Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of Claims
Claims 1-20 are subject to examination.
Priority
The claim for domestic priorities as claimed in this application under 35 U.S.C. 119(e) is acknowledged.
This application is a CIP of 17/366,754 07/02/2021 PAT 11416109
17/366,754 is a CIP of 16/925,628 07/10/2020 PAT 11057356
16/925,628 is a CIP of 16/863,226 04/30/2020 PAT 10944725
16/863,226 is a CIP of 16/565,265 09/09/2019 PAT 10708305
16/565,265 is a CIP of 16/277,539 02/15/2019 PAT 10509920
16/277,539 is a CIP of 16/159,566 10/12/2018 PAT 10454973
16/159,566 has PRO 62/728,435 09/07/2018
16/565,265 has PRO 62/728,437 09/07/2018
16/159,566 is a CIP of 16/055,083 08/04/2018 PAT 10289870
16/055,083 is a CIP of 15/996,208 06/01/2018 PAT 10181051
16/277,539 has PRO 62/631,703 02/17/2018
16/277,539 has PRO 62/631,684 02/17/2018
15/996,208 is a CIP of 15/853,674 12/22/2017 PAT 10019597
16/159,566 has PRO 62/572,096 10/13/2017
16/055,083 has PRO 62/547,530 08/18/2017
15/853,674 has PRO 62/541,613 08/04/2017
15/996,208 has PRO 62/537,839 07/27/2017
15/853,674 is a CIP of 15/619,455 06/10/2017 PAT 9851966
15/619,455 is a CIP of 15/254,901 09/01/2016 PAT 9729583
15/254,901 has PRO 62/360,123 07/08/2016
15/254,901 has PRO 62/353,802 06/23/2016
15/254,901 has PRO 62/348,695 06/10/2016
The combination of claimed subject matter,
determining, by the computing hardware and based on the type of data, at least one of an encryption level implemented on the first data asset, a storage time limitation implemented on the first data asset, or a data access restriction implemented on the first data asset; identifying, by the computing hardware and based on the first data map, a second data asset that is communicatively connected to the first data asset; determining, by the computing hardware and based on a second data map associated with the second data asset, that the second data asset is configured to implement at least one of the encryption level, the storage time limitation, or the data access restriction; and responsive to determining that the second data asset is configured to implement at least one of the encryption level, the storage time limitation, or the data access restriction, causing, by the computing hardware, a transfer of the data stored at the first data asset to the second data asset, etc.,
are not disclosed in below applications:
17/366,754 07/02/2021 PAT 11416109
17/366,754 is a CIP of 16/925,628 07/10/2020 PAT 11057356
16/925,628 is a CIP of 16/863,226 04/30/2020 PAT 10944725
16/863,226 is a CIP of 16/565,265 09/09/2019 PAT 10708305
16/565,265 is a CIP of 16/277,539 02/15/2019 PAT 10509920
16/277,539 is a CIP of 16/159,566 10/12/2018 PAT 10454973
16/159,566 has PRO 62/728,435 09/07/2018
16/565,265 has PRO 62/728,437 09/07/2018
16/159,566 is a CIP of 16/055,083 08/04/2018 PAT 10289870
16/055,083 is a CIP of 15/996,208 06/01/2018 PAT 10181051
16/277,539 has PRO 62/631,703 02/17/2018
16/277,539 has PRO 62/631,684 02/17/2018
15/996,208 is a CIP of 15/853,674 12/22/2017 PAT 10019597
16/159,566 has PRO 62/572,096 10/13/2017
16/055,083 has PRO 62/547,530 08/18/2017
15/853,674 has PRO 62/541,613 08/04/2017
15/996,208 has PRO 62/537,839 07/27/2017
15/853,674 is a CIP of 15/619,455 06/10/2017 PAT 9851966
15/619,455 is a CIP of 15/254,901 09/01/2016 PAT 9729583
15/254,901 has PRO 62/360,123 07/08/2016
15/254,901 has PRO 62/353,802 06/23/2016
15/254,901 has PRO 62/348,695 06/10/2016
hence, the earliest effective date for this application is 08/15/2022.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
The claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6, 7, 13, 15-17, 18 of Barday et al, U.S. Patent No. 10454973 in view of Moore et al., 9727429.
Below is a comparison of limitations of claims 1-20, of this application versus the claims 6, 7, 13, 15-17, 18 of Barday et al, Patent No. 10454973.
Claims of the Patent 10454973
Claims of this application
Claim 6 A computer-implemented data processing method for generating a visualization of one or more data transfers between one or more data assets, the method comprising: identifying one or more data assets associated with a particular entity; analyzing the one or more data assets to identify one or more data elements stored in the identified one or more data assets; defining a plurality of physical locations and identifying, for each of the identified one or more data assets, a respective particular physical location of the plurality of physical locations; analyzing the identified one or more data elements to determine one or more data transfers between the one or more data systems in different particular physical locations; determining one or more regulations that relate to the one or more data transfers; generating a visual representation of the one or more data transfers based at least in part on the one or more regulations; and using at least one data model to identify the one or more data elements stored in the one or more identified data assets, the data model comprising: a respective digital inventory for each of the one or more data assets, each respective digital inventory comprising one or more inventory attributes selected from the group consisting of: one or more processing activities associated with each respective data asset; transfer data associated with each respective data asset; and one or more pieces of personal data associated with each respective data asset; and a data map identifying one or more electronic associations between at least two of the one or more data assets, wherein the method further comprises: receiving an attribute value for a particular inventory attribute of the one or more inventory attributes; modifying the respective digital inventory into a modified digital inventory that includes the attribute value; and storing the modified digital inventory as part of the data model, wherein the one or more data elements comprise the one or more inventory attributes, wherein determining one or more regulations that relate to the one or more data transfers comprises analyzing the transfer data associated with each respective data asset to identify the one or more regulations, wherein the one or more regulations comprise one or more transfer restrictions, wherein: the one or more data transfers comprise a first transfer from a first data asset in a first location to a second data asset in a second location; the one or more inventory attributes associated with the first data asset comprise one or more first data storage attributes; and the one or more inventory attributes associated with the second data asset comprise one or more second data storage attributes, wherein: the one or more transfer restrictions comprise a first transfer restriction related to the first transfer; and the first transfer restriction comprises a restriction that the one or more second data storage attributes comprise one or more second data security restrictions that are at least as stringent as one or more first data security restrictions associated with the one or more first data storage attributes.
