DETAILED ACTION
Responsive to the Applicant’s reply filed on 08/25/2025, Applicant’s arguments have been carefully considered and responded in the following. Claims 1-18 are pending with claims 1 and 12 being in independent form.
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 .
Examiner's Instructions for filing Response to this Office Action
When the Applicant submits amendments regarding to the claims in response the Office Action, the Examiner would like Applicant to provide a clean copy of the claims to facilitate the prosecution which otherwise requires extra time in editing the marked-up claims from OCR.
Please submit two sets of claims:
Set #1 as in a typical filing which includes indicators for the status of claim and all marked amendments to the claims; and
Set #2 as an appendix to the Arguments/Remarks for a clean version of the claims which has all the markups removed for entry by the Examiner.
Response to Arguments
The claim amendments and remarks filed by the Applicant on 08/25/2025, have been carefully considered and are responded in the following.
In response to the Applicant arguments, page(s) 5, regarding claim objections for informality, the amendments have resolved the issues. Accordingly, the objections are withdrawn.
In response to the Applicant arguments, page(s) 5, regarding claim rejections under 35 U.S.C. 101, the amendments have resolved the issues. Therefore, the rejections are withdrawn.
Applicant’s arguments, page(s) 6 of the Remarks, with regards to claim rejections under 35 U.S.C. § 102 have been considered carefully.
Applicant basically argues the date of the reference and states:
“The present application is a continuation application of US Patent Application No. 16/881,186, filed May 22, 2020, which claims benefit of U.S. Provisional Application No. 62/851,527, filed May 22, 2019. As-Filed Specification, paragraph [0001]. PUB-892 (US 20220164892) has an earliest priority date of November 23, 2020, after the earliest priority date of the present application. Therefore, PUB-892 does not qualify as prior art against the present application under either 35 U.S.C. @ 102(a)(1) or 102(a)(2).”
In response, the Examiner respectfully disagrees because, US Patent Application No. 16/881,186 does not satisfy 35 U.S.C. 120 to allow the instant application to claim its benefit of the filing date of the 16/881,186 application. See 35 U.S.C. 120 (pre-AIA ) Benefit of earlier filing date in the United States and MPEP 1504.20 Benefit Under 35 U.S.C. 120 [R-10.2019]. It is evident that the earlier filed application is not pending when the instant application is filed. The issue fee for Application No. 16/881,186 was paid on 10/27/2023. And the instant application was filed on 11/12/2023, which is after the issue fee for Application No. 16/881,186 was paid.
As such, Applicant’s arguments are not persuasive and the 102 rejection is sustained.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120.
An application for patent for an invention disclosed in the manner provided by section 112(a) (other than the requirement to disclose the best mode) in an application previously filed in the United States, or as provided by section 363 or 385 which names an inventor or joint inventor in the previously filed application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application. No application shall be entitled to the benefit of an earlier filed application under this section unless an amendment containing the specific reference to the earlier filed application is submitted at such time during the pendency of the application as required by the Director. The Director may consider the failure to submit such an amendment within that time period as a waiver of any benefit under this section. The Director may establish procedures, including the requirement for payment of the fee specified in section 41(a)(7), to accept an unintentionally delayed submission of an amendment under this section.
The instant application is filed on 11/12/2023 which is after the issue fee for Application No. 16/881,186 was paid on 10/27/2023. As such, It is determined that the instant application does not have domestic benefits from the earlier filed application #16/881186 although it is listed in the Application Data Sheet (ADS) wherein it is intended for a claim of the domestic and the provisional benefits of the prior application, reaching back to 05/22/2019.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-18 rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2).as being anticipated by PUB-892 (US 20220164892 A1).
As per claim 1, PUB-892 teaches a cyber security system comprising:
one or more hardware processors;
memory storing instructions that, when executed by the one or more hardware processors, cause the one or more hardware processors to implement:
an attribute extractor to extract an event from a data resource, the event including an identifier associated with an originator and including an attribute (par. 0084-0085: the attribute extractors 1204);
an attribute router in communication with the attribute extractor (par. 0085, 0089, and 0095: an attribute router 1206);
an inference engine in communication with the attribute router and having an associated lattice, the lattice to receive the attribute and to generate a predictive event, the attribute router to route the event to the inference engine (par. 0090-0092 and 0095-0097: inference engine 1308); and
a monitoring server in communication with the inference engine, the inference engine to provide the predictive event to the monitoring server (par. 0064, 0098, and 0178: a monitoring server).
As per claim 2, PUB-892 teaches the cyber security system of claim 1, wherein the predictive event includes the identifier associated with the originator, a set of attributes including the attribute, an identity of the lattice, and a reached node within the lattice (par. 0179 and 0185: the identifier associated with the originator).
As per claim 3, PUB-892 teaches the cyber security system of claim 2, wherein the predictive event further includes a session identifier and a progress (par. 0179-0180: For example, the predictive event further includes a session identifier and a progress).
As per claim 4, PUB-892 teaches the cyber security system of claim 1, further comprising a progress forwarded to receive the predictive event from the inference engine and to provide the predictive event to the monitoring server (PAR. 0180: a progress forwarded to receive the predictive event).
As per claim 5, PUB-892 teaches the cyber security system of claim 1, wherein the inference engine includes a queue and inference threads (par. 0181: a queue and inference threads).
As per claim 6, PUB-892 teaches the cyber security system of claim 1, wherein the inference engine includes the lattice and a lattice start attribute (par. 0182: lattice and a lattice start attribute), the inference engine to start a new session when an attribute associated with the lattice start attribute is received (par. 0182: start a new session when an attribute associated with the lattice start attribute is received).
As per claim 7, PUB-892 teaches the cyber security system of claim 1, wherein the inference engine further includes an output forwarder in communication with a prediction forwarder (par. 0183: output forwarder in communication with a prediction forwarder).
As per claim 8, PUB-892 teaches the cyber security system of claim 1, further comprising a deployment database (par. 0098 and 0184: a deployment database).
As per claim 9, PUB-892 teaches the cyber security system of claim 8, wherein the deployment database includes an attribute-lattice database, the attribute router to select the inference engine at least in part based on the attribute-lattice database (par. 0184: based on the attribute lattice database).
As per claim 10, PUB-892 teaches the cyber security system of claim 8, wherein the deployment database includes a lattice-lattice address database, the attribute router to select the inference engine at least in part based on the lattice-lattice address database (par. 0184: includes a lattice-lattice address database; select the inference engine at least in part based on the lattice-lattice address database).
As per claim 11, PUB-892 teaches the cyber security system of claim 8, wherein the deployment database includes a lattice database (par. 0184: a lattice database).
As per claim 12. A method for monitoring a computing environment, the method comprising:
detecting an event with an attribute extractor, the event associating an attribute with an identifier associated with an originator (par. 0084: The attribute extractors 1204 extract events 1216; The events 1216 can include an originator 1220 and an attribute 1224…which can be detected; n event 1216 can be associated with an originator 1220 accessing the computing assets and an attribute);
routing the event to an inference engine of a plurality of inference engines using an attribute router in communication with the attribute extractor, the attribute router selecting the inference engine based at least in part on the attribute and a lattice associated with the inference engine (par. 0089: The event 1304 is provided to an attribute router 1306 that determines whether to route the attribute to that lattice traverser, as illustrated at 1310; par. 0178 and 0185: the attribute router to route the event to the inference engine);
determining a predictive event with the inference engine, the predictive event including the identifier associated with the originator, a set of attributes including the attribute, an identity of the lattice, and a reached node (par. 0185: determining a predictive event with the inference engine, the predictive event including the identifier associated with the originator); and
forwarding the predictive event to a monitoring server (par. 0185-0186: forwarding the predictive event to a monitoring server).
As per claim 13, PUB-892 teaches the method of claim 12, wherein a prediction forwarder receives the predictive event from the inference engine and forwards the predictive event to the monitoring server (par. 0186: a prediction forwarder receives the predictive event from the inference engine and forwards the predictive event to the monitoring server.).
As per claim 14, PUB-892 teaches the method of claim 12, wherein the predictive event further includes a session identification (par. 0187: the predictive event further includes a session identification).
As per claim 15, PUB-892 teaches the method of claim 12, wherein the predictive event further includes an indication of progress (par. 0188: the predictive event further includes an indication of progress).
As per claim 16, PUB-892 teaches the method of claim 12, further comprising:
determining with the inference engine whether the attribute matches a lattice start attribute (par. 0189: determining with the inference engine whether the attribute matches a lattice start attribute); and
starting a new session in response to the attribute matching the lattice start attribute (par. 0189: starting a new session in response to the attribute matching the lattice start attribute).
As per claim 17, PUB-892 teaches the method of claim 12, further comprising determining with the inference engine a lattice position (par. 0190: determining with the inference engine a lattice position).
As per claim 18, PUB-892 teaches the method of claim 17, further comprising determining whether the lattice position is at a bottom position within the lattice and deleting the session when the lattice position is at the bottom (par. 0190: determining whether the lattice position is at a bottom position…and determining whether the lattice position is at a bottom position).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Don Zhao whose telephone number is (571)272-9953. The examiner can normally be reached on 9 am to 5 pm Monday thru Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Colin can be reached on 571-272-3862. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Don G Zhao/
Examiner, Art Unit 2493
09/19/2025
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