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 .
1. This is in response to communication filed on 7/01/26 in which claims 21-40 are pending.
Response to Arguments
2. Applicant's arguments filed have been fully considered but they are not persuasive. Applicant’s representative argues that Dugatkin et al fails to teach wherein “wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data” and “wherein the updated configuration information is used by the remote capture agent to reconfigure generation or transformation of the event data at the remote capture agent during runtime of the remote capture agent”. However, Dugatkin et al clearly teaches configuration information such as network traffic pattern (configuration information) are used by the collectors to generate event data that limited by specific filters. As described by Dukatkin et al “The filters 212 may be used for various purposes, such as, for example, to restrict the collected network traffic based on the source or destination addresses, the protocols, or any other data fields specified in the data units. Filters 212 may be used to limit data collection to specific network traffic patterns. For example, collect information about a type "C" data unit only after it follows a type "A" and a type "B" data unit” (See paragraph [0035-0036 and 0045-0046]). Furthermore, Dugatkin et al clearly teaches wherein (See paragraph [0035-0036 and 0045-0046], The manager 250 may provide an interface to allow a user to create and/or modify filters 212 to be used by the collectors 210).
Double Patenting
3. 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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11863408. Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite the same method of generating event stream monitored by remote capture agent.
U.S. Patent No. 11863408
U.S. Application No. 18/983051
1. A computer-implemented method, comprising: monitoring, by a remote capture agent, network packets traversing a network interface of a computing device in an information technology (IT) environment;
obtaining, by the remote capture agent, network data from the network packets;
modifying, by the remote capture agent, based on configuration information obtained by the remote capture agent from a configuration server, the network data to obtain modified network data; generating, by the remote capture agent, a plurality of timestamped events based on the modified network data; and sending, by the remote capture agent, the plurality of timestamped events to another component for subsequent processing
21. (New) A computer-implemented method, comprising:
obtaining, at a configuration server, configuration information for a remote capture agent on a network in an information technology (IT) environment; providing, by the configuration server, configuration information to the remote capture agent, wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data; obtaining, at the configuration server, an update to the configuration information; and providing, by the configuration server, the updated configuration information to the remote capture agent, wherein the updated configuration information is used by the remote capture agent to reconfigure generation or transformation of the event data at the remote capture agent during runtime of the remote capture agent.
30. (New) The method of claim 21, wherein the configuration information indicates a first manner in which to generate or send a first plurality of timestamped events, and the updated configuration information identifies a second manner in which to generate or send a second plurality of timestamped events.
It would have been obvious to one with ordinary skill in the art insert the limitation of generating timestamps into the independent claim in order to achieve the recitation of the US patent No. 11, 863408.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,212475. Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite the same method of generating event stream monitored by remote capture agent.
U.S. Patent No. 12212475
U.S. Application No. 18/983051
1. A method comprising: monitoring, by a remote capture agent, network packets traversing a network interface of a computing device in an information technology (IT) environment; processing, by the remote capture agent based on configuration information obtained from a configuration server, a first set of network packets, wherein the processing comprises generating and sending a first plurality of timestamped events based on network data obtained from the first set of network packets; obtaining, by the remote capture agent, updated configuration information from the configuration server; and processing, by the remote capture agent based on the updated configuration information obtained from the configuration server, a second set of network packets, wherein the processing comprises generating and sending a second plurality of timestamped events based on the second set of network packets, wherein the generating or sending of the second plurality of timestamped events occurs differently than the generating or sending of the first plurality of timestamped events based on the updated configuration information being different than the configuration information.
21. (New) A computer-implemented method, comprising:
obtaining, at a configuration server, configuration information for a remote capture agent on a network in an information technology (IT) environment; providing, by the configuration server, configuration information to the remote capture agent, wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data; obtaining, at the configuration server, an update to the configuration information; and providing, by the configuration server, the updated configuration information to the remote capture agent, wherein the updated configuration information is used by the remote capture agent to reconfigure generation or transformation of the event data at the remote capture agent during runtime of the remote capture agent.