7. The computer-implemented data processing of claim 5, wherein: the one or more regulations comprise a first regulation related to the first transfer; and the first regulation comprises a regulation based at least in part on one or more regulations selected from the group consisting of: one or more binding corporate rules; a privacy shield; a safe harbor regulation; and one or more contract provisions.
13. A computer-implemented data processing method for generating a visualization of one or more data transfers between one or more data assets, the method comprising: identifying one or more data assets associated with a particular entity; analyzing the one or more data assets to identify one or more data elements stored in the identified one or more data assets; defining a plurality of physical locations and identifying, for each of the identified one or more data assets, a respective particular physical location of the plurality of physical locations; analyzing the identified one or more data elements to determine one or more data transfers between the one or more data systems in different particular physical locations; determining one or more regulations that relate to the one or more data transfers; generating a visual representation of the one or more data transfers based at least in pan on the one or more regulations; generating a visual representation of a map comprising the plurality of physical locations; superimposing an indicia for each of the one or more data assets that indicates the respective particular physical location of the plurality of physical locations for each of the one or more data assets; and generating a visual indication of the one or more data transfers between the one or more data assets, wherein generating the visual representation of the one or more data transfers further comprises: modifying the visual representation such that each visual indication of the one or more data transfers is color coded based at least in part on the one or more regulations, wherein identifying the one or more data elements comprises analyzing the one or more data assets using one or more intelligent identity scanning techniques, wherein the one or more intelligent identity scanning techniques comprise: scanning one or more databases to generate a catalog of one or more individuals and one or more pieces of personal information associated with the one or more individuals; scanning one or more data repositories based at least in part on the generated catalog to identify one or more attributes of data associated with the one or more individuals; analyzing and correlating the one or more attributes and metadata for the scanned one or more data repositories; using one or more machine learning techniques to categorize one or more data elements from the generated catalog; analyzing a flow of the data elements among the one or more data repositories; categorizing the one or more data elements based on a confidence score; receiving input from one or more users confirming or denying a categorization of the one or more data elements; and in response to receiving the input, modifying the confidence score, providing a software application for installation on a computing device that is networked with one or more data repositories associated with an organization; and providing a communication channel between one or more remote scanning servers and the software application, wherein: the software application is configured to communicate with the one or more remote scanning servers via a firewall; and the software application is configured to transmit the one or more attributes of data associated with the one or more individuals to the one or more remote scanning servers, wherein: the step of categorizing the one or more data elements is performed by the one or more remote scanning servers.
15. A computer-implemented data processing method for assessing a risk associated with one or more data transfers between one or more data assets, the method comprising: creating a data transfer record for a transfer of data between a first asset in a first location and a second asset in a second location; accessing a set of data transfer rules that are associated with the data transfer record; performing a data transfer assessment based at least in part on applying the set of data transfer rules on the data transfer record; identifying one or more data transfer risks associated with the data transfer record, based at least in part on the data transfer assessment; calculating a risk score for the data transfer based at least in part on the one or more data transfer risks associated with the data transfer record; and digitally storing the risk score for the data transfer; comparing the risk score for the data transfer to a threshold risk score; determining that the risk score for the data transfer is greater than the threshold risk score; and in response to determining that the risk score for the data transfer is greater than the threshold risk score, terminating the data transfer, processing the data transfer between the first asset in the first location and the second asset in the second location.
16. The computer-implemented data processing method of claim 14, wherein the data transfer risks comprise at least one data transfer risk selected from a group consisting of: a source location of the data transfer; a destination location of the data transfer; a type of data being transferred; a time of the data transfer; and an amount of data being transferred.
17. The computer-implemented data processing method of claim 14, wherein processing the data transfer comprises: generating a secure link between one or more processors associated with the first asset in the first location and a computing device associated with the second asset in the second location; transferring, via the secure link, the data of the data transfer between the first asset in the first location and the computing device associated with the second asset in the second location; and digitally storing the data of the data transfer at the computing device associated with the second asset in the second location.
18. A computer-implemented data processing method for assessing a risk associated with one or more data transfers between one or more data assets, the method comprising: creating a data transfer record for a transfer of data between a first asset in a first location and a second asset in a second location; accessing a set of data transfer rules that are associated with the data transfer record; performing a data transfer assessment based at least in part on applying the set of data transfer rules on the data transfer record; identifying one or more data transfer risks associated with the data transfer record, based at least in part on the data transfer assessment; calculating a risk score for the data transfer based at least in part on the one or more data transfer risks associated with the data transfer record; digitally storing the risk score for the data transfer; comparing the risk score for the data transfer to a threshold risk score; determining that the risk score for the data transfer is less than the threshold risk score; and in response to determining that the risk score for the data transfer is less than the threshold risk score, processing the data transfer between the first asset in the first location and the second asset in the second location.
1. A method comprising:
detecting, by computing hardware, a request to transfer data stored at a first data asset;
determining, by the computing hardware and based on a data element in a first data map
associated with the first data asset, a type of data stored at the first data asset;
determining, by the computing hardware and based on the type of data, at least one of an
encryption level implemented on the first data asset, a storage time limitation implemented on the
first data asset, or a data access restriction implemented on the first data asset;
identifying, by the computing hardware and based on the first data map, a second data asset
that is communicatively connected to the first data asset;
determining, by the computing hardware and based on a second data map associated with
the second data asset, that the second data asset is configured to implement at least one of the
encryption level, the storage time limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at least one
of the encryption level, the storage time limitation, or the data access restriction, causing, by the
computing hardware, a transfer of the data stored at the first data asset to the second data asset.
2.
The method of Claim 1, wherein the request to transfer the data stored at the first data asset
comprises an indication that a data center in which the first data asset is located has failed or is
anticipated to fail, and causing the transfer of the data is also performed based on the indication.
