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`Practitioner's Docket No. SP1P009
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`PATENT
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Brett M. Oliphant
`In re application of:
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`Application No.: 14/138,014
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`Group No.: 2434
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`Filed: 12-21-2013
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`For: REAL-TIME VULNERABILITY MONITORING
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`Examiner: SHAIFER HARRIMAN, DANT B.
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`Mail Stop Petition -313(c)
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`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`PETITION UNDER (37 C.F.R. § 1.313(c))
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`WITHDRAW AL FROM ISSUE-ISSUE FEE PAID
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`1. Applicant petitions that the above identified application be withdrawn from issue. The issue fee
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`was paid on May 26, 2015.
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`2. Reason for withdrawal from issue:
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`The reason applicant seeks withdrawal from issue of this application is:
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`37 CFR 1.313(c)(2) -Consideration of a request for continued examination (RCE) in compliance
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`with § 1.114.
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`The accompanying IDS includes additional references cited in connection with related co­
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`pending patent application(s ), and the present petition is being submitted, out of an abundance of
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`caution, so that the Office has the opportunity to consider such references prior to issuing the
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`above patent application.
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`3. Petition fee (37 CFR § 1.17(i)):
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`Paid via Credit Card.
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`Date: June 26, 2015
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`Reg. No.: 55,517
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`Signature of Practitioner
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`Brian Owens, Esq.
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`Petition under 37 C.F.R. § l.313(c) Withdrawal From Issue-Issue Fee Paid--page I of I
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 1 of 130
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`PATENT
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`In re application of:
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`Brett M. Oliphant
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`Examiner: SHAIFERHARRIMAN, DANT B
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`Art Unit: 2434
`Application No.: 14/138,014
`Atty. Docket No.: SP1P009
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`Filed: 12-21-2013
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`For: REAL-TIME VULNERABILITY Date: 6/26/2015
`MONITORING
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`INFORMATION DISCLOSURE STATEMENT
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`UNDER 37 CFR §1.97 and §1.98
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`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-14 5 0
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`Dear Sir:
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`The reference(s) listed in the attached PTO Form SB/08a, cop(ies) of which is attached
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`(when necessary), may be material to examination of the above-identified patent application.
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`Applicants submit the reference(s) in compliance with their duty of disclosure pursuant to 37
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`CFR §§ 1.56 and 1.97. The Examiner is requested to make the reference(s) of official record in
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`this application.
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 2 of 130
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`Per MPEP 609.02, applicant has not re-submitted all of the disclosures, references, etc.
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`cited in any parent application(s)/patent(s). It is assumed that, per such MPEP section, the
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`Examiner has considered the same in connection with the instant application. If applicant's
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`assumption is in error or the Examiner requires re-submission of any such references, etc.,
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`applicant requests that the Examiner contact the undersigned so that applicant can address the
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`same. Further, applicant respectfully rescinds the IDS filed on May 23, 2015 in favor of the
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`present IDS, which includes additional references (e.g. see U.S. Patents Citations #24-27, U.S.
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`Patent Application Publications #16-23, Non-Patent Literature Documents #10-11, etc.) cited in
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`connection with related co-pending patent application(s ), and which is being submitted, out of an
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`abundance of caution, so that the Office has the opportunity to consider such references prior to
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`issuing the above patent application. This Information Disclosure Statement is not to be
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`construed as a representation that a search has been made, that additional information material to
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`the examination of this application does not exist, or that the reference(s) indeed constitutes prior
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`art.
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`This Information Disclosure Statement is believed to be filed within three months of the
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`filing date of a national application other than a continued prosecution application, within three
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`months of the date of entry of the national stage in an international application, before the
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`mailing of a first Office action on the merits, or before the mailing of a first Office action after
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`the filing of a request for continued examination. Accordingly, it is believed that no fees are due
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`in connection with the filing of this Information Disclosure Statement.
