Prosecution Insights
Last updated: July 17, 2026
Application No. 19/194,409

SYSTEMS AND METHODS FOR FASTER BEHAVIORAL RETRAINING

Non-Final OA §DP
Filed
Apr 30, 2025
Priority
Jan 26, 2023 — continuation of 12/393,657
Examiner
WANG, HARRIS C
Art Unit
Tech Center
Assignee
Lexisnexis Risk Solutions Fl Inc.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
375 granted / 539 resolved
+9.6% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
19 currently pending
Career history
560
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
91.3%
+51.3% vs TC avg
§102
5.4%
-34.6% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 539 resolved cases

Office Action

§DP
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 . 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 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,393,657. Although the claims at issue are not identical, they are not patentably distinct from each other because while independent Claim 1 of U.S. Patent 12,393,657 does not explicitly and user behaviometric data comprising keypress values and keyflight values corresponding to the credential input; transforming the keypress values and keyflight values into metadata of independent Claims 1, 10, 19 of the instant Application, Costigan (US 9,301,140) teaches user behaviometric data comprising keypress values and keyflight values corresponding to the credential input; transforming the keypress values and keyflight values into metadata (Col. 6, lines 10-15, teaches behavior data includes keyboard actions (dwell, flight time)) It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the behavioral biometrics of Claim 1 of Patent 12,393,657 to include keypress and keyflight values as taught in Costigan and the results would be predictable (i.e. keypress and keyflight values corresponding to input would be transformed into metadata) The other independent claims are rejected for a similar rationale. The dependent claims are rejected as being dependent on a rejected claim. US 12,393,657 Instant Application 1. A computer-implemented method for behavioral biometrics retraining on credential input provided by a user for authentication, the method comprising: receiving, at a behavioral biometrics server, and from an enterprise server based on the credential input: a successful login indication that a user has been authenticated for access on the enterprise server; metadata corresponding to the credential input; and user behaviometric data corresponding to the credential input; computing, with a behavioral scoring module, a metadata similarity score by comparing the received metadata to metadata previously stored in a user profile; computing a behaviometric similarity score by comparing the received user behaviometric data to behaviometric data previously stored in the user profile; generating and sending a request to the enterprise server to re-authenticate a user when user credentials have not changed and responsive to receiving the successful login indication and the behaviometric similarity score is less than a threshold value; resetting at least a portion of previously stored user profile data based on receiving the successful login indication and the metadata similarity score or the behaviometric similarity score being less than a threshold value; and training user profile data using the received behaviometric data based on receiving the successful login indication and the metadata similarity score being less than a threshold value. 1. A computer-implemented method for behavioral biometrics retraining on credential input provided by a user for authentication, the method comprising: receiving, at a behavioral biometrics server, and from an enterprise server based on the credential input: a successful login indication that a user has been authenticated for access on the enterprise server; and user behaviometric data comprising keypress values and keyflight values corresponding to the credential input; transforming the keypress values and keyflight values into metadata; computing, with a behavioral scoring module, a metadata similarity score by comparing the metadata to previously stored data in a user profile; generating and sending a request to the enterprise server to re-authenticate a user when user credentials have not changed and responsive to receiving the successful login indication and the metadata similarity score is less than a threshold value; resetting at least a portion of previously stored user profile data based on receiving the successful login indication and the metadata similarity score being less than a threshold value ;and training user profile data using the user behaviometric data based on receiving the successful login indication and the metadata similarity score being less than a threshold value. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRIS C WANG whose telephone number is (571)270-1462. The examiner can normally be reached M-F 9:00-5:30. 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, LUU PHAM can be reached at 571-270-5002. 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. /HARRIS C WANG/Primary Examiner, Art Unit 2439
Read full office action

Prosecution Timeline

Apr 30, 2025
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12671717
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Patent 12647392
Disaster recovery for cloud-based monitoring of internet access
3y 1m to grant Granted Jun 02, 2026
Patent 12647423
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2y 5m to grant Granted Jun 02, 2026
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
70%
Grant Probability
90%
With Interview (+20.0%)
3y 10m (~2y 8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 539 resolved cases by this examiner. Grant probability derived from career allowance rate.

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