Prosecution Insights
Last updated: October 01, 2026
Application No. 19/011,649

MEMORY SYSTEM AND RANDOM NUMBER GENERATION DEVICE

Final Rejection §103
Filed
Jan 07, 2025
Priority
Sep 22, 2021 — JP 2021-153871 +1 more
Examiner
LIU, ZHE
Art Unit
2493
Tech Center
2400 — Computer Networks
Assignee
KIOXIA Corporation
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
1y 2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
117 granted / 158 resolved
+16.1% vs TC avg
Strong +58% interview lift
Without
With
+58.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
13 currently pending
Career history
168
Total Applications
across all art units

Statute-Specific Performance

§101
5.5%
-34.5% vs TC avg
§103
63.1%
+23.1% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 158 resolved cases

Office Action

§103
DETAILED ACTION The following claims are pending in this office action: 1-16 The following claims are independent: 1 and 10 The following claims are amended: 1 and 10 The following claims are new: - The following claims are cancelled: - Claims 1-16 are rejected. This rejection is FINAL. 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 . Terminal Disclaimer The terminal disclaimer filed on 08/18/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Patent No. 12,229,432 has been reviewed and is accepted. The terminal disclaimer has been recorded. Previous Objections and/or Rejections Withdrawn The non statutory double patenting rejection is withdrawn based on the filed terminal disclaimer. RESPONSE TO ARGUMENTS Applicant’s arguments in the amendment filed 08/18/2026 have been fully considered but are moot in view of new grounds of rejection necessitated by amendment. Applicant notes: Independent claim 1 is amended to recite “generate a second pseudo random number based on a second sequence of random number bits that is different from the first sequence when the randomness of the first sequence is lower than the predetermined randomness and higher than a minimum target value, the minimum target value being lower than the predetermined randomness, wherein the controller is configured to, when the randomness of the first sequence is equal to or less than the minimum target value, notify the host of an error and set the memory system in an error state in which the memory system does not execute any input/output (1/O) command issued by the host.” This limitation is disclosed by Kokubo et al. (US Pub. 2015/0149519) in view of Wilber (US Pub. 2010/0281088) as explained below and rejected accordingly. Independent claim 10 is amended in a similar way to claim 1. The amended limitations are disclosed by Kokubo et al. (US Pub. 2015/0149519) in view of Wilber (US Pub. 2010/0281088) as explained below and rejected accordingly. Dependent claims 2-9 and 11-16 depend on independent claims 1 and 10. The amended elements in the claims are disclosed Kokubo et al. (US Pub. 2015/0149519) in view of Wilber (US Pub. 2010/0281088 as explained below, and so any additional features to the dependent claims are rejected accordingly. Claim Rejections - 35 USC § 103 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. Claim 1 is ejected under 35 U.S.C. 103 as being unpatentable over Kokubo et al. (US Pub. 2015/0149519) (hereinafter “Kokubo”) in view of Wilber (US Pub. 2010/0281088) (hereinafter “Wilber”). As per claim 1, Kokubo teaches a memory system comprising: ([Kokubo, para. 0085; Fig. 11] “FIG. 11 is a drawing illustrating an example of the configuration of an encryption [memory as the system includes memory – see figure] system”) a memory; and ([Kokubo, Fig. 11] the system includes memory ROM 62 and RAM 63) a controller including a random number generator (RNG) circuit configured to generate a pseudo random number, wherein the RNG circuit is configured to, upon issuance of a command by a host: ([Kokubo, para. 0003] “Random numbers are largely classified into pseudo random numbers and physical random numbers ... according to the method of generation ... Pseudo random numbers are a part of a numerical sequence generated by deterministic calculation”; [para. 0029] “FIG. 1 is a drawing illustrating an example of the configuration of a physical random number generator apparatus [RNG circuit]”; [para. 0086] “The CPU 64 operates based on data and programs stored in the ROM 62 and the RAM 63, so that a random number generation process and an encryption key generation process are performed [generate a pseudo random number] under to the control of the CPU 64 [upon issuance of a command by a host] ... The encryption arithmetic apparatus 61 [a controller] performs a key generation algorithm, so that the common key encryption circuit 71 and the public key encryption circuit 72 generate a ... key ... based on the supplied physical random number [generate a pseudo random number]”) generate a first sequence of random number bits, ([Kokubo, para. 0044] “The generation of a 1-bit physical random number by the physical random number generation circuit 10 is repeated n times, so that n bits of physical random numbers are stored in the register 11 [generate a first sequence of random number bits]”) generate a first pseudo random