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 This communication is in response to the application filed on 0 3 / 05 /202 3 in which Claims 1- 20 are presented for examination. Drawings The applicant’s drawings submitted on 0 3 / 05 /202 3 are acceptable for examination purposes. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. Claims 1-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over SIVATHANU FILLIN "Insert the prior art relied upon." \d "[ 4 ]" U.S. Patent No. 20250306992 A1 (hereinafter " SIVATHANU ") in view of Evans US 20200106801 A1 . As to claim 1, SIVATHANU teaches a system comprising: a plurality of computing nodes configured to implement a plurality of queued containers ( SIVATHANU Pa. [0070] ) [ The containers 372 (e.g., copy-on-write containers) keep different AI workloads (e.g., workloads from different tenants) separate and secure from each other, even when they are being executed on the same host ] ; a container scheduler comprising at least one plugin, wherein the at least one plugin is configured to cause the container scheduler to perform a method comprising ( SIVATHANU Pa. [0050] ) [scheduler to support Kubernetes running in a customer's private data center), pluggable scheduling subsystems (e.g., the scheduling layer extensibility supports plugging in alternate schedulers] : and scheduling the plurality of queued containers to the plurality of computing nodes ( SIVATHANU Pa. [0017] ) [The global scheduler distributes the set of AI workloads to a set of nodes of the cloud infrastructure platform, wherein each node of the set of nodes includes infrastructure resources for use in executing AI workloads, and wherein the set of AI workloads are distributed to the set of nodes based on balancing resource ticket values of the AI workloads on each node of the set of nodes] It is noted that SIVATHANU does not appear explicitly disclose assigning cybersecurity risk scores to the plurality of queued containers; assigning cybersecurity risk tolerances to the plurality of computing nodes; based on compatible combinations of the cybersecurity risk scores and the cybersecurity risk tolerances. However, Evans discloses assigning cybersecurity risk scores to the plurality of queued containers ( Evans Pa. [00 4 7] ) [ Cyber Risk Scores”, are risk scores based on the impact and likelihood of digital asset attributes. It is the cornerstone of measuring cyber resiliency. [0048] “Impact”, is the degree to which a cyber-issue may have an adverse outcome on the organization. [0049] “Likelihood”, is a probability a cyber-attack will cause damage. ] ; assigning cybersecurity risk tolerances to the plurality of computing nodes (Evans Pa. [0 148 ]) [ Risk tolerances are based on the type of digital asset (crown jewel, business critical, business crucial). The described technology in various embodiments accurately allows each organization to define which digital asset characteristics are more important to them and to understand when action should be taken if risk rises above thresholds ] ; based on compatible combinations of the cybersecurity risk scores and the cybersecurity risk tolerances ( Evans Pa. [0 149 ]) [ Embodiments of the described technology are also related to measuring cyber resilience . Cyber resilience is a metric that is defined using inherent and residual cyber risk scores and risk tolerance . Goals can be set to increase cyber resiliency. Resiliency is the goal score divided by the residual risk score. The percent to goal is 1 ] Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by Evans to the queued containers system of SIVATHANU would have yield predictable results and resulted in an improved system, namely, a system that would provide a quantification of cyber risk exposures, cyber risk scoring, cyber risk amplification and cyber risk management, more specifically in terms of the risk of the digital assets across an enterprise. Digital assets are what is attacked by cybercriminals ( Evans Pa. [0002] ) As to claim s 2 -5 , the combination of SIVATHANU -Evans teaches wherein the cybersecurity risk scores are based on containers with access to code having known security vulnerabilities (Evans Pa. [00 68 ]) [Vulnerabilities increase residual risk. Poor coding practices (i.e. storing passwords in code) can be a large source of vulnerabilities]; wherein the cybersecurity risk scores are based on containers with access to software that is flagged by a Cloud Service Provider (CSP) or by a security policy (Evans Pa. [0 106 ]) [cyber risk this based on the digital assets. Some examples are cloud compromise, and data exfiltration.] ; wherein the cybersecurity risk scores are based on containers that are flagged by an Intrusion Detection System (IDS). (Evans Pa. [00 90 ]) [“Intrusion Detection System (IDS)”, is a cyber-security tool that monitors systems for malicious activity or policy violations] wherein the cybersecurity risk scores are based on a Common Vulnerabilities and Exposures (CVE) dataset and a Common Vulnerability Scoring System (CVSS). (Evans Pa. [0 103 ]) [The Common Vulnerabilities and Exposures (CVE) database provides a reference-method for publicly known information-security vulnerabilities and exposures.] Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by Evans to the queued containers system of SIVATHANU would have yield predictable results and resulted in an improved system, namely, a system that would provide a quantification of cyber risk exposures, cyber risk scoring, cyber risk amplification and cyber risk management, more specifically in terms of the risk of the digital assets across an enterprise. Digital assets are what is attacked by cybercriminals ( Evans Pa. [0002] ) As to claim 6 , the combination of SIVATHANU-Evans teaches wherein assigning the cybersecurity risk scores to the plurality of queued containers further comprises assigning additional cybersecurity risk scores to running containers, and wherein the at least one plugin is further configured with a controller entity to cause the container scheduler to perform the method further comprising (Evans Pa. [0047]) [Cyber Risk Scores”, are risk scores based on the impact and likelihood of digital asset attributes. It is the cornerstone of measuring cyber resiliency. [0048] “Impact”, is the degree to which a cyber-issue may have an adverse outcome on the organization. [0049] “Likelihood”, is a probability a cyber-attack will cause damage.] : migrating benign running containers from a first node to a benign node in response to the first node having more high-risk running containers than the benign running containers ( SIVATHANU Pa. [0028] ) [the disclosed scheduler is able to transparently preempt any running job, live migrate any running job, and/or elastically scale up/down and load balance the workers of the service to drive the highest utilization without impacting the performance or downtime…ot being efficiently utilized and therefore migrate jobs on such groups to other GPUs/CPUs/hardware accelerators