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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6 November 2025 and 29 June 2026 have been considered by the examiner.
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.
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Claims 1-*** are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12.393,689. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are a broadening of the subject matter of the claims of the ‘689 Patent and on that basis the claims of the ‘689 Patent anticipate the claims of the instant application.
As to claim 1, the ‘689 Patent discloses a method, comprising (Claim 1: A method, comprising):
obtaining a first indication that information in a snapshot of a plurality of snapshots of a target object in a computing system is flagged for quarantine (Claim 1: obtaining a first indication that information in a snapshot of the plurality of snapshots of the target object is flagged for quarantine);
adding, based at least in part on the first indication, an entry to a table associated with the plurality of snapshots, the entry comprising an indication of the target object, an indication of the snapshot, and an indication that the information in the snapshot is quarantined (Claim 1: adding, based at least in part on receiving the first indication, an entry to the table, the entry comprising an indication of the target object, an indication of the snapshot, and an indication that the information in the snapshot is quarantined);
releasing, after adding the entry to the table, a first portion of the information in the snapshot from quarantine (Claim 1: releasing, after adding the entry to the table, a first portion of the information in the snapshot from quarantine); and
updating the table to indicate a second portion of the information in the snapshot that remains quarantined (Claim 1: and updating the table to indicate a second portion of the information in the snapshot that remains quarantined).
As to claim 2, the ‘689 Patent discloses the method of claim 1, further comprising: determining that the information in the snapshot is infected by malware; and generating the first indication that the information in the snapshot is flagged for quarantine based at least in part on determining the information is infected by malware, wherein the first indication is obtained based at least in part on generating the first indication (Claim 2: The method of claim 1, further comprising: determining that the information in the snapshot is infected by malware; and generating the first indication that the information in the snapshot is flagged for quarantine based at least in part on determining the information is infected by malware, wherein the first indication is obtained based at least in part on generating the first indication.”).
As to claim 3, the ‘689 Patent discloses the method of claim 1, wherein obtaining the first indication comprises: receiving the first indication from a second computing system, wherein the first indication is associated with a user, and wherein the indication that the information in the snapshot is quarantined is based at least in part on the user having privileges that satisfy a threshold (Claim 3: The method of claim 1, wherein obtaining the first indication comprises: receiving the first indication from a second computing system, wherein the first indication is associated with a user, and wherein the indication that the information in the snapshot is quarantined is based at least in part on the user having privileges that satisfy a threshold.).
As to claim 4, the ‘689 Patent discloses the method of claim 1, further comprising: identifying a second snapshot of the plurality of snapshots that comprises the information in the snapshot; and adding, based at least in part on identifying the second snapshot, a second entry to the table, the second entry comprising an indication that the information in the second snapshot is quarantined (Claim 4: The method of claim 1, further comprising: identifying a second snapshot of the one or more snapshots that comprises the information in the snapshot; and adding, based at least in part on identifying the second snapshot, a second entry to the table, the second entry comprising an indication that the information in the second snapshot is quarantined.).
As to claim 5, the ‘689 Patent discloses the method of claim 1, further comprising: identifying a second snapshot of the target object taken after the snapshot, the second snapshot of the target object including the information in the snapshot; and adding, based at least in part on identifying the second snapshot of the target object, a second entry to the table, the second entry comprising an indication that the information in the second snapshot of the target object is quarantined (Claim 5: The method of claim 1, further comprising: identifying a second snapshot of the target object taken after the snapshot, the second snapshot of the target object including the information in the snapshot; and adding, based at least in part on identifying the second snapshot of the target object, a second entry to the table, the second entry comprising an indication that the information in the second snapshot of the target object is quarantined.).
As to claim 6, the ‘689 Patent discloses the method of claim 5, further comprising: identifying a third snapshot of the target object taken after the second snapshot of the target object; determining that the third snapshot of the target object lacks the information in the snapshot of the target object; and adding, based at least in part on identifying the second snapshot of the target object, a third entry to the table, the third entry comprising an indication that the information in the second snapshot of the target object is permitted to be restored (Claim 6: The method of claim 5, further comprising: identifying a third snapshot of the target object taken after the second snapshot of the target object; determining that the third snapshot of the target object lacks the information in the snapshot of the target object; and adding, based at least in part on identifying the second snapshot of the target object, a third entry to the table, the third entry comprising an indication that the information in the second snapshot of the target object is permitted to be restored.).
