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 .
This Office Action is in response to the Amendment filed on 06/25/2026. In the instant Amendment, claims 1 and 5-6 have been amended; Claims 2-4 were previously cancelled. Claims 1 and 5-6 are independent Claims; Claims 1 and 5-6 have been examined and are pending. This Action is made FINAL.
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed 06/25/2026 with respect to the rejections of claims 1 and 5-6 have been fully considered but are not persuasive.
As to independent claims 1 and 5-6, Applicants stated in arguments that the cited art fails to teach or suggest such a data generation device/method. Suzuki and Cameron fail to teach or suggest based on the acquired substitutable data, substituting the acquired substitutable data with other data to generate a next test data group (Applicant Arguments/Remarks, 06/25/2026, pages 8-10).
The Examiner disagrees with the Applicants. The Examiner respectfully that Suzuki does discloses the cited limitations. For example, Suzuki discloses based on the acquired substitutable data, substituting the acquired substitutable data with other data to generate a next test data group (Suzuki: page 2, par 8; when the normal data group A is input, the target program 12A executes a predetermined process. That is, the target program 12A reads the instruction content from the data D included in the normal data group A, and executes the processing according to the instruction content; page 3, par 3; a plurality of test data groups B in which the positions of the data D replaced with the fuzz data F are different from each other are generated, and the plurality of test data groups B are sequentially input to the target program 12A to operate the target program 12A. To confirm. As a result, it is possible to confirm the vulnerability of the target program 12A with respect to various test data group B inputs. The position of the data D refers to the position of the data D in the plurality of data D arranged in the normal data group A or the test data group B).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over SUZUKI et al. (“SUZUKI,” JP 2020107284 A, published on 07/09/2020) in view of SU et al. (“SU,” CN 110086778 A, published on 08/02/2019), and further in view of OH et al. (“OH,” BR PI0616945 A2; published on 07/05/2011).
Regrading Claim 1;
SUZUKI discloses a data generation device comprising (page 2, par 6; a device that generates a test data group for performing a test):
a memory that is configured to store computer executable instructions; and a processor that is configured to execute the computer executable instructions to perform operations, comprising (page 2, par 7; the control unit 24 is an arithmetic device, that is, a CPU. The storage unit 26 is a memory that stores the calculation contents of the control unit 24, program information, and the like):
generating a test data group for testing an operation of a communication device which performs communication by sending and receiving a data group according to a communication protocol (page 2, par 8; when the normal data group A is input, the target program 12A executes a predetermined process. That is, the target program 12A reads the instruction content from the data D included in the normal data group A, and executes the processing according to the instruction content; page 3, par 6; generates the test data group B in which the data D of the normal data group A is replaced with the fuzzing data F, and uses the test data group B to execute the fuzzing of the target program 12A. As shown in FIG. 1, the data generation system 1 includes a data generation device 10 and a target device 12. The target device 12 is a device capable of storing the target program 12A and executing the target program 12A. The target device 12 is an in-vehicle device such as a car navigation system, but is not limited to this and may be any device);
determining a state of the communication device after the communication device has received the test data group (page 3, par 6; the data generation system 1 includes a data generation device 10 and a target device 12; page 7, par 4; the data generation device 10 activates the target program 12A by using the test data group B1 and determines whether the target program 12A normally operates. After performing the fuzzing, the data generation device 10 determines whether the total number of the extracted test data, in other words, the total number of the generated test data group B has reached a predetermined threshold value (step S20). When the threshold value is reached (step S20; Yes), the data generation device 10 causes the display control unit 40 to output the result of fuzzing, that is, the determination result of whether the target program 12A normally operates); and
acquiring substitutable data which, upon substitution, make the data group reachable to the communication device based on a data structure of the data group according to the communication protocol (page 2, par 8; when the normal data group A is input, the target program 12A executes a predetermined process. That is, the target program 12A reads the instruction content from the data D included in the normal data group A, and executes the processing according to the instruction content; page 3, par 3; a plurality of test data groups B in which the positions of the data D replaced with the fuzz data F are different from each other are generated, and the plurality of test data groups B are sequentially input to the target program 12A to operate the target program 12A. To confirm. As a result, it is possible to confirm the vulnerability of the target program 12A with respect to various test data group B inputs. The position of the data D refers to the position of the data D in the plurality of data D arranged in the normal data group A or the test data group B),