number based on the first sequence ([Kokubo, para. 0086] “The encryption arithmetic apparatus 61 performs a key generation algorithm, so that the common key encryption circuit 71 and the public key encryption circuit 72 generate a ... key [generate a first pseudo random number] ... based on the supplied physical random number [based on the first sequence]”) when a randomness of the first sequence is higher or equal to a predetermined randomness, ([para. 0063] “the entropy-estimation-based control circuit 16 receives an estimated minimum entropy Me [randomness of a bit of the first sequence]” [para. 0065] “the entropy-estimation-based control circuit 16 adds nxMinEntropy [a randomness of the first sequence] to the variable SUM ... the entropy-estimation-based control circuit 16 checks whether the value of the variable SUM [a randomness of the first sequence as SUM starts at 0] is greater than ExL [a predetermined randomness – see para. 0049] ... If the check result indicates YES, the entropy-estimation-based control circuit 16 sends an input completion signal”; [para. 0077] “upon receiving a control signal indicative of input completion ... the LFSR control circuit 41 causes ... data [the first sequence] ... to be output as entropy-compressed physical random numbers”; [para. 0086] “entropy-compressed physical random numbers ... supplied to the encryption arithmetic apparatus .... generate a ... key”) and generate a second pseudo random number based on a second sequence of random number bits that is different from the first sequence when the randomness of the first sequence is lower than the predetermined randomness ([Kokubo, para. 0065] “If the check result indicates NO, [when the randomness of the first sequence is lower than the predetermined randomness] the procedure goes back to step S22 to repeat the subsequent steps”; [para. 0063] “the entropy-estimation-based control circuit 16 receives an estimated minimum entropy Me [randomness of second bit]”; [para. 0065] “the entropy-estimation-based control circuit 16 adds nxMinEntropy to the variable SUM [a randomness of the second sequence as the new nxMinEntropy is different from the first time around] ... the entropy-estimation-based control circuit 16 checks whether the value of the variable SUM [a randomness of the second sequence] is greater than ExL [a predetermined randomness – see para. 0049] ... If the check result indicates YES, the entropy-estimation-based control circuit 16 sends an input completion signal”; [para. 0077] “upon receiving a control signal indicative of input completion ... the LFSR control circuit 41 causes ... data [the second sequence] ... to be output as entropy-compressed physical random numbers”; [para. 0086] “entropy-compressed physical random numbers ... supplied to the encryption arithmetic apparatus .... generate a ... key [a second pseudo random number]”) and higher than a minimum target value, ([para. 0064] “Me [randomness of the second sequence] being ... larger than ... M [a minimum target value – see para. 0007: “the minimum per-bit entropy M”]”) the minimum target value being lower than the predetermined randomness. ([Para. 0008] “the entropy of a random number sequence generated [the predetermined randomness] by the physical random number generator exceeds the estimated minimum entropy M”) Kokubo does not clearly teach wherein the controller is configured to, when the randomness of the first sequence is equal to or less than the minimum target value, notify the host of an error and set the memory system in an error state in which the memory system does not execute any input/output (I/O) command issued by the host. However, Wilber teaches wherein the controller is configured to, ([Wilber, para. 0011] “a controller for accepting a trigger input for initiating a random number generation”) when the randomness of the first sequence is equal to or less than the minimum target value, ([para. 0034] “the outputs of the ... generators ... the output sequences ... to have an estimated entropy of at least 0.9 bits/bit ... If this requirement fails”) notify the host of an error and set the memory system in an error state ([para. 0036] “if the estimated minimum entropy falls below 0.99 ... the interface monitoring program halts data transfer and generates an error message [notify the host of an error] ... halt condition [error state]”) in which the memory system does not execute any input/output (I/O) command ([para. 0005] “implement a true random generator in a ... Field-Programmable Gate Array [memory]”; [para. 0034-0035] “The internal hardware monitoring requires at least two of the three generators to have an estimated entropy of at least 0.9 bits/bit ... If this requirement fails, the output from the generator is halted ... an error message is generated and no random data is provided”) issued by the host. ([Para. 0038] “output bits are transferred ... via US interface to a TRNG driver in a computer [by the host]”) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo with the teachings of Wilber to include wherein the controller is configured to, when the randomness of the first sequence is equal to or less than the