CERTIFIC
`
`AIL
`
`deposited with the
`rtify that this correspondence is be"
`I hereb
`‘EXPRESS MAIL
`las Postal Service in an envelope
`United
`POST OFFICE TO ADDRESSEE‘ service under 37 C.F.R.1.10.
`Mailing Label No. EV336035415US and is addressed to the:
`Assistant Commissioner for Patents, Washington, D. C. 20231.
`
`Date: June 3, 2005
`
`(f
`
`Wilbum Liddell, Jr.
`
`PATENT
`
`409475-67
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`I GARY STEPHEN SHUSTER
`
`Serial No.:
`
`b
`Not Yet Assigned
`
`Parent Art Unit:
`I
`
`.
`
`2132
`
`’
`
`'
`
`Parent Examiner:
`
`J. M. McArdle
`
`Filed:
`
`Concurrently Herewith
`
`Title: METHOD AND APPARATUS FOR
`IDENTIFYING
`AND
`CHARACTERIZING
`ERRANT ELECTRONIC FILES
`
`
`PRELIMINARY AMENDMENT
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Prior to examination of the application, please amend the application as follows:
`
`LA2:764029.1
`
`(cid:51)(cid:49)(cid:38)(cid:3)(cid:20)(cid:19)(cid:19)(cid:27)
`PNC 1008
`
`
`
`AIL
`
`deposited with the
`rtify that this correspondence is be"
`I hereb
`‘EXPRESS MAIL
`las Postal Service in an envelope
`United
`POST OFFICE TO ADDRESSEE‘ service under 37 C.F.R.1.10.
`Mailing Label No. EV336035415US and is addressed to the:
`Assistant Commissioner for Patents, Washington, D. C. 20231.
`
`Date: June 3, 2005
`
`(f
`
`Wilbum Liddell, Jr.
`
`PATENT
`
`409475-67
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`I GARY STEPHEN SHUSTER
`
`Serial No.:
`
`b
`Not Yet Assigned
`
`Parent Art Unit:
`I
`
`.
`
`2132
`
`’
`
`'
`
`Parent Examiner:
`
`J. M. McArdle
`
`Filed:
`
`Concurrently Herewith
`
`Title: METHOD AND APPARATUS FOR
`IDENTIFYING
`AND
`CHARACTERIZING
`ERRANT ELECTRONIC FILES
`
`
`PRELIMINARY AMENDMENT
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Prior to examination of the application, please amend the application as follows:
`
`LA2:764029.1
`
`(cid:51)(cid:49)(cid:38)(cid:3)(cid:20)(cid:19)(cid:19)(cid:27)
`PNC 1008
`
`
`
`Preliminary Amendment
`June 3, 2005
`Page 2 of 8
`
`IN THE SPECIFICATION:
`
`Please amend the paragraph beginning on page 1, line 5, including the heading
`
`“CROSS-REFERENCE TO RELATED APPLICATION,” as follows: .
`
` RELATED APPLICATIONS
`
`This application, is a continuation of co-pending application Serial No.
`
`09/561, 751 filed April 29, 2000, which claims priority pursuant to 35 U.S.C. § 119(e) to
`
`U.S. Provisional Application Numbers 60/132,093, filed April 30, 1999; 60/142,332, filed
`
`July 3, 1999; and 60/157,195, filed September 30, 1999.
`
`-These All of the foregoing
`
`non-provisional and provisional applications are specifically incorporated by reference
`
`herein, in their entirety.
`
`LA2:764029.1
`
`
`
`Preliminary Amendment
`June 3, 2005
`Page 3 of 8
`
`IN THE CLAIMS:
`
`The following listing of claims will replace all prior versions, and listings, of
`
`the claims in the application:
`
`1-58.
`
`(Canceled)
`
`59.
`
`(New) A computer-implemented method for identifying and characterizing
`
`stored electronic files, said method comprising:
`
`processing a file from a computer storage medium using an algorithm to
`generate an identification yalue determined by processing contents of the file using the
`
`algorithm;
`
`comparing the identification value to each of a plurality of identification values
`
`each associated with one of a plurality of unauthorized files, wherein each of the
`
`plurality of unauthorized files is substantially free from infection with a computer virus;
`
`and
`
`.
