DETAILED ACTION
This Office action follows the Restriction Requirement filed on 5/2/2024 and is responsive to applicant’s reply filed on 6/30/2026. Currently, claims 1-15 are pending.
Election/Restrictions
Applicant’s election of Species D, embodied by Fig. 10 in the reply filed on 6/30/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/30/2026.
Drawings
The drawings are objected to because of the following informalities:
Figures 2 and 4-9, the poor line quality and shading renders part or all of the drawing illegible when reproduced. 37 CFR 1.84(l) (m) and (p)(1). 37 CFR 1.84(l) recites, “[a]ll drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.” Applicant is requested to submit replacement drawings in the same style of Figures 3 and 10-11 that are black lines on a white background.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "605" and "Outer Cover" (Fig. 10) have both been used to designate an outer cover of the sill plate. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
“17” (Fig. 10). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-11 are objected to because of the following informalities:
Claim 1, “said system” (line 1) is objected to because the limitation does not properly refer to the previously recited building opening assembly extension system and thus lacks antecedent basis. This objection can be overcome by reciting, “A building opening assembly extension system comprising:” or alternatively, “A building opening assembly extension system, the building opening assembly extension system comprising:”.
Claims 2-11, “The system” (line 1) is objected to because the limitation does not properly refer to the previously recited building opening assembly extension system and thus lacks antecedent basis. This objection can be overcome by reciting, “The building opening assembly extension system”.
Claim 2, “configured to extends” is objected to because the limitation appears to contain a typo. This objection can be overcome by reciting, “configured to extend” or equivalent. See also claims 3-6 and 8.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pettibone (US 10472882).
Claim 1, Pettibone provides a building opening assembly extension system, said system comprising:
a sill plate (10; Figs. 8-9; see annotated Fig. 9 of Pettibone shown below in Examiner’s Notes) configured to extend from a rough opening of an inner cavity wall of a building past a veneer of the building and below a top of the veneer of the building when the veneer is installed on the building and the sill plate is installed in the rough opening (the sill plate is suitable to extend from a rough opening of an inner cavity wall of a building past a veneer of the building and below a top of the veneer of the building when the veneer is installed on the building and the sill plate is installed in the rough opening, as the sill plate is shown in an installed position in Fig. 9; col. 2, lines 19-22; col. 3, lines 1-3; col. 6, lines 1-18), wherein an opening assembly 20 installed in the rough opening is supported by the sill plate (Fig. 9).
Claim 2, Pettibone further provides wherein: the sill plate comprises an inner diverter (annotated Fig. 9) configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; Fig. 9).
Claim 3, Pettibone further provides wherein: the sill plate comprises an inner diverter (annotated Fig. 9) configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; Fig. 9);
the inner diverter comprises a dam portion (annotated Fig. 9; note that under the broadest reasonable interpretation, the entire area above 14 could be reasonably construed as a dam portion, as exceedingly broadly claimed; see also alternative dam portion in annotated Fig. 9 that also could be construed as a dam portion, as exceedingly broadly claimed), an extension portion (annotated Fig. 9), and a cover portion (annotated Fig. 9);
the dam portion is connected to an inner edge of the extension portion (annotated Fig. 9) and protrudes higher than the extension portion when the sill plate is installed on the building (annotated Fig. 9); and
the cover portion is connected to an outer edge of the extension portion and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (annotated Fig. 9).
Claim 4, Pettibone further provides wherein:
the sill plate comprises an inner diverter (annotated Fig. 9) configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; annotated Fig. 9);
the inner diverter comprises a dam portion (annotated Fig. 9; note that under the broadest reasonable interpretation, the entire area above 14 could be reasonably construed as a dam portion, as exceedingly broadly claimed; see also alternative dam portion in annotated Fig. 9 that also could be construed as a dam portion, as exceedingly broadly claimed), an extension portion (annotated Fig. 9), and a cover portion (annotated Fig. 9);
the dam portion is connected to an inner edge of the extension portion and protrudes higher than the extension portion when the sill plate is installed on the building (annotated