minimum target value, notify the host of an error and set the memory system in an error state in which the memory system does not execute any input/output (I/O) command issued by the host. One of ordinary skill in the art would have been motivated to make this modification because this reduces the possibility of any fault in transmission or handling before the random data is finally made available for use. (Wilber, para. 0036) Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kokubo in view of Wilber, as applied to claim 1 above, further in view of Potlapally et al. (US Pub. 2014/0245425) (hereinafter “Potlapally”). As per claim 2, Kokubo in view of Wilber teaches claim 1. Kokubo does not clearly teach wherein the predetermined randomness is changeable based on at least one of the randomness of the first sequence and a randomness of the second sequence. However, Potlapally teaches wherein the predetermined randomness is changeable based on at least one of the randomness of the first sequence and a randomness of the second sequence. ([Potlapally, para. 0073 “the service-provided data may be added to a primary entropy pool ... a pool of random bits [predetermined randomness] to be used by local entropy extraction components for random-number-related operations ... Depending on the nature of the local sources of entropy available, the combination of the server-provided random data [first sequence – see for example, para. 0022] with the locally-generated random data [second sequence] may enhance [change/is changeable] the quality of the primary entropy pol substantially [based on the first sequence and second sequence] ... For example, some hosts may typically rely on hardware interrupt sequences. ... to populate their local primary entropy pools ... the hardware interrupt sequences that are natively or locally available at a given host ... may reduce the statistical independence of the random data that can be provided [change randomness based on the randomness of the first sequence] ... The combination of random data from even one high-quality entropy source of the service [based on at least a randomness of the second sequence]”) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo in view of Wilber with the teachings of Potlapally to include wherein the predetermined randomness is changeable based on at least one of the randomness of the first sequence and a randomness of the second sequence. One of ordinary skill in the art would have been motivated to make this modification because the combination may also have the security benefit that the final data received by the consumer is different from that provided by the service, and in the unlikely event that a malicious attacker successfully penetrates the random data service, the attacker would still not be able to determine the random data used by the consumer. (Potlapally, para. 0073) As per claim 3, Kokubo in view of Wilber teaches claim 1. Kokubo also teaches wherein the first and second sequences have first and second lengths, respectively. ([Kokubo, para. 0063] “in the case in which n-bit physical random numbers are received m times, the physical random numbers obtained through these m receptions are put together and stored as physical random numbers of mxn bits in the latch or the like”; as described above, the length of the first sequence is n and the length of the second sequence, having the steps repeated, is 2n) Kokubo in view of Wilber does not clearly teach at least one of the first length, the second length, and the predetermined randomness is changeable. However, Potlapally teaches at least one of the first length, the second length, and the predetermined randomness is changeable. ([Potlapally, para. 0027] “an indication of desired statistical qualities of the random data needed or requested by a particular consumer may be available to the service, and such indications may be used to select [change] the producers and/or the specific entropy sources to use ... random numbers of "high", "medium" or "low" quality [the predetermined randomness is changeable”; [para. 0040] “service delivery parameters for random data collections to be provided to a customer ... delivery parameters may govern [change] how much random data is to be provided in one transfer ... the length of a bit string [first and second length as there are from a plurality of collections] to be provided”) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo in view of Wilber with the teachings of Potlapally to include at least one of the first length, the second length, and the predetermined randomness is changeable. One of ordinary skill in the art would have been motivated to make this modification because such a flexible approach may reduce client billing costs for random data. (Potlapally, para. 0030) Claims 4 and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kokubo in view of Wilber (in the case of claim 4, as applied to claim 1 above) and in view of Best et al. (US Pub. 2015/0117646) (hereinafter “Best”). As per claim 4, Kokubo in view of Wilber teaches claim 1. Kokubo does not clearly teach wherein the host is notified when the randomness of the first