`
`REEXAMINATION CONTROL NO.: 90/013,017
`ATTORNEY DOCKET NO.: FINREXM0006
`
`In re Ex Parte Reexamination of U.S. Patent No.
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`: Confirmation No.:
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`6388
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`7,058,822 to Edery, et al.
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`Control Number: 90/013,017
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`Patent No.:
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`7,058,822
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`: Group Art Unit:
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`3992
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`Inventors:
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`Edery et a1’
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`: Examiner:
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`Proctor, Jason Scott
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`Issued:
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`_
`Title:
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`June 6, 2006
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`MALICIOUS MOBILE
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`CODE RUNTIME
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`MONITORING SYSTEM
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`AND METHODS
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`: Attorney Docket No.: FINREXM0006
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`Mail Stop PETITION
`Commissioner for Patents
`P.O. Box 1450
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`Alexandria, VA 223 l3-l450
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`PETITION TO ACCEPT UNINTENTIONALLY DELAYED PRIORITY CLAIM
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`UNDER 37 C.F.R.
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`1.78
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`Dear Sir:
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`Patent Owner hereby petitions under 37 C.F.R. § l.78(a) to request acceptance of an
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`unintentionally delayed corrected benefit claim under 35 U.S.C. § 120 for the benefit of prior-
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`filed nonprovisional applications, for a utility patent application filed after November 29, 2000.
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`U.S. Patent No. 7,058,822 (“the ‘822 patent”) is presently the subject of Ex Parte
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`Reexamination, Ser. No. 90/013,017, filed October 7, 2013.
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`1. Authority
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`37 C.F.R. § l.78(a)(3) and MPEP § 2258 (IV)(E) (Claiming Foreign and Domestic Priority in
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`Reexamination) allow the filling of a petition to correct a failure to adequately claim the benefit
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`
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`REEXAMINATION CONTROL NO.: 90/013,017
`ATTORNEY DOCKET NO.: FINREXM0006
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`under 35 U.S.C. § 120. A petition to accept the priority claim and referenced required under 35
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`U.S.C. § 120 and 37 C.F.R. § l.78(a)(2) and (a)(3) made after four months from the filing date or
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`sixteen months from the filing date of the priority application may be accepted if the reference
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`was unintentionally delayed. Furthermore, a petition to accept an unintentionally delayed claim
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`under 35 U.S.C. § 120 for the benefit of a prior filed application must be accompanied by:
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`(1)
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`(2)
`
`(3)
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`the reference required by 35 U.S.C. § 120 and 37 C.F.R. § l.78(a)(2);
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`a surcharge payment as set forth in 37 C.F.R. § l.l7(m); and
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`a statement that the entire delay between the date the was due under 37 C.F.R. §
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`l.78(a)(2)(ii) and the date the claim was filed was unintentional.
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`11.
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`Reference
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`The present petition is accompanied by an Amendment to correct the language of the benefit
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`claim recited in the first paragraph of the specification filed in a response to Non-Final Office
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`Action. For the Petitions Office’s convenience the amendment is reproduced below:
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`This application claims benefit and hereby incorporates by reference provisional
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`application Ser. No. 60/205,591, entitled “Computer Network Malicious Code Run-time
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`Monitoring,” filed on May 17, 2000 by inventors Nimrod Itzhak Vered, et al. This
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`application is also a Continuation-In-Part of and hereby incorporates by reference patent
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`application Ser. No. 09/539,667, now U.S. Pat. No. 6,804,780, entitled “System and
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`Method for Protecting a Computer and Network From Hostile Downloadables” filed on
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`Mar. 30, 2000 by inventor Shlomo Touboul, which is a continuation of U.S. patent
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`application Ser. No. 08/964,388, now U.S. Patent No. 6,092,194, entitled "System and
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`Method for Protecting a Computer and a Network from Hostile Downloadables" filed on
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`November 6, 1997 by inventor Shlomo Touboul. This application is also a Continuation-
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`In-Part of and hereby incorporates by reference patent application Ser. No. 09/551,302,
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`now U.S. Pat. No. 6,480,962 entitled “System and Method for Protecting a Client During
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`
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`REEXAMINATION CONTROL NO.: 90/013,017
`ATTORNEY DOCKET NO.: FINREXM0006
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`Runtime From Hostile Downloadables”, filed on Apr. 18, 2000 by inventor Shlomo
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`Touboul, which is a continuation of U.S. application Ser. No. 08/790,097, now U.S.
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`Patent No. 6,l67,520 entitled "System and Method For Protecting a Client From Hostile
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`Downloadables", filed Januapy 29, 1997 by inventor Shlomo Touboul.
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`III.
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`Surcharge
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`The present petition is also accompanied by authorization to charge the requisite fee under 37
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`C.F.R. § l.l7(m).
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`IV.
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`Unintentional Delay
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`The entire delay between the date a correctly worded benefit claim was due under paragraph
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`(a)(5)(ii) of 37 C.F.R. § 1.78 and the date the correctly worded benefit claim was filed was
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`unintentional.
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`Dated: March 6, 2014
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`Respectfully submitted,
`
`/Dawn-Marie Bey — 44,442/
`Dawn-Marie Bey
`Registration No.: 44,442
`
`Bey & Cotropia PLLC
`2l3 Bayly Court
`Richmond, VA 23229
`(850) 441-8530
`Attorneys for Finj an, Inc.