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 .
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. 10,938,838. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations relate to a similar concept or are merely reworded.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,755,974. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations relate to a similar concept or are merely reworded.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,354,043. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations relate to a similar concept or are merely reworded.
19/253384
10,938,838
11,755,974
12,354,043
1. A computer program product comprising computer executable code embodied in a non- transitory computer readable medium that, when executing on one or more computing devices, performs the steps of:
providing a first model for evaluating a likelihood that a sample is at least one of safe or malicious based on a training set of known threat samples;
identifying a threat sample presenting an intermediate threat within a predetermined range of likelihoods of being malicious according to the first model;
identifying one or more relevant features of the threat sample associated with an inference of malicious code;
identifying similar threat samples with a second model for evaluating a similarity of threat samples, the similar threat samples including one or more safe threat samples similar to the threat sample and one or more malicious threat samples similar to the threat sample;
presenting a graphical description of a genetic composition of the threat sample and the similar threat samples in a user interface, the genetic composition graphically showing a presence and absence of one or more genetic features of the threat sample in the similar threat samples; and
receiving user input through the user interface categorizing the threat sample as safe, unsafe, or undetermined.
1. A computer program product comprising computer executable code embodied in a non-transitory computer readable medium that, when executing on one or more computing devices, performs the steps of:
providing a model for evaluating a likelihood that a threat sample is at least one of safe or malicious based on a training set of known threat samples;
identifying a new threat sample as an intermediate threat that is not within a predetermined likelihood of being malicious or safe according to the model;
identifying one or more relevant features of the new threat sample associated with an inference of malicious code using a random forest over human-interpretable features of the training set of known threat samples;
identifying similar threat samples including one or more safe threat samples similar to the new threat sample and one or more malicious threat samples similar to the new threat sample based on a k-nearest neighbor algorithm;
presenting a description of the new threat sample, the one or more relevant features, and the similar threat samples in a user interface; and
receiving user input through the user interface categorizing the new threat sample as safe, unsafe, or undetermined.
1. A computer program product comprising computer executable code embodied in a non-transitory computer readable medium that, when executing on one or more computing devices, performs the steps of:
providing a model for evaluating a likelihood that a threat sample is at least one of safe or malicious based on a training set of known threat samples;
identifying a new threat sample exceeding predetermined likelihood of being malicious according to the model;
identifying one or more relevant features of the new threat sample associated with an inference of malicious code using a random forest over human-interpretable features of the training set of known threat samples;
identifying similar threat samples including one or more safe threat samples similar to the new threat sample and one or more malicious threat samples similar to the new threat sample based on a supervised learning algorithm;
presenting a description of the new threat sample, the one or more relevant features, the similar threat samples, and a graphical map of a feature composition of the new threat sample and the similar threat samples in a user interface; and
receiving user input through the user interface categorizing the new threat sample as safe, unsafe, or undetermined.
1. A computer program product comprising computer executable code embodied in a non-transitory computer readable medium that, when executing on one or more computing devices, performs the steps of:
providing a first model for evaluating a likelihood that a threat sample is at least one of safe or malicious based on a training set of known threat samples;
identifying a threat sample presenting an intermediate threat within a predetermined range of likelihoods of being malicious according to the first model;
identifying one or more relevant features of the threat sample associated with an inference of malicious code using a random forest over human-interpretable features of the training set of known threat samples;
identifying similar threat samples with a second model for evaluating a similarity of threat samples, the similar threat samples including one or more safe threat samples similar to the threat sample and one or more malicious threat samples similar to the threat sample;
presenting a graphical description of the threat sample, the one or more relevant features, and the similar threat samples in a user interface; and
receiving user input through the user interface categorizing the threat sample as safe, unsafe, or undetermined.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM J GOODCHILD whose telephone number is (571)270-1589. The examiner can normally be reached M-F 8am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeff Pwu can be reached at 571-272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/William J. Goodchild/Primary Examiner, Art Unit 2433