sequence is lower than the predetermined randomness. However, Best teaches wherein the host is notified when the randomness of the first sequence is lower than the predetermined randomness. ([Best, para. 0040] “The user of the mobile communication device may also be notified of the entropy strength of the source data [randomness of the first sequence] ... whenever one or more threshold values are not met [lower than the predetermined randomness”) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo in view of Wilber with the teachings of Best to include wherein the host is notified when the randomness of the first sequence is lower than the predetermined randomness. One of ordinary skill in the art would have been motivated to make this modification because such a modification ensures that a sufficient amount of entropy data is readily available as to avoid communication delays. (Best, para. 0043) As per claim 10, Kokubo teaches a method performed by a memory system, comprising: ([Kokubo, para. 0002] “The disclosures herein relate to ... a method of generating a random number, and a system for generating a random number”; [Fig. 11] the system includes memory ROM 62 and RAM 63) upon issuance of a command by a host, generating a first sequence of random number bits; ([Kokubo, para. 0044] “The generation of a 1-bit physical random number by the physical random number generation circuit 10 is repeated n times, so that n bits of physical random numbers are stored in the register 11 [generate a first sequence of random number bits]”; [para. 0086] “The CPU 64 operates based on data and programs stored in the ROM 62 and the RAM 63, so that a random number generation process ... [generate a first sequence of random number bits] under to the control of the CPU 64 [upon issuance of a command by a host]”) comparing a randomness of the first sequence with a predetermined randomness; ([Kokubo, para. 0063] “the entropy-estimation-based control circuit 16 receives an estimated minimum entropy Me [randomness of a bit of the first sequence]” [para. 0065] “the entropy-estimation-based control circuit 16 adds nxMinEntropy [a randomness of the first sequence] to the variable SUM ... the entropy-estimation-based control circuit 16 checks whether the value of the variable SUM [a randomness of the first sequence as SUM starts at 0] is greater than ExL [a predetermined randomness – see para. 0049]”) when the randomness of the first sequence is higher or equal to the predetermined randomness, generating a first pseudo random number based on the first sequence; ([Kokubo, para. 0065] “If the check result indicates YES, the entropy-estimation-based control circuit 16 sends an input completion signal”; [para. 0077] “upon receiving a control signal indicative of input completion ... the LFSR control circuit 41 causes ... data [the first sequence] ... to be output as entropy-compressed physical random numbers”; [para. 0086] “entropy-compressed physical random numbers ... supplied to the encryption arithmetic apparatus .... generate a ... key [generating a first pseudo random number]”) when the randomness of the first sequence is lower than the predetermined randomness (Examiner notes that this limitation is a contingent limitation, however, as this limitation is also included in the system claim and the limitations are also taught by Kokubo, the mapping as followed is provided; [Kokubo, para. 0065] “If the check result indicates NO, [when the randomness of the first sequence is lower than the predetermined randomness] the procedure goes back to step S22 to repeat the subsequent steps”) and higher than a minimum target value, ([para. 0064] “Me [randomness of the second sequence] being ... larger than ... M [a minimum target value – see para. 0007: “the minimum per-bit entropy M”]”) the minimum target value being lower than the predetermined randomness, ([Para. 0008] “the entropy of a random number sequence generated [the predetermined randomness] by the physical random number generator exceeds the estimated minimum entropy M”) updating the first sequence to a second sequence of random number bits, and generating a second pseudo random number based on the second sequence. ([Para. 0063] “the entropy-estimation-based control circuit 16 receives an estimated minimum entropy Me [randomness of second bit]”; [para. 0065] “the entropy-estimation-based control circuit 16 adds nxMinEntropy to the variable SUM [a randomness of the second sequence as the new nxMinEntropy is different from the first time around] ... the entropy-estimation-based control circuit 16 checks whether the value of the variable SUM [a randomness of the second sequence] is greater than ExL [a predetermined randomness – see para. 0049] ... If the check result indicates YES, the entropy-estimation-based control circuit 16 sends an input completion signal”; [para. 0077] “upon receiving a control signal indicative of input completion ... the LFSR control circuit 41 causes ... data [the second sequence] ... to be output as entropy-compressed physical random numbers”; [para. 0086] “entropy-compressed physical random numbers ... supplied to the encryption arithmetic apparatus .... generate a ... key [a second pseudo random number]”) Kokubo does not clearly teach writing or reading data to or from a memory using the generated pseudo random number, wherein the method further comprises, when the randomness of the first sequence is equal to or less than the minimum target value, notifying the host of an error and setting the memory system in an error state in which the memory system does not execute any input/output (I/O) command issued by the host. However, Wilber teaches wherein the method further comprises, (Examiner notes that this limitation is a contingent limitation, however, as this limitation is also included in the system claim and the limitations are also taught by Wilber, the mapping as followed is provided) when the randomness of the first sequence is equal to or less than the minimum target value, ([Wilbur, para. 0034] “the outputs of the ... generators ... the output sequences ... to have an estimated entropy of at least 0.9 bits/bit ... If this requirement fails”) notifying the host of an error and setting the memory system in an error state ([para. 0036] “if the estimated minimum entropy falls below 0.99 ... the interface monitoring program halts data transfer and generates an error message”) in which the memory system does not execute any input/output (I/O) command ([para. 0005] “implement a true random generator in a ... Field-Programmable Gate Array [memory]”; [para. 0034] “The internal hardware monitoring requires at least two of the three generators to have an estimated entropy of at least 0.9 bits/bit ... If this requirement fails, the output from the generator is halted”) issued by the host. ([Para. 0038] “output bits are transferred ... via US interface to a TRNG driver in a computer [by the host]”) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo with the teachings of Wilber to include wherein the method further comprises, when the randomness of the first sequence is equal to or less than the minimum target value, notifying the host of an error and setting the memory system in an error state in which the memory system does not execute any input/output (I/O) command issued by the host. One of ordinary skill in the art would have been motivated to make this modification because this reduces the possibility of any fault in transmission or handling before the random data is finally made available for use. (Wilber, para. 0036) Kokubo in view of Wilber does not clearly teach writing or reading data to or from a memory using the generated pseudo random number. However, Best teaches writing or reading data to or from a memory using the generated pseudo random number. ([Best para. 0042] “the entropy data may be immediately retrieved from the entropy data cache to be applied to a cipher algorithm [using the pseudo random number] for encrypting information that is to be transmitted [writing data to] over a network to a receiving device [to a memory – see para. 0020: “Memory 200 ... to store ... communications received”]) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo in view of Wilber with the teachings of Best to include writing or reading data to or from a memory using the generated pseudo random number. One of ordinary skill in the art would have been motivated to make this modification because such a modification provides the benefit of allowing for highly secure cryptographic operations for communication. (Best, para. 0034) As per claim 11, Kokubo in view of Wilber and Best teaches claim 10. Kokubo also teaches updating the second sequence to a third sequence of random number bits when a randomness of the second sequence is lower than the predetermined randomness. ([Kokubo, para. 0065] “If the check result indicates NO, [continuing from above, when the randomness of the second sequence is lower than the predetermined randomness] the procedure goes back to step S22 to repeat the subsequent steps”; [para. 0063] “the entropy-estimation-based control circuit 16 receives an estimated minimum entropy Me [randomness of third bits in third sequence]”; [para. 0065] “the entropy-estimation-based control circuit 16 adds nxMinEntropy to the variable SUM [updating second sequence as SUM on the third iteration is the second sequence] ... the entropy-estimation-based control circuit 16 checks whether the value of the variable SUM is greater than ExL ... If the check result indicates YES, the entropy-estimation-based control circuit 16 sends an input completion signal”; [para. 0077] “upon receiving a control signal indicative of input completion ... the LFSR control circuit 41 causes ... data [the third sequence] ... to be output as entropy-compressed physical random numbers”) As per claim 12, Kokubo in view of Wilber and Best teaches claim 11. Kokubo does not clearly teach notifying the host when the randomness of the first sequence is lower than the predetermined randomness. However, Best teaches notifying the host when the randomness of the first sequence is lower than the predetermined randomness. ([Best, para. 0040] “The user of the mobile communication device may also be notified of the entropy strength of the source data [randomness of the first