30. (New) The method of claim 21, wherein the configuration information indicates a first manner in which to generate or send a first plurality of timestamped events, and the updated configuration information identifies a second manner in which to generate or send a second plurality of timestamped events.
It would have been obvious to one with ordinary skill in the art insert the limitation of generating timestamps into the independent claim in order to achieve the recitation of the US patent.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,204531. Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite the same method of generating event stream monitored by remote capture agent.
U.S. Patent No. 12,204531
U.S. Application No. 18/983051
1. A computer-implemented method, comprising: monitoring, by a remote capture agent, network packets traversing a network interface of a computing device in an information technology (IT) environment; obtaining, by the remote capture agent from a configuration server, configuration information identifying a first network component to which the remote capture agent is to send timestamped events; obtaining network data from the network packets; generating a first plurality of timestamped events based on the network data; sending the first plurality of timestamped events to the first network component for subsequent processing; obtaining, by the configuration server from one or more applications running on one or more separate servers in communication with the configuration server, updated configuration information identifying a second network component to which the remote capture agent is to send timestamped events; obtaining, by the remote capture agent from the configuration server, the updated configuration information identifying the second network component to which the remote capture agent is to send timestamped events; generating a second plurality of timestamped events; and sending the second plurality of timestamped events to the second network component for subsequent processing.
21. (New) A computer-implemented method, comprising: obtaining, at a configuration server, configuration information for a remote capture agent on a network in an information technology (IT) environment; providing, by the configuration server, configuration information to the remote capture agent, wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data; obtaining, at the configuration server, an update to the configuration information; and providing, by the configuration server, the updated configuration information to the remote capture agent, wherein the updated configuration information is used by the remote capture agent to reconfigure generation or transformation of the event data at the remote capture agent during runtime of the remote capture agent.
30. (New) The method of claim 21, wherein the configuration information indicates a first manner in which to generate or send a first plurality of timestamped events, and the updated configuration information identifies a second manner in which to generate or send a second plurality of timestamped events.
It would have been obvious to one with ordinary skill in the art insert the limitation of generating timestamps into the independent claim in order to achieve the recitation of the US patent.
Claim Rejections - 35 USC § 102
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 21, 23-28, 32, 36-40 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by U.S. Publication No. 2005/00211715 to Dugatkin et al.
a. As per claim 21, Dugatkin et al teaches a computer-implemented method, comprising: obtaining, at a configuration server (the Manager), configuration information for a remote capture agent (the collector) on a network in an information technology (IT) environment (See paragraph [0046], The manager 250 may provide an interface to allow a user to create and/or modify filters 212 to be used by the collectors 210); providing, by the configuration server, configuration information to the remote capture agent (See paragraph [0058], The manager 250 may provide a user interface by which a user may access information concerning the collected network traffic and network traffic data, and the compiled and computed information of the characterization units 220. In addition, the manager 250 may provide a user an interface to define the kinds or types of network traffic the collectors 210 may collect and filter, may allow a user to edit or augment the analysis performed by the characterization units 220, and may allow a user to perform other tasks), wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data (See paragraph [0035-0036, 0045], The filters 212 may be used for various purposes, such as, for example, to restrict the collected network traffic based on the source or destination addresses, the protocols, or any other data fields specified in the data units. Filters 212 may be used to limit data collection to specific network traffic patterns. For example, collect information about a type "C" data unit only after it follows a type "A" and a type "B" data unit) ; obtaining, at the configuration server, an update to the configuration information (See paragraph [0058 and 0063], In addition, the manager 250 may provide a user an interface to define the kinds or types of network traffic the collectors 210 may collect and filter, may allow a user to edit or augment the analysis performed by the characterization units 220, and may allow a user to perform other tasks); and providing, by the configuration server, the updated configuration information to the remote capture agent (See paragraph [0058 and 0063]), wherein the updated configuration information is used by the remote capture agent to reconfigure generation or transformation of the event data at the remote capture agent during runtime of the remote capture agent (See paragraph [0035-0036 and 0045-0046], The manager 250 may provide an interface to allow a user to create and/or modify filters 212 to be used by the collectors 210).
