Rehabilitations that are PTAC only units and have minimal attic space.
High Speed Internet service to all Units (can be wired or wireless; required equipment for either must be provided) (1 point);
Adds considerable cost on the Operating Expenses, reducing debt leverage and ultimately reducing the capital budget for other items.
Built-in (recessed into the wall) shelving unit (0.5 point);
This is difficult to do in Rehabilitation when there are many other higher priorities that need to be addressed prior to paying for recessed shelving.
Recessed or track LED lighting in kitchen and living areas (1 point);
In a renovation, it may be impossible to do recessed cans based on the existing ceiling and track lighting is a dated and unattractive lighting option. We recommend that LED fixtures be the requirement for kitchen and living areas.
Thirty (30) year roof (0.5 point);
This can be accomplished.
Greater than 30 percent stucco or masonry (includes stone, cultured stone, and brick but excludes cementitious and metal siding) on all building exteriors; the percentage calculation may exclude exterior glass entirely (2 points);
This becomes extremely expensive and unnecessary for rehabilitations that do not currently have 30% Masonry.
Breakfast Bar (a space, generally between the kitchen and dining area, that includes an area for seating although actual seating such as bar stools does not have to be provided) (0.5 points);
This can be difficult to do in Rehabilitation depending on the current kitchen lay-out. Again, there are many higher priorities that need to be addressed prior to paying for a breakfast bar if currently non-existent. This could also increase the number of days a resident is out of their unit for renovation as we go from only cosmetic changes (cabinetry/countertops) to knocking out walls. This increases construction cost and relocation budget unnecessarily.
Walk-in closet in master bedroom (0.5 points);
Impossible to create in an existing building without this current feature.
Electric Vehicle Charging Station (0.5 points); and
I am unclear of the cost of this item or how difficult and expensive it would be to maintain and operate. Furthermore, I have never seen an electric vehicle at any of our affordable housing communities and I am not convinced this is an amenity a low income family would use today.
Ceiling fans in all bedrooms (0.5 points).
Just a few thoughts on this. My comments in red.10 TAC 10.101(b)(5)(C) – Common Amenities
Grouping amenities could be helpful, but I don't see a lot of value in trying silo off the amenities into categories. A pool for example; is that entertainment, health/fitness, family activity? I think this would be too difficult to monitor and create confusion for overlapping amenities.
Suggestions for current scoring items:
Regarding the categories for Tenant support services, what about dividing the categories by frequency?
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text:
High Frequency Trading: Information Tool for Efficient Markets or Destabilizing Force?
Featuring Holly Bell, Associate Professor (Business), University of Alaska Anchorage; and Hester Peirce, Senior Research Fellow, Mercatus Center; moderated by Louise C. Bennetts, Associate Director, Financial Regulation Studies, Cato Institute.
In recent years, concerns have been raised about the potential market risks associated with high frequency trading and algorithmic trading in general. Proponents of high frequency trading suggest the practice is a contemporary tool that facilitates informational market efficiency and is capable of being regulated by the market and market participants. Opponents have argued that these practices create risk and require aggressive regulation. This discussion takes place against a backdrop of heightened regulatory scrutiny given the recent push by the Securities and Exchange Commission to monitor high-frequency trading and related practices, such as the creation of dark pools, more closely.


text:
Key difficulties lawyers can face when trying to settle high profile sports employment disputes
Published 04 March 2016 By: Libby Payne
Unlike most employees, those involved in sport do not always have the luxury of their performance and actions being assessed and discussed in a private meeting with their employer. They are often required to comment after every victory or defeat and can face intense media speculation about their future.
As such, when an employment dispute arises, it can prove difficult to keep it out of the public eye. Whilst the vast majority of employment disputes settle prior to a Hearing,1 the publicity factor in sports-related disputes, together with a number of other factors, can make them more difficult to settle without a Hearing.
Accordingly, this article examines the principal difficulties that employment lawyers may face when trying to settle high profile sports employment disputes. To help illustrate the points, the article will draw upon the case of Dr. Eva Carneiro, the former Chelsea FC first team doctor, whose claims against the club and Mr. Jose Mourinho are, as far as we are aware, yet to settle (although it appears a judicial mediation has been scheduled for 7 March 2016 to seek to resolve matters2). The background to the Carnerio case and her potential claims can be read here.3
Press coverage of the events and ensuing dispute
Press coverage is a common feature of high profile sports employment disputes, and can be an important element in whether the claim can be settled without a Hearing.
The reason for this is that, in normal cases, both the employer and employee will usually want to avoid a Hearing, as the findings of a Hearing are public and each party will want to avoid the associated risks of negative publicity. This is true even if a party believes they will – and ultimately does – achieve a successful outcome, as media representation can still be skewed and can still linger. This generally incentivises both sides to try to settle before a full Hearing.