sequence] ... whenever one or more threshold values are not met [lower than the predetermined randomness”) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to combine the teachings of Kokubo, Wilber and Best for the same reasons as disclosed above. As per claim 13, Kokubo in view of Wilber and Best teaches claim 12. Kokubo does not clearly teach encrypting data to be written to the memory using the generated pseudo random number. However, Best teaches encrypting data to be written to the memory using the generated pseudo random number. ([Best para. 0042] “the entropy data may be immediately retrieved from the entropy data cache to be applied to a cipher algorithm [using the pseudo random number] for encrypting information that is to be transmitted [writing data to] over a network to a receiving device [to a memory – see para. 0020: “Memory 200 ... to store ... communications received”]) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to combine the teachings of Kokub, Wilber and Best for the same reasons as disclosed above. As per claim 14, Kokubo in view of Wilber and Best teaches claim 12. Kokubo also teaches deterministically generating the first or second sequence in conformity with security standards of NIST SP 800-90. ([Kokubo, para. 0031] “the health test circuit 12 performs a test process for checking the randomness of a predetermined number of bits of the physical random numbers ... In respect of a physical random number generator complying with SP800-90B defined by the National Institute of Standards and Technology in the United States, specific health tests are required to be performed ... the case of the results of the test process by the health test circuit 12 indicating satisfactory randomness, the control circuit 13 supplies the predetermined number of physical random numbers stored in the register 11 to the entropy compressing apparatus 14”) As per claim 15, Kokubo in view of Wilber and Best teaches claim 12. Kokubo also teaches wherein the memory includes a nonvolatile memory. ([Kokubo, para. 0057] “value of the variable ... stored in a nonvolatile memory device”; [para. 0086] “The CPU 64 operates based on data and programs stored in the ROM 62 and the RAM 63”) As per claim 16, Kokubo in view of Wilber and Best teaches claim 15. Kokubo also teaches wherein the second sequence is longer than the first sequence. ([Kokubo, para. 0063] “in the case in which n-bit physical random numbers are received m times, the physical random numbers obtained through these m receptions are put together and stored as physical random numbers of mxn bits in the latch or the like”; as described above, the length of the first sequence is n and the length of the second sequence, having the steps repeated, is 2n, which is longer than n) Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kokubo in view of Wilber and Best as applied to claim 4 above, and further in view of Potlapally. As per claim 5, Kokubo in view of Wilber and Best teaches claim 4. Kokubo in view of Wilber and Best does not clearly teach wherein the predetermined randomness is changeable based on at least one of the randomness of the first sequence and a randomness of the second sequence. However, Potlapally teaches wherein the predetermined randomness is changeable based on at least one of the randomness of the first sequence and a randomness of the second sequence. ([Potlapally, para. 0073 “the service-provided data may be added to a primary entropy pool ... a pool of random bits [predetermined randomness] to be used by local entropy extraction components for random-number-related operations ... Depending on the nature of the local sources of entropy available, the combination of the server-provided random data [first sequence – see for example, para. 0022] with the locally-generated random data [second sequence] may enhance [change/is changeable] the quality of the primary entropy pol substantially [based on the first sequence and second sequence] ... For example, some hosts may typically rely on hardware interrupt sequences. ... to populate their local primary entropy pools ... the hardware interrupt sequences that are natively or locally available at a given host ... may reduce the statistical independence of the random data that can be provided [change randomness based on the randomness of the first sequence] ... The combination of random data from even one high-quality entropy source of the service [based on at least a randomness of the second sequence]”) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo in view of Wilber and Best with the teachings of Potlapally to include wherein the predetermined randomness is changeable based on at least one of the randomness of the first sequence and a randomness of the second sequence. One of ordinary skill in the art would have been motivated to make this modification because the combination may also have the security benefit that the final data received by the consumer is different from that provided by the service, and in the unlikely event that a malicious attacker successfully penetrates the random data service, the attacker would still not be able to determine the random