wherein the generating further comprises generating a next test data group for testing the operation of the communication device based on a determination result about the state of the communication device (page 7, par 4; the determination result of whether the target program 12A normally operates; page 12, par 2; when the fuzzing result of the test data group Ba is not normal (step S46; No), the data generation device 10 causes the test data extraction unit 34 to calculate the data D between the test data and the second base point data D12. It is extracted as the next test data (step S50), the process returns to step S38, the test data group Ba is generated using the extracted next test data, and the fuzzing is executed. That is, the data generation device 10 according to the second embodiment changes the test data used to generate the next test data group Ba according to the fuzzing result of the test data group Ba),
wherein the generating further comprises substituting at least a part of data included in a previous test data group with other data to generate the next test data group (page 3, par 2; When the fuzzing is performed, at least a part of the data D of the normal data group A is replaced with the data different from the original data D, that is, the fuzzing data F which is another data to generate the test data group B. In other words, the test data group B is a data group in which at least a part of the data D of the normal data group A is replaced with the fuzz data F [i.e., next test data group]), and
performing a proximity substitution process in which data present within a predetermined range in the data substituted in a most recent test data group is selected as data to be substituted, the data to be substituted is substituted with other data included in the most recent test data group, and the next test data group is generated (page 9, par 7; the test data group generation unit 36 replaces the normal point data Dl with the fuzzing data Fl with respect to the normal data group A [i.e., proximity substitution process], and also replaces the normal data group A with a data group with a hamming distance of 1 to generate one. It is generated as an eye test data group BS. In other words, the first test data group BS is a data group in which the number of fuzzing data F is 1 with respect to the normal data group A when the base point data Dl is replaced with the fuzzing data Fl. Examples of the first test data group BS include test data groups B1Sa and B1Sb. In the test data group B1Sa, the base point data Dl is Fl, and the adjacent data Dm is replaced by the fuzzing data Fm. In the test data group B1Sb, the two adjacent data Dn whose base point data Dl is Fl are fuzzed. It is replaced with the data Fn. As the first test data group BS, in addition to the test data groups B1Sa and B1Sb, a plurality of different fuzzing data F addresses are assumed. In this case, for example, the test data extraction unit 34 extracts test data from the data D within a range separated by a predetermined number of bits from the bit string having the base point data Dl as Fl, and narrows down the number of test data. Therefore, the number of test data groups may be suppressed to a predetermined number. Further, the fuzzing execution unit 38 may perform fuzzing by prioritizing a plurality of test data groups),
repeatedly performing the proximity substitution process, when the state of the communication device after the communication device has received each of the test data groups generated in the proximity substitution process has converged, the data to be substituted from among the data included in the previous test data group, and generating the next test data group (page 9, par 7; the test data group generation unit 36 replaces the normal point data Dl with the fuzzing data Fl with respect to the normal data group A, and also replaces the normal data group A with a data group with a hamming distance of 1 to generate one. It is generated as an eye test data group BS. In other words, the first test data group BS is a data group in which the number of fuzzing data F is 1 with respect to the normal data group A when the base point data Dl is replaced with the fuzzing data Fl. Examples of the first test data group BS include test data groups B1Sa and B1Sb. In the test data group B1Sa, the base point data Dl is Fl, and the adjacent data Dm is replaced by the fuzzing data Fm. In the test data group B1Sb, the two adjacent data Dn whose base point data Dl is Fl are fuzzed. It is replaced with the data Fn. As the first test data group BS, in addition to the test data groups B1Sa and B1Sb, a plurality of different fuzzing data F addresses are assumed. In this case, for example, the test data extraction unit 34 extracts test data from the data D within a range separated by a predetermined number of bits from the bit string having the base point data Dl as Fl, and narrows down the number of test data. Therefore, the number of test data groups may be suppressed to a predetermined number. Further, the fuzzing execution unit 38 may perform fuzzing by prioritizing a plurality of test data groups; page 10, par 1; the test data group generation unit 36 generates a second test data group BS having a Hamming distance different by 1 from the first test data group BS [i.e., repeatedly performing the proximity substitution process]. Examples of the second test data group BS include test data groups B2Sa1, B2Sa2, B2Sb1 and B2Sb2),
