Prosecution Insights
Last updated: April 19, 2026
Application No. 17/863,336

ELECTROMECHANICAL APPARATUS, SYSTEM, AND METHOD FOR GENERATING TRUE RANDOM NUMBERS

Non-Final OA §DP
Filed
Jul 12, 2022
Examiner
YAARY, MICHAEL D
Art Unit
2151
Tech Center
2100 — Computer Architecture & Software
Assignee
Real Random Ip LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
95%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
872 granted / 1001 resolved
+32.1% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
18 currently pending
Career history
1019
Total Applications
across all art units

Statute-Specific Performance

§101
24.5%
-15.5% vs TC avg
§103
33.9%
-6.1% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1001 resolved cases

Office Action

§DP
DETAILED ACTION 1. Claims 1-20 are pending in the application. Notice of Pre-AIA or AIA Status 2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Double Patenting 3. The non-statutory 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 non-statutory 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. 4. Claims 1-3, 12, 13, 15, and 18-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-3, 7, 12, 14, and 17-19 of US Pat. 11,385,865. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same limitations as the limitations of the instant application are found in the ‘865 patent. The only differences between the claims are minor wording differences. Example mapping below: Application 17/863,336 US Pat. 11,385,865 1. An apparatus for generating truly random numbers, comprising: a container that is at least partially filled with a fluid; one or more cameras configured to capture images of one or more objects in the fluid; one or more agitators configured to agitate the fluid, wherein agitation of the fluid by the one or more agitators cause the one or more objects to move within the fluid; and a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the captured images. 1. An apparatus for generating truly random numbers, comprising: a container that is at least partially filled with a fluid; one or more objects suspended freely in the fluid; one or more agitators configured to agitate the fluid; one or more cameras configured to capture one or more images of the one or more objects; and a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the one or more images captured by the one or more cameras, wherein when the one or more agitators agitate the fluid, the one or more objects move freely in the fluid in the container. 2. The apparatus of claim 1, wherein: each of the one or more objects includes one or more physical features; the images captured by the one or more cameras include a subset of physical features of the one or more physical features; and the random number generation circuit is further configured to generate the random numbers based on detecting the subset of physical features in the images. 2. The apparatus of claim 1, wherein: each of the one or more objects includes one or more physical features; the one or more images captured by the one or more cameras include a subset of physical features of the one or more physical features of the one or more objects; and the random number generation circuit is further configured to generate the random numbers based on detecting the subset of physical features in the one or more images. 3. The apparatus of claim 2, wherein: the one or more objects include dice; the one or more physical features include dots on faces of each of the dice; the subset of physical features include one or more dots on faces of the dice; and the random number generation circuit is configured to generate the random numbers based on a detected number of dots in the captured images. 3. The apparatus of claim 2, wherein: the one or more objects include dice; the one or more physical features include dots on faces of each die; the subset of physical features include one or more dots on faces of the dice; and the random number generation circuit is further configured to generate the random numbers based on a detected number of dots detected in the one or more images. 12. The apparatus of claim 1, further comprising one or more lighting units configured to illuminate the container when the one or more cameras capture the images of the one or more objects. 7. The apparatus of claim 1, further comprising one or more lighting units configured to illuminate the container when the one or more cameras capture the one or more images of the one or more objects. 13. The apparatus of claim 1, wherein the random number generation circuit is further configured to: receive a request for random numbers; and in response to receiving the request: control the one or more agitators to agitate the fluid; control the one or more cameras to capture additional images; generate the random numbers based on the additional images; and provide the generated random numbers. 12. The apparatus of claim 1, wherein the random number generation circuit is further configured to: receive a request for random numbers; and in response to receiving the request: control the one or more agitators to agitate the fluid; control the one or more cameras to capture the one or more images; generate the random numbers based on the one or more images captured by the one or more cameras; and provide the generated random numbers 15. A method for generating truly random numbers, comprising: receiving a request for generating one or more randomized keys; and in response to receiving the request: agitating, using one or more agitators, a fluid in a container filled with one or more objects, thereby causing the one or more objects to move within the fluid; capturing, using one or more cameras, images of the one or more objects in the fluid; generating a randomized key based on the captured images; and storing the randomized key to a memory unit. 14. A method for generating truly random numbers, comprising: receiving a request for generating one or more randomized keys; and in response to receiving the request: agitating, using one or more agitators, a fluid in a container filled with one or more objects that are suspended freely in the fluid, thereby causing the one or more objects to move freely in the container; capturing, using one or more cameras, one or more images of the one or more objects; generating a randomized key based on the one or more images; and storing the randomized key to a memory unit. 18. A system for generating truly random numbers, the system comprising: one or more random number generation units, each of the random number generation units including: a container that is at least partially filled with a fluid; one or more cameras configured to capture images of one or more objects in the fluid; one or more agitators configured to agitate the fluid, wherein agitation of the fluid by the one or more agitators cause the one or more objects to move within the fluid; a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the captured images; and a memory unit coupled to the one or more random number generation units, the memory unit configured to store the random numbers generated by the one or more random number generation units. 