Prosecution Insights
Last updated: May 29, 2026
Application No. 19/008,999

Disaster recovery for private application access continuity

Non-Final OA §102§103
Filed
Jan 03, 2025
Priority
Jul 07, 2020 — CIP of 11/533,307 +2 more
Examiner
WILSON, YOLANDA L
Art Unit
2113
Tech Center
2100 — Computer Architecture & Software
Assignee
Zscaler Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
885 granted / 1054 resolved
+29.0% vs TC avg
Moderate +6% lift
Without
With
+5.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
24 currently pending
Career history
1097
Total Applications
across all art units

Statute-Specific Performance

§101
16.3%
-23.7% vs TC avg
§103
35.4%
-4.6% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
10.6%
-29.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1054 resolved cases

Office Action

§102 §103
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 § 102 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. Claim(s) 1,7,15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aggarwal et al. (USPN 20210011825A1). As per claim 1, Aggarwal et al. discloses a non-transitory computer-readable medium including instructions that, when executed, cause one or more processors (paragraph 0025 - one or more non-transitory computer-readable media include computer-readable instructions, which when executed by one or more processors) to perform steps of: providing access to one or more private applications for users associated with a tenant of a cloud-based system (paragraph 0032 - Management plane 120 can also include an analytics engine 124 for providing visibility into the performance of applications and the network over time, such as the best and worst performing applications, the most bandwidth consuming applications, anomalous applications families (e.g., applications whose bandwidth consumption change over a period of time), network availability and circuit availability, carrier health, best and worst performing tunnels, and so forth. – applications include private applications); detecting one or more criteria suggesting an outage of the cloud-based system (paragraph 0027 - Solutions proposed by the present disclosure to manage migration of SD-WANs across a multi-cloud structure when there is a failure in the structure, eliminates the use of third party witness components and addresses the above drawbacks of using third party witness components. The proposed solutions will be fully described below.; paragraph 0020 - detecting the failover event includes determining, by each of the virtual bonds and based on the number of inactive virtual management components in the one of the multiple cloud networks, an active status or an inactive status for a corresponding cluster; and determining the failover event for the one of the multiple cloud networks, when a first threshold number of the virtual bonds determine that the number of inactive virtual management components in the corresponding cluster is equal to a second threshold); and responsive to activation of a disaster recovery mode based on the one or more criteria, providing access to the one or more private applications via an on-site disaster recovery system including a site controller, wherein providing the access via the site controller does not require communication with the cloud-based system (paragraph 0025 - detect a failover event at the one of the multiple cloud networks; and identify a new destination cloud network to migrate the one or more services of the SD-WAN solution to, from a source cloud network at which the failover event is detected.). As per claim 7, Aggarwal et al. discloses wherein the one or more criteria include detecting that the cloud-based system is not responsive (paragraph 0020 - detecting the failover event includes determining, by each of the virtual bonds and based on the number of inactive virtual management components in the one of the multiple cloud networks, an active status or an inactive status for a corresponding cluster; and determining the failover event for the one of the multiple cloud networks, when a first threshold number of the virtual bonds determine that the number of inactive virtual management components in the corresponding cluster is equal to a second threshold). As per claim 15, Aggarwal et al. discloses a method comprising steps of: providing access to one or more private applications for users associated with a tenant of a cloud-based system (paragraph 0032 - Management plane 120 can also include an analytics engine 124 for providing visibility into the performance of applications and the network over time, such as the best and worst performing applications, the most bandwidth consuming applications, anomalous applications families (e.g., applications whose bandwidth consumption change over a period of time), network availability and circuit availability, carrier health, best and worst performing tunnels, and so forth. – applications include private applications); detecting one or more criteria suggesting an outage of the cloud-based system (paragraph 0027 - Solutions proposed by the present disclosure to manage migration of SD-WANs across a multi-cloud structure when there is a failure in the structure, eliminates the use of third party witness components and addresses the above drawbacks of using third party witness components. The proposed solutions will be fully described below.; paragraph 0020 - detecting the failover event includes determining, by each of the virtual bonds and based on the number of inactive virtual management components in the one of the multiple cloud networks, an active status or an inactive status for a corresponding cluster; and determining the failover event for the one of the multiple cloud networks, when a first threshold number of the virtual bonds determine that the number of inactive virtual management components in the corresponding cluster is equal to a second threshold); and responsive to activation of a disaster recovery mode based on the one or more criteria, providing access to the one or more private applications via an on-site disaster recovery system including a site controller, wherein providing the access via the site controller does not require communication with the cloud-based system (paragraph 0025 - detect a failover event at the one of the multiple cloud networks; and identify a new destination cloud network to migrate the one or more services of the SD-WAN solution to, from a source cloud network at which the failover event is detected.). 