b. As per claim 32, Dugatkin et al teaches a computing device, comprising: a processor (See paragraph [0022]); and a non-transitory computer-readable medium having stored thereon instructions that, when executed by the processor, cause the processor to perform operations including :obtaining, at a configuration server, configuration information for a remote capture agent on a network in an information technology (IT) environment (See paragraph [0046], The manager 250 may provide an interface to allow a user to create and/or modify filters 212 to be used by the collectors 210); providing, by the configuration server, configuration information to the remote capture agent (See paragraph [0058], The manager 250 may provide a user interface by which a user may access information concerning the collected network traffic and network traffic data, and the compiled and computed information of the characterization units 220. In addition, the manager 250 may provide a user an interface to define the kinds or types of network traffic the collectors 210 may collect and filter, may allow a user to edit or augment the analysis performed by the characterization units 220, and may allow a user to perform other tasks), wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data The filters 212 may be used for various purposes, such as, for example, to restrict the collected network traffic based on the source or destination addresses, the protocols, or any other data fields specified in the data units. Filters 212 may be used to limit data collection to specific network traffic patterns. For example, collect information about a type "C" data unit only after it follows a type "A" and a type "B" data unit) ; obtaining, at the configuration server, an update to the configuration information (See paragraph [0058 and 0063], In addition, the manager 250 may provide a user an interface to define the kinds or types of network traffic the collectors 210 may collect and filter, may allow a user to edit or augment the analysis performed by the characterization units 220, and may allow a user to perform other tasks); and providing, by the configuration server, the updated configuration information to the remote capture agent (See paragraph [0058 and 0063]), wherein the updated configuration information is used by the remote capture agent to reconfigure generation or transformation of the event data at the remote capture agent during runtime of the remote capture agent (See paragraph [0035-0036 and 0045-0046], The manager 250 may provide an interface to allow a user to create and/or modify filters 212 to be used by the collectors 210).
c. As per claim 36, Dugatkin et al teaches a non-transitory computer-readable medium having stored thereon instructions that, when executed by one or more processors, cause the one or more processor to perform operations including: obtaining, at a configuration server, configuration information for a remote capture agent on a network in an information technology (IT) environment (See paragraph [0046], The manager 250 may provide an interface to allow a user to create and/or modify filters 212 to be used by the collectors 210); providing, by the configuration server, configuration information to the remote capture agent (See paragraph [0058], The manager 250 may provide a user interface by which a user may access information concerning the collected network traffic and network traffic data, and the compiled and computed information of the characterization units 220. In addition, the manager 250 may provide a user an interface to define the kinds or types of network traffic the collectors 210 may collect and filter, may allow a user to edit or augment the analysis performed by the characterization units 220, and may allow a user to perform other tasks), wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data The filters 212 may be used for various purposes, such as, for example, to restrict the collected network traffic based on the source or destination addresses, the protocols, or any other data fields specified in the data units. Filters 212 may be used to limit data collection to specific network traffic patterns. For example, collect information about a type "C" data unit only after it follows a type "A" and a type "B" data unit) ; obtaining, at the configuration server, an update to the configuration information (See paragraph [0058 and 0063], In addition, the manager 250 may provide a user an interface to define the kinds or types of network traffic the collectors 210 may collect and filter, may allow a user to edit or augment the analysis performed by the characterization units 220, and may allow a user to perform other tasks); and providing, by the configuration server, the updated configuration information to the remote capture agent (See paragraph [0058 and 0063]), wherein the updated configuration information is used by the remote capture agent to reconfigure generation or transformation of the event data at the remote capture agent during runtime of the remote capture agent (See paragraph [0035-0036 and 0045-0046], The manager 250 may provide an interface to allow a user to create and/or modify filters 212 to be used by the collectors 210).
d. As per claims 23 and 37, Dugatkin et al teaches the claimed invention as described above. Furthermore, Dugatkin et al teaches wherein the remote capture agent monitors network packets traversing a plurality of network interfaces including the network interface (See paragraph [0035], the collectors 210 may also obtain network traffic from one or more networks, and/or two or more locations on a single network and/or on multiple networks, thus allowing for multiple points of network traffic collection).