`
`_
`
`characterizing the file as an identified unauthorized file if the identification value
`
`matches one of the plurality of identification values.
`
`60.
`
`(New) The method of Claim 59, further comprising selecting the file from
`
`one of a plurality of sequentially-ordered files in a directory of the computer storage
`
`medium.
`
`61..
`
`(New) The method of Claim 59, further comprising selecting the file from
`
`a plurality of files stored in the computer storage medium, based on size of the file.
`
`62-.
`
`(New) The method of Claim 61, wherein the selecting step further-
`
`comprises determining whether an aggregate size of plural
`
`identical|y—sized files
`
`exceeds a predetermined threshold.
`
`63.
`
`(New) The method of Claim 59, further comprising selecting the file from
`
`a plurality of files stored in the computer storage medium, based on whether content of
`
`the file matches a file type indicated by a name of the file.
`
`LA2:764029.1
`
`
`
`Preliminary Amendment
`June 3, 2005
`Page 4 of 8
`
`64.
`
`(New) The method of Claim 59, further comprising selecting the file from
`
`a plurality of files stored in the computer storage medium, based on whether the file
`
`comprises data beyond an end of data markerfor the file.
`
`65.
`
`(New) The method of Claim 59, wherein the processing step comprises
`
`using the algorithm, wherein the algorithm is configured for generating a checksum.
`
`66.
`
`(New) The method of 65, wherein the processing step comprises using the
`
`algorithm, wherein the algorithm is configured for generating a first checksum
`
`corresponding to a first portion of said stored file and- a second checksum
`
`corresponding to a second portion of said stored file.
`
`67.
`
`(New) The method of 65, wherein the processing step comprises using the
`
`algorithm, wherein the algorithm is configured for generating a first‘ checksum
`
`corresponding to a first portion of said stored file and a second checksum
`
`corresponding to a larger portion of said stored file that includes the first portion.
`
`68.
`
`(New) The method of 65, wherein the processing step comprises using the
`
`algorithm, wherein the algorithm is configured for generating the checksum for graphics
`
`files based on vector graphics analysis.
`
`69.
`
`(New) The method of 65, wherein the processing step comprises using the
`
`algorithm, wherein the algorithm is configured for dividing a graphical image file into
`
`blocks and comparing relationships between the blocks.
`
`70.
`
`(New) The method of Claim 59, further comprising processing a plurality of
`
`known unauthorized files to generate the plurality of identification values.
`
`71.
`
`(New) The method of Claim 59,
`
`further comprising presenting the
`
`identified unauthorized file for human review prior to disposing of it.
`
`72.
`
`(New) The method of Claim 59, further comprising automatically notifying
`
`a third party that the file has been identified.
`
`LA2:764029.1
`
`
`
`Preliminary Amendment
`June 3, 2005
`Page 5 of 8
`
`73.
`
`(New) The method of Claim 59, further comprising deleting the identified
`
`unauthorized file from the computer storage medium.
`
`74.
`
`(New) A computer system, comprising:
`
`a server having a memory connectedthereto, said sewer being adapted ‘to be
`
`connected to a network to permit remote storage and retrieval of data files from said
`
`A memory; and
`a file identification application operative with said server to identify unauthorized
`
`files stored in said memory, said file identification application providing the functions of:
`
`processing a’ file from the memory using an algorithm to generate an
`
`identification value determined by processing contents of the file using the
`
`algorithm;
`
`comparing the identification value to each of a plurality of identification A
`
`values each associated with one of a plurality of unauthorized files, wherein each '
`
`of the plurality of unauthorized files is substantially free from infection. with a
`
`computer virus; and
`
`characterizing the file as an identified unauthorized" file if the identification
`
`value matches one of the plurality of identification values.
`
`75.
`
`' (New) The system of Claim 74, wherein the application further comprises
`
`the function of selecting the file from one of a plurality of sequentially-ordered files in a
`
`directory of the computer storage medium.