As to claim 7, the ‘689 Patent discloses the method of claim 1, further comprising: identifying, at a second computing system, a duplicate version of the snapshot; and adding, based at least in part on identifying the duplicate version, a second entry to the table, the second entry comprising an indication that the information in the duplicate version of the snapshot is quarantined (Claim 7: The method of claim 1, further comprising: identifying, at a second computing system, a duplicate version of the snapshot; and adding, based at least in part on identifying the duplicate version, a second entry to the table, the second entry comprising an indication that the information in the duplicate version of the snapshot is quarantined.).
As to claim 8, the ‘689 Patent discloses the method of claim 1, further comprising: receiving a command to release the second portion of the information in the snapshot from quarantine, wherein the command is associated with a user; releasing the second portion of the information in the snapshot from quarantine based at least in part on the user having privileges that satisfy a threshold; and storing a third indication that the information in the snapshot is permitted to be restored based at least in part on releasing the information in the snapshot (Claim, 8: The method of claim 1, further comprising: receiving a command to release the second portion of the information in the snapshot from quarantine, wherein the command is associated with a user; releasing the second portion of the information in the snapshot from quarantine based at least in part on the user having privileges that satisfy a threshold; and storing a third indication that the information in the snapshot is permitted to be restored based at least in part on releasing the information in the snapshot.).
As to claim 9, the ‘689 Patent discloses the method of claim 1, further comprising: identifying a second snapshot that comprises the information in the snapshot; and adding, to the table, a second entry after the entry, the second entry comprising an indication of the second snapshot and an indication that the second snapshot is quarantined (Claim 9: The method of claim 1, further comprising: identifying a second snapshot that comprises the information in the snapshot; and adding, to the table, a second entry after the entry, the second entry comprising an indication of the second snapshot and an indication that the second snapshot is quarantined.).
As to claim 10, the ‘689 Patent discloses the method of claim 1, further comprising: releasing the second portion of the information in the snapshot from quarantine; and adding, to the table after the entry, a second entry comprising a second indication of the snapshot and an indication that the snapshot is released from quarantine, wherein the entry remains in the table after the second entry is added to the table (Claim 10: The method of claim 1, further comprising: releasing the second portion of the information in the snapshot from quarantine; and adding, to the table after the entry, a second entry comprising a second indication of the snapshot and an indication that the snapshot is released from quarantine, wherein the entry remains in the table after the second entry is added to the table.).
As to claim 11, the ‘689 Patent discloses the method of claim 1, wherein the entry further comprises an indication of a location of the information in the snapshot, and wherein the indication indicates that the information in the snapshot at the location is quarantined (Claim 11: The method of claim 1, wherein the entry further comprises an indication of a location of the information in the snapshot, and wherein the indication indicates that the information in the snapshot at the location is quarantined.).
As to claim 12, the ‘689 Patent discloses the method of claim 1, further comprising: identifying a second snapshot that comprises the information in the snapshot; and adding, to the table, a second entry after the entry, the second entry comprising an indication of the second snapshot (Claim 12: The method of claim 1, further comprising: identifying a second snapshot that comprises the information in the snapshot; and adding, to the table, a second entry after the entry, the second entry comprising an indication of the second snapshot.).
As to claim 13, the ‘689 Patent discloses the method of claim 1, further comprising: releasing the information in the snapshot from quarantine; and removing the entry from the table (Claim 13: The method of claim 1, further comprising: releasing the information in the snapshot from quarantine; and removing the entry from the table.).
Claims 14-19 recite an apparatus commensurate in scope to the method of claims 1-6 and are rejected under a substantially similar rationale.
Claim 20 recites a computer-readable medium commensurate in scope to the method of claim 1 and is rejected under a substantially similar rationale.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2021/0240828 by Gaurav et al. discloses detection of malicious software
U.S. Patent Application Publication No. 2020/0319979 by Kulaga et al. discloses system restoration after a malware attack
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S MCNALLY whose telephone number is (571)270-1599. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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MICHAEL S. MCNALLY
Primary Examiner
Art Unit 2432
/Michael S McNally/Primary Examiner, Art Unit 2432
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