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`Respectfully submitted,
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`/Brian Owens/
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`Brian Owens
`Reg.# 55,517
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`2
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 3 of 130
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`Doc code: RCEX
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`(RCE) Doc description: Request for Continued Examination
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`PTO/SB/30EFS (07-09)
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`Approved for use through 07131/2012. 0MB 0651-0031
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`number_ of information Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection unless il contains a valid 0MB control
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`REQUEST FOR CONTINUED EXAMINATION(RCE)TRANSMITTAL
`(Submitted Only via EFS-Web)
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`Application
`Number
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`14/138,014 IFiling I2013-12-21
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`Date
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`Docket Number
`(if applicable)
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`SP1P009 IArt I2434
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`Unit
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`First Named
`Brett M. Oliphant
`Inventor
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`Examiner
`SHAIFER HARRIMAN, DANT B
`Name
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`This is a Request for Continued Examination (RCE) under 37 CFR 1.114 of the above-identified application.
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`Request for Continued Examination (RCE) practice under 37 CFR 1.114 does not apply to any utility or plant application filed prior to June 8,
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`1995, or to any design application. The Instruction Sheet for this form is located at WWW.USPTO.GOV
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`SUBMISSION REQUIRED UNDER 37 CFR 1.114
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`Note: If the RCE is proper, any previously filed unentered amendments and amendments enclosed with the RCE will be entered in the order
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`in which they were filed unless applicant instructs otherwise. If applicant does not wish to have any previously filed unentered amendment(s)
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`entered, applicant must request non-entry of such amendment(s).
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`Previously submitted. If a final Office action is outstanding, any amendments filed after the final Office action may be considered as a
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`submission even if this box is not checked.
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`filed on in the Appeal Brief or Reply Brief previously D Consider the arguments
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`D Other
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`18] Enclosed
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`Amendment/Reply
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`(IDS)18] Information Disclosure Statement
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`Affidavit(s)/ Declaration(s)
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`Other
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`Suspension of action on the above-identified application is requested under 37 CFR 1.103(c) for a period of months
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`(Period of suspension shall not exceed 3 months; Fee under 37 CFR 1.17(i) required)
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`MISCELLANEOUS
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`Other
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`The RCE fee under 37 CFR 1.17(e) is required by 37 CFR 1.114 when the RCE is filed.
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`The Director is hereby authorized to charge any underpayment of fees, or credit any overpayments, to
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`Deposit Account No
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`SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT REQUIRED
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`FEES
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`18] Patent Practitioner Signature
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`Applicant Signature
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`□
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`EFS -Web 2.1.15
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 4 of 130
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`Doc code: RCEX
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`Doc description: Request for Continued Examination (RCE)
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`PTO/SB/30EFS (07-09)
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`Approved for use through 07131/2012. 0MB 0651-0031
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless il contains a valid 0MB control number_
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`Signature of Registered U.S. Patent Practitioner
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`Signature /Brian Owens/
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`2015-06-26
`Date (YYYY-MM-DD)
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`Name Brian Owens
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`Registration Number 55517
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`This collection of information is required by 37 CFR 1.114. The information is required to obtain or retain a benefit by the public which is to
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`file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is
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`estimated to take 12 minutes to complete, including gathering, preparing, and submitting the completed application form to the USPTO. Time
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`will vary depending upon the individual case. Any comments on the amount of time you require to complete this form and/or suggestions for
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`reducing this burden, should be sent to the Chief Information Officer. U.S. Patent and Trademark Office, U.S. Department of Commerce,
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`P.O. Box 1450, Alexandria, VA 22313-1450.
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`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
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`EFS -Web 2.1.15
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 5 of 130
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`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579} requires that you be given certain information in connection with your submission of the
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`attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be
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`of this information
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`is 35 U.S.C. 2(b )(2); (2) furnishing of the information
`advised that: ( 1) the general authority for the collection
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`solicited is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office
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`is to process and/or examine your submission related to a patent application or patent. If you do not furnish the requested
`information,
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`the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may
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`result in termination of proceedings or abandonment of the application or expiration of the patent.
