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).
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,375,519. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-17 of U.S. Patent No. 12,375,519 anticipate all of the limitations of the current claims at issue.
Claim Rejections - 35 USC § 102
(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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ramsey US 8,621,618
As per claim 1. Ramsey teaches A method comprising: accessing network traffic from a network, wherein the network traffic is associated with a plurality of entities; determining one or more values associated with one or more properties associated with an entity, wherein the one or more values are based on the network traffic; (Column 2 lines 5-15; 26-45; Column 13 line 65 to Column 14 line 33) (teaches attack detection system based on analysis of network traffic that contains attack/behavior/risk associated with entities)
Ramsey teaches determining at least one of a functional risk value, a configurational risk value, or a behavioral risk value associated with the entity, wherein at least one of the functional risk value, the configurational risk value, or the behavioral risk value associated with the entity is based at least one of the values associated with the one or more properties associate with the entity; (Column 4 lines 25-45 Column 6 line 56 to Column 7 line 55) (teaches network traffic analysis and risk value based on reputation, behavior pattern, etc)
Ramsey teaches determining a risk value for the entity based on the functional risk value and at least one of the configurational risk value or the behavioral risk value associated with the entity; and storing the risk value for the entity. (Column 13 line 65 to Column 14 line 20; Column 16 lines 8-49) (teaches combination of risks including known vulnerability, or level of criticality of asset, storing and using risk profiles and values)
As per claim 2. The method of claim 1 further comprising: Ramsey teaches performing an action based on the risk value. (Column 9 lines 1-12) (notification to take action)
As per claim 3. The method of claim 1, Ramsey teaches wherein the functional risk value is associated with at least one of asset criticality or asset acquittance associated with the entity. (Column 14 lines 10-20; Column 15 lines 1-15) (teaches weights and risk values associated with asset criticality)
As per claim 4. The method of claim 1, Ramsey teaches wherein the configurational risk value is associated with at least one of a vulnerability, an end of life proximity, an open port, a credential, or an open share. (Column 13 lines 34-50; Column 14 lines 10-20) (teaches weight dependent on vulnerability stance)
As per claim 5. The method of claim 1, Ramsey teaches wherein the behavioral risk value is associated with at least one of Internet exposure, traffic posture, anomaly detection, encryption analysis, traffic reputation, or malicious activity. (Column 7 lines 10-36) (teaches traffic inspection for reputation and behavior to detect malicious activity)
As per claim 6. The method of claim 1, Ramsey teaches wherein the risk value associated with the entity is based on at least one of a weight associated with the functional risk value, a weight associated with the configurational risk value, or a weight associated with the behavioral risk value. (Column 8 lines 40-66; Column 14 lines 10-20; Column 15 lines 1-15) (teaches weights based on a plurality of different factors including configuration/vulnerability, behavior evaluation, asset criticality, malicious activity)
As per claim 7. The method of claim 1, Ramsey teaches wherein the risk value for the entity is determined based on at least one of an observed activity or a potential for compromise. (Column 13 lines 34-50; Column 14 lines 10-32; Column 15 lines 1-15) (teaches risk value based on network traffic activity and device stance)
As per claim 8. Ramsey teaches A system comprising: a memory; and a processing device, operatively coupled to the memory, to: access network traffic from a network, wherein the network traffic is associated with a plurality of entities; determine one or more values associated with one or more properties associated with an entity, wherein the one or more values are based on the network traffic; (Column 2 lines 5-15; 26-45; Column 13 line 65 to Column 14 line 33) (teaches attack detection system based on analysis of network traffic that contains attack/behavior/risk associated with entities)
Ramsey teaches determine at least one of a functional risk value, a configurational risk value, or a behavioral risk value associated with the entity, wherein at least one of the functional risk value, the configurational risk value, or the behavioral risk value associated with the entity is based at least one of the values associated with the one or more properties associate with the entity; (Column 4 lines 25-45 Column 6 line 56 to Column 7 line 55) (teaches network traffic analysis and risk value based on reputation, behavior pattern, etc)
Ramsey teaches determine, by the processing device, a risk value for the entity based on the functional risk value and at least one of the configurational risk value or the behavioral risk value associated with the entity; and store the risk value for the entity. (Column 13 line 65 to Column 14 line 20; Column 16 lines 8-49) (teaches combination of risks including known vulnerability, or level of criticality of asset, storing and using risk profiles and values)
As per claim 9. The system of claim 8, Ramsey teaches wherein the processing device further to: perform an action based on the risk value. (Column 9 lines 1-12) (notification to take action)
As per claim 10. The system of claim 8, Ramsey teaches wherein the functional risk value is associated with at least one of asset criticality or asset acquittance associated with the entity. (Column 14 lines 10-20; Column 15 lines 1-15) (teaches weights and risk values associated with asset criticality)
As per claim 11. The system of claim 8, Ramsey teaches wherein the configurational risk value is associated with at least one of a vulnerability, an end of life proximity, an open port, a credential, or an open share. (Column 13 lines 34-50; Column 14 lines 10-20) (teaches weight dependent on vulnerability stance)
As per claim 12. The system of claim 8, Ramsey teaches wherein the behavioral risk value is associated with at least one of Internet exposure, traffic posture, anomaly detection, encryption analysis, traffic reputation, or malicious activity. (Column 7 lines 10-36) (teaches traffic inspection for reputation and behavior to detect malicious activity)
As per claim 13. The system of claim 8, Ramsey teaches wherein the risk value associated with the entity is based on at least one of a weight associated with the functional risk value, a weight associated with the configurational risk value, or a weight associated with the behavioral risk value. (Column 8 lines 40-66; Column 14 lines 10-20; Column 15 lines 1-15) (teaches weights based on a plurality of different factors including configuration/vulnerability, behavior evaluation, asset criticality, malicious activity)
As per claim 14. The system of claim 8, Ramsey teaches wherein the risk value for the entity is determined based on at least one of an observed activity or a potential for compromise. (Column 13 lines 34-50; Column 14 lines 10-32; Column 15 lines 1-15) (teaches risk value based on network traffic activity and device stance)
As per claim 15. Ramsey teaches A non-transitory computer readable medium having instructions encoded thereon that, when executed by a processing device, cause the processing device to: access network traffic from a network, wherein the network traffic is associated with a plurality of entities; (Column 2 lines 5-15; 26-45; Column 13 line 65 to Column 14 line 33) (teaches attack detection system based on analysis of network traffic that contains attack/behavior/risk associated with entities)
Ramsey teaches determine one or more values associated with one or more properties associated with an entity, wherein the one or more values are based on the network traffic; determine at least one of a functional risk value, a configurational risk value, or a behavioral risk value associated with the entity, wherein at least one of the functional risk value, the configurational risk value, or the behavioral risk value associated with the entity is based at least one of the values associated with the one or more properties associate with the entity; (Column 4 lines 25-45 Column 6 line 56 to Column 7 line 55) (teaches network traffic analysis and risk value based on reputation, behavior pattern, etc)
Ramsey teaches determine, by the processing device, a risk value for the entity based on the functional risk value and at least one of the configurational risk value or the behavioral risk value associated with the entity; and store the risk value for the entity. (Column 13 line 65 to Column 14 line 20; Column 16 lines 8-49) (teaches combination of risks including known vulnerability, or level of criticality of asset, storing and using risk profiles and values)
As per claim 16. The non-transitory computer readable medium of claim 15, Ramsey teaches wherein the instructions encoded thereon that, when executed by the processing device, cause the processing device to: perform an action based on the risk value. (Column 9 lines 1-12) (notification to take action)
As per claim 17. The non-transitory computer readable medium of claim 15, Ramsey teaches wherein the functional risk value is associated with at least one of asset criticality or asset acquittance associated with the entity. (Column 14 lines 10-20; Column 15 lines 1-15) (teaches weights and risk values associated with asset criticality)
As per claim 18. The non-transitory computer readable medium of claim 15, Ramsey teaches wherein the configurational risk value is associated with at least one of a vulnerability, an end of life proximity, an open port, a credential, or an open share. (Column 13 lines 34-50; Column 14 lines 10-20) (teaches weight dependent on vulnerability stance)
As per claim 19. The non-transitory computer readable medium of claim 15, Ramsey teaches wherein the behavioral risk value is associated with at least one of Internet exposure, traffic posture, anomaly detection, encryption analysis, traffic reputation, or malicious activity. (Column 7 lines 10-36) (teaches traffic inspection for reputation and behavior to detect malicious activity)
As per claim 20. The non-transitory computer readable medium of claim 15, Ramsey teaches wherein the risk value associated with the entity is based on at least one of a weight associated with the functional risk value, a weight associated with the configurational risk value, or a weight associated with the behavioral risk value. (Column 8 lines 40-66; Column 14 lines 10-20; Column 15 lines 1-15) (teaches weights based on a plurality of different factors including configuration/vulnerability, behavior evaluation, asset criticality, malicious activity)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER BROWN whose telephone number is (571)272-3833. The examiner can normally be reached M-F 8-5.
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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.
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/CHRISTOPHER J BROWN/Primary Examiner, Art Unit 2439
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