17. A system for generating truly random numbers, the system comprising: one or more random number generation units, each random number generation unit comprising: a container that is at least partially filled with a fluid; one or more objects suspended freely in the fluid; one or more agitators configured to agitate the fluid; one or more cameras configured to capture one or more images of the one or more objects; and a random number generation circuit coupled to the one or more cameras and configured to generate random numbers based on the one or more images captured by the one or more cameras, wherein when the one or more agitators agitate the fluid, the one or more objects move freely in the fluid in the container; and a memory unit coupled to the one or more random number generation units, the memory unit configured to store the random numbers generated by the one or more random number generation units. 19. The system of claim 18, further comprising: a controller unit coupled to the memory unit, the controller unit configured to: receive a request, from a user, for a randomized key; and in response to receiving the request: retrieve a random number from the memory unit; generate the randomized key based on the random number retrieved from the memory unit; and provide the randomized key to the user. 18. The system of claim 17, further comprising: a controller unit coupled to the memory unit, the controller unit configured to: receive a request, from a user, for a randomized key; and in response to receiving the request: retrieve a random number from the memory unit; generate the randomized key based on the random number retrieved from the memory unit; and provide the randomized key to the user. 20. The system of claim 19, wherein the controller unit is further configured to delete the random number from the memory unit upon providing the randomized key to the user. 19. The system of claim 18, wherein the controller unit is further configured to delete the random number from the memory unit upon providing the randomized key to the user. 5. Claims 1-3, 12, 13, 15, and 18-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-3, 7, 11, 14, 18 and 19 of US Pat. US Pat. 11,474,790. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same limitations as the limitations of the instant application are found in the ‘790 patent. The only differences between the claims are minor wording differences. Example mapping below: Application 17/863,336 US Pat. 11,474,790 1. An apparatus for generating truly random numbers, comprising: a container that is at least partially filled with a fluid; one or more cameras configured to capture images of one or more objects in the fluid; one or more agitators configured to agitate the fluid, wherein agitation of the fluid by the one or more agitators cause the one or more objects to move within the fluid; and a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the captured images. 1. An apparatus for generating truly random numbers, comprising: a container that is at least partially filled with a fluid; one or more objects suspended freely in the fluid; one or more agitators configured to stir the fluid, thereby causing the one or more objects to move freely in the fluid in the container; one or more cameras configured to capture one or more images of the one or more objects; and a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the one or more images captured by the one or more cameras, including: hashing the one or more captured images to extract image noise; and converting the hashed images into binary form. 2. The apparatus of claim 1, wherein: each of the one or more objects includes one or more physical features; the images captured by the one or more cameras include a subset of physical features of the one or more physical features; and the random number generation circuit is further configured to generate the random numbers based on detecting the subset of physical features in the images. 2. The apparatus of claim 1, wherein: each of the one or more objects includes one or more physical features; the images captured by the one or more cameras include a subset of physical features of the one or more physical features; and the random number generation circuit is further configured to generate the random numbers based on detecting the subset of physical features in the images. 3. The apparatus of claim 2, wherein: the one or more objects include dice; the one or more physical features include dots on faces of each of the dice; the subset of physical features include one or more dots on faces of the dice; and the random number generation circuit is configured to generate the random numbers based on a detected number of dots in the captured images. 3. The apparatus of claim 2, wherein: the one or more objects include dice; the one or more physical features include dots on faces of each of the dice; the subset of physical features include one or more dots on faces of the dice; and the random number generation circuit is configured to generate the random numbers based on a detected number of dots in the captured images. 12. The apparatus of claim 1, further comprising one or more lighting units configured to illuminate the container when the one or more cameras capture the images of the one or more objects. 7. The apparatus of claim 1, further comprising one or more lighting units configured to illuminate the container when the one or more cameras capture the one or more images of the one or more objects. 13. The apparatus of claim 1, wherein the random number generation circuit is further configured to: receive a request for random numbers; and in response to receiving the request: control the one or more agitators to agitate the fluid; control the one or more cameras to capture additional images; generate the random numbers based on the additional images; and provide the generated random numbers. 11. The apparatus of claim 1, wherein the random number generation circuit is further configured to: receive a request for random numbers; and in response to receiving the request: control the one or more agitators to stir the fluid; control the one or more cameras to capture the one or more images; generate the random numbers based on the one or more images captured by the one or more cameras; and provide the generated random numbers. 