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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`REEXAMINATION CONTROL NO.: 90/013,017
`ATTORNEY DOCKET NO.: FINREXM0006
`
`In re Ex Parte Reexamination of U.S. Patent No.
`
`: Confirmation No.:
`
`6388
`
`7,058,822 to Edery, et al.
`
`Control Number: 90/013,017
`
`Patent No.:
`
`7,058,822
`
`: Group Art Unit:
`
`3992
`
`Inventors:
`
`Edery et a1’
`
`: Examiner:
`
`Proctor, Jason Scott
`
`Issued:
`
`_
`Title:
`
`June 6, 2006
`
`MALICIOUS MOBILE
`
`CODE RUNTIME
`
`MONITORING SYSTEM
`
`AND METHODS
`
`: Attorney Docket No.: FINREXM0006
`
`Mail Stop PETITION
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 223 l3-l450
`
`PETITION TO ACCEPT UNINTENTIONALLY DELAYED PRIORITY CLAIM
`
`UNDER 37 C.F.R.
`
`1.78
`
`Dear Sir:
`
`Patent Owner hereby petitions under 37 C.F.R. § l.78(a) to request acceptance of an
`
`unintentionally delayed corrected benefit claim under 35 U.S.C. § 120 for the benefit of prior-
`
`filed nonprovisional applications, for a utility patent application filed after November 29, 2000.
`
`U.S. Patent No. 7,058,822 (“the ‘822 patent”) is presently the subject of Ex Parte
`
`Reexamination, Ser. No. 90/013,017, filed October 7, 2013.
`
`1. Authority
`
`37 C.F.R. § l.78(a)(3) and MPEP § 2258 (IV)(E) (Claiming Foreign and Domestic Priority in
`
`Reexamination) allow the filling of a petition to correct a failure to adequately claim the benefit
`
`

`
`REEXAMINATION CONTROL NO.: 90/013,017
`ATTORNEY DOCKET NO.: FINREXM0006
`
`under 35 U.S.C. § 120. A petition to accept the priority claim and referenced required under 35
`
`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
`
`sixteen months from the filing date of the priority application may be accepted if the reference
`
`was unintentionally delayed. Furthermore, a petition to accept an unintentionally delayed claim
`
`under 35 U.S.C. § 120 for the benefit of a prior filed application must be accompanied by:
`
`(1)
`
`(2)
`
`(3)
`
`the reference required by 35 U.S.C. § 120 and 37 C.F.R. § l.78(a)(2);
`
`a surcharge payment as set forth in 37 C.F.R. § l.l7(m); and
`
`a statement that the entire delay between the date the was due under 37 C.F.R. §
`
`l.78(a)(2)(ii) and the date the claim was filed was unintentional.
`
`11.
`
`Reference
`
`The present petition is accompanied by an Amendment to correct the language of the benefit
`
`claim recited in the first paragraph of the specification filed in a response to Non-Final Office
`
`Action. For the Petitions Office’s convenience the amendment is reproduced below:
`
`This application claims benefit and hereby incorporates by reference provisional
`
`application Ser. No. 60/205,591, entitled “Computer Network Malicious Code Run-time
`
`Monitoring,” filed on May 17, 2000 by inventors Nimrod Itzhak Vered, et al. This
`
`application is also a Continuation-In-Part of and hereby incorporates by reference patent
`
`application Ser. No. 09/539,667, now U.S. Pat. No. 6,804,780, entitled “System and
`
`Method for Protecting a Computer and Network From Hostile Downloadables” filed on
`
`Mar. 30, 2000 by inventor Shlomo Touboul, which is a continuation of U.S. patent
`
`application Ser. No. 08/964,388, now U.S. Patent No. 6,092,194, entitled "System and
`
`Method for Protecting a Computer and a Network from Hostile Downloadables" filed on
`
`November 6, 1997 by inventor Shlomo Touboul. This application is also a Continuation-
`
`In-Part of and hereby incorporates by reference patent application Ser. No. 09/551,302,
`
`now U.S. Pat. No. 6,480,962 entitled “System and Method for Protecting a Client During
`
`

`
`REEXAMINATION CONTROL NO.: 90/013,017
`ATTORNEY DOCKET NO.: FINREXM0006
`
`Runtime From Hostile Downloadables”, filed on Apr. 18, 2000 by inventor Shlomo
`
`Touboul, which is a continuation of U.S. application Ser. No. 08/790,097, now U.S.
`
`Patent No. 6,l67,520 entitled "System and Method For Protecting a Client From Hostile
`
`Downloadables", filed Januapy 29, 1997 by inventor Shlomo Touboul.
`
`III.
`
`Surcharge
`
`The present petition is also accompanied by authorization to charge the requisite fee under 37
`
`C.F.R. § l.l7(m).
`
`IV.
`
`Unintentional Delay
`
`The entire delay between the date a correctly worded benefit claim was due under paragraph
`
`(a)(5)(ii) of 37 C.F.R. § 1.78 and the date the correctly worded benefit claim was filed was
`
`unintentional.
`
`Dated: March 6, 2014
`
`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.

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