If what we need to determine is whether existing theory of mind tests can be fooled by responses which appear to demonstrate theory of mind but not do so, then we need to speculate exactly how such tests can be fooled and devise new tests. Asking 'how could this 'successful' response be produced without ToM is quite possibly not something that ToM studies have had to consider very much before. A human's experiential memory contributes to their ToM. Does something that has a different kind of memory form no ToM but instead use some kind of 'proxy' for a ToM which yields similar results to a ToM (except when a more genuinely exclusively ToM-dependant model successfully manages to 'triage-out' such a proxy? I don't know how or whether such a proxy could work, but I think that every sceptic of the extent to which the results of this set of AI ToM experiments proves anything might want to ask themselves what, if anything, would need to happen, in terms of experiment design, to address their doubts.