3.
The method of Claim 1 further comprising:
determining, by the computing hardware, a regulation that is applicable to the transfer of
the data between the first data asset and the second data asset; and
determining, by the computing hardware, that the transfer of the data between the first data
asset and the second data asset satisfies the regulation, wherein causing the transfer of the data is
also performed based on the transfer of the data satisfying the regulation.
4.
The method of Claim 1, wherein identifying the second data asset that is communicatively
connected to the first data asset is further based on a respective physical location of each of the
first data asset and the second data asset.
5.
The method of Claim 1 further comprising modifying, by the computing hardware, the
first data map to identify the second data asset as a failover data asset for the first data asset in an
event of an outage at a data center housing the first data asset.
6.
The method of Claim 1 further comprising:
identifying, by the computing hardware and based on the second data map, a failover data
asset that is communicatively connected to the second data asset;
determining, by the computing hardware and based on a third data map associated with the
failover data asset, that the failover data asset is configured to implement at least one of the
encryption level, the storage time limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying,
by the computing hardware, the second data map to identify the failover data asset as a failover
asset for the second data asset in an event of a failure at a data center associated with the second
data asset.
7.
The method of Claim 1, wherein the first data asset is operated by a first entity and the
second data asset is operated by a second, different entity.
8.
A system comprising:
a non-transitory computer-readable medium storing instructions; and
a processing device communicatively coupled to the non-transitory computer-readable
medium, wherein the processing device is configured to execute the instructions and thereby
perform operations comprising:
receiving an indication of a need to transfer data stored at a first data asset;
determining, based on a data element in a first data map associated with the first
data asset, a type of data stored at the first data asset;
determining, based on the type of data, at least one of an encryption level
implemented on the first data asset, a storage time limitation implemented on the first data
asset, or a data access restriction implemented on the first data asset;
identifying, based on the first data map, a second data asset that is communicatively
connected to the first data asset;
determining, based on a second data map associated with the second data asset, that
the second data asset is configured to implement at least one of the encryption level, the
storage time limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at
least one of the encryption level, the storage time limitation, or the data access restriction,
causing a transfer of the data stored at the first data asset to the second data asset.
9.
The system of Claim 8, wherein the indication identifies that a data center in which the first
data asset is located has failed or is anticipated to fail.
10.
The system of Claim 8, wherein the operations further comprise:
determining a regulation that is applicable to the transfer of the data between the first data
asset and the second data asset; and
determining that the transfer of the data between the first data asset and the second data
asset satisfies the regulation, wherein causing the transfer of the data is also performed based on
the transfer of the data satisfying the regulation.
11.
The system of Claim 8, wherein identifying the second data asset that is communicatively
connected to the first data asset is further based on a respective physical location of each of the
first data asset and the second data asset.
12.
The system of Claim 8, wherein the operations further comprise modifying the first data
map to identify the second data asset as a failover data asset for the first data asset.
13.
The system of Claim 8, wherein the operations further comprise:
identifying, based on the second data map, a failover data asset that is communicatively
connected to the second data asset;
determining, based on a third data map associated with the failover data asset, that the
failover data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying
the second data map to identify the failover data asset as a failover asset for the second data asset.
14.
The system of Claim 8, wherein the first data asset is operated by a first entity and the
second data asset is operated by a second, different entity.
15.
A non-transitory computer-readable medium storing computer-executable instructions
that, when executed by one or more processing devices, configure the one or more processing
devices to perform operations comprising:
receiving an indication to transfer data stored at a first data asset;
determining, based on a data element in a first data map associated with the first data asset,
a type of data stored at the first data asset;
determining, based on the type of data, at least one of an encryption level implemented on
the first data asset, a storage time limitation implemented on the first data asset, or a data access
restriction implemented on the first data asset;
identifying, based on the first data map, a second data asset that is communicatively
connected to the first data asset;
determining, based on a second data map associated with the second data asset, that the
second data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at least one
of the encryption level, the storage time limitation, or the data access restriction, causing a transfer
of the data stored at the first data asset to the second data asset.
16.
The non-transitory computer-readable medium of Claim 15, wherein the indication
identifies that the first data asset is shut down or is anticipated to shut down.
17.
The non-transitory computer-readable medium of Claim 15, wherein the operations further
comprise:
determining a regulation that is applicable to the transfer of the data between the first data
asset and the second data asset; and
determining that the transfer of the data between the first data asset and the second data
asset satisfies the regulation, wherein causing the transfer of the data is also performed based on
the transfer of the data satisfying the regulation.
18.
The non-transitory computer-readable medium of Claim 15, wherein identifying the
second data asset that is communicatively connected to the first data asset is further based on a
respective physical location of each of the first data asset and the second data asset.
19.
The non-transitory computer-readable medium of Claim 15, wherein the operations
further comprise modifying the first data map to identify the second data asset as a failover data
asset for the first data asset.
20.
The non-transitory computer-readable medium of Claim 15, wherein the operations further
comprise:
identifying, based on the second data map, a failover data asset that is communicatively
connected to the second data asset;
determining, based on a third data map associated with the failover data asset, that the
failover data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying
the second data map to identify the failover data asset as a failover asset for the second data asset.
The Patent claims do not contain, determining, by the computing hardware and based on a second data map associated with the second data asset, that the second data asset is configured to implement at least one of the encryption level, the storage time limitation, or the data access restriction of claims 1, 8, 15, which Moore et al., 9727429 discloses, for transfer when failover, figures 1-2C., col., 16, lines 6-40. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by the patent claims to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide transferring data. Upon failover of the asset, a replica site would enable another asset that would continue the operation. This would prevent dropping the operation due to the failover of the asset, figures 1-2C., col., 16, lines 6-40.
The dependent claims of the patent of this application are similar to this application claims 2-7, 9-14, 16-20.
The claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of Barday et al, U.S. Patent No. 10509920 in view of Moore et al., 9727429.
Below is a comparison of limitations of claims 1-20, of this application versus the claims 1-19 of Barday et al, Patent No. 10509920.