Where, however, the incident leading to the claim has already been played out live to the public (as we have seen in Carneiro case), such an incentive disappears. In these circumstances, having a public judgment confirming that the party did nothing wrong can be, or appear to be, the best way for an employee or an employer to overturn any negative public perception.
Although not sports related, a good example of this can be seen from the claim brought against Amshold Group Ltd by Stella English following her appearance in the TV show ' The Apprentice'.4 Having won the show, Ms English was given a contract at Viglen, from which she resigned after just five months. She was then found a role at YouView but also left this after a few months. Ms English brought a claim for constructive unfair dismissal alleging that the roles she had ben given were a sham and that she had been marginalised. Alan Sugar strongly believed that every effort had been made to integrate Ms English at both Viglen and YouView and that both were genuine roles and opportunities for her. Lord Sugar ultimately was not prepared to settle this claim and was determined to be vindicated by the Tribunal, which he was.
The value of the claim
If the claim is low value, there is little benefit to either the employer or employee in fighting it, as the legal costs involved will quickly become disproportionate to the amount in dispute. As the value of the claim increases, however, the costs of litigation reduce as a proportion of the disputed amount, thus making it a more tenable strategy.
Salaries and bonuses in top-flight sports can be relatively high compared to the national average. This, coupled with the widespread use of fixed term contracts and a relatively small market for re-employment, means that the value of claims based on loss of income can be substantial.
Having said that, under section 124 Employment Rights Act 1996, unfair dismissal claims are currently capped at the lower of a year's salary or £78,335.5 This means that there will need to be another head of claim (e.g. breach of contract or discrimination) in order to attract compensation that more fully reflects the extent the employee's losses. Claiming under one or both of these additional heads is a common tactic even if the discrimination or breach of contract claim is not as strong as the unfair dismissal claim, as it can still act as significant leverage in the settlement negotiations.
For example, Kevin Keegan brought a breach of contract claim against Newcastle United in 2009 (albeit before the Premier League Manager's Arbitration Tribunal and not the courts) seeking around £25m in respect of loss of earnings to the end of his contract, and beyond.6 The claim didn't settle and went all the way to a Hearing, and in the end he was awarded a mere £2m thanks to a liquidated damages clause within the contract.7 One can see from this example that in a high value claim, parties can have a far greater incentive to run with the dispute and risk a Hearing, rather than settle. This is especially true if their respective positions on an acceptable settlement figure are a significant distance apart.
In Carneiro's case, her annual salary is in the author's view likely to be well in excess of the statutory cap for compensation in unfair dismissal claims. However if she has also brought claims for discrimination, personal injury and aggravated damages (as seems plausible),8 and if these claims are successful, then her potential compensation will not be subject to the statutory cap.
Claiming against an individual respondent in addition to the employer
Raising a claim against an individual respondent for discrimination, in addition to a claim against the employing entity, can be a useful tactic in any employment claim.
Where the individual respondent is a fellow employee, it can put additional pressure on the respondents to settle, particularly where the individual is senior and not minded to give evidence at a Hearing. It is also shrewd tactic where the employer may be insolvent, as it increases the employee's chances of recovering something.
Often, the employer respondent simply stands behind the individual respondent and the case proceeds in much the same way as if there was no individual respondent.
However, if the individual and employer have parted company, or disagree on the approach to the matter, it can make it harder to settle. The individual may insist on clearing their name, or may turn against the employer. The employer could settle the employee's claims against it, but unless the claimant also agrees to withdraw claims against the individual, those claims could proceed.9 This is very risky for they employer, as they will not be involved in the Hearing and may not be able to rebut anything detrimental said against them by either the claimant or the individual respondent.
Another complicating factor in this scenario is agreeing a public statement. Public statements commonly accompany private settlements in high profile cases that have caught the attention of the press, as they help to draw a line under the matter for all involved and limit speculation. Regardless of the position between the individual and employer respondent, getting three parties to agree a statement can be difficult. Where there is acrimony between the individual and employer respondents, this is even harder.
In relation to Dr. Carneiro's case, it was confirmed in November that she was also pursuing Mr Mourinho in addition to her contractual employer, Chelsea FC. There is speculation10 that Mr. Mourinho agreed to accept a reduced payout from Chelsea on the termination of his employment as a result of the Carneiro matter and specifically because Chelsea alleged Mr. Mourinho's conduct breached his own contract with the club. There is also a suggestion11 that Mr. Mourinho has been given an indemnity by Chelsea in respect of the proceedings. As such, the claim against Mr. Mourinho may not be as significant a factor, but agreeing a statement in the event the matter is settled could still be a stumbling block.
