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 .
Status of Claims
Claims 1-6 are pending in this application.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cole et al(US 2012/0144493).
Claim 1: Cole disclose An API-based automated network scanner method comprising an optimized host discovery and open port scanner and service-version enumerator and vulnerability assessment application using the a Network Mapper (Nmap) and Scripting Engine (NSE) integrated with enhanced VulScan and Vulners modules and their databases with enhancement and optimization rules to find Common Vulnerabilities and Exposures (CVE) and possible security issues and threats to provide a detailed report about the results in (page 6[0039-0041]; page 7[0047];page 8[0078],[0083]:system selects a set of vulnerability attacks for each responsive computer on a network each selected vulnerability attack for each responsive computer designed to expose a vulnerability associated with ports; network security score calculation module runs computer instructions for calculating a network security score according to defined vulnerabilities exposures. System comprises a scanning module that scans a target network to identify security vulnerabilities within specific host computers of the target network. Further confirming the presence of vulnerabilities on the network by applying an automated vulnerability script to each responsive port represented in the list of responsive ports, each of the automated vulnerability scripts testing a vulnerability known to be associated with a computer configuration. Based on the responses or lack of responses, the ICMP host discovery routine is able to determine that certain target computers are live of probably live and the associated IP addresses are added to a respective live database or probably live database accordingly).
Allowable Subject Matter
Claims 2-6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
USPTO Contact Information
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/HOSUK SONG/Primary Examiner, Art Unit 2435
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