What the patent claims

Claim 1 selects computer systems to scan, applies an interrogation program that can exploit a known software vulnerability, and, if the exploit succeeds, generates management information identifying the system and sends it over the network. The interrogation program also remediates the vulnerability.

What we found

Core SDI’s US 7,228,566 (priority July 2001) is a penetration-testing system whose agents run system calls and scripts on target hosts: exploitation of vulnerabilities from a testing system.

Internet Security Systems’ US 7,178,166 (priority September 2000) delivers a scanner to the workstation that assesses vulnerabilities and repairs the ones it finds.

McAfee’s US 7,549,168 (2001) drives remote agents that run risk-assessment modules on selected machines, and Cisco’s US 6,324,656 (1998) describes rule-driven network vulnerability assessment.

None of the four appears in the ’497 citation record.

Why it matters to the defendant

No single reference has all three steps, but the pieces were each patented one to two years before the 2002 priority date: Core SDI for exploitation, ISS for repair, and McAfee for remote agents on selected systems. That is the outline of an obviousness case. Rapid7 sells vulnerability-management and penetration-testing tools, so its own product history from that period may add evidence that patent literature cannot.

The answer in Patent Mechanics

The search as it appears in the app, abridged.

app.patentmechanics.com
Flash Uplink ’497 prior artUSGlobalExport
Find prior art for claim 1 of US 8,230,497 (exploit-based vulnerability scanning with remediation) before November 2002 that is not in its citation record.
Read claim 1 · 5 elementsSearched US patents before 2002-11-04Checked family citationsBuilt combinations
No single reference has every step. Core SDI plus ISS covers exploitation and repair; both are uncited.
ReferenceAssigneePriorityCitation recordFit
US 7,228,566Core SDI2001Not citedStrong
US 7,178,166Internet Security Systems2000Not citedPartial
US 7,549,168McAfee2001Not citedPartial
Claim 1 vs. references
ElementClaim language (abridged)’566’166
1[a]Select computer systems to scan✓✓
1[b]Interrogation program exploits a known vulnerability✓–
1[c]Generate and send management information??
1[d]Remediate the vulnerability–✓
An obviousness combination: Core SDI for 1[b], ISS for 1[d]. Next step: a stated reason to combine.
Ask a follow-up…

References

ReferenceTitlePriorityCoversGaps
US 7,228,566Automated computer system security compromise (Core SDI)2001-07-10Agent-based exploitation of target hosts over the networkNo remediation or management-information report in the claims
US 7,178,166Vulnerability assessment and authentication by a local scanner (ISS)2000-09-19Scanner assesses vulnerabilities and repairs themChecks rather than exploits
US 7,549,168Network-based risk assessment of local vulnerabilities (McAfee)2001-06-29Remote commands run assessment agents on selected computersNo exploitation or repair in the claims

Limits of this analysis

  • First-pass reading of claims and abstracts; a motivation to combine the references still has to be shown.
  • Commercial scanners and penetration-testing tools from 2000 to 2002 are likely strong non-patent prior art and are outside this search.

“Not cited” means the reference does not appear in the examiner or applicant citations of the patent or its family in our index. This article is research, not legal advice, and makes no finding that any claim is invalid.

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