wherein if a number of times by which the state of the communication device which receives the test data group by the proximity substitution process is determined to be normal is equal to or greater than a predetermined count, the state of the communication device is determined to have been converged (page 9, par 7; the test data group generation unit 36 replaces the normal point data Dl with the fuzzing data Fl with respect to the normal data group A, and also replaces the normal data group A with a data group with a hamming distance of 1 to generate one [] the number of test data groups may be suppressed to a predetermined number. Further, the fuzzing execution unit 38 may perform fuzzing by prioritizing a plurality of test data groups; page 10, par 1; the test data group generation unit 36 generates a second test data group BS having a Hamming distance different by 1 from the first test data group BS; page 13, par 3; extracts the data D between the test data extracted immediately before and the fuzz data F that is the closest to the test data as the next test data. to continue. As a result, the position of the test data gradually converges. Therefore, the threshold value in step S42 of FIG. 12 may be a predetermined number, or may be a number for converging the position of the test data), and
the generating further comprises, based on the acquired substitutable data, substituting the acquired substitutable data with other data to generate a next test data group (page 2, par 8; when the normal data group A is input, the target program 12A executes a predetermined process. That is, the target program 12A reads the instruction content from the data D included in the normal data group A, and executes the processing according to the instruction content; page 3, par 3; a plurality of test data groups B in which the positions of the data D replaced with the fuzz data F are different from each other are generated, and the plurality of test data groups B are sequentially input to the target program 12A to operate the target program 12A. To confirm. As a result, it is possible to confirm the vulnerability of the target program 12A with respect to various test data group B inputs. The position of the data D refers to the position of the data D in the plurality of data D arranged in the normal data group A or the test data group B).
SUZUKI discloses acquiring substitutable data which, upon substitution, make the data group reachable to the communication device based on a data structure of the data group according to the protocol as recited above, but do not explicitly disclose according to the communication protocol.
However, in an analogous art, SU discloses protocol conversion system/method that includes:
according to the communication protocol (SU: page 2, par 15; according to the current data call communication protocol data stored by the storage module, a protocol converting module performs protocol conversion for the data, so that the current data according to the communication protocol conversion to fixed communication protocol format of the current data, the current data transmission protocol conversion module after the conversion to the storing module to be stored and to cover the original current data stored in the storage module).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of SU with the method/system of SUZUKI to include according to the communication protocol. One would have been motivated to receives the call instruction after transferring the current data stored in the storage module, and transmitting the current data to the monitoring device, the invention has the different communication protocols are unified to one protocol output and reduces the trouble and cost of user selected monitoring device (SU: abstract).
The combination of SUZUKI and SU disclose repeatedly performing the proximity substitution process, when the state of the communication device after the communication device has received each of the test data groups generated in the proximity substitution process has converged as recited above, but do not explicitly disclose randomly selecting.
However, in an analogous art, OH discloses signal processing system/method that includes:
randomly selecting (OH: page 21, par 8; randomly select one of the three encoding types for each group becoming a data encoding target. Thus, data coding as a whole brings about the result of using the three types of coding scheme in combination with one another).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of OH with the method/system of SUZUKI and SU to include randomly selecting. One would have been motivated to receive via an Internet protocol network, obtaining a group reference value corresponding to various data included in a group through the group and a difference value corresponding to the reference value from the decapsulated signal and obtain the data using the group reference value and the difference value (OH: abstract).
Regarding Claim 5;
This Claim recites a method that perform the same steps as device of Claim 1, and has limitations that are similar to Claim 1, thus are rejected with the same rationale applied against claim 1.
Regarding Claim 6;
This Claim recites a non-transitory storage medium that perform the same steps as device of Claim 1, and has limitations that are similar to Claim 1, thus are rejected with the same rationale applied against claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 extension fee 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 date of this final action.
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/C.W./Examiner, Art Unit 2439
/LUU T PHAM/Supervisory Patent Examiner, Art Unit 2439
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