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 .
DETAILED ACTION
1.This action is response to application filed on 06/04/2024. Claims 21-40 are pending.
Allowable Subject Matter
2. Claims 21, 32 and 38, recite allowable subject matter. There are no prior arts of record, singly or in combination teaches the feature of claim(s) limitations in context of the claims as a whole. However, claims 21, 32 and 38 are not in allowance condition yet because of existing double patenting issues and those claims. The prior art Seinen (US 20190095632) teaches a system for managing electronic laboratory notebook which allows locally stored files to be used and severed by a remotely hosted website on the internet (Seinen abstract). The system includes a local storage server storing the at least one file and associate an ID. The local storage server generates a hash value in dependence on the at least one file by encrypting the hash value using the public key along with other meta data like file date, modification, encoding, in particular on the content of the at least one file. The encrypted hash value be transferred from the local storage server back to the client software, then the client software forwards the encrypted hash value, in particular as part of a message, to the ELN managing application, and/or in particular to the ELN host server (Seinen [0038]). But the Seinen does not teach a method of automatically identifying restricted content on a computer system, said method comprising: retrieving metadata from a storage device of a remote computer network, wherein the metadata comprises hash values associated with files stored on the storage device, wherein the retrieving metadata from the storage device of said remote computer network comprises retrieving only metadata from the storage device for files that have been added or modified since a previous scan; scanning the metadata; and flagging a respective file stored on the storage device when a hash value associated with said respective file substantially matches a hash value associated with known restricted content as determined by the scanning as claimed. The same reasons apply to claims 32 and 38. Claims 22-31, 33-37, and 39-40 are also objected because they depend on objected claims 21, 32 and 38.
Double patenting
3. 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).
4. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
5. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
6. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
7. Claims 21-28, 32-37 and 38 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 11,962,625 because the examined application claim is anticipated by the reference claim(s). Although the claims at issue are not identical, they are not patentably distinct from each other because both of them describe a similar method for flagging a respective file stored on the storage device when a hash value associated with said respective file substantially matches a hash value associated with known restricted.
The current application 18636107
US Patent 11,962,625
Explanation
21. A method of automatically identifying restricted content on a computer system, said method comprising:
retrieving metadata from a storage device of a remote computer network, wherein the metadata comprises hash values associated with files stored on the storage device, wherein the retrieving metadata from the storage device of said remote computer network comprises retrieving only metadata from the storage device for files that have been added or modified since a previous scan;
scanning the metadata; and
flagging a respective file stored on the storage device when a hash value associated with said respective file substantially matches a hash value associated with known restricted content as determined by the scanning.
22.The method as described in Claim 21, further comprising identifying a network location within said storage device associated with the hash value associated with said respective file.
23.The method as described in Claim 21, further comprising identifying a user associated with the hash value associated with said respective file.
24.The method as described in Claim 21, further comprising identifying a computer system associated with the hash value associated with said respective file.
25.The method as described in Claim 21, wherein the hash values comprise an MD5 hash.
26.The method as described in Claim 21, wherein the hash values comprise an SHA hash.
27.The method as described in Claim 21, further comprising identifying computer systems of the remote computer network that are powered off.
28.The method as described in Claim 21, further comprising identifying files of said computer network that are inaccessible.
1.A method of automatically identifying restricted content on a computer system, said method comprising:
accessing a remote computer network;
identifying a storage device of said remote computer network;
retrieving metadata from the storage device of said remote computer network, wherein the metadata comprises hash values associated with files stored on the storage device, wherein the retrieving metadata from the storage device of said remote computer network comprises retrieving only metadata from the storage device for files that have been added or modified since a previous scan;
retrieving hash values associated with known restricted content from a remote database, wherein a hash value uniquely identifies a respective file and is based on a digest thereof;
comparing said hash values associated with files stored on the storage device to said hash values associated with known restricted content; and
flagging the respective file stored on the storage device and indicating a file identifier associated with said respective file when a hash value associated with said respective file substantially matches at least one of said hash values associated with known restricted content.
2.The method as described in claim 1, further comprising identifying a network location within said storage device associated with the hash value associated with said respective file.
3.The method as described in claim 1, further comprising identifying a user associated with the hash value associated with said respective file.
4.The method as described in claim 1, further comprising identifying a computer system associated with the hash value associated with said respective file.
5.The method as described in claim 1, wherein the hash values comprise an MD5 hash.
6. The method as described in claim 1, wherein the hash values comprise an SHA hash.
7.The method as described in claim 1, further comprising identifying computer systems of the remote computer network that are powered off.
8. The method as described in claim 1, further comprising identifying files of said computer network that are inaccessible.
See below for details
8. Explanation:
In examiner’s view, ‘comparing said hash values associated with files stored on the storage device to said hash values associated with known restricted content’ of US Patent 16700908 reads on ‘scanning the metadata’ of the current application. Similar remarks apply to the instant claims 32-37 and 38.
Conclusions
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAN DAI T TRUONG whose telephone number is (571)272-7959. The examiner can normally be reached Monday-Friday 7:00 Am to 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Follansbee John A can be reached on 571-272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAN DAI T TRUON Primary Examiner, Art Unit 2444