`
`76.
`
`‘(New) The system of Claim 74, wherein the application further comprises
`
`the function of selecting the file from a plurality of files stored in the computer storage
`
`medium, based on size of the file. '
`
`77.
`
`(New) The system of Claim 74, wherein the application further comprises
`
`the function of determining whether an aggregate size of plural identically-sized files
`
`exceeds a predetermined threshold.
`
`LA2:764029.1
`
`
`
`Preliminary Amendment
`June 3, 2005
`Page 6 of 8
`
`78.
`
`(New) The system of Claim 74, wherein the application further comprises
`
`the function of selecting the file from a plurality of files stored in the computer storage
`
`medium, based on whether content of the file matches a file type indicated by a name of
`
`the file.
`
`79.
`
`(New) The system of Claim 74, wherein» the application further comprises
`
`the function of selecting the file from a plurality of files stored in the computer storage
`
`medium, based on whether the file comprises data beyond an end of data marker for
`
`the file.
`
`80.
`
`(New)
`
`The system of Claim 74, wherein the processing function
`
`comprises using the algorithm; wherein the algorithm is configured for generating. a
`
`checksum.
`
`81.
`
`(New) The system of Claim 80, wherein the processing function comprises
`
`using the algorithm, wherein the algorithm is configured for generating a first checksum
`
`corresponding to a first portion of said stored file and a second checksum
`
`corresponding to a second portion of said stored file.
`
`82.
`
`(New) The system of Claim 80, wherein the processing function comprises
`
`using the algorithm, wherein the algorithm is configured for generating a first checksum
`
`corresponding to a first portion of said stored file and a second checksum
`
`corresponding to a larger portion of said stored file that includes the first portion.
`
`83.
`
`(New) The system of Claim 80, wherein the processing function comprises
`
`using the algorithm, wherein the algorithm is configured for generating the checksum for
`
`graphics files based on vector graphics analysis.
`
`84.
`
`(New) The system of Claim 80, wherein the processing function comprises
`
`using the algorithm, wherein the algorithm is configured for dividing a graphical image
`
`file into blocks and comparing relationships between the blocks.
`
`LA2:764029.1
`
`
`
`Preliminary Amendment
`June 3, 2005
`Page 7 of 8
`
`85.
`(New) The system of Claim 74, wherein the application further comprises
`the function of processing a plurality of known unauthorized files to generate the
`
`plurality of identification values.
`
`86.
`
`(New) The system of Claim 74, wherein the application further comprises
`
`the function of presenting the identified unauthorized file for human review prior to
`
`disposing of it.
`
`.87.
`
`(New) The system of Claim 74, wherein the application further comprises
`
`the function of automatically notifying a third party that the file has been identified.
`
`88.
`
`(New) The system of Claim 74, wherein the application further comprises
`
`the function of deleting the identified unauthorized file from the computer storage
`
`medium.
`
`LA2:764029.1
`
`
`
`Preliminary Amendment
`June 3, 2005 ‘
`Page 8 of 8
`
`REMARKS
`
`Claims 59-88 are pending in this application, with Claims 1-58 cancelled and
`
`Claims 59-88 added by this amendment. The specification has been amended to refer
`
`to the parent of the present application. By these amendments, no new matter has
`
`been added. The Applicant respectfully requests entry of the foregoing amendments,
`
`and examination on the merits of Claims 59-88.
`
`While Applicant believes that no fees are due in connection with the filing of this
`
`paper,
`
`the Commissioner is authorized to charge any shortage in fees,
`
`including
`
`‘extension of time fees, to Deposit Account No. 50-0639.
`
`Respectfully submitted,
`
`Brian M. Berliner
`
`Attorney’ for Applicant
`Registration No. 34,549
`
`Date: June 3, 2005
`
`, O’MELVENY & MYERS LLP
`
`400 So. Hope Street
`Los Angeles, CA 90071-2899
`Telephone: 213-430-6000
`
`LA2:764029.1 V
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