Prosecution Insights
Last updated: April 19, 2026
Application No. 18/217,693

Method for Executing a Program on a Data Processing Device

Non-Final OA §103
Filed
Jul 03, 2023
Examiner
SCOTT, RANDY A
Art Unit
2439
Tech Center
2400 — Computer Networks
Assignee
Infineon Technologies AG
OA Round
2 (Non-Final)
85%
Grant Probability
Favorable
2-3
OA Rounds
3y 1m
To Grant
82%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
793 granted / 937 resolved
+26.6% vs TC avg
Minimal -3% lift
Without
With
+-2.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
27 currently pending
Career history
964
Total Applications
across all art units

Statute-Specific Performance

§101
11.8%
-28.2% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
11.9%
-28.1% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 937 resolved cases

Office Action

§103
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 1. This Office Action is responsive to the communication filed 6/23/2025. Claim Status 2. Claim 1 has currently been amended. Response to Arguments 3. The applicant’s arguments have been taken into consideration, but are moot in view of the new grounds of rejection. A. In response to the applicant’s argument (disclosed on pg. 1-2 of the remarks segment) that the cited prior art fails to teach or suggest computing a check value from program instructions: See par [0011] of newly cited prior art reference Martorana et al (US 2022/0308545), which discloses computing checksum values corresponding to an address read from instruction memory (e.g., computing a checksum value from program instructions). B. In response to the applicant’s argument (disclosed on pg. 3-4 of the remarks segment) that the cited prior art fails to teach or suggest computing a check value from the multiple program instructions for the check by way of the data processing device when the program instructions are loaded from the one or more memories into an instruction buffer memory of the data processing device or by way of read access to the instruction buffer memory after the program instructions have been loaded into the instruction buffer memory from the one or more memories: Also see Martorana et al, which also discloses (in the Abstract of Martorana et al) computing checksum values for comparison to stored checksum values (e.g., computing a check value from the multiple program instructions for the check) and (as disclosed in par [0011], lines 6-15 of Martorana et al) the checksum value being computed as a function of data read from a target memory location corresponding to an address read from instruction memory (e.g., by way of read access to the instruction buffer memory after the program instructions have been loaded into the instruction buffer memory from the one or more memories). C. In response to the applicant’s argument (disclosed on pg. 4 of the remarks segment) that the cited prior art fails to teach or suggest wherein the check value is derived from a key concealed in the data processing device: See newly cited prior art reference Martorana et al (US 2022/0308545), which discloses wherein the check value is derived from a key concealed in the data processing device (par [0106], which discloses the user device computing the check value from the device’s own cryptographic keys). D. In response to the applicant’s argument (disclosed on pg. 4 of the remarks segment) that the cited prior art fails to teach or suggest computing the check value when the program instructions are loaded from the one or more memories into the instruction buffer memory by way of read access to a transmission path between the one or more memories and the instruction buffer memory: The abstract of Martorana et al also discloses the checksum values being computed as a function of data that is read from the target memory location (e.g., computing the check value when the program instructions are loaded from the one or more memories into the instruction buffer memory by way of read access to a transmission path between the one or more memories and the instruction buffer memory). Claim Rejections – 35 USC 103 4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office Action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 5. Claims 1-3 and 5-13 are rejected under 35 USC 103 as being unpatentable over Hufnagel et al (DE 102016223341 A1) in view of Meyer (US 2021/0240563), further in view of Martorana et al (US 2022/0308545). Regarding claim 1, Hufnagel et al teaches a method for executing a program on a data processing device (par [0002], lines 5-8), the method comprising: storing multiple program instructions and data to be processed by a processor of the data processing device in one or more memories of the data processing device (fig. 1a-1b & par [0034], lines 1-4, “data stored in the memory units”); storing the reference value in the data processing device (par [0018], lines 1-5, “stored comparison checksum”); and the processor executing at least some of the program instructions if the check value matches the received reference value (par [0005], lines 3-7, par [0018-0020], and par [0044], which disclose forwarding data to a processing unit if the pre-stored comparison checksum matches the calculated checksum value). Hufnagel et al does not explicitly teach the data processing device receiving, from an external data processing device, a reference value for a check of the multiple program instructions. However, Meyer teaches the data processing device receiving, from an external data processing device, a reference value for a check of the multiple program instructions (par [0011], lines 5-15, which discloses receiving a reference checksum value from an external device). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Meyer within the disclosure of Hufnagel et al in order to provide the predictive result of improving prevention of program data manipulation by utilizing a controller in addition to a processor device to perform checksum reference value comparison (as disclosed in par [0011] of Meyer) because allowing the processor device to perform the checksum comparison is suspectable to being manipulated by a hacker (as disclosed in par [0011] of Meyer). Hufnagel et al and Meyer do not explicitly teach computing a check value from the multiple program instructions for the check by way of the data processing device when the program instructions are loaded from the one or more memories into an instruction buffer memory of the data processing device or by way of read access to the instruction buffer memory after the program instructions have been loaded into the instruction buffer memory from the one or more memories. However, Martorana et al teaches computing a check value from the multiple program instructions for the check (Abstract, which discloses computing checksum values for comparison to stored checksum values) by way of the data processing device when the program instructions are loaded from the one or more memories into an instruction buffer memory of the data processing device or by way of read access to the instruction buffer memory after the program instructions have been loaded into the instruction buffer memory from the one or more memories (par [0011], lines 6-15, which discloses the checksum value being computed as a function of data read from a target memory location corresponding to an address read from instruction memory). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Martorana et al within the teachings of Hufnagel et al and Meyer in order to provide the predictive result of further improving preventing unauthorized tampering of data when triggering an alarm in response to a detected mismatch of computed checksum data (as disclosed in the Abstract of Martorana et al) because implementing this feature would decrease unauthorized access to secure data by automatically denying access upon the alert signifying a checksum value mismatch being generated. Regarding claim 2, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 1. Hufnagel et al further teaches storing the reference value in a write-protected memory region of the data processing device (par [0018], lines 1-5, which discloses storing the comparison checksum in ROM). Regarding claim 3, Hufnagel et al does not explicitly teach wherein the check value is a cryptographic check value. However, Meyer teaches wherein the check value is a cryptographic check value (par [0040], lines 1-5, “hash value is calculated as a reference checksum”). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Meyer within the disclosure of Hufnagel et al according to the motivation disclosed regarding claim 1. Regarding claim 5, Hufnagel et al Meyer do not explicitly teach computing the check value when the program instructions are loaded from the one or more memories into the instruction buffer memory by way of read access to a transmission path between the one or more memories and the instruction buffer memory. However, Martorana et al teaches computing the check value when the program instructions are loaded from the one or more memories into the instruction buffer memory by way of read access to a transmission path between the one or more memories and the instruction buffer memory (Abstract, which discloses the checksum values being computed as a function of data that is read from the target memory location). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Martorana et al within the teachings of Hufnagel et al and Meyer according to the motivation disclosed regarding claim 1. Regarding claim 6, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 1. Hufnagel et al further teaches storing the reference value in a write-protected memory region of the data processing device (par [0018], lines 1-5, which discloses the comparison checksum in ROM) and the processor comparing the check value with the reference value (par [0018], lines 1-2, which discloses comparing the calculated checksum with the stored checksum). Regarding claim 7, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 1. Hufnagel et al further teaches comprising a checking unit, which computes the check value, comparing the check value with the reference value (par [0019], “comparing the calculated checksum with the comparison checksum”). Regarding claim 8, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 1. Hufnagel et al further teaches outputting a signal and/or performing a security measure if the check value does not match the reference value (par [0045], which discloses indicating an error diagnosis upon determining that the calculated checksum with the comparison checksum do not match). Regarding claim 9, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 1. Hufnagel et al further teaches wherein a respective reference value is received for each of multiple program code portions each containing multiple program instructions of a program (par [0021], “comparison checksum is created and stored”), a check value is computed when the program code portion is loaded into the instruction buffer memory (par [0020], lines 5-8, “comparison checksum is advantageously calculated and stored”) or by way of read access to the instruction buffer memory after the program code portion has been loaded into the instruction buffer memory, and wherein, for each of the multiple program code portions, at least part of the program code portion is executed by the processor if the check value computed for the program code portion matches the reference value received for the program code portion (par [0044], forwarding data if there is a match between the current checksum and a comparison checksum). Regarding claim 10, Hufnagel et al teaches data processing device (fig. 1A) comprising: a processor (fig. 1A); one or more memories that are configured to store multiple program instructions and data to be processed by a processor of the data processing device (fig. 1a-1b & par [0034], lines 1-4, “data stored in the memory units”); an instruction buffer memory for buffer-storing the program instructions to be executed by the processor (par [0007]); a data buffer memory for buffer-storing the data to be processed (par [0034], lines 1-5, “designed to execute processes…depending on data stored in the memory units”); store a reference value in the one or more memories (par [0018], lines 1-5, “stored comparison checksum”); and wherein the processor is configured to execute at least some of the program instructions if the check value matches the received reference value (par [0005], lines 3-7, par [0018-0020], and par [0044], which disclose forwarding data to a processing unit if the pre-stored comparison checksum matches the calculated checksum value). Hufnagel et al does not explicitly teach a communication interface to an external data processing device, which communication interface is configured to receive a reference value for a check of the multiple program instructions from the external data processing device. However, Meyer teaches a communication interface to an external data processing device, which communication interface is configured to receive a reference value for a check of the multiple program instructions from the external data processing device (par [0011], lines 5-15, which discloses receiving a reference checksum value from an external device). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Meyer within the disclosure of Hufnagel et al in order to provide the predictive result of improving prevention of program data manipulation by utilizing a controller in addition to a processor device to perform checksum reference value comparison (as disclosed in par [0011] of Meyer) because allowing the processor device to perform the checksum comparison is suspectable to being manipulated by a hacker (as disclosed in par [0011] of Meyer). Hufnagel et al and Meyer do not explicitly teach checking circuitry configured to compute a check value from the multiple program instructions for the check by way of the data processing device when the program instructions are loaded from the one or more memories into an instruction buffer memory of the data processing device or by way of read access to the instruction buffer memory after the program instructions have been loaded into the instruction buffer memory from the one or more memories. However, Martorana et al teaches circuitry configured to compute a check value from the multiple program instructions for the check (Abstract, which discloses computing checksum values for comparison to stored checksum values) by way of the data processing device when the program instructions are loaded from the one or more memories into an instruction buffer memory of the data processing device or by way of read access to the instruction buffer memory after the program instructions have been loaded into the instruction buffer memory from the one or more memories (par [0011], lines 6-15, which discloses the checksum value being computed as a function of data read from a target memory location corresponding to an address read from instruction memory). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Martorana et al within the teachings of Hufnagel et al and Meyer in order to provide the predictive result of further improving preventing unauthorized tampering of data when triggering an alarm in response to a detected mismatch of computed checksum data (as disclosed in the Abstract of Martorana et al) because implementing this feature would decrease unauthorized access to secure data by automatically denying access upon the alert signifying a checksum value mismatch being generated. Regarding claim 11, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 10. Hufnagel et al further teaches wherein the instruction buffer memory has access for the processor that is faster in comparison with the one or more memories (par [0024], lines 5-10, “cache of the processor unit”). Regarding claim 12, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 10. Hufnagel et al further teaches wherein the checking unit is configured to compare the check value with the reference value (par [0019], “comparing the calculated checksum with the comparison checksum”) and to output a signal to another component of the data processing device if the check value does not match the reference value (par [0045], which discloses indicating an error diagnosis upon determining that the calculated checksum with the comparison checksum do not match). Regarding claim 13, Hufnagel et al, Meyer, and Martorana et al teach the limitations of claim 10. Hufnagel et al further teaches wherein the instruction buffer memory is a cache memory (par [0018], lines 8-10, “checksum cache”) or a tightly coupled RAM (par [0018], lines 1-5, which discloses that the checksum data may be stored in RAM). 6. Claim 4 is rejected under 35 USC 103 as being unpatentable over Hufnagel et al (DE 102016223341 A1) in view of Meyer (US 2021/0240563), further in view of Martorana et al (US 2022/0308545), further in view of Hughes et al (US 2013/0083926). Regarding claim 4, Hufnagel et al, Meyer, and Martorana et al do not explicitly teach wherein the check value is derived from a key concealed in the data processing device. However, Hughes et al teaches wherein the check value is derived from a key concealed in the data processing device (par [0106], which discloses the user device computing the check value from the device’s own cryptographic keys). It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to be motivated to combine the teachings of Hughes et al within the teachings of Hufnagel et al and Meyer in order to provide the predictive result of improving generating check value-based authentication by implementing a trusted authority (as disclosed in the Abstract of Hughes et al) for further ensuring that the generated check values correspond to the previously stored, secure check values. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy A. Scott whose telephone number is (571) 272-3797. The examiner can normally be reached on Monday-Thursday 7:30 am-5:00 pm, second Fridays 7:30 am-4pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Luu Pham can be reached on (571) 270-5002. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RANDY A SCOTT/Primary Examiner, Art Unit 2439 20251022
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Prosecution Timeline

Jul 03, 2023
Application Filed
Mar 19, 2025
Non-Final Rejection — §103
Jun 23, 2025
Response Filed
Nov 16, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
85%
Grant Probability
82%
With Interview (-2.6%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 937 resolved cases by this examiner. Grant probability derived from career allow rate.

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