Prosecution Insights
Last updated: October 25, 2026
Application No. 19/239,427

SECURITY RISK ASSESSMENT SYSTEM FOR A DATA MANAGEMENT PLATFORM

Non-Final OA §102
Filed
Jun 16, 2025
Priority
May 19, 2022 — provisional 63/343,875 +1 more
Examiner
TRUONG, THONG P
Art Unit
2433
Tech Center
2400 — Computer Networks
Assignee
Rubrik Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
412 granted / 502 resolved
+24.1% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
15 currently pending
Career history
524
Total Applications
across all art units

Statute-Specific Performance

§101
11.0%
-29.0% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
8.4%
-31.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 502 resolved cases

Office Action

§102
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 2. Claims 1-20 are pending. Claims 1, 10 and 17 are independent. 3. The IDS submitted on 7/9/2025 has been entered. Claim Rejections - 35 USC § 102 4. 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. 5. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 6. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nickolov (US PG. Pub 2017/0034023). As regarding claim 1, Nickolov discloses A method for data management comprising: receiving, at a cloud platform that is configured to manage a plurality of virtual machine management systems and from one or more of the plurality of virtual machine management systems, an indication of configuration information of corresponding virtual machines [para. 13, 29 and 235; receiving, by the DataGrid service, configuration parameters/data from virtual machines]; determining, using the configuration information, a set of common configurations that are supported by a plurality of virtual machines [para. 325; determining configuration record including attributes or characteristics which may be common to many different servers]; identifying an indication of one or more security risks of a virtual machine managed by a virtual machine management system of the plurality of virtual machine management systems based on comparing the set of common configurations to the configuration information associated with the virtual machine [para. 325, 549-552; determining vulnerabilities of the new identified subscriber system based on comparing common configurations stored in the DG database]; and generating a notification that indicates the one or more security risks and an identifier of the virtual machine [para. 559 and 597; sending notification of updated system score(s) including vulnerability score]. As regarding claim 2, Nickolov further discloses The method of claim 1, wherein identifying the indication of the one or more security risks comprises: determining that the configuration information associated with the virtual machine comprises at least one configuration parameter different from the set of common configurations [para. 536-548]. As regarding claim 3, Nickolov further discloses The method of claim 1, further comprising: causing to display a user interface that includes the one or more security risks [para. 1058; block 4431 of FIG. 44]. As regarding claim 4, Nickolov further discloses The method of claim 3, wherein the user interface indicates a number of virtual machines that are in compliance or out of compliance based at least in part on the one or more security risks, a number of total security risks across virtual machines managed by the plurality of virtual machine management systems [para. 1058; block 4431 of FIG. 44], or a combination thereof. As regarding claim 5, Nickolov further discloses The method of claim 1, wherein the indication of the configuration information is received in accordance with a periodicity [para. 587 and 590]. As regarding claim 6, Nickolov further discloses The method of claim 1, wherein receiving the indication of the configuration information comprises: receiving one or more indications of current software versions of a set of software packages installed on a set of virtual machines supported by the plurality of virtual machine management systems [para. 543 and 591]. As regarding claim 7, Nickolov further discloses The method of claim 1, wherein receiving the indication of the configuration information comprises: receiving one or more indications of one or more operating systems installed on a set of virtual machines supported by the plurality of virtual machine management systems [para. 513, 543 and 544]. As regarding claim 8, Nickolov further discloses The method of claim 1, wherein receiving the indication of the configuration information comprises: receiving one or more indications of configuration parameters associated with a set of software packages installed on a set of virtual machines supported by the plurality of virtual machine management systems [para. 514]. As regarding claim 9, Nickolov further discloses The method of claim 1, wherein generating the notification comprises: generating the notification that includes information about the one or more security risks [para. 559 and 597; sending notification of updated system score(s) including vulnerability score], a link to remediation of the one or more security risks, or both. As regarding claim 10, Nickolov discloses An apparatus, comprising: one or more processors [para. 97]; one or more memories coupled with the one or more processors; and instructions stored in the one or more memories and executable by the one or more processors [para. 97 and 102-103] to cause the apparatus to: receive, at a cloud platform that is configured to manage a plurality of virtual machine management systems and from one or more of the plurality of virtual machine management systems, an indication of configuration information of corresponding virtual machines [para. 13, 29 and 235; receiving, by the DataGrid service, configuration parameters/data from virtual machines]; determine, using the configuration information, a set of common configurations that are supported by a plurality of virtual machines [para. 325; determining configuration record including attributes or characteristics which may be common to many different servers]; identify an indication of one or more security risks of a virtual machine managed by a virtual machine management system of the plurality of virtual machine management systems based on comparing the set of common configurations to the configuration information associated with the virtual machine [para. 325, 549-552; determining vulnerabilities of the new identified subscriber system based on comparing common configurations stored in the DG database]; and generate a notification that indicates the one or more security risks and an identifier of the virtual machine [para. 559 and 597; sending notification of updated system score(s) including vulnerability score]. As regarding claim 11, Nickolov further discloses The apparatus of claim 10, wherein the instructions to identify the indication of the one or more security risks are executable by the one or more processors to cause the apparatus to: determine that the configuration information associated with the virtual machine comprises at least one configuration parameter different from the set of common configurations [para. 536-548]. As regarding claim 12, Nickolov further discloses The apparatus of claim 10, wherein the instructions are further executable by the one or more processors to cause the apparatus to: cause to display a user interface that includes the one or more security risks [para. 1058; block 4431 of FIG. 44]. As regarding claim 13, Nickolov further discloses The apparatus of claim 12, wherein the user interface indicates a number of virtual machines that are in compliance or out of compliance based at least in part on the one or more security risks, a number of total security risks across virtual machines managed by the plurality of virtual machine management systems [para. 1058; block 4431 of FIG. 44], or a combination thereof. As regarding claim 14, Nickolov further discloses The apparatus of claim 10, wherein the indication of the configuration information is received in accordance with a periodicity [para. 587 and 590]. As regarding claim 15, Nickolov further discloses The apparatus of claim 10, wherein the instructions to receive the indication of the configuration information are executable by the one or more processors to cause the apparatus to: receive one or more indications of current software versions of a set of software packages installed on a set of virtual machines supported by the plurality of virtual machine management systems [para. 543 and 591]. As regarding claim 16, Nickolov further discloses The apparatus of claim 10, wherein the instructions to receive the configuration information are executable by the one or more processors to cause the apparatus to: receive one or more indications of configuration parameters associated with a set of software packages installed on a set of virtual machines supported by the plurality of virtual machine management systems [para. 514]. As regarding claim 17, Nickolov discloses A non-transitory computer-readable medium storing code, the code comprising instructions executable by one or more processors to: receive, at a cloud platform that is configured to manage a plurality of virtual machine management systems and from one or more of the plurality of virtual machine management systems, an indication of configuration information of corresponding virtual machines [para. 13, 29 and 235; receiving, by the DataGrid service, configuration parameters/data from virtual machines]; determine, using the configuration information, a set of common configurations that are supported by a plurality of virtual machines [para. 325; determining configuration record including attributes or characteristics which may be common to many different servers]; identify an indication of one or more security risks of a virtual machine managed by a virtual machine management system of the plurality of virtual machine management systems based on comparing the set of common configurations to the configuration information associated with the virtual machine [para. 325, 549-552; determining vulnerabilities of the new identified subscriber system based on comparing common configurations stored in the DG database]; and generate a notification that indicates the one or more security risks and an identifier of the virtual machine [para. 559 and 597; sending notification of updated system score(s) including vulnerability score]. As regarding claim 18, Nickolov further discloses The non-transitory computer-readable medium of claim 17, wherein the instructions to identify the indication of the one or more security risks are executable by the one or more processors to: determine that the configuration information associated with the virtual machine comprises at least one configuration parameter different from the set of common configurations [para. 536-548]. As regarding claim 19, Nickolov further discloses The non-transitory computer-readable medium of claim 17, wherein the indication of the configuration information is received in accordance with a periodicity [para. 587 and 590]. As regarding claim 20, Nickolov further discloses The non-transitory computer-readable medium of claim 17, wherein the instructions to receive the indication of the configuration information are executable by the one or more processors to: receive one or more indications of current software versions of a set of software packages installed on a set of virtual machines supported by the plurality of virtual machine management systems [para. 543 and 591]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THONG P TRUONG whose telephone number is (571)270-7905. The examiner can normally be reached on M-F 8:30AM - 5:30PM. 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, Jeffrey Pwu can be reached on 57127267986798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /THONG TRUONG/ Examiner, Art Unit 2433 /JEFFREY C PWU/Supervisory Patent Examiner, Art Unit 2433
Read full office action

Prosecution Timeline

Jun 16, 2025
Application Filed
Sep 29, 2026
Non-Final Rejection mailed — §102 (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
82%
Grant Probability
98%
With Interview (+15.5%)
3y 7m (~2y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 502 resolved cases by this examiner. Grant probability derived from career allowance rate.

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