DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 9, 10, 18, 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Dong et al. (“Dong”) (US Patent Application Publication No. 2019/0020744) in view of Wei et al. (“Wei”) (US Patent Application Publication No. 2018/0069628).
Regarding claim 1, Dong discloses an apparatus for wireless communication at a user equipment (UE), comprising: a photo detector or an image sensor, and a transceiver (fig. 3 UE and paragraphs 0052 and 0061, bidirectional communication reads on UE transceiver, and the VLC reception by the UE inherently involves a photo detector of some kind); a memory and one or more processors, coupled to the memory (fig. 12 and paragraphs 0143-1049 in light of paragraph 0083), configured to: receive, from a base station via the photo detector or the image sensor, a downlink visible light communication (VLC) transmission (fig. 3 Downlink VLC link and paragraph 0061); receive, from the base station via the transceiver, a downlink radio frequency (RF)-based communication (RFC) transmission (fig. 3, Bidirectional Wi-Fi link and paragraph 0061), and transmit, to the base station via the transceiver and via an uplink RF transmission based at least in part on a lack of support for an uplink VLC transmission at the UE (paragraph 0061 in light of 0006), acknowledgement or negative acknowledgement (ACK/NACK) feedback associated with one or more of the downlink VLC transmission or the downlink RFC transmission (paragraph 0070 in light of paragraph 0083). Dong does not expressly state that RF uplink acknowledgement or negative acknowledgement (ACK/NACK) feedback is associated with the downlink VLC transmission. However, Dong is resolving a problem by uplink transmission performed using RF. Since a transmit end device cannot correctly and effectively send VLC MAC information, including an ACK frame, generated by the user, to a receive end device, the RF link is used (paragraphs 0008 and 0009). In such a scenario, if an uplink VLC ACK message was attainable, it would necessarily be associated with its corresponding VLC downlink transmission, since the ACK is inherently the acknowledgement closing the handshake signaling between the access point and the user. However, Dong discloses that when a user needs to send MAC information to the VLC AP, the MAC information can be directly sent to the VLC AP by using a Wi-Fi link (paragraph 0061), including an ACK message (paragraph 0005). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to associate use of the ACK feedback via the RF uplink with the downlink VLC transmission, to close a handshake process with the access point that is using downlink VLC transmission.
Dong does not disclose that a frame structure associated with the downlink VLC transmission is asynchronous with a frame structure associated with the downlink RFC transmission. However, Dong discloses the VLC downlink and Wi-Fi downlink as options (fig. 3 and paragraph 0061). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use asynchronous frames from the respective VLC and Wi-Fi transmissions, since the protocols are not dependent on each other, are using different transmission media and different portions of the electromagnetic spectrum, and synchronizing them would require unnecessary coordination of the two protocols.
Also, Dong discloses the RF link as LTE (4G) (paragraph 0076), but not as NR (5G). However, NR is the progression of LTE to the next generation, and applicable for the dual VLC and RF communication environment, as taught by Wei (fig. 1 and paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use NR for the RF protocol, since it is the next generation after the disclosed LTE protocol of Dong.
Regarding claim 9, the combination of Dong and Wei discloses the apparatus of claim 1, wherein the UE is configured for an NR-VLC carrier aggregation or an NR-VLC dual connectivity (Dong: fig. 3, dual RF and VLC connectivity, as applicable for the combination in light of Wei).
Regarding claim 10, Dong discloses an apparatus for wireless communication at a base station, comprising: a light emitting diode or a laser diode (fig. 3 and paragraphs 0052 and 0061); a transceiver (fig. 3 VLC APn and paragraph 0061), a memory and one or more processors coupled to the memory (fig. 12 and paragraphs 0143-1049 in light of paragraph 0083) configured to: transmit, to a user equipment (UE) via the light emitting diode or the laser diode, a downlink visible light communication (VLC) transmission (fig. 3 Downlink VLC link and paragraph 0061); transmit, to the UE via the transceiver, a downlink radio frequency (RF)-based communication (RFC) transmission (fig. 3, Bidirectional Wi-Fi link and paragraph 0061); and receive, from the UE via the transceiver and via an uplink RF transmission based at least in part on a lack of support for an uplink VLC transmission at the UE (paragraph 0061 in light of 0006), acknowledgement or negative acknowledgement (ACK/NACK) feedback associated with one or more of the downlink VLC transmission or the downlink RFC transmission (paragraph 0070 in light of paragraph 0083). Dong does not expressly state that RF uplink acknowledgement or negative acknowledgement (ACK/NACK) feedback is associated with the downlink VLC transmission. However, Dong is resolving a problem by uplink transmission performed using RF. Since a transmit end device cannot correctly and effectively send VLC MAC information, including an ACK frame, generated by the user, to a receive end device, the RF link is used (paragraphs 0008 and 0009). In such a scenario, if an uplink VLC ACK message was attainable, it would necessarily be associated with its corresponding VLC downlink transmission, since the ACK is inherently the acknowledgement closing the handshake signaling between the access point and the user. However, Dong discloses that when a user needs to send MAC information to the VLC AP, the MAC information can be directly sent to the VLC AP by using a Wi-Fi link (paragraph 0061), including an ACK message (paragraph 0005). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to associate use of the ACK feedback via the RF uplink with the downlink VLC transmission, to close a handshake process with the access point that is using downlink VLC transmission.
