Prosecution Insights
Last updated: May 29, 2026
Application No. 18/310,617

INCREASING DATA AVAILABILITY

Non-Final OA §112
Filed
May 02, 2023
Priority
Dec 20, 2019 — continuation of 11/683,248
Examiner
BARRY, LANCE LEONARD
Art Unit
2457
Tech Center
2400 — Computer Networks
Assignee
Forescout Technologies Inc.
OA Round
5 (Non-Final)
84%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
336 granted / 398 resolved
+26.4% vs TC avg
Moderate +5% lift
Without
With
+5.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
21 currently pending
Career history
424
Total Applications
across all art units

Statute-Specific Performance

§101
7.6%
-32.4% vs TC avg
§103
67.0%
+27.0% vs TC avg
§102
1.7%
-38.3% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 398 resolved cases

Office Action

§112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Authorization for Internet Communication To expedite prosecution, the Examiner recommends filing a written authorization for Internet communication. Doing so permits the USPTO to communicate using Internet email to schedule interviews or discuss other aspects of the application. Without a written authorization in place, the USPTO cannot respond to Internet correspondence. The preferred method of providing authorization is by filing form PTO/SB/439, available at: https://www.uspto.gov/patent/forms/forms. See MPEP § 502.03. Claim Objections Claims 1, 3, 6-8, 10, 12, 13, 14, 16, and 18-20 are objected to because the comma in “adding network infrastructure login information, or obtaining an updated profile library” of claims 1, 8, and 20 should be omitted. Claims 8, 10, 12, and 13 are objected to because the operations of access, determine, store, and perform of claim 8 should be indented under “a processing device, operatively coupled to the memory, to:”. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6, 7, 13, and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claims 6, 7, 13, and 19, it is unclear to which of the plural recitations of “an entity”, “the entity” refers. This could be overcome by amending the latter to “the selected entity” or “the entity on the network.” The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Specification The title of the invention is objected to for not being descriptive as could be. It is identical to those of the parent application. It should be tailored to the claims of the instant application. The abstract is objected to for not being descriptive as it could be. It should be amended to reflect performing a remediation action with respect to the data source associated with the one or more unavailable properties that are not present in the network traffic, wherein the remediation action comprises at least one of adding network infrastructure login information, or obtaining an updated profile library, wherein adding the network infrastructure login information enables access to an address resolution protocol (ARP) table. Drawings Figures 4-6 are objected to under 37 CFR 1.84(l) and 37 (p)(1) because these are not sufficiently dense and dark, uniformly thick and well-defined, or plain and legible. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. Objection to the drawings will not be held in abeyance. Citation of Other Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to the instant disclosure. CA 3056064 teaches accessing network traffic (¶ 114), determining values associated with properties (¶ 27 packet analysis by network monitor device 102 including accessing a MAC address, protocol information, payload, and dynamic host control protocol patterns), and determining a classification attribute (¶ 85 determine operating system of a device. US 20160219065 captures packets of an anomalous traffic flow for analysis (¶ 1). US 20180365593 uses discourse analysis to improve document classification used in data loss prevention systems (¶ 2). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lance Leonard Barry whose telephone number is (571)272-5856. The examiner can normally be reached M-F 700-430 ET. 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, Ario Etienne can be reached on 571-272-4001. 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. /LANCE LEONARD BARRY/ Primary Examiner, Art Unit 2457
Read full office action

Prosecution Timeline

Show 26 earlier events
Sep 23, 2025
Examiner Interview (Telephonic)
Oct 30, 2025
Final Rejection mailed — §112
Jan 26, 2026
Response after Non-Final Action
Feb 12, 2026
Examiner Interview Summary
Feb 12, 2026
Applicant Interview (Telephonic)
Feb 24, 2026
Request for Continued Examination
Mar 14, 2026
Response after Non-Final Action
Apr 23, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
84%
Grant Probability
90%
With Interview (+5.1%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 398 resolved cases by this examiner. Grant probability derived from career allowance rate.

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