data used by the consumer. (Potlapally, para. 0073) As per claim 6, Kokubo in view of Wilber and Best and further in view of Potlapally teaches claim 5. Kokubo in view of Wilber and Potlapally does not clearly teach wherein data that is written to the memory is encrypted using the pseudo random number generated by the RNG circuit. However, Best teaches wherein data that is written to the memory is encrypted using the pseudo random number generated by the RNG circuit. ([Best para. 0042] “the entropy data may be immediately retrieved from the entropy data cache to be applied to a cipher algorithm [using the pseudo random number] for encrypting information that is to be transmitted [writing data to] over a network to a receiving device [to a memory – see para. 0020: “Memory 200 ... to store ... communications received”]) It would have been obvious before the effective filing date of the claimed invention for one of ordinary skill in the art to have modified the elements disclosed by Kokubo in view of Wilber and Potapally with the teachings of Best to include wherein data that is written to the memory is encrypted using the pseudo random number generated by the RNG circuit. One of ordinary skill in the art would have been motivated to make this modification because such a modification provides the benefit of allowing for highly secure cryptographic operations for communication. (Best, para. 0034) As per claim 7, Kokubo in view of Wilber, Best and Potapally teaches claim 6. Kokubo also teaches wherein the RNG circuit includes a deterministic random bit generator configured to generate the first and second sequences in conformity with security standards of NIST SP 800-90. [Kokubo, para. 0031] “the health test circuit 12 performs a test process for checking the randomness of a predetermined number of bits of the physical random numbers ... In respect of a physical random number generator complying with SP800-90B defined by the National Institute of Standards and Technology in the United States, specific health tests are required to be performed ... the case of the results of the test process by the health test circuit 12 indicating satisfactory randomness, the control circuit 13 supplies the predetermined number of physical random numbers stored in the register 11 to the entropy compressing apparatus 14”) As per claim 8, Kokubo in view of Wilber, Best and Potapally teaches claim 6. Kokubo also teaches wherein the memory includes a nonvolatile memory. ([Kokubo, para. 0057] “value of the variable ... stored in a nonvolatile memory device”; [para. 0086] “The CPU 64 operates based on data and programs stored in the ROM 62 and the RAM 63”) As per claim 9, Kokubo in view of Wilber, Best and Potapally teaches claim 8. Kokubo also teaches wherein the second sequence is longer than the first sequence. ([Kokubo, para. 0063] “in the case in which n-bit physical random numbers are received m times, the physical random numbers obtained through these m receptions are put together and stored as physical random numbers of mxn bits in the latch or the like”; as described above, the length of the first sequence is n and the length of the second sequence, having the steps repeated, is 2n, which is longer than n) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Sherwood et al. (US Pub. 2013/0325918) discloses balancing consumption of random data where a random number representing a medium level of entropy is generated that is higher than a lower level of entropy, but lower than a higher level of entropy. Tsirkin (US Pub. 2016/0342394) discloses where a read operation is blocked until the required quantity of entropy becomes available in the entropy pool. Khatib Zadeh et al. (US Pub. 2018/0287793) discloses to avoid erroneous read operations a period referred to as a “lockout period” is imposed which prevents any read operations when bit states are temporarily unstable and utilized in a random number generation mode to read random numbers from memory. 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 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 ZHE LIU whose telephone number is (571) 272-3634. The examiner can normally be reached on Monday - Friday: 8:30 AM to 5:30 PM. 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, Carl Colin can be reached on (571) 272-3862. 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 https://ppair-my.uspto.gov/pair/PrivatePair. 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. /ZHE LIU/Examiner, Art Unit 2493
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Prosecution Timeline

Jan 07, 2025
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §103
Aug 07, 2026
Interview Requested
Aug 14, 2026
Applicant Interview (Telephonic)
Aug 14, 2026
Examiner Interview Summary
Aug 18, 2026
Response Filed
Sep 14, 2026
Final Rejection mailed — §103 (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

3-4
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+58.5%)
2y 11m (~1y 2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 158 resolved cases by this examiner. Grant probability derived from career allowance rate.

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