Another good example is footballer, Mark McCammon's, claim against Gillingham FC. Following his dismissal from the club in 2011, Mr. McCammon brought a claim against the club and included club Chairman, Paul Scally, as a second respondent. In the case, Gillingham FC dismissed Mr. McCammon for gross misconduct, but one of the reasons given for the dismissal was that he had made serious allegations of race discrimination. It was the case that Mr McCammon had accused the Club of race discrimination. Where an employer dismisses an employee for raising concerns of discrimination, it is likely to be found that this constitutes victimisation and is therefore discriminatory. Gillingham alleged that it was not the content of the allegations that they took issue with, but the way the allegations were made, which they said was aggressive. Ultimately, the claim didn't settle, Mr. McCammon was successful at the Employment Tribunal, and the club and Chairman were unsuccessful in an appeal.12
As discussed above, damages for unfair dismissal are capped by statute and, where an employee is well paid, compensation may be equivalent to just a few months' salary, even where the employee is out of work for a lot longer.
Tribunals do have the power to order that the employee be reinstated13 to their previous role, or re-engaged14 in a similar role. If reinstatement or re-engagement is ordered then typically arrears of pay and benefits up to the date of the Hearing are paid and the employee will return to work.
In deciding whether to order reinstatement, the Tribunal must determine if it is 'reasonably practicable' to do so.15 If the employer does not agree to take the employee back as ordered, then a further award of between six and 12 months can be ordered.16 Reinstatement or re-engagement orders are very rare, being awarded in less than 1% of cases.17 This is in part due to claimant's not seeking reinstatement as often they do not want to return to the same workplace, but also because trust and confidence between the claimant and employer has often irreparably broken down by the time the remedy is determined. Where they are sought, and particularly where they may be awarded, the level of compensation needed to settle the claim could well be higher.
Dr. Carneiro is reported18 to be seeking reinstatement and so this could well be a factor affecting any potential settlement. That Mr Mourinho is no longer employed by the club and no permanent replacement doctor appears to have been hired19 are factors that will assist Dr. Carneiro in seeking reinstatement. However, as Chelsea have not offered Dr. Carneiro her job back to date, the author expects that Chelsea will seek to avoid this order (and the added cost of complying (or not complying) with it) and, to support their position, will point to other factors, such as that there were issues between Dr. Carneiro and members of staff other than Mr. Mourinho.
Strength of feeling
This should not be underestimated, particularly where claimants or respondents have funds to pursue the litigation. The desire to prove yourself right and to have your day in court, or just not to give in to the other side can sometimes be hard to get past on both the claimant and respondent side.
Others have more altruistic intentions – the employer not wanting the employee who has committed gross misconduct to get away with it; the employee not wanting the same treatment to be meted out to future employees. Most claimants or respondents will have a price at which they're prepared to settle, but this may be totally out of proportion with the level of the likely award.
Other proceedings
Employment Tribunal proceedings may not be the only proceedings ongoing. A larger contractual claim may be planned in the civil courts, or there may be related proceedings before a regulator – particularly where misconduct is an issue.
Where there are other proceedings either pending, planned or possible, for example in the high court, or before a regulator, having a judgment on key factual matters from the Employment Tribunal can be helpful (or indeed unhelpful). Unlike the civil courts, parties bear their own legal costs and costs awards are only ordered in a very small minority of cases.20
The Employment Tribunal is therefore a relatively cheap and low risk jurisdiction to test the strength of claims. A claimant wishing to pursue matters against an employer with a regulator, or hoping that a regulator will intervene, can find a tribunal judgment a useful starting point to pique the interest of the regulatory body. This can make it harder to settle a claim and sometimes an employer may feel that they cannot make a compensation payment to an employee where there are regulatory matters ongoing, which severely limits the scope for settlement.
The FA have already cleared Mourinho of discriminatory conduct.21 Whether this could be revisited in light of a successful claim by Carneiro is an interesting prospect. Similarly, if Carneiro's claim does succeed, The FA may have awkward questions to answer as to why they took no action against Mr. Mourinho.
Following the conclusion of the respondants' unsuccessful appeal in the McCammon case, The FA subsequently took action against Gillingham and Mr Scally, issuing fines to both of them. It is not clear if The FA were simply waiting for the outcome of the Hearing before issuing its own charges, or if it was the outcome of the appeal that sparked the charges and had the matter settled at an earlier stage it would never have resulted in a charge by The FA. In any event, The FA were entitled to rely on the factual findings of the Employment Tribunal in their own disciplinary proceedings.22
As we have seen, there are a number of factors that can arise in the context of sports employment disputes that can make them tricky to settle. That said, there will still, in most cases, be a point or a range of compensation, or an overall settlement package, that fits both parties' objectives. Where this point or range lies often comes to a head just before the Hearing, when the pressure is highest on both parties to settle (rather than risk the unknown) and a 'bout of reasonableness' may break out.
