DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/26/26 has been entered.
Response to Arguments
The response of 02/26/26 was received and considered. In view of Applicant’s arguments and amendments, filed 02/06/26, with respect to 35 USC 103 have been fully considered and are persuasive. The rejection of claims 1, 3-8, 10-14 and 16-18 has been withdrawn. However, a new rejection has been made in view of 35 USC § 101.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 3-8, 10-14 and 16-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-6: Recite a "method" (Process).
Claims 7-12: Recite a "computing apparatus" (Machine).
Claims 13-18: Recite a "non-transitory computer-readable storage media" (Article of Manufacture). All claims meet the initial threshold for statutory categories.
As per claims 1, 7 and 13:
Step 2A: Prong 1: The core of the claim involves: Receiving a string of bits. Shuffling the bits using a sequence of operations. Computing the Hamming weight of the shuffled string. Concluding that the Hamming weight of the shuffled string equals the Hamming weight of the original string.
The claim is essentially a mathematical algorithm or a series of logical operations. Mathematical relationships, formulas, and calculations are considered abstract ideas. Furthermore, counting the number of '1's in a string and shuffling them can conceptually be performed in the human mind or with pen and paper, and can be considered a "mental processes" grouping of abstract ideas.
Prong 2: Claim 1 ends at "obtaining... the hamming weight." It merely produces a number or data result. It does not recite what happens to the Hamming weight after it is computed. Therefore, the claim simply calculates and outputs information without applying it to a specific technological problem, it is not integrated into a practical application.
Step 2B: The only physical component recited in the claim is a generic "processor." As per, "Applying a sequence of bit operations", this is claimed at a high level of functional abstraction. It does not specify a novel hardware architecture or a specific method of manipulation. The claims instruct a generic processor to calculate the mathematical steps. It does not improve the functioning of the processor itself, nor does it apply the math to solve a specific technological problem in a tangible way.
Dependent Claims 3, 10, 16 and 4, 8, 14: These claims add "masking," "reverse masking," "mixing," and "rotation" operations. While mathematically more complex, these are still just additional mathematical operations and do not transform the abstract idea into a practical application.
Dependent Claims 5, 11, 17 disclose output from a RNG. Simply specifying the source of the data (a random number generator) is considered insignificant "data gathering," which does not integrate the exception.
Dependent Claims 6, 12, 18 disclose assurance of TRNG: These are the closest to a practical application. They state the calculated weight is used "to obtain assurance that a true random number generator (TRNG) is operating as designed." However, as currently drafted, gathering data to verify a system’s operation, without taking action to correct or control the system. Unless the claim recites a specific technological action taken based on that assurance, it is considered extra-solution activity or a field of use restriction that fails to integrate the abstract idea.
Claim Interpretation
The examination of the claims, as currently drafted, with respect to patentability or rejection under 35 USC 102/103 is not possible until the 35 USC § 101rejection is resolved.
Conclusion
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUBREY H WYSZYNSKI whose telephone number is (571)272-8155. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALI SHAYANFAR can be reached at 571-270-1050. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUBREY H WYSZYNSKI/Examiner, Art Unit 2434
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