DETAILED ACTION
This non-final office action is in response to claims 1-18 filed July 01, 2025 for examination. Claims 1-18 are being examined and are pending.
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 .
Drawings
The drawings filed on July 01, 2025 have been accepted.
Information Disclosure Statement
The information disclosure statement (IDS) was filed on 10/01/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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 1-18 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,406,055 B2 (S/N # 17/984,921). Although the conflicting claims are not identical, they are not patentably distinct from each other because the referenced US Patent and the instant application are claiming common subject matter, as follows (only independent claim 1 is shown as example):
Claim Comparison Table:
Instant Application # 19/256,294
US Patent 12,406,055 B2 (S/N # 17/984,921)
1. continuously monitor one or more incoming data access requests from one or more sources to access a real-time environment;
identify that a data access request of the one or more incoming data access requests is an unauthorized request;
generate a controlled environment that has same operational functionalities and visual functionalities as that of the real-time environment, in response to identifying that the data access request is the unauthorized request;
redirect the data access request to the controlled environment;
perform one or more actions in the controlled environment to capture one or more interactions associated with the data access request within the controlled environment; and automatically generate one or more controls to secure a real-time environment based on the one or more interactions captured within the controlled environment.
1. continuously monitor one or more incoming data access requests from one or more sources;
identify that a data access request of the one or more incoming data access requests is an unauthorized request, wherein the data access request is associated with accessing data in a real-time environment;
in response to identifying that the data access request is unauthorized, instantaneously generate a controlled environment that has same operational functionalities and visual functionalities as that of the real-time environment;
redirect the data access request to the controlled environment;
perform one or more actions in the controlled environment to capture one or more interactions associated with the data access request within the controlled environment; and automatically generate one or more controls to secure the real-time environment based on the one or more interactions captured within the controlled environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN105282047A (Zhang et al.): The method of the disclosed embodiments by controlling the access times in a monitoring period, can determine access too many times of the user so as to control the access times of the user, on one hand, it can effectively avoid dense visiting harmful influence due to the server, on the other hand, it also can avoid potential malicious access from illegal user access to server; further, determines not to allow access of the user through the first forbidden access list by the second prohibited visit list determines not to allow access of the user in the current monitoring period, forbidding access according to the first user list and the second access user list to control the access request, it can more effectively prevent the access request of the unauthorized user, restrict access threshold according to the server currently running condition is updated in real time so that normal operation of the server based on the access request processing as much as possible.
CN112235418A (Wang et al.): Further, the monitor in real time monitoring network centralized cross-blockchain access request, if monitoring the illegal request, then recording and pre-warning method performs the following steps: obtaining the accurate matching rule obtained by analyzing the monitoring strategy; according to the accurate matching rule, using depth packet detection to select the received data, obtaining the monitoring result, the received data is the service customization rule obtained according to the analysis monitoring strategy, using data pre-processing to filter the cross-blockchain access request; the depth packet detection for selecting the received data, obtaining the monitoring result, specifically comprising: using deep packet detection; analyzing the received data; selecting the analysis result according to the accurate matching rule; obtaining the monitoring related information of the cross-blockchain access request; by associating the unique characteristic identifier, obtaining the media stream corresponding to the monitoring related information of the cross-blockchain access request; taking the monitoring related information of the cross-blockchain access request and the corresponding media stream as the monitoring result.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWNCHOY RAHMAN whose telephone number is (571)270-7471. The examiner can normally be reached Monday - Friday 8:30A-5P ET.
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, Taghi T Arani can be reached at 5712723787. 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.
/Shawnchoy Rahman/Primary Examiner, Art Unit 2438
Prosecution Insights