Dong does not disclose that a frame structure associated with the downlink VLC transmission is asynchronous with a frame structure associated with the downlink RFC transmission. However, Dong discloses the VLC downlink and Wi-Fi downlink as options (fig. 3 and paragraph 0061). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use asynchronous frames from the respective VLC and Wi-Fi transmissions, since the protocols are not dependent on each other, are using different transmission media and different portions of the electromagnetic spectrum, and synchronizing them would require unnecessary coordination of the two protocols.
Also, Dong discloses the RF link as LTE (4G) (paragraph 0076), but not as NR (5G). However, NR is the progression of LTE to the next generation, and applicable for the dual VLC and RF communication environment, as taught by Wei (fig. 1 and paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use NR for the RF protocol, since it is the next generation after the disclosed LTE protocol of Dong.
Regarding claim 18, Dong discloses a method of wireless communication performed by a user equipment (UE), comprising: receiving, from a base station, a downlink visible light communication (VLC) transmission (fig. 3 Downlink VLC link and paragraphs 0052 and 0061); receiving, from the base station, a downlink radio frequency (RF)-based communication (RFC) transmission, wherein a frame structure associated with the downlink VLC transmission is asynchronous with a frame structure associated with the downlink NR RFC transmission (fig. 3, Bidirectional Wi-Fi link and paragraph 0061); and transmitting, to the base station via an uplink RF transmission based at least in part on a lack of support for an uplink VLC transmission at the UE (paragraph 0061 in light of 0006), acknowledgement or negative acknowledgement (ACK/NACK) feedback associated with one or more of the downlink VLC transmission or the downlink RFC transmission (paragraph 0070 in light of paragraph 0083). Dong does not expressly state that RF uplink acknowledgement or negative acknowledgement (ACK/NACK) feedback is associated with the downlink VLC transmission. However, Dong is resolving a problem by uplink transmission performed using RF. Since a transmit end device cannot correctly and effectively send VLC MAC information, including an ACK frame, generated by the user, to a receive end device, the RF link is used (paragraphs 0008 and 0009). In such a scenario, if an uplink VLC ACK message was attainable, it would necessarily be associated with its corresponding VLC downlink transmission, since the ACK is inherently the acknowledgement closing the handshake signaling between the access point and the user. However, Dong discloses that when a user needs to send MAC information to the VLC AP, the MAC information can be directly sent to the VLC AP by using a Wi-Fi link (paragraph 0061), including an ACK message (paragraph 0005). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to associate use of the ACK feedback via the RF uplink with the downlink VLC transmission, to close a handshake process with the access point that is using downlink VLC transmission.
Dong does not disclose that a frame structure associated with the downlink VLC transmission is asynchronous with a frame structure associated with the downlink RFC transmission. However, Dong discloses the VLC downlink and Wi-Fi downlink as options (fig. 3 and paragraph 0061). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use asynchronous frames from the respective VLC and Wi-Fi transmissions, since the protocols are not dependent on each other, are using different transmission media and different portions of the electromagnetic spectrum, and synchronizing them would require unnecessary coordination of the two protocols.
Also, Dong discloses the RF link as LTE (4G) (paragraph 0076), but not as NR (5G). However, NR is the progression of LTE to the next generation, and applicable for the dual VLC and RF communication environment, as taught by Wei (fig. 1 and paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use NR for the RF protocol, since it is the next generation after the disclosed LTE protocol of Dong.
Regarding claim 24, the combination of Dong and Wei discloses the method of claim 18, wherein the UE is configured for an NR-VLC carrier aggregation or an NR-VLC dual connectivity (Dong: fig. 3, dual RF and VLC connectivity, as applicable for the combination in light of Wei).
Regarding claim 25, Dong discloses a method of wireless communication performed by a base station, comprising: transmitting, to a user equipment (UE), a downlink visible light communication (VLC) transmission; transmitting, to the UE, a downlink radio frequency (RF)- based communication (RFC) transmission (fig. 3, Bidirectional Wi-Fi link and paragraph 0061), and receiving, from the UE via an uplink RF transmission based at least in part on a lack of support for an uplink VLC transmission at the UE (paragraph 0061 in light of 0006), acknowledgement or negative acknowledgement (ACK/NACK) feedback associated with one or more of the downlink VLC transmission or the downlink RFC transmission (paragraph 0070 in light of paragraph 0083). Dong does not disclose that a frame structure associated with the downlink VLC transmission is asynchronous with a frame structure associated with the downlink RFC transmission. However, Dong discloses the VLC downlink and Wi-Fi downlink as options (fig. 3 and paragraph 0061). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use asynchronous frames from the respective VLC and Wi-Fi transmissions, since the protocols are not dependent on each other, are using different transmission media and different portions of the electromagnetic spectrum, and synchronizing them would require unnecessary coordination of the two protocols.
Also, Dong discloses the RF link as LTE (4G) (paragraph 0076), but not as NR (5G). However, NR is the progression of LTE to the next generation, and applicable for the dual VLC and RF communication environment, as taught by Wei (fig. 1 and paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use NR for the RF protocol, since it is the next generation after the disclosed LTE protocol of Dong.
Allowable Subject Matter
Claims 2-8, 11-17, 19-23 and 26-30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 25 June 2026 have been fully considered but they are not persuasive. First, the argument doesn’t apply to claim 25 because it was not amended. Second, Applicant argues that Dong does not disclose the uplink RF acknowledgement transmission is “associated with the downlink VLC transmission.” However, the acknowledgement is inherently the closing message of a handshake process. Though Dong doesn’t expressly make the claimed association, it would be obvious for the existing VLC downlink and RF uplink communication scenario, as further explained in the rationale above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/NATHAN M CORS/Primary Examiner, Art Unit 2634
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