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`The information provided by you in this form will be subject to the following routine uses:
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`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of Information
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`Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a). Records from this system of records may be disclosed to the
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`Department of Justice to determine whether the Freedom of Information Act requires disclosure of these records.
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`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a
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`court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement
`negotiations.
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`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
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`request involving an individual, to whom the record pertains, when the individual has requested assistance from the
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`Member with respect to the subject matter of the record.
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`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need
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`for the information
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`in order to perform a contract. Recipients of information shall be required to comply with the
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`requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
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`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of records
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`may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization,
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`pursuant to the Patent Cooperation Treaty.
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`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of
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`National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
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`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services,
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`or his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to
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`recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and
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`2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this
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`purpose, and any other relevant (i.e., GSA or Commerce} directive. Such disclosure shall not be used to make
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`determinations about individuals.
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`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
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`the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may
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`be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an
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`application which became abandoned or in which the proceedings were terminated and which application is
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`referenced by either a published application, an application open to public inspections or an issued patent.
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`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
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`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
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`EFS - Web 2.1.15
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 6 of 130
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`Electronic Patent Application Fee Transmittal
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`Application Number:
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`Filing Date:
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`14138014
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`21-Dec-2013
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`Title of Invention:
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`REAL-TIME VULNERABILITY MONITORING
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`First Named Inventor/Applicant Name:
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`Brett M. Oliphant
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`Filer:
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`Brian Dean Owens
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`Attorney Docket Number:
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`SP1P009
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`Filed as Small Entity
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`Filing Fees for Utility under 35 USC 111 (a)
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`Description
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`Fee Code
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`Quantity
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`Amount
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`Sub-Total in
`USO($)
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`Basic Filing:
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`Pages:
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`Claims:
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`Miscellaneous-Filing:
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`Petition:
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`Petition Fee-37CFR 1.17(h) (Group II)
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`2464
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`1
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`70
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`70
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`Patent-Appeals-and-Interference:
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`Post-Allowance-and-Post-Issuance:
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 7 of 130
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`Description
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`Fee Code
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`Quantity
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`Extension-of-Time:
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`Miscellaneous:
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`Request for Continued Examination
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`2801
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`1
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`600
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`600
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`Total in USD ($)
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`670
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 8 of 130
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`Electronic
`Acknowledgement Receipt
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`EFSID:
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`22763565
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`Application Number:
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`14138014
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`International Application Number:
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`Confirmation Number:
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`1067
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`Title of Invention:
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`REAL-TIME VULNERABILITY MONITORING
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`First Named Inventor/Applicant Name: Brett M. Oliphant
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`Customer Number:
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`127962
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`Filer:
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`Brian Dean Owens
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`Filer A uthorized By:
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`Attorney Docket Number: SP1P009
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`Receipt Date:
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`27-JUN-2015
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`Filing Date:
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`21-DEC-2013
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`Time Stamp:
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`20:49:23
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`Application Type: Utility under 35 USC 111 (a)
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`Payment information:
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`Submitted with Payment
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`File Listing:
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`I no
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`Message Digest Part /.zip (if appl.)
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`1
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`SPl P009_Petition_to_Withdra
`153930
`Petition to Withdraw from Issue
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`w_from_lssue_lssue_Fee_Paid. no
`pdf
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`b636e5Sd98acc6f9a8Sf79cc411 b4a307dc0
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`1
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`Warnings:
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`Information:
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`c781
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`Ex. 1008
`CISCO SYSTEMS, INC. / Page 9 of 130
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`2
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`Transmittal Letter
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`92762
`SP 1 P009 _Regular _I DS_before_
`1 st_OA_06-26-15.pdf
`a30b 18794e09b1 29b0332a2331 507fe3de1
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`no
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`3 db4d d4 22 79233fd 1 a cfcO 7 Sa682640466e
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`Request for Continued Examination SPl P009_RCE_6-26-15-Rev2.
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`8b 18761fa7299fc5fad6ebc508f33cc061 22':,_
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`Ex. 1008
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
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`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
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`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 181 O), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/1 OS) will be issued in due course, subject to prescriptions concerning
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