Passing a ToM test is not what OP meant by having an "underlying theory of mind." OP's talking about the machine having an underlying mind (ie sentience, sapience, consciousness, etc), ToM tests are only testing output.
> You said "Those tasks could be completed a [sic] traditional static program.", and no, they can't. You're incorrect.
They can, a static program as I described would indeed answer that one question correctly, resulting in a positive ToM score, without seeing any training data whatsoever. Did the programmer see it? Maybe, but the machine didn't and it would pass the test regardless.
That's funny, I thought you said the test's answer was embedded into the program, making it definitionally not novel to the program.
Anyway, this is boring. You've had five or more opportunities to understand what the word "novel" means in an ML testing context and are choosing wilful obtuseness instead.
OP was not speaking in the ML testing context, hence the misunderstanding.