e. As per claims 24 and 38, Dugatkin et al teaches the claimed invention as described above. Furthermore, Dugatkin et al teaches wherein the configuration information is obtained at the configuration server from a user or an application used to access event data generated by the remote capture agent (See paragraph [0034], The manager 250 may provide a user interface to allow a user to view network traffic data; to select, edit and/or create filters 212).
f. As per claim 25, Dugatkin et al teaches the claimed invention as described above. Furthermore, Dugatkin et al teaches wherein the configuration information is used by the remote capture agent to configure generation or transformation of event data (See paragraph [0035-0036]).
g. As per claims 26 and 39, Dugatkin et al teaches the claimed invention as described above. Furthermore, Dugatkin et al teaches wherein the update to the configuration information enables generation of new event streams at the remote capture agent for use with one or more new use cases associated with network data captured by the remote capture agent (See paragraph [0041 and 0056]).
i. As per claims 28 and 40, Dugatkin et al teaches the claimed invention as described above. Furthermore, Dugatkin et al teaches wherein the updated configuration information is provided by the configuration server based on the configuration server being configured to dynamically configure the remote capture agent (See paragraph [0058]).
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
6. Claims 22, 29-31, 33-35 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2005/00211715 to Dugatkin et al in view of U.S. Patent No. 2014/0173052 to Newton et al.
a. As per claim 22, Dugatkin et al teaches the claimed invention as described above. However, Dugatkin et al fails to explicitly teach wherein the remote capture agent executes in a cloud computing system .
Newton et al teaches wherein the remote capture agent executes in a cloud computing system. (See paragraph [0164, 1077 and 1084]).
It would have been obvious to one with ordinary skill in the art to incorporate the teaching of Newton et al in the claimed invention of Dugatkin et al in order to provide a broader content delivery network.
b. As per claims 29 and 33, Dugatkin et al teaches the claimed invention as described above. However, Dugatkin et al teaches wherein the configuration information identifies a first network component to which the remote capture agent is to send timestamped events, and the updated configuration information identifies a second network component to which the remote capture agent is to send timestamped events.
Newton et al teaches wherein the configuration information identifies a first network component to which the remote capture agent (Collector ) is to send timestamped events, and the updated configuration information identifies a second network component to which the remote capture agent is to send timestamped events (See paragraph [0875, 0906 and 0939]).
It would have been obvious to one with ordinary skill in the art to incorporate the teaching of Newton et al in the claimed invention of Dugatkin et al in order to timely organize and order the events.
c. As per claims 30 and 34, Dugatkin et al teaches the claimed invention as described above. However, Dugatkin et al teaches wherein the configuration information indicates a first manner in which to generate or send a first plurality of timestamped events, and the updated configuration information identifies a second manner in which to generate or send a second plurality of timestamped events.
Newton et al teaches wherein the configuration information indicates a first manner in which to generate or send a first plurality of timestamped events, and the updated configuration information identifies a second manner in which to generate or send a second plurality of timestamped events (See paragraph [0875-0878 and 0933-0935]).
It would have been obvious to one with ordinary skill in the art to incorporate the teaching of Newton et al in the claimed invention of Dugatkin et al in order to define the correct order in a stream (See paragraph [0867])
d. As per claims 31 and 35, Dugatkin et al teaches the claimed invention as described above. However, Dugatkin et al teaches wherein the configuration information indicates a first field to include in a first plurality of timestamped events generated by the remote capture agent, and the updated configuration information identifies a second field to include in a second plurality of timestamped events generated by the remote capture agent.
Newton et al teaches wherein the configuration information indicates a first field to include in a first plurality of timestamped events generated by the remote capture agent, and the updated configuration information identifies a second field to include in a second plurality of timestamped events generated by the remote capture agent (See paragraph [0196]).
It would have been obvious to one with ordinary skill in the art to incorporate the teaching of Newton et al in the claimed invention of Dugatkin et al in order to define the correct order in a stream (See paragraph [0867]).
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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJENANE BAYARD whose telephone number is (571)272-3878. The examiner can normally be reached 9-5.
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, John Follansbee can be reached at (571)272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DJENANE M BAYARD/Primary Examiner, Art Unit 2444
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