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 .
Claims 1-13 have been examined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a language model” on lines 4-5 of the claim, which renders the claim indefinite because it is unclear whether it is referring to the language model on line 2 of the claim or to another. Appropriate correction is required.
Claims 2-9 are rejected for dependency upon rejected base claim 1 above.
Claim 10 recites “a language model” on line 4 of the claim, which renders the claim indefinite because it is unclear whether it is referring to the language model on line 1 of the claim or to another. Appropriate correction is required.
Claim 11 is rejected for dependency upon rejected base claim 10 above.
Claim 10 recites “a program code” on line 5 of the claim, which renders the claim indefinite because it is unclear whether it is referring to the program code on line 2 of the claim or to another. Appropriate correction is required.
Claim 11 is rejected for dependency upon rejected base claim 10 above.
Claim 10 recites the limitation "the allocated" in line 14. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 11 is rejected for dependency upon rejected base claim 10 above.
Claim 12 recites “a language model” on lines 4-5 of the claim, which renders the claim indefinite because it is unclear whether it is referring to the language model on line 2 of the claim or to another. Appropriate correction is required.
Claim 13 recites “a language model” on lines 6-7 of the claim, which renders the claim indefinite because it is unclear whether it is referring to the language model on line 3 of the claim or to another. Appropriate correction is required.
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.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 12 appears to be a system of software alone, lacking the necessary physical components (hardware) to constitute a machine or a manufacture under 101. Since claim 12 is clearly not a process or a composition of matter, it appears to fail to fall within a statutory category and thus non-statutory.
Allowable Subject Matter
Claims 1-11 and 13 are rejected under 35 USC 112, but would be allowable if the 35 USC 112 rejection is overcome.
Claim 12 is rejected under 35 USC 112 and 35 USC 101, but would be allowable if the 35 USC 112 and 35 USC 101 rejections are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
The cited prior art taken alone or in combination fail to teach, in combination with the other claimed limitations, storing metadata generated from the allocated and freed memory in a memory metadata database, wherein the metadata are based on the instructions and are stored when the executable file is generated and/or when the fuzzing is executed; and outputting the program code when the fuzzing has not found any memory performance degradation and has not found other errors as recited in independent claims 1, 12 and 13; and further fail to teach storing metadata generated from the allocated and freed memory in a memory metadata database, wherein the metadata are based on the instructions and are stored when the executable file is generated and/or when the fuzzing is executed, and outputting the program code when the fuzzing has not found any memory performance degradation and has not found other errors; generating a reward for the language model, wherein the reward is based on the monitoring of the memory performance; and updating weights of the language model with a value of the reward as recited in independent claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liljestrand (US 2023/0018585) teaches a method for generating an executable file using compilation and instrumentation.
Chakrabarti (US 2008/0300851) teaches a method for instrumenting program code.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QAMRUN NAHAR whose telephone number is (571)272-3730. The examiner can normally be reached Monday - Friday 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lewis Bullock can be reached on (571)272-3759. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QAMRUN NAHAR/Primary Examiner, Art Unit 2199
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