by transparently checkpointing and verifying processor device states for migration to occur] Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by Evans to the queued containers system of SIVATHANU would have yield predictable results and resulted in an improved system, namely, a system that would provide a quantification of cyber risk exposures, cyber risk scoring, cyber risk amplification and cyber risk management, more specifically in terms of the risk of the digital assets across an enterprise. Digital assets are what is attacked by cybercriminals ( Evans Pa. [0002] ) As to claim 7, the combination of SIVATHANU-Evans teaches wherein assigning the cybersecurity risk scores to the plurality of queued containers further comprises assigning additional cybersecurity risk scores to running containers (Evans Pa. [0047]) [Cyber Risk Scores”, are risk scores based on the impact and likelihood of digital asset attributes. It is the cornerstone of measuring cyber resiliency. [0048] “Impact”, is the degree to which a cyber-issue may have an adverse outcome on the organization. [0049] “Likelihood”, is a probability a cyber-attack will cause damage.] , and wherein the at least one plugin is further configured with a controller entity to cause the container scheduler to perform the method further comprising SIVATHANU Pa. [0050] ) [scheduler to support Kubernetes running in a customer's private data center), pluggable scheduling subsystems (e.g., the scheduling layer extensibility supports plugging in alternate schedulers] : migrating high-risk running containers from a second node to a high-risk node in response to the second node having more benign running containers than the high-risk running containers ( SIVATHANU Pa. [0028] ) [the disclosed scheduler is able to transparently preempt any running job, live migrate any running job, and/or elastically scale up/down and load balance the workers of the service to drive the highest utilization without impacting the performance or downtime…ot being efficiently utilized and therefore migrate jobs on such groups to other GPUs/CPUs/hardware accelerators by transparently checkpointing and verifying processor device states for migration to occur] Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by Evans to the queued containers system of SIVATHANU would have yield predictable results and resulted in an improved system, namely, a system that would provide a quantification of cyber risk exposures, cyber risk scoring, cyber risk amplification and cyber risk management, more specifically in terms of the risk of the digital assets across an enterprise. Digital assets are what is attacked by cybercriminals ( Evans Pa. [0002] ) As to claim 8, the combination of SIVATHANU-Evans teaches wherein assigning the cybersecurity risk scores to the plurality of queued containers further comprises assigning additional cybersecurity risk scores to running containers (Evans Pa. [0047]) [Cyber Risk Scores”, are risk scores based on the impact and likelihood of digital asset attributes. It is the cornerstone of measuring cyber resiliency. [0048] “Impact”, is the degree to which a cyber-issue may have an adverse outcome on the organization. [0049] “Likelihood”, is a probability a cyber-attack will cause damage.] , and wherein the at least one plugin is further configured with a controller entity to cause the container scheduler to perform the method further comprising: migrating high-risk running containers from a third node to a high-risk node in response to the third node having an equal number of benign running containers and the high-risk running containers (Evans Pa. [0148]) [Risk tolerances are based on the type of digital asset (crown jewel, business critical, business crucial). The described technology in various embodiments accurately allows each organization to define which digital asset characteristics are more important to them and to understand when action should be taken if risk rises above thresholds] Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by Evans to the queued containers system of SIVATHANU would have yield predictable results and resulted in an improved system, namely, a system that would provide a quantification of cyber risk exposures, cyber risk scoring, cyber risk amplification and cyber risk management, more specifically in terms of the risk of the digital assets across an enterprise. Digital assets are what is attacked by cybercriminals ( Evans Pa. [0002] ) As to claims 9 and 19, claims 9 and 19 recite the claimed that contain respectively similar limitations as claim 1, therefore, they are rejected under the same rationale. As to claims 10-16, claims 10-16 recite the claimed that contain respectively similar limitations as claims 2-8; therefore, they are rejected under the same rationale. As to claim 17, the combination of SIVATHANU-Evans teaches wherein the cybersecurity risk tolerances are adjusted based on the cybersecurity risk scores to load-balance the queued containers on the nodes ( SIVATHANU Pa. [0109] ) [Second, the system 700 may be configured to use a ticket-adjusted height-based load balancer that uses migration to ensure that jobs across the cluster are balanced. Balancing workloads in conjunction with the split stride scheduler results in a fair and efficient service across a cluster of servers or nodes] As to claim 18, the combination of SIVATHANU-Evans teaches wherein the container scheduler is a Kubernetes container scheduler ( SIVATHANU Pa. [0147] ) [the system 700 is configured to use KUBERNETES as a cluster manager with a custom scheduler that allocates jobs to nodes] , wherein the cybersecurity risk scores are converted to respective tolerations for the containers , and wherein the cybersecurity risk tolerances are converted to respective taints for the nodes (Evans Abstract ) [ participants to reduce cyber risk back to acceptable risk tolerances and improve cyber resiliency] Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by Evans to the queued containers system of SIVATHANU would have yield predictable results and resulted in an improved system, namely, a system that would provide a quantification of cyber risk exposures, cyber risk scoring, cyber risk amplification and cyber risk management, more specifically in terms of the risk of the digital assets across an enterprise. Digital assets are what is attacked by cybercriminals ( Evans Pa. [0002] ) As to claim 20, claims 20 recites the claimed that contain respectively similar limitations as claims 1, 6-8 ; therefore, it is rejected under the same rationale. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT EVANS DESROSIERS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5438 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday -Friday 8:00 am - 5:30 pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT William Korzuch can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-7589 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /EVANS DESROSIERS/ Primary Examiner, Art Unit 2491