Claims of the Patent 10509920
Claims of this application
1. A data subject access request processing system comprising: one or more data subject access request management servers; a plurality of local storage nodes, each of the plurality of local storage nodes being physically located in a distinct geographic location; one or more processors; and memory, wherein the one or more processors are configured for: receiving, from a remote computing device, at the one or more data subject access request management servers, a data subject access request for a data subject, the request comprising one or more request parameters; identifying, based at least in part on the data subject access request, a particular local storage node of the plurality of local storage nodes; routing the data subject access request from the one or more data subject access request management servers to the particular local storage node; processing the request at the particular local storage node by identifying one or more pieces of personal data associated with the data subject, the one or more pieces of personal data being stored in one or more data repositories associated with a particular organization; and taking one or more actions based at least in part on the data subject access request, the one or more actions including one or more actions related to the one or more pieces of personal data; wherein taking the one or more actions comprises executing one or more steps related to the one or more actions at the particular local storage node.
2. The data subject access request processing system of claim 1, wherein: the one or more actions are selected from the group consisting of: deleting the one or more pieces of personal data from the one or more data repositories; modifying at least one of the one or more pieces of personal data and storing the modified at least one of the one or more pieces of personal data in the one or more data repositories; and generating a report comprising the one or more pieces of personal data and providing the report to the data subject.
3. The data subject access request processing system of claim 2, wherein: the one or more actions comprise generating the report; and the one or more processors are further configured for at least temporarily storing the one or more pieces of personal data at the particular local storage node.
4. The data subject access request processing system of claim 2, wherein: the one or more actions comprise generating the report; and the one or more processors are further configured for transmitting the one or more pieces of personal data to a data store associated with the particular organization.
5. The data subject access request processing system of claim 1, wherein the metadata comprises an indication of fulfillment of the data subject access request.
6. The data subject access request processing system of claim 1, wherein the one or more data retention rules are selected from the group consisting of: (1) one or more rules relating to maintaining the one or more pieces of personal data in storage until the data is viewed by the data subject; (2) one or more rules relating to maintaining the one or more pieces of personal data for no more than a particular amount of time; (3) one or more rules based on the data subject; and (4) one or more legal or industry requirements related to storage of personal data.
7. The data subject access request processing system of claim 1, wherein: identifying, based at least in part on the data subject access request, the particular local storage node of the plurality of local storage nodes comprises: determining a location of the remote computing device based at least in part on an IP address of the remote computing device; identifying a particular defined geographic boundary that comprise the location; and identifying the particular local storage node of the plurality of local storage nodes by identifying at least one local storage node of the plurality local storage nodes that is physically located within the defined geographic boundary.
8. The data subject access request processing system of claim 7, wherein the defined geographic boundary is selected from the group consisting of: a particular jurisdiction; and a particular country.
9. A computer-implemented data processing method for processing a data subject within a data system in order to fulfill a data subject access request, the method comprising: receiving, by one or more processors, from a data subject, a data subject access request; identifying, based at least in part on the data subject access request, a particular local storage node of a plurality of local storage nodes; routing the data subject access request to the particular local storage node; processing the data subject access request at the local storage node by identifying the one or more pieces of personal data associated with the data subject, wherein identifying the one or more pieces of personal data associated with the data subject comprises scanning one or more data inventories stored within a data system for the one or more pieces of personal data; in response to identifying the one or more pieces of personal data, at least temporarily storing the one or more pieces of personal data at the local storage node; and executing one or more steps related to providing access, to the data subject, to the one or more pieces of data at the local storage node.
10. The computer-implemented data processing method of claim 9, wherein providing access to the data subject comprises transmitting a link to data subject to the one or more pieces of personal data at the local storage node.
11. The computer-implemented data processing method of claim 9, the method further comprising: determining that the data subject has accessed the one or more pieces of personal data at the local storage node; and in response to determining that the data subject has accessed the one or more pieces of personal data at the local storage node, automatically archiving the one or more pieces of personal data and storing metadata indicating a time of the access by the data subject.
12. The computer-implemented data processing method of claim 9, the method further comprising: determining that a particular time period has expired without the data subject accessing the one or more pieces of personal data; and in response to determining that the particular time period has expired without the data subject accessing the one or more pieces of personal data, automatically archiving the one or more pieces of personal data and storing metadata indicating that the data subject did not access the one or more pieces of personal data prior to the expiration of the time period.
13. A computer-implemented data processing method for identifying one or more pieces of personal data associated with a data subject within a data system in order to fulfill a data subject access request, the method comprising: receiving, by one or more processors, from a data subject, a data subject access request; determining, by one or more processors, based on the data subject access request, a location of the request; routing, by one or more processors, the data subject access request to one or more local storage nodes based at least in part on the location of the request; and processing, by one or more processors at the one or more local storage nodes, the data subject access request by identifying the one or more pieces of personal data associated with the data subject, wherein: identifying the one or more pieces of personal data associated with the data subject comprises accessing one or more data models defining a location of one or more data inventories stored within the data system for the one or more pieces of personal data; and in response to identifying the one or more pieces of personal data, taking one or more actions selected from the group consisting of: deleting the one or more pieces of personal data from the data system; modifying at least one of the one or more pieces of personal data and storing the modified at least one of the one or more pieces of personal data in the data system; and generating a report comprising the one or more pieces of personal data and providing the report to the data subject, wherein taking the one or more actions comprises executing one or more steps related to the one or more actions at the one or more local storage nodes.
14. The computer-implemented data processing method of claim 13, wherein: the one or more actions comprise generating the report comprising the one or more pieces of personal data and providing the report to the data subject; and generating the report comprising the one or more pieces of personal data comprises at least temporarily storing the one or more pieces of personal data at the one or more local storage nodes; and providing access, to the data subject, to the one or more pieces of data at the one or more local storage nodes.
15. The computer-implemented data processing method of claim 14, wherein determining the location of the request comprises determining the location of the request based at least in part on an IP address of the request.
16. The computer-implemented data processing method of claim 14, wherein the one or more actions further comprise deleting at least one instance of the one or more pieces of personal data from the data system.
