DETAILED ACTION
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 .
Response to Amendment
This Office action is in response to communications filed on 7/28/2026.
Claims 2, 9, 15 and 22 have been amended.
Claims 1-25 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 9, the limitations as amended recite “determining a type of content based on the deep packet inspection.”
The specification as filed does not support the claimed limitations.
For example, paragraph [0015] recites “perform deep inspection on a received content; and determine a type of content based on the deep inspection” but “deep inspection” is not necessarily the same as “deep packet inspection.”
Similarly, paragraph [0053] recites “an asset importance score is determined based on: a type of the digital asset, a data accessible through the asset (e.g., as determined through deep packet inspection), a network protocol message reply from the asset, a network protocol message response, a combination thereof, and the like.”
However, in paragraph [0053] the type of digital asset is not determined through deep packet inspection, instead what’s determined through deep packet inspection is “data accessible through the asset.”
Therefore, the specification as filed does not support “determining a type of content based on the deep packet inspection” as claimed.
Allowable Subject Matter
Claims 1-8, 10-21, and 23-25 are allowed.
No reason for allowance is necessary as the record is clear. See MPEP 1302.14(I).
Claims 9 and 22 would be allowable by overcoming all 35 USC 112 rejections set forth 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BORIS D GRIJALVA LOBOS whose telephone number is (571)272-0767. The examiner can normally be reached M-F 10:30AM to 6:30PM EST.
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/BORIS D GRIJALVA LOBOS/ Primary Patent Examiner, Art Unit 2496
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