Prosecution Insights
Last updated: October 04, 2026
Application No. 18/931,271

METHOD AND SYSTEM FOR IMPROVED DATA CONTROL AND ACCESS

Final Rejection §103
Filed
Oct 30, 2024
Priority
May 11, 2018 — provisional 62/670,073 +5 more
Examiner
MAMO, ELIAS
Art Unit
2184
Tech Center
2100 — Computer Architecture & Software
Assignee
Cigent Technology Inc.
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
776 granted / 937 resolved
+27.8% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
14 currently pending
Career history
953
Total Applications
across all art units

Statute-Specific Performance

§101
7.1%
-32.9% vs TC avg
§103
60.5%
+20.5% vs TC avg
§102
12.2%
-27.8% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 937 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 19, 20, 86, 87, 90 and 94 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 9,166,993), hereinafter referred to as Liu in view of Stolfo et al. (US 2016/0182545), hereinafter referred to as Stolfo and Wang et al. (US 7,003,613), hereinafter referred to as Wang. Referring to claim 19, Liu teaches, as claimed, a method for detecting unusual system activity, comprising: logging, by a host controller of a data storage device in a computing system, a plurality of actions performed by a user of the computing system over time (i.e.-collecting file-activity data of individual user, col. 3, lines 2-4 and lines 39-41); determining, by the host controller, a user fingerprint for the user comprising of a set of usage actions based on the logged plurality of actions (i.e.-determining a profile history of the individual user comprising user’s file access pattern, col. 3, line 8); monitoring, by the host controller, a plurality of new actions conducted using the computing device (i.e.-monitoring file access activities using monitoring system of the computing system 102, col. 6, lines 10-11; and col. 5, lines 30-33); and detecting, by the host controller, unusual system activity based on a comparison of the plurality of new actions to the set of usage actions (i.e.-detecting anomaly by comparing user file access pattern with own’s history profile, col. 8, lines 16-20 & 50-52; col. 1, lines 46-51). However, Liu does not teach triggering, by the host controller, a notification of a threatening event in the computing system as a result of the detected unusual system activity; and wherein the host controller operates at a data storage level of the computing system separately from an operating system of the computing system. On the other hand, Stolfo discloses a system and method configured to detect unusual system activity – attack - by monitoring computer user behavior (page 2, ¶16, lines 6-10); and triggering a notification of a threatening event (i.e.-generating an alert in response to identifying the attack, page 2, ¶16, lines 11-13). Furthermore, Wang disclsoes data transferring method using an embedded system comprised of a USB host controller (col. 1, lines 14-20 and see figs. 1 & 2), wherein the host controller operates at a data storage level of the computing system separately from an operating system of the computing system (col. 2, lines 24-27 and col. 3, lines 53-56). Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the teachings of Liu and incorporate the step of: triggering, by the host controller, a notification of a threatening event in the computing system as a result of the detected unusual system activity, wherein the host controller operates at a data storage level of the computing system separately from an operating system of the computing system, as taught by Stolfo and Wang. The motivation for doing so would have been to notify an administrator user by transmitting a message to a host sensor or host-based monitoring application; and to provide USB host system and controller functions using API, without an operating system, thereby reducing complexity on any main processor. As to claim 20, the modified Liu teaches the method of claim 19, wherein the plurality of actions are actions that affect data stored in the data storage device (col. 6, lines 14-19). As to claim 90, the modified Liu in view of Stolfo innately teaches the method of claim 19, further comprising executing, by the host controller, a response to the detected unusual system activity in accordance with a configurable response table (see Stolfo, page 6, ¶53, lines 28-32). Referring to claims 86, 87 and 94, the claim is substantially the same as claims 19, 20 and 90, hence the rejection of claim 19 and 20 is applied accordingly. Claims 21, 22, 88 and 89 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Stolfo and Wang, as applied to claims 19 and 86 above, and further in view of Matthews et al. (US 2018/0176197), hereinafter referred to as Matthews. As to claims 21, the modified Liu teaches the method of claim 19, wherein the plurality of new actions match the set of usage actions (col. 6, lines 14-19), however, does not teach wherein the set of usage actions are associated with a ransomware attack. On the other hand, Matthews discloses dynamic data protection system and method configured to prevent unauthorized access to data caused by an intrusion event using ransomware, spyware, malware, etc.… (page 1, ¶2, lines 4-7 and ¶4, lines 6-8). Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to further modify the teachings of Liu so that the set of usage actions are associated with a ransomware attack, as taught by Matthews. The motivation for doing so would have been to further protect the data from inside out such that an outside force may not be allowed to access and/or damage the stored data. As to claim 22, the modified Liu in view of Matthews teaches the method of claim 19, wherein the plurality of new actions includes a predetermined number of actions not included in the set of usage actions (see Matthews, page 2, ¶13, lines 19-21). As to claims 88 and 89, the claim is substantially the same as claims 21 and 22, hence the rejection of claim 21 and 22 is applied accordingly. Claim Objections Claims 91-93 and 95-97 are 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. Examiner’s note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the Applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passages as taught by the prior art or disclosed by the Examiner. Response to Arguments Applicant's arguments filed on 06/24/2026 have been fully considered but they are moot in view of the new ground(s) of rejection. 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. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIAS MAMO whose telephone number is (571)270-1726. The examiner can normally be reached Mon-Thu, 7 AM - 5 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HENRY TSAI can be reached at 571-272-4176. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto. gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/ patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Elias Mamo/Primary Examiner, Art Unit 2184
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Prosecution Timeline

Oct 30, 2024
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §103
Feb 02, 2026
Interview Requested
Jun 24, 2026
Response Filed
Sep 10, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
89%
With Interview (+5.9%)
2y 6m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 937 resolved cases by this examiner. Grant probability derived from career allowance rate.

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