17. The computer-implemented data processing method of claim 13, wherein routing the data subject access request to the one or more local storage nodes based at least in part on the location of the request comprises: identifying a physical location of the request; identifying the one or more local storage nodes by identifying one or more local storage modes that share the physical location; and routing the data subject access request to the one or more local storage nodes.
18. The computer-implemented data processing method of claim 17, wherein routing the data subject access request to the one or more local storage nodes comprises routing the data subject access request to the one or more local storage nodes such that the data subject access request does not pass through any server that is located in any location other than the physical location.
19. The computer-implemented data processing method of claim 18, wherein the physical location is defined by a location selected from the group consisting of: a particular country; a particular jurisdiction; and a particular geographic area.
1. A method comprising:
detecting, by computing hardware, a request to transfer data stored at a first data asset;
determining, by the computing hardware and based on a data element in a first data map
associated with the first data asset, a type of data stored at the first data asset;
determining, by the computing hardware and based on the type of data, at least one of an
encryption level implemented on the first data asset, a storage time limitation implemented on the
first data asset, or a data access restriction implemented on the first data asset;
identifying, by the computing hardware and based on the first data map, a second data asset
that is communicatively connected to the first data asset;
determining, by the computing hardware and based on a second data map associated with
the second data asset, that the second data asset is configured to implement at least one of the
encryption level, the storage time limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at least one
of the encryption level, the storage time limitation, or the data access restriction, causing, by the
computing hardware, a transfer of the data stored at the first data asset to the second data asset.
2.
The method of Claim 1, wherein the request to transfer the data stored at the first data asset
comprises an indication that a data center in which the first data asset is located has failed or is
anticipated to fail, and causing the transfer of the data is also performed based on the indication.
3.
The method of Claim 1 further comprising:
determining, by the computing hardware, a regulation that is applicable to the transfer of
the data between the first data asset and the second data asset; and
determining, by the computing hardware, that the transfer of the data between the first data
asset and the second data asset satisfies the regulation, wherein causing the transfer of the data is
also performed based on the transfer of the data satisfying the regulation.
4.
The method of Claim 1, wherein identifying the second data asset that is communicatively
connected to the first data asset is further based on a respective physical location of each of the
first data asset and the second data asset.
5.
The method of Claim 1 further comprising modifying, by the computing hardware, the
first data map to identify the second data asset as a failover data asset for the first data asset in an
event of an outage at a data center housing the first data asset.
6.
The method of Claim 1 further comprising:
identifying, by the computing hardware and based on the second data map, a failover data
asset that is communicatively connected to the second data asset;
determining, by the computing hardware and based on a third data map associated with the
failover data asset, that the failover data asset is configured to implement at least one of the
encryption level, the storage time limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying,
by the computing hardware, the second data map to identify the failover data asset as a failover
asset for the second data asset in an event of a failure at a data center associated with the second
data asset.
7.
The method of Claim 1, wherein the first data asset is operated by a first entity and the
second data asset is operated by a second, different entity.
8.
A system comprising:
a non-transitory computer-readable medium storing instructions; and
a processing device communicatively coupled to the non-transitory computer-readable
medium, wherein the processing device is configured to execute the instructions and thereby
perform operations comprising:
receiving an indication of a need to transfer data stored at a first data asset;
determining, based on a data element in a first data map associated with the first
data asset, a type of data stored at the first data asset;
determining, based on the type of data, at least one of an encryption level
implemented on the first data asset, a storage time limitation implemented on the first data
asset, or a data access restriction implemented on the first data asset;
identifying, based on the first data map, a second data asset that is communicatively
connected to the first data asset;
determining, based on a second data map associated with the second data asset, that
the second data asset is configured to implement at least one of the encryption level, the
storage time limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at
least one of the encryption level, the storage time limitation, or the data access restriction,
causing a transfer of the data stored at the first data asset to the second data asset.
9.
The system of Claim 8, wherein the indication identifies that a data center in which the first
data asset is located has failed or is anticipated to fail.
10.
The system of Claim 8, wherein the operations further comprise:
determining a regulation that is applicable to the transfer of the data between the first data
asset and the second data asset; and
determining that the transfer of the data between the first data asset and the second data
asset satisfies the regulation, wherein causing the transfer of the data is also performed based on
the transfer of the data satisfying the regulation.
11.
The system of Claim 8, wherein identifying the second data asset that is communicatively
connected to the first data asset is further based on a respective physical location of each of the
first data asset and the second data asset.
12.
The system of Claim 8, wherein the operations further comprise modifying the first data
map to identify the second data asset as a failover data asset for the first data asset.
13.
The system of Claim 8, wherein the operations further comprise:
identifying, based on the second data map, a failover data asset that is communicatively
connected to the second data asset;
determining, based on a third data map associated with the failover data asset, that the
failover data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying
the second data map to identify the failover data asset as a failover asset for the second data asset.
14.
The system of Claim 8, wherein the first data asset is operated by a first entity and the
second data asset is operated by a second, different entity.
15.
A non-transitory computer-readable medium storing computer-executable instructions
that, when executed by one or more processing devices, configure the one or more processing
devices to perform operations comprising:
receiving an indication to transfer data stored at a first data asset;
determining, based on a data element in a first data map associated with the first data asset,
a type of data stored at the first data asset;
determining, based on the type of data, at least one of an encryption level implemented on
the first data asset, a storage time limitation implemented on the first data asset, or a data access
restriction implemented on the first data asset;
identifying, based on the first data map, a second data asset that is communicatively
connected to the first data asset;
determining, based on a second data map associated with the second data asset, that the
second data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at least one
of the encryption level, the storage time limitation, or the data access restriction, causing a transfer
of the data stored at the first data asset to the second data asset.
16.
The non-transitory computer-readable medium of Claim 15, wherein the indication
identifies that the first data asset is shut down or is anticipated to shut down.
17.
The non-transitory computer-readable medium of Claim 15, wherein the operations further
comprise:
determining a regulation that is applicable to the transfer of the data between the first data
asset and the second data asset; and
determining that the transfer of the data between the first data asset and the second data
asset satisfies the regulation, wherein causing the transfer of the data is also performed based on
the transfer of the data satisfying the regulation.