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. Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aggarwal et al. in view of Pampati et al. (USPN 20200259831A1). As per claim 8, Aggarwal et al. discloses a user device comprising: one or more processors (paragraph 0024 - one or more processors); and memory storing computer-executable instructions, wherein the computer-executable instructions cause the one or more processors to (paragraph 0025 - one or more non-transitory computer-readable media include computer-readable instructions, which when executed by one or more processors): detect one or more criteria suggesting an outage of the cloud-based system (paragraph 0027 - Solutions proposed by the present disclosure to manage migration of SD-WANs across a multi-cloud structure when there is a failure in the structure, eliminates the use of third party witness components and addresses the above drawbacks of using third party witness components. The proposed solutions will be fully described below.; paragraph 0020 - detecting the failover event includes determining, by each of the virtual bonds and based on the number of inactive virtual management components in the one of the multiple cloud networks, an active status or an inactive status for a corresponding cluster; and determining the failover event for the one of the multiple cloud networks, when a first threshold number of the virtual bonds determine that the number of inactive virtual management components in the corresponding cluster is equal to a second threshold); and responsive to activation of a disaster recovery mode based on the one or more criteria, provide access to the one or more private applications via an on-site disaster recovery system including a site controller, wherein providing the access via the site controller does not require communication with the cloud-based system (paragraph 0025 - detect a failover event at the one of the multiple cloud networks; and identify a new destination cloud network to migrate the one or more services of the SD-WAN solution to, from a source cloud network at which the failover event is detected.). Aggarwal et al. fails to explicitly state provide access to one or more private applications through a cloud-based system via a unified agent application executing on the user device. Aggarwal et al. does disclose paragraph 0032 - Management plane 120 can also include an analytics engine 124 for providing visibility into the performance of applications and the network over time, such as the best and worst performing applications, the most bandwidth consuming applications, anomalous applications families (e.g., applications whose bandwidth consumption change over a period of time), network availability and circuit availability, carrier health, best and worst performing tunnels, and so forth. – applications include private applications; paragraph 0075 - Although a variety of examples and other information was used to explain aspects within the scope of the appended claims, no limitation of the claims should be implied based on particular features or arrangements in such examples, as one of ordinary skill would be able to use these examples to derive a wide variety of implementations. Pampati et al. provide access to one or more private applications through a cloud-based system via a unified agent application executing on the user device in paragraph 0075 - The unified agent application 600 enables communication to enterprise private resources 612 via the security cloud 608 and to the Internet 504 via the security cloud 608. The agent manager cloud 606 can communicate with enterprise asset management 614, an enterprise Security Assertion Markup Language (SAML) Identity Provider (IDP) 616, and an enterprise Certificate Authority (CA) 618. The device 604 and the unified agent application 600 can perform a registration/identity 620 process through the agent manager cloud 606 where the user identity, the user's certificates, and a device fingerprint can uniquely identify the device 604. Once registered, the unified agent application 600 has an identity 622, which can include the user, certificates, device posture, etc. and which is shared with the security cloud 608. – private resources includes applications. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the unified agent application to communicate to enterprise private resources via the security and to the Internet of Pampati in being in communication with applications and various implementations of Aggarwal. A person of ordinary skill in the art would have been motivated to make the modification because the unified agent application allows for connection to cloud services, as discloses in paragraphs 0078,0081. Claim Objections Claims 2-6,9-14,16-20 are objected to as being dependent upon a rejected base claim either because no prior art could be found to reject the claims or no reason to combine with prior art found. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yolanda L Wilson whose telephone number is (571)272-3653. The examiner can normally be reached M-F (7:30 am - 4 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, Bryce Bonzo can be reached at 571-272-3655. 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. /Yolanda L Wilson/Primary Examiner, Art Unit 2113
Read full office action

Prosecution Timeline

Jan 03, 2025
Application Filed
May 06, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
84%
Grant Probability
90%
With Interview (+5.8%)
2y 5m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1054 resolved cases by this examiner. Grant probability derived from career allowance rate.

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