Judicial mediation can be a good option in cases that are difficult to settle as the parties may be able to get a steer from the mediator as to the strengths and weaknesses of their respective cases. This can prove persuasive and encourage settlement. Unlike a Hearing, the mediation is private, the mediator has no power to make a binding decision (that is down to the parties), and any settlement the parties do reach is also private (unless the parties agree to make it public).
It will be interesting to see if the Carneiro matter goes all the way to a Hearing like the McCammon and Keegan matters, or if they are able to reach agreement at the judicial mediation. At this stage it is impossible to call.
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This work was written for and first published on LawInSport.com (unless otherwise stated) and the copyright is owned by LawInSport Ltd. Permission is granted to make digital or hard copies of this work (or part, or abstracts, of it) for personal use provided copies are not made or distributed for profit or commercial advantage, and provided that all copies bear this notice and full citation on the first page (which should include the URL, company name (LawInSport), article title, author name, date of the publication and date of use) of any copies made. Copyright for components of this work owned by parties other than LawInSport must be honoured.
- Tags: Employment Rights Act 1996 | Employment Tribunal | Football | Premier League | The FA | United Kingdom (UK)
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Libby Payne
A former competitive fencer, Libby is now an equally enthusiastic employment and sports lawyer. She acts for both employers and senior executives and also for sports clubs' agents and athletes. Having a real passion for the law, Libby enjoys coming up with creative and practical solutions to even the most novel issues.


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With Round One of Super Rugby next weekend, and the Sydney Sevens already done and dusted for another year, the 2019 Australian Rugby season is well and truly underway!
With that in mind, RUPA reached out to all of the current and former players on our Board to find out their thoughts on the year ahead; today, we hear from our youngest Board Director, Queensland Reds' Player Director Angus Scott-Young.
Angus, what are you most excited about, from an Australian Rugby perspective, in 2019?
"I am pretty excited personally, I'm coming off my first full professional year in 2018 and looking forward to playing more games this year.
"I am really looking forward to the Super Rugby season, all of the Australian teams have great talent and look like they'll be really competitive and within our squad in Queensland I think even though we're a young group it's time to perform, which excites me."
Which Australian player(s) are you most looking forward to watching in action this year, and why?
"From the Reds, spending every day with the boys in pre-season, I am particularly looking forward to seeing Jordy Petaia go about it. He's a freakish talent as an eighteen-year-old kid who came into our team last year and was a standout, and then achieved something pretty incredible by winning NRC Players' Player of the Year at the RUPA Awards. He's pretty electric, so it will be good to see how he goes.
"In terms of more established players, I think Samu Kerevi has had a really good pre-season from watching him at training. He came back from injury really well late last year and played some Wallaby games, so with him leading the group this year that will be great to see."
What does serving on the RUPA Board mean to you?
"I hadn't expected to take on such an important role with RUPA as a 21-year-old, and hadn't really been exposed to many of the nuances of Super Rugby, but it came up and I am really enjoying the opportunity so far.
"I think it is pretty gratifying to know that I am trying to voice the opinions of the players in the Super Rugby environment, especially the Reds, and I feel like I can complement the Board and represent that younger demographic as I have some strong connections with the boys in that age bracket (from playing in Australian U20s sides as well as the Reds). I feel I can represent their views in a way that does justice to them.
"I draw great satisfaction knowing that I am representing my peers in that way and I'm looking forward to seeing what I can achieve with RUPA."
What do you think is the single most pressing issue facing Australian Rugby heading into 2019?
"Obviously there have been a few issues with the game over the past couple of years, and I think improving results and pushing our claim again as an elite sporting nation will benefit the players on the field in terms of their happiness, but it will importantly stem out to help re-invigorate the fans and draw them to Rugby.
"On the back of success, it gives Rugby Australia the opportunity to do some really good things to foster those fans and it would be great to see them work with us to do everything that they can to support that."
What is your all-time favourite Australian Rugby memory?
"I've got heaps of great Wallaby memories growing up, obviously being a pretty Rugby-mad family and staying up to watch every Test, but one that really sticks in my mind is watching the Wallabies defeat the All Blacks at Suncorp Stadium in October 2017.
"We had just played the Drua in Fiji in the NRC, and we all gathered at the hotel and watched it on a big screen together. It was the first time that the Wallabies had worn the Indigenous jersey, and just seeing how they performed so well and showed so much passion in that game and a lot of grit, I really enjoyed that and it really inspired me.
"That was the breakout Wallabies season for two guys who I had been playing with in the Australian U20s for a couple of years; Lukhan Salakaia-Loto (formerly Lukhan Tui) and Izack Rodda. Although Izack didn't feature in that game, watching those two play throughout the year it really resonated with me, and with that particular performance the Wallabies played with a lot of pride."
Click here to see the 2019 Super Rugby fixture!