18.
The non-transitory computer-readable medium of Claim 15, wherein identifying the
second data asset that is communicatively connected to the first data asset is further based on a
respective physical location of each of the first data asset and the second data asset.
19.
The non-transitory computer-readable medium of Claim 15, wherein the operations
further comprise modifying the first data map to identify the second data asset as a failover data
asset for the first data asset.
20.
The non-transitory computer-readable medium of Claim 15, wherein the operations further
comprise:
identifying, based on the second data map, a failover data asset that is communicatively
connected to the second data asset;
determining, based on a third data map associated with the failover data asset, that the
failover data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying
the second data map to identify the failover data asset as a failover asset for the second data asset.
The Patent claims do not contain, determining, by the computing hardware and based on a second data map associated with the second data asset, that the second data asset is configured to implement at least one of the encryption level, the storage time limitation, or the data access restriction of claims 1, 8, 15, which Moore et al., 9727429 discloses, for transfer when failover, figures 1-2C., col., 16, lines 6-40. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by the patent claims to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide transferring data. Upon failover of the asset, a replica site would enable another asset that would continue the operation. This would prevent dropping the operation due to the failover of the asset, figures 1-2C., col., 16, lines 6-40.
The dependent claims of the patent of this application are similar to this application claims 2-7, 9-14, 16-20.
The claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of Barday et al, U.S. Patent No. 10944725 in view of Moore et al., 9727429.
Below is a comparison of limitations of claims 1-20, of this application versus the claims 1-20 of Barday et al, Patent No. 10944725.
Claims of the Patent 10944725
Claims of this application
1. A computer-implemented data processing method for migrating personal data between data centers, the method comprising: receiving, by one or more computer processors, an indication that data stored at a first data asset is to be migrated to a target data asset; at least partially in response to receiving the indication that the data stored at the first data asset is to be migrated to the target data asset: accessing, by one or more processors, a first data model associated with the first data asset and a privacy-related data map, wherein the privacy-related data map identifies one or more electronic associations between the first data asset and a second data asset; accessing, by one or more processors based at least in part on the privacy-related data map, a second data model associated with the second data asset; determining, by one or more processors based at least in part on the first data model associated with the first data asset, that the data stored at the first data asset comprises personal data; determining, by one or more processors based at least in part on the first data model associated with the first data asset, a first regulatory jurisdiction for the first data asset; determining, by one or more processors based at least in part on the second data model associated with the second data asset, a second regulatory jurisdiction for the second data asset; determining, by one or more processors, that the first regulatory jurisdiction for the first data asset is a same regulatory jurisdiction as the second regulatory jurisdiction for the second data asset; and at least partially in response to determining that the first regulatory jurisdiction for the first data asset is the same regulatory jurisdiction as the second regulatory jurisdiction for the second data asset, selecting, by one or more processors based at least in part on the first data model associated with the first data asset, the privacy-related data map, and the determination that the data stored at the first data asset comprises personal data, the second data asset as the target data asset; and initiating, by one or more processors, a transfer of the data stored at the first data asset to the second data asset.
2. The computer-implemented data processing method of claim 1, wherein the first data asset is located in a first data center at a first geographical location, wherein the second data asset is located in a second data center at a second geographical location, and wherein the first geographical location is distinct from the second geographical location.
3. The computer-implemented data processing method of claim 1, wherein receiving the indication that data stored at the first data asset is to be migrated to the target data asset comprises receiving an indication that a data center in which the first data asset is located has failed or is anticipated to fail.
4. The computer-implemented data processing method of claim 1, wherein selecting the second data asset as the target data asset comprises: determining, based at least in part on the first data model associated with the first data asset, that the data stored at the first data asset is subject to one or more regulations associated with data transfers; and determining that the transfer of the data stored at the first data asset to the second data asset complies with the one or more regulations associated with data transfers.
5. The computer-implemented data processing method of claim 1, wherein: the method further comprises determining based at least in part on the first data model associated with the first data asset, regulatory requirements associated with the first data asset; and selecting the second data asset as the target data asset is further based at least in part on the regulatory requirements associated with the first data asset.
6. The computer-implemented data processing method of claim 5, wherein the regulatory requirements associated with the first data asset are associated with a particular geographical location.
7. The computer-implemented data processing method of claim 1, wherein the first data asset comprises a plurality of storage assets managed as a single storage asset.
8. A computer system for migrating personal data between data assets, the system comprising: at least one computer processor; and computer memory storing computer-executable instructions that, when executed by the at least one computer processor, are operable for: detecting, by the at least one computer processor, an indication that a data center in which a first data asset is located has failed or is anticipated to fail; at least partially in response to detecting the indication that the data center in which the first data asset is located has failed or is anticipated to fail, determining, by the at least one computer processor, to migrate data from the first data asset to a target data asset; at least partially in response to determining to migrate the data from the first data asset to the target data asset: accessing, by the at least one computer processor, a first data model associated with the first data asset; determining, by the at least one computer processor using the first data model associated with the first data asset, a first regulatory jurisdiction for the first data asset, wherein the first regulatory jurisdiction comprises one or more regulations associated with data transfers between the first data asset and a second data asset; determining, by the at least one computer processor using the first data model associated with the first data asset, a type of data stored on the first data asset to be transferred to the target data asset; accessing, by the at least one computer processor, a second data model associated with the second data asset; determining, by the at least one computer processor based at least in part on the second data model associated with the second data asset, a second regulatory jurisdiction for the second data asset; determining, by the at least one computer processor, that the first regulatory jurisdiction for the first data asset is a same regulatory jurisdiction as the second regulatory jurisdiction for the second data asset; at least partially in response to determining that the first regulatory jurisdiction for the first data asset is the same regulatory jurisdiction as the second regulatory jurisdiction for the second data asset, selecting, by the at least one computer processor based at least in part on the one or more regulations associated with data transfers between the first data asset and the second data asset and the type of data stored on the first data asset to be transferred to the target data asset, the second data asset as the target data asset; and transferring, by the at least one computer processor, the data from the first data asset to the second data asset.
9. The computer system of claim 8, wherein determining the type of data stored on the first data asset to be transferred to the target data asset comprises using data from a privacy-related data map to determine the type of data stored on the first data asset to be transferred to the target data asset.
10. The computer system of claim 8, wherein determining the type of data stored on the first data asset to be transferred to the target data asset comprises determining that the data stored on the first data asset to be transferred to the target data asset comprises personal data.
11. The computer system of claim 8, wherein determining the first regulatory jurisdiction for the first data asset comprises using data from a privacy-related data map to determine the one or more regulations associated with data transfers between the first data asset and the second data asset.
12. The computer system of claim 11, wherein the privacy-related data map identifies one or more electronic associations between the first data asset and the second data asset within a data model.
13. The computer system of claim 8, wherein the first data asset comprises a plurality of storage assets managed as a single storage asset.
14. The computer system of claim 8, wherein the first data asset is operated by a first entity and the second data asset is operated by a second entity, and wherein the first entity is distinct from the second entity.
15. A non-transitory computer-readable medium storing computer-executable instructions for: receiving, by one or more computer processors, an instruction to migrate data stored at a first data asset to a target data asset; determining, by one or more processors based at least in part on a first data model associated with the first data asset, one or more data elements associated with the first data asset; determining, by one or more processors based at least in part on the first data model associated with the first data asset, one or more respective attributes of each of the one or more data elements associated with the first data asset; determining, by one or more processors based at least in part on the one or more respective attributes of each of the one or more data elements associated with the first data asset, data transfer requirements associated with each of the one or more data elements associated with the first data asset, wherein the data transfer requirements comprise regulatory requirements for a first regulatory jurisdiction in which the first data asset is located; determining, by one or more processors based at least in part on a second data model associated with a second data asset, a second regulatory jurisdiction in which the second data asset is located; determining, by one or more processors, that the first regulatory jurisdiction in which the first data asset is located is a same regulatory jurisdiction as the second regulatory jurisdiction in which the second data asset is located; at least partially in response to determining that the first regulatory jurisdiction in which the first data asset is located is the same regulatory jurisdiction as the second regulatory jurisdiction in which the second data asset is located, selecting, by one or more processors based at least in part on the data transfer requirements associated with each of the one or more data elements associated with the first data asset, the second data asset as the target data asset; and initiating, by one or more processors, a transfer of a subset of the data stored at the first data asset to the second data asset.
16. The non-transitory computer-readable medium of claim 15, wherein determining the one or more respective attributes of each of the one or more data elements associated with the first data asset comprises determining that at least one of the one or more data elements associated with the first data asset is associated with personal data.
17. The non-transitory computer-readable medium of claim 16, wherein determining the data transfer requirements associated with each of the one or more data elements associated with the first data asset comprises determining data transfer requirements associated with personal data.
18. The non-transitory computer-readable medium of claim 17, wherein determining the data transfer requirements associated with personal data comprises: determining one or more regulations associated with data transfers of personal data based at least in part on the regulatory requirements for the first regulatory jurisdiction in which the first data asset is located; and determining that the transfer of the subset of the data stored at the first data asset to the second data asset complies with the one or more regulations associated with data transfers of personal data.
19. The non-transitory computer-readable medium of claim 15, wherein the second data asset is selected as the target data asset further based on a privacy-related data map associated with the first data model associated with the first data asset.
20. The non-transitory computer-readable medium of claim 19, wherein the first data model associated with the first data asset identifies one or more electronic associations between the first data asset and the second data asset.
1. A method comprising:
detecting, by computing hardware, a request to transfer data stored at a first data asset;
determining, by the computing hardware and based on a data element in a first data map
associated with the first data asset, a type of data stored at the first data asset;
determining, by the computing hardware and based on the type of data, at least one of an
encryption level implemented on the first data asset, a storage time limitation implemented on the
first data asset, or a data access restriction implemented on the first data asset;
identifying, by the computing hardware and based on the first data map, a second data asset
that is communicatively connected to the first data asset;
determining, by the computing hardware and based on a second data map associated with
the second data asset, that the second data asset is configured to implement at least one of the
encryption level, the storage time limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at least one
of the encryption level, the storage time limitation, or the data access restriction, causing, by the
computing hardware, a transfer of the data stored at the first data asset to the second data asset.
2.
The method of Claim 1, wherein the request to transfer the data stored at the first data asset
comprises an indication that a data center in which the first data asset is located has failed or is
anticipated to fail, and causing the transfer of the data is also performed based on the indication.
3.
The method of Claim 1 further comprising:
determining, by the computing hardware, a regulation that is applicable to the transfer of
the data between the first data asset and the second data asset; and
determining, by the computing hardware, that the transfer of the data between the first data
asset and the second data asset satisfies the regulation, wherein causing the transfer of the data is
also performed based on the transfer of the data satisfying the regulation.
4.
The method of Claim 1, wherein identifying the second data asset that is communicatively
connected to the first data asset is further based on a respective physical location of each of the
first data asset and the second data asset.
5.
The method of Claim 1 further comprising modifying, by the computing hardware, the
first data map to identify the second data asset as a failover data asset for the first data asset in an
event of an outage at a data center housing the first data asset.
6.
The method of Claim 1 further comprising:
identifying, by the computing hardware and based on the second data map, a failover data
asset that is communicatively connected to the second data asset;
determining, by the computing hardware and based on a third data map associated with the
failover data asset, that the failover data asset is configured to implement at least one of the
encryption level, the storage time limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying,
by the computing hardware, the second data map to identify the failover data asset as a failover
asset for the second data asset in an event of a failure at a data center associated with the second
data asset.
7.
The method of Claim 1, wherein the first data asset is operated by a first entity and the
second data asset is operated by a second, different entity.
8.
A system comprising:
a non-transitory computer-readable medium storing instructions; and
a processing device communicatively coupled to the non-transitory computer-readable
medium, wherein the processing device is configured to execute the instructions and thereby
perform operations comprising:
receiving an indication of a need to transfer data stored at a first data asset;
determining, based on a data element in a first data map associated with the first
data asset, a type of data stored at the first data asset;
determining, based on the type of data, at least one of an encryption level
implemented on the first data asset, a storage time limitation implemented on the first data
asset, or a data access restriction implemented on the first data asset;
identifying, based on the first data map, a second data asset that is communicatively
connected to the first data asset;
determining, based on a second data map associated with the second data asset, that
the second data asset is configured to implement at least one of the encryption level, the
storage time limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at
least one of the encryption level, the storage time limitation, or the data access restriction,
causing a transfer of the data stored at the first data asset to the second data asset.
9.
The system of Claim 8, wherein the indication identifies that a data center in which the first
data asset is located has failed or is anticipated to fail.
10.
The system of Claim 8, wherein the operations further comprise:
determining a regulation that is applicable to the transfer of the data between the first data
asset and the second data asset; and
determining that the transfer of the data between the first data asset and the second data
asset satisfies the regulation, wherein causing the transfer of the data is also performed based on
the transfer of the data satisfying the regulation.
11.
The system of Claim 8, wherein identifying the second data asset that is communicatively
connected to the first data asset is further based on a respective physical location of each of the
first data asset and the second data asset.
12.
The system of Claim 8, wherein the operations further comprise modifying the first data
map to identify the second data asset as a failover data asset for the first data asset.
13.
The system of Claim 8, wherein the operations further comprise:
identifying, based on the second data map, a failover data asset that is communicatively
connected to the second data asset;
determining, based on a third data map associated with the failover data asset, that the
failover data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying
the second data map to identify the failover data asset as a failover asset for the second data asset.
14.
The system of Claim 8, wherein the first data asset is operated by a first entity and the
second data asset is operated by a second, different entity.
15.
A non-transitory computer-readable medium storing computer-executable instructions
that, when executed by one or more processing devices, configure the one or more processing
devices to perform operations comprising:
receiving an indication to transfer data stored at a first data asset;
determining, based on a data element in a first data map associated with the first data asset,
a type of data stored at the first data asset;
determining, based on the type of data, at least one of an encryption level implemented on
the first data asset, a storage time limitation implemented on the first data asset, or a data access
restriction implemented on the first data asset;
identifying, based on the first data map, a second data asset that is communicatively
connected to the first data asset;
determining, based on a second data map associated with the second data asset, that the
second data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the second data asset is configured to implement at least one
of the encryption level, the storage time limitation, or the data access restriction, causing a transfer
of the data stored at the first data asset to the second data asset.
16.
The non-transitory computer-readable medium of Claim 15, wherein the indication
identifies that the first data asset is shut down or is anticipated to shut down.
17.
The non-transitory computer-readable medium of Claim 15, wherein the operations further
comprise:
determining a regulation that is applicable to the transfer of the data between the first data
asset and the second data asset; and
determining that the transfer of the data between the first data asset and the second data
asset satisfies the regulation, wherein causing the transfer of the data is also performed based on
the transfer of the data satisfying the regulation.
18.
The non-transitory computer-readable medium of Claim 15, wherein identifying the
second data asset that is communicatively connected to the first data asset is further based on a
respective physical location of each of the first data asset and the second data asset.
19.
The non-transitory computer-readable medium of Claim 15, wherein the operations
further comprise modifying the first data map to identify the second data asset as a failover data
asset for the first data asset.
20.
The non-transitory computer-readable medium of Claim 15, wherein the operations further
comprise:
identifying, based on the second data map, a failover data asset that is communicatively
connected to the second data asset;
determining, based on a third data map associated with the failover data asset, that the
failover data asset is configured to implement at least one of the encryption level, the storage time
limitation, or the data access restriction; and
responsive to determining that the failover data asset is configured to implement at least
one of the encryption level, the storage time limitation, or the data access restriction, modifying
the second data map to identify the failover data asset as a failover asset for the second data asset.
The Patent claims do not contain, determining, by the computing hardware and based on a second data map associated with the second data asset, that the second data asset is configured to implement at least one of the encryption level, the storage time limitation, or the data access restriction of claims 1, 8, 15, which Moore et al., 9727429 discloses, for transfer when failover, figures 1-2C., col., 16, lines 6-40. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by the patent claims to implement these limitations and also one of ordinary skill in the art would have been motivated to do so because it could provide transferring data. Upon failover of the asset, a replica site would enable another asset that would continue the operation. This would prevent dropping the operation due to the failover of the asset, figures 1-2C., col., 16, lines 6-40.
The dependent claims of the patent of this application are similar to this application claims 2-7, 9-14, 16-20.
Specification
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Drawings
The figures submitted on the filing date of this application are acknowledged.
Information Disclosure Statement
An initialed and dated copy of the applicant’s IDS form 1449 (multiple), is attached to the instant Office action.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claims 1, 8, 15, regarding limitations, “an encryption level implemented on the first data asset, a storage time limitation implemented on the first data asset, or a data access restriction”, the specification does not define different encryption levels, for example, level 1, level 2, or level 3, and how level 1 is different than level 2/level 3. The specification does not define storage time limitation, for example, minutes, years, etc. time left, start time, etc. The specification does not define data access restriction, for example, old data, new data, small data, large data, etc. Regarding limitations, determining, by the computing hardware and based on a second data map associated with the second data asset, that the second data asset is configured to implement at least one of the encryption level, the storage time limitation, or the data access restriction, the specification does not implement combination of “based on a second data map associated with the second data asset, that the second data asset” “the second data asset is configured to implement at least one of the encryption level, the storage time limitation, or the data access restriction”.
Claims 2-7, 9-14, 16-20 are dependent claims of claims 1, 8, 15 and hence subject to the same rejections.
Allowable Subject Matter
Claims 1-20 are not subject to prior art rejections but double patenting rejections and 35 U.S.C 112 rejections and objections.
Conclusion
Pertinent prior arts: Abstracts of 7,013,290 and 7,313,575.
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/HARESH N PATEL/Primary Examiner, Art Unit 2496