15. A method for generating truly random numbers, comprising: receiving a request for generating one or more randomized keys; and in response to receiving the request: agitating, using one or more agitators, a fluid in a container filled with one or more objects, thereby causing the one or more objects to move within the fluid; capturing, using one or more cameras, images of the one or more objects in the fluid; generating a randomized key based on the captured images; and storing the randomized key to a memory unit. 14. A method for generating truly random numbers, comprising: receiving a request for generating one or more randomized keys; and in response to receiving the request: stirring, using one or more agitators, a fluid in a container filled with one or more objects that are suspended freely in the fluid, thereby causing the one or more objects to move freely in the container; capturing, using one or more cameras, one or more images of the one or more objects; generating a randomized key based on the one or more images, including: hashing the one or more captured images to extract image noise; and converting the hashed images into binary form; and storing the randomized key to a memory unit. 18. A system for generating truly random numbers, the system comprising: one or more random number generation units, each of the random number generation units including: a container that is at least partially filled with a fluid; one or more cameras configured to capture images of one or more objects in the fluid; one or more agitators configured to agitate the fluid, wherein agitation of the fluid by the one or more agitators cause the one or more objects to move within the fluid; a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the captured images; and a memory unit coupled to the one or more random number generation units, the memory unit configured to store the random numbers generated by the one or more random number generation units. 17. A system for generating truly random numbers, the system comprising: one or more random number generation units, each random number generation unit comprising: a container that is at least partially filled with a fluid; one or more objects suspended freely in the fluid; one or more agitators configured to stir the fluid, thereby causing the one or more objects to move freely in the fluid in the container; one or more cameras configured to capture one or more images of the one or more objects; and a random number generation circuit coupled to the one or more cameras and configured to generate random numbers based on the one or more images captured by the one or more cameras, including: hashing the one or more captured images to extract image noise; and converting the hashed images into binary form; and a memory unit coupled to the one or more random number generation units, the memory unit configured to store the random numbers generated by the one or more random number generation units. 19. The system of claim 18, further comprising: a controller unit coupled to the memory unit, the controller unit configured to: receive a request, from a user, for a randomized key; and in response to receiving the request: retrieve a random number from the memory unit; generate the randomized key based on the random number retrieved from the memory unit; and provide the randomized key to the user. 18. The system of claim 17, further comprising: a controller unit coupled to the memory unit, the controller unit configured to: receive a request, from a user, for a randomized key; and in response to receiving the request: retrieve a random number from the memory unit; generate the randomized key based on the random number retrieved from the memory unit; and provide the randomized key to the user. 20. The system of claim 19, wherein the controller unit is further configured to delete the random number from the memory unit upon providing the randomized key to the user. 19. The system of claim 18, wherein the controller unit is further configured to delete the random number from the memory unit upon providing the randomized key to the user. Allowable Subject Matter 6. Claims 4-11, 14, and 16-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 7. Claims 1-3, 12, 13, 15, and 18-20 would be allowable if rewritten to overcome the rejection(s) under Double Patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The claims recite at least one or more agitators configured to agitate the fluid, wherein agitation of the fluid by the one or more agitators cause the one or more objects to move within the fluid; and a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the captured images. The closest prior art of record US Pub. 2019/0182407 is related to a fluid-optical encryption system and a method thereof. The fluid-optical encryption system uses a fluid surface that changes topology over time to modulate the wave front of an electromagnetic signal in an encryption, decryption, authentication or other communication system. The electromagnetic signal can be pulsed or continuous, coherent or non-coherent, and can be optical or in another wavelength range such as micrometer or infrared. The information carrying signal is either transmitted through the fluid system or reflected off the surface of the fluid system. The fluid system time dependent change can be induced by mechanical vibration in the fluid container, distorting the fluid container, acoustic waves through the fluid, or by surface tension changes at the boundary of the fluid cause by electrowetting or electrostatic effects. The fluid surface can exhibit patterns that oscillate or change periodically, or change in a chaotic manner. Thus, the prior art teaches at least a container that is at least partially filled with fluid as in the independent claims. However, the prior art of record does not teach or suggest at least one or more agitators configured to agitate the fluid, wherein agitation of the fluid by the one or more agitators cause the one or more objects to move within the fluid; and a random number generation circuit coupled to the one or more cameras, the random number generation circuit configured to generate random numbers based on the captured images. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D YAARY whose telephone number is (571)270-1249. The examiner can normally be reached Mon-Fri 9-5:30. 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, James Trujillo can be reached at (571)272-3677. 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. /MICHAEL D. YAARY/ Primary Examiner, Art Unit 2151
Read full office action

Prosecution Timeline

Jul 12, 2022
Application Filed
Jan 14, 2026
Non-Final Rejection — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
95%
With Interview (+8.0%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1001 resolved cases by this examiner. Grant probability derived from career allow rate.

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