Office Action Predictor
Application No. 17/539,127

ADVANCED CYBERSECURITY THREAT MITIGATION USING SOFTWARE SUPPLY CHAIN ANALYSIS

Non-Final OA §DP
Filed
Nov 30, 2021
Examiner
PYZOCHA, MICHAEL J
Art Unit
2409
Tech Center
2400 — Computer Networks
Assignee
Qomplx LLC
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
68%
With Interview

Examiner Intelligence

80%
Career Allow Rate
699 granted / 870 resolved
Without
With
+-11.8%
Interview Lift
avg trend
3y 2m
Avg Prosecution
30 pending
900
Total Applications
career history

Statute-Specific Performance

§101
17.3%
-22.7% vs TC avg
§103
47.1%
+7.1% vs TC avg
§102
9.2%
-30.8% vs TC avg
§112
12.5%
-27.5% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§DP
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. Claims 1-8 are pending. This Action is Non-Final . Information Disclosure Statement The information disclosure statement filed 30 November 2021 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document ; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. More specifically neither of the two (2) listed Foreign Patent Documents have been provided and as such have not been considered. The remaining documents presented on this IDS have been considered by the Examiner. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claims 1-8 are rejected on the ground of nonstatutory double patenting a s being unpatentable over claims 1-8 of U.S. Patent No. 11,218,510 . Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the ‘510 patent contain each and every limitation of the currently pending claims (and additional limitations) and therefore anticipate the present claims . More specifically, currently pending claim 1 directly corresponds to claim 1 of the ‘510 patent where claim 1 of the ‘510 patent contains additional limitations towards a “software analyzer”. Dependent claims 2-4 are equivalent in both documents. Additionally, claim 5 of the present application receives a component identifier for each of one or more software components where claim 5 of the ‘510 patent receives a software application for analysis and identif ies one or more software components . As such, claim 5 of the ‘510 patent anticipates claim 5 of the present application. Dependent claims 6-8 are equivalent in both documents. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: the references put forth on the PTO-892 form are directed towards vulnerability assessments of software and/or software supply chain protections. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MICHAEL J PYZOCHA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3875 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday 7:30am-5:00pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Hadi Armouche can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-3618 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Michael Pyzocha/ Primary Examiner, Art Unit 2409
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Prosecution Timeline

Nov 30, 2021
Application Filed
Dec 16, 2025
Non-Final Rejection — §DP
Mar 16, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
68%
With Interview (-11.8%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 870 resolved cases by this examiner