DETAILED ACTION
Notice of 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 .
The present office action is responsive to communications received on 3/24/2025. Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1,12,19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,14,18 of U.S. Patent No. 12259985. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the 12259985 contain every element of claims of the instant application. Application claims 1,12,19 are anticipated by the patent claims 1,14,18.
A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a 35 patent claim to a species within that genus). “ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
Instant Application No. 19088472
Patent No. 12259985
1. An apparatus comprising:
at least one processor; and
at least one memory including computer program code for one or more programs,
the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform at least the following,
query a metadata catalog for metadata associated with a dataset, wherein the metadata indicates a purpose that has been allowed for processing the dataset;
perform a verification a compatibility of a requested purpose for a new processing activity of the dataset with the purpose indicated in the metadata; and
enforce use of anonymization of the dataset for the new processing activity based on determining that the verification indicates that the new purpose is not compatible with the purpose indicated in the metadata.
14. An apparatus comprising:
at least one processor; and
at least one memory including computer program code for one or more programs, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus to perform at least the following,
generate metadata that indicates (1) a purpose that has been allowed for processing a dataset, and (2) a method of creation of the purpose, wherein the method of creation of the purpose is a mechanism by which the purpose is specified;
store the metadata in a metadata catalog to associate the purpose with the dataset; and
query the metadata catalog to perform a verification of a compatibility of the purpose with a requested purpose for a new processing activity of the dataset, to perform a limitation of the new processing activity, or a combination thereof.
Similar rationale for claim 12,19
Allowable Subject Matter
Claims 1-20 are allowable over prior art.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 1,12,19, the prior art:
US 11886429 B2, "Persistent metadata catalog", by McPherson, teaches that a metadata record 510 may include various types of metadata information, such as description data 600, location data 610, connection data 620, schema data 630, artifact data 640, encryption data 605, notification data 625, transform data 635, configuration information 645, and/or record specific permission data 650.
Reineke (US20220292211A1) teaches extracting content metadata from data, storing the content metadata in a data catalogue, receiving at the data catalogue, from a user, a request to access the data, transmitting, by the data catalogue to a security service provider, an access request that includes the extracted content metadata and metadata relating to the access request, accessing, by the security service provider, identity metadata concerning an identity of the user, and a data access policy, and transmitting, by the security service provider to the data catalogue, a decision as to whether or not access can be granted to the data, and the decision is based on the data access policy, the identity metadata, and the metadata in the access request.
Rolle (US 20190018985A1) teaches that data use restrictions are linked with a data value for a data instance, such as in a data type implementation. The data use restrictions can be compared with a purpose associated with an operation request, such as an operation request from a software application, to determine whether the operation is permitted or prohibited.
However, the prior art – individually, or in a reasonable combination – fails to teach the invention described in the claims as a whole.
“enforce use of anonymization of the dataset for the new processing activity based on determining that the verification indicates that the new purpose is not compatible with the purpose indicated in the metadata.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11899806 B1, "Managing data permissions for disparate data sets", by Winters, teaches that a computing device can obtain a plurality of data catalogs associated with the data stores; update a hybrid data catalog with information from the plurality of data catalogs; provide a portion of the plurality of data catalogs to a data consumer; provide the portion of the plurality of data catalogs based on permissions provided by the data publisher; receive a request to access a data store associated with the plurality of data catalogs; transmit the request to a corresponding data publisher and, based on a response by the data publisher, may modify the distinct access controls for the data store.
US 11328081 B2, "Consent-based data privacy management system", by Upadhyay, teaches providing consent-based data privacy management of personal information.
US 11797705 B1, "Generative Adversarial Network For Named Entity Recognition", by Voinea.
US 11392578 B1, "Automatically Generating Metadata For A Metadata Catalog Based On Detected Changes To The Metadata Catalog", by James.
US 20210182990 A1, "Method and system for contract management in a data marketplace", by Vidhani.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAN YANG whose telephone number is (408)918-7638. The examiner can normally be reached on Monday to Friday, 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Colin can be reached on 571-272-3862. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAN YANG/Primary Examiner, Art Unit 2493
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