DETAILED ACTION
This action is responsive to application filed on September 13th, 2024.
Claims 21~40 are examined.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/13/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 obviousness-type 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); 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 conflicting 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.
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).
Claims 1~20 rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1~20 of U.S. Patent No. 12,095,802. Although the claims at issue are not identical, they are not patentably distinct from each other because the U.S Patent mentioned above substantially teaches and/or anticipates claims 1~20 of the instant application. For example, claim 1 of the U.S Patent reciting, “…similarities among client network asset deployments” anticipates the instant application’s “performing scans of client networks to assess the client networks…”, and thus not patentably distinct from each other. See the comparison below:
Application: 18/823,725
U.S Patent 12,095,802
21. A method comprising: performing, by one or more computer systems that implement a security service: performing scans of a plurality of client networks to assess the client networks for security vulnerabilities or security events; building, based on observation data about a cluster of the client networks, a prediction model that predicts a security service load of security service associated with the client networks; determining, based on the prediction model, a first number of compute instances to use to perform scans on the cluster at a particular time in future; deploying, prior to the particular time, the first number of compute instances at the security service; and using, at the particular time, the first number of compute instances to perform scans on the cluster.
1. A method comprising: determining, based on a particular client network, a cluster of client networks, wherein the cluster of client networks is based on one or more similarities among client network asset deployments; determining, based on the cluster of client networks, a prediction model that indicates a security service load based on a particular time; determining, based on the prediction model, a first number of compute instances, where the first number of compute instances are usable to perform the security service; deploying, prior to receiving a request to perform the security service, the first number of compute instances; and initiating, in response to receiving the request to perform the security service, execution of the security service on the first number of compute instances.
31. (New) A system comprising: a security service implemented using one or more computer systems, configured to: perform scans of a plurality of client networks to assess the client networks for security vulnerabilities or security events; build, based on observation data about a cluster of the client networks, a prediction model that predicts a security service load of security service associated with the client networks; determine, based on the prediction model, a first number of compute instances to use to perform scans on the cluster at a particular time in future; deploy, prior to the particular time, the first number of compute instances at the security service; and use, at the particular time, the first number of compute instances to perform scans on the cluster.
9. A system comprising: a memory storing executable instructions; and one or more processors that execute the executable instructions to: determine, based on a particular client network, a cluster of client networks, wherein the cluster of client networks is based on one or more similarities among client network asset deployments; determine, based on the cluster of client networks, a prediction model that indicates a security service load based on a particular time; determine, based on the prediction model, a first number of compute instances, where the first number of compute instances are usable to perform the security service; deploy, prior to receiving a request to perform the security service, the first number of compute instances; and initiate, in response to receiving the request to perform the security service, execution of the security service on the first number of compute instances.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: None of the prior arts teach nor render obvious claims 21~40. The claims will be allowed once a Terminal Disclaimer is filed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEE SOO KIM whose telephone number is (571)270-3229. The examiner can normally be reached M-F 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Taylor can be reached on (571) 272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HEE SOO KIM/Primary Examiner, Art Unit 2443