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 is a reply to the amendment filed on 12/23/2025, in which, claim(s) 1-8 are pending. Claim(s) 1, 3, 5, and 7 are amended. No claim(s) are cancelled or newly added.
Response to Arguments
Claim Objection:
Applicant’s arguments with respect to objection of claim(s) 1, 3, 5, and 7 have been considered. The objection of claim(s) 1, 3, 5, and 7 have been withdrawn in view of the amendment to claim.
Double Patenting Rejection:
Applicant’s remarks regarding double patenting rejections have been acknowledged. Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is substantially similar. (as highlighted below)
Patent No. 12,041,091 (17/245,964)
Instant Application No. (18/765,262)
Claim 1. A system for automated Internet-scale vulnerability scanning and enhanced security profiling, comprising:
a cyber-physical graph module comprising a first plurality of programming instructions stored in a memory of, and operating on a processor of, a computing device, wherein the first plurality of programming instructions, when operating on the processor, cause the computing device to create a cyber-physical graph of an organization using information, the cyber-physical graph comprising nodes representing entities associated with the organization and edges representing relationships between the entities associated with the organization;
a reconnaissance engine comprising a second plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the second plurality of programming instructions, when operating on the processor, cause the computing device to:
perform a reconnaissance search using the cyber-physical graph; and apply some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization; and
a scheduler comprising a third plurality of programming instructions stored in a memory of, and operating on a processor of, a computing device, wherein the third plurality of programming instructions, when operating on the processor, cause the computing device to:
store and maintain a schedule; and operate a plurality of web crawlers based on the stored schedule, wherein a web crawler:
retrieves a plurality of domains from a database, the plurality of domains being associated with the organization; requests a web page associated with at least one of the retrieved domains; receives a response to the request from a web server; provides input to an interactive element of the web page; receives a result from the web server, the result being based on the provided input; indexes the result; and store the indexed results from the plurality of web crawlers; and
a scoring engine comprising a fourth plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the fourth plurality of programming instructions, when operating on the processor, cause the computing device to:
receive the cybersecurity profile and the reconnaissance search results; retrieve the indexed results; using the cyber-physical graph and the indexed results: identify a plurality of cybersecurity risks associated with the organization, the cybersecurity risks being based on the indexed results; determine a business impact for each cybersecurity risk identified; assign a network resilience rating to the organization; and determine a functional cybersecurity score for the organization based at least on the network resilience rating.
Claim 1. A computing system for automated Internet-scale vulnerability scanning and enhanced security profiling, the computing system comprising:
one or more hardware processors configured for:
performing a reconnaissance search using a cyber-physical graph, the cyber-physical graph comprising nodes representing entities associated with an organization and edges representing relationships between the entities by:
retrieving a plurality of domains, the plurality of domains being associated with the organization; requesting a web page associated with at least one of the retrieved domains; receiving a response to the request from a web server; providing input to an interactive element of the web page; receiving one or more results from the web server, the one or more results being based on the provided input; and
indexing the one or more results;
applying some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization associated with the cyber-physical graph by:
identifying a plurality of cybersecurity risks associated with the organization, the cybersecurity risks being based on the indexed results;
determining a business impact for each cybersecurity risk identified;
assigning a network resilience rating to the organization based on the business impact for each cybersecurity risk identified; and
determining a functional cybersecurity score for the organization based at least on the network resilience rating; and
running one or more graph analysis algorithms on the cyber-physical graph to determine a potential blast radius for a cybersecurity attack.
Patent No. 11,750,659 (17/216,939)
Instant Application No. (18/765,262)
Claim 1. A system for cybersecurity profiling and rating using internal and external reconnaissance, comprising:
a cyber-physical graph module comprising a first plurality of programming instructions stored in a memory of, and operating on a processor of, a computing device, wherein the first plurality of programming instructions, when operating on the processor, cause the computing device to create a cyber-physical graph of an organization, the cyber-physical graph comprising nodes representing entities associated with the organization and edges representing relationships between entities associated with the organization;
a reconnaissance engine comprising a second plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the second plurality of programming instructions, when operating on the processor, cause the computing device to:
perform a reconnaissance search using the cyber-physical graph; and apply some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization; and
a scoring engine comprising a third plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the third plurality of programming instructions, when operating on the processor, cause the computing device to:
receive the cybersecurity profile and the results of the reconnaissance search; using the cyber-physical graph and the reconnaissance search results: estimate a frequency and severity of cyber-attacks on the organization;
identify a plurality of cybersecurity risks associated with the organization; determine a business impact for each cybersecurity risk identified; assign a network resilience rating to the organization; and determine a functional cybersecurity score for the organization based at least on the network resilience rating.
Claim 1. A computing system for automated Internet-scale vulnerability scanning and enhanced security profiling, the computing system comprising:
one or more hardware processors configured for:
performing a reconnaissance search using a cyber-physical graph, the cyber-physical graph comprising nodes representing entities associated with an organization and edges representing relationships between the entities by:
retrieving a plurality of domains, the plurality of domains being associated with the organization;
requesting a web page associated with at least one of the retrieved domains;
receiving a response to the request from a web server;
providing input to an interactive element of the web page;
receiving one or more results from the web server, the one or more results being based on the provided input; and
indexing the one or more results;
applying some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization associated with the cyber-physical graph by:
identifying a plurality of cybersecurity risks associated with the organization, the cybersecurity risks being based on the indexed results;
determining a business impact for each cybersecurity risk identified;
assigning a network resilience rating to the organization based on the business impact for each cybersecurity risk identified; and
determining a functional cybersecurity score for the organization based at least on the network resilience rating; and
running one or more graph analysis algorithms on the cyber-physical graph to determine a potential blast radius for a cybersecurity attack.
Therefore, the double patenting rejections are maintained.
Double Patenting
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 claims at issue 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-8 are non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over:
Claims 1-4 of Patent 12,041,091.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-8 are anticipated by claims 1-4 of Patent 12,041,091.
Claims 1-8 are non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over:
Claims 1-4 of Patent 11,750,659.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-8 are anticipated by claims 1-4 of Patent 11,750,659.
Patent No. 12,041,091 (17/245,964)
Instant Application No. (18/765,262)
Claim 1. A system for automated Internet-scale vulnerability scanning and enhanced security profiling, comprising:
a cyber-physical graph module comprising a first plurality of programming instructions stored in a memory of, and operating on a processor of, a computing device, wherein the first plurality of programming instructions, when operating on the processor, cause the computing device to create a cyber-physical graph of an organization using information, the cyber-physical graph comprising nodes representing entities associated with the organization and edges representing relationships between the entities associated with the organization;
a reconnaissance engine comprising a second plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the second plurality of programming instructions, when operating on the processor, cause the computing device to:
perform a reconnaissance search using the cyber-physical graph; and apply some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization; and
a scheduler comprising a third plurality of programming instructions stored in a memory of, and operating on a processor of, a computing device, wherein the third plurality of programming instructions, when operating on the processor, cause the computing device to:
store and maintain a schedule; and operate a plurality of web crawlers based on the stored schedule, wherein a web crawler:
retrieves a plurality of domains from a database, the plurality of domains being associated with the organization; requests a web page associated with at least one of the retrieved domains; receives a response to the request from a web server; provides input to an interactive element of the web page; receives a result from the web server, the result being based on the provided input; indexes the result; and store the indexed results from the plurality of web crawlers; and
a scoring engine comprising a fourth plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the fourth plurality of programming instructions, when operating on the processor, cause the computing device to:
receive the cybersecurity profile and the reconnaissance search results; retrieve the indexed results; using the cyber-physical graph and the indexed results: identify a plurality of cybersecurity risks associated with the organization, the cybersecurity risks being based on the indexed results; determine a business impact for each cybersecurity risk identified; assign a network resilience rating to the organization; and
determine a functional cybersecurity score for the organization based at least on the network resilience rating.
Claim 1. A computing system for automated Internet-scale vulnerability scanning and enhanced security profiling, the computing system comprising:
one or more hardware processors configured for:
performing a reconnaissance search using a cyber-physical graph, the cyber-physical graph comprising nodes representing entities associated with an organization and edges representing relationships between the entities by:
retrieving a plurality of domains, the plurality of domains being associated with the organization; requesting a web page associated with at least one of the retrieved domains; receiving a response to the request from a web server;
providing input to an interactive element of the web page; receiving one or more results from the web server, the one or more results being based on the provided input; and
indexing the one or more results;
applying some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization associated with the cyber-physical graph by:
identifying a plurality of cybersecurity risks associated with the organization, the cybersecurity risks being based on the indexed results;
determining a business impact for each cybersecurity risk identified;
assigning a network resilience rating to the organization based on the business impact for each cybersecurity risk identified; and
determining a functional cybersecurity score for the organization based at least on the network resilience rating; and
running one or more graph analysis algorithms on the cyber-physical graph to determine a potential blast radius for a cybersecurity attack.
Patent No. 11,750,659 (17/216,939)
Instant Application No. (18/765,262)
Claim 1. A system for cybersecurity profiling and rating using internal and external reconnaissance, comprising:
a cyber-physical graph module comprising a first plurality of programming instructions stored in a memory of, and operating on a processor of, a computing device, wherein the first plurality of programming instructions, when operating on the processor, cause the computing device to create a cyber-physical graph of an organization, the cyber-physical graph comprising nodes representing entities associated with the organization and edges representing relationships between entities associated with the organization;
a reconnaissance engine comprising a second plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the second plurality of programming instructions, when operating on the processor, cause the computing device to:
perform a reconnaissance search using the cyber-physical graph; and apply some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization; and
a scoring engine comprising a third plurality of programming instructions stored in the memory of, and operating on the processor of, the computing device, wherein the third plurality of programming instructions, when operating on the processor, cause the computing device to:
receive the cybersecurity profile and the results of the reconnaissance search; using the cyber-physical graph and the reconnaissance search results: estimate a frequency and severity of cyber-attacks on the organization;
identify a plurality of cybersecurity risks associated with the organization; determine a business impact for each cybersecurity risk identified; assign a network resilience rating to the organization; and determine a functional cybersecurity score for the organization based at least on the network resilience rating.
Claim 1. A computing system for automated Internet-scale vulnerability scanning and enhanced security profiling, the computing system comprising:
one or more hardware processors configured for:
performing a reconnaissance search using a cyber-physical graph, the cyber-physical graph comprising nodes representing entities associated with an organization and edges representing relationships between the entities by:
retrieving a plurality of domains, the plurality of domains being associated with the organization;
requesting a web page associated with at least one of the retrieved domains;
receiving a response to the request from a web server;
providing input to an interactive element of the web page;
receiving one or more results from the web server, the one or more results being based on the provided input; and
indexing the one or more results;
applying some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization associated with the cyber-physical graph by:
identifying a plurality of cybersecurity risks associated with the organization, the cybersecurity risks being based on the indexed results;
determining a business impact for each cybersecurity risk identified;
assigning a network resilience rating to the organization based on the business impact for each cybersecurity risk identified; and
determining a functional cybersecurity score for the organization based at least on the network resilience rating; and
running one or more graph analysis algorithms on the cyber-physical graph to determine a potential blast radius for a cybersecurity attack.
Allowable Subject Matter
Claims 1-8 would be allowable if the Applicant overcomes double patenting rejection issued in this office action by filing a valid eTD.
Independent Claim(s) and their respective dependent claims would be allowable over prior arts since the prior arts taken individually or in combination fails to particular discloses, fairly suggest or render obvious the following italic limitations:
In claims 1, 3, 5 and 7:
“applying some or all of the results of the reconnaissance search to the cyber-physical graph to create a cybersecurity profile of the organization associated with the cyber-physical graph by:
identifying a plurality of cybersecurity risks associated with the organization, the cybersecurity risks being based on the indexed results” in combination with other limitations recited as specified in the independent claim(s).
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 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 CHENG-FENG HUANG whose telephone number is (571)272-6186. The examiner can normally be reached Monday-Friday: 9 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eleni A Shiferaw can be reached at (571) 272-3867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHENG-FENG HUANG/Primary Examiner, Art Unit 2497