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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/2024 and 1/30/2026. The submission 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 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of patent 12,166,656 and claims 1-19 of patent 11,777,832.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims invention of the above patents anticipates the claims invention of the instant application.
Instant Claim 1: A method, comprising: grouping network traffic capture into one or more clusters of packets based on similarity; parsing each of the one or more clusters to identify one or more fields of an unknown protocol; generating, by a processing device, a description of the unknown protocol comprising the identified one or more fields of the unknown protocol and an order of the identified one or more fields of the unknown protocol; and compiling the description into a protocol parser.
Conflicting Claim 1 of patent 12,166,656: A method, comprising: grouping network traffic capture into one or more clusters of packets based on similarity; parsing each of the one or more clusters to identify one or more fields of an unknown protocol; modifying the network traffic capture including annotating the identified one or more fields of the unknown protocol; and generating, by a processing device, without user input, a protocol parser, including parsing each of the annotated one or more fields of the unknown protocol to generate a description of the unknown protocol comprising identified one or more fields of the unknown protocol and an order of the identified one or more fields of the unknown protocol, and compiling the description into the protocol parser.
Conflicting Claim 1 of patent 11,777,832: A method, comprising: removing one or more packets from a network traffic capture in response to the one or more packets having a known protocol; grouping the network traffic capture without the one or more packets having the known protocol, into one or more clusters of packets based on similarity; parsing each of the one or more clusters to identify one or more fields of an unknown protocol; modifying the network traffic capture including annotating the identified one or more fields of the unknown protocol; and generating without user input, a protocol parser, including parsing each of the annotated one or more fields of the unknown protocol to generate a description of the unknown protocol comprising identified one or more fields of the unknown protocol and an order of the identified one or more fields of the unknown protocol, and compiling the description into the protocol parser.
Instant claims 2-20 are similar to conflicting claims 2-20 of patent 12,166,656.
Instant claims 2-20 similar to conflicting claims 2-19 of patent 11,777,832.
The instant claims merely broaden the scope of the conflicting claims. It is well settled that broadening the scope of claims would have been obvious to one of ordinary skill in the art in view of the narrower issued claims. In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982) and In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993).
Allowable Subject Matter
Claims 1-20 are allowed over the cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kaler et al (us 2014/0258779) discloses descriptions of communication interactions can be used to create a simulation of actual systems that send and receive communications including but not limited to messages complying with a protocol, events and so on. The communication interaction, event, state and state transitions of protocol or software components can be modeled to determine outcome and to validate the format and semantics of events, interaction values, etc. to identify variances against established policies or architectural guidelines.
Lian et al (us 2016/0294875) discloses the system has an enforcement point comprising a processor and a memory communicatively coupled to the processor. The processor acquires a firewall security policy from a policy compiler and receives network traffic originating from a source machine and directed to a destination machine. The processor analyzes the network traffic using the security policy, forwards or drops the traffic based on the security policy and redirects network packets of the network traffic based on the security policy.
Ashley et al (us 2019/0089677) discloses the system has a network processor (506) of a network device (302) on an enterprise network that configured to receive process ID information from an EP agent executed on an EP device. The process ID information identifies a process that is initiating a network session from the EP device on the enterprise network. A network communication associated with the network session is monitored at the network device to identify an APP ID (512) for the network session. An action is performed based on a security policy using the process ID information and the APP ID. A memory coupled to the processor and configured to provide the processor with instructions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUYEN MY DOAN whose telephone number is (571)272-4226. The examiner can normally be reached (571)272-4226.
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, Tonia Dollinger can be reached at (571)272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/DUYEN M DOAN/Primary Examiner, Art Unit 2459