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 Objections
Claims 3, 13 are objected to because of the following informalities:
Claim 3 recites “wherein the first seed dataset corresponds to negative target class” in lines 1-2 of Claim 3. It is recommended by the Examiner that this limitation read as “wherein the first seed dataset corresponds to a negative target class” instead.
Claim 13 is objected to for the same reasons as above as in Claim 3 as it also recites “wherein the first seed dataset corresponds to negative target class”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are what steps are being repeated in the limitation “repeating to create a new file for every file in the first seed dataset to augment training data for at least two machine-learning models” in lines 16-17 of Claim 1. Regarding the limitation of “repeating to create a new file”, while Claim 1 recites steps for generating multiple files beforehand, it is unclear from the limitation alone as to what exact steps are being repeated. Furthermore, as these previous steps generate multiple files, this makes it unclear as to what a new file corresponds to in particular. For these reasons, the omission of these essential steps renders the scope of the claim indefinite. Claims 2-10 are rejected by virtue of depending on Claim 1.
Claim 11 is rejected for the same reasons as above in the rejection of Claim 1 as Claim 11 also recites “repeating to create a new file for every file in the first seed dataset to augment training data for at least two machine-learning models”. Claims 12-19 are rejected by virtue of depending on Claim 11.
Claim 20 is rejected for the same reasons as above in the rejection of Claim 1 as Claim 20 also recites “repeating to create a new file for every file in the first seed dataset to augment training data for at least two machine-learning models”.
Claim 9 recites the limitation "the training data that is derived from snapshot-based metadata" in line 2 of Claim 9. There is insufficient antecedent basis for this limitation in the claim. Claim 9 depends upon Claim 1 which recites training data, but this training data is never referred to as being derived from snapshot-based metadata as the word metadata is never mentioned in Claim 1 itself. For this reason, it is unclear what “the training data that is derived from snapshot-based metadata” specifically refers to, rendering the claim indefinite.
Claim 19 is rejected for the same reasons as above in the rejection of Claim 9 as Claim 19 also recites the limitation “the training data that is derived from snapshot-based metadata”, and Claim 19 depends upon Claim 11 which similarly does not recite metadata.
Allowable Subject Matter
Claims 1, 11, 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-10, 12-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Related Art
The following prior art made of record and cited on PTO-892, but not relied upon, is considered pertinent to applicant’s disclosure:
Giaconi et al. (U.S. Pub. No. 2022/0060492 A1) – Includes methods regarding training data augmentation for anomaly detection
Vasudevan et al. (U.S. Pub. No. 2020/0104710 A1) – Includes methods regarding training machine learning models
Stickle et al. (U.S. Patent No. 11,170104 B1) – Includes methods regarding using machine learning to detect ransomware attacks
Tamir et al. (U.S. Patent No. 2018/0211039 A1) – Includes methods regarding using machine learning to detect ransomware attacks
Israel et al. (U.S. Pub. No. 2020/0162516 A1) - Includes methods regarding using machine learning to protect against malware
Yang et al. (U.S. Pub. No. 2019/0392354 A1) – Includes methods regarding training data using snapshots
Stocker et al. (U.S. Pub. No. 2021/0034994 A1) – Includes methods regarding combining event observation data
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ETHAN V VO whose telephone number is (571)272-2505. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn Feild can be reached on (571)272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.V.V./Examiner, Art Unit 2431
/LYNN D FEILD/Supervisory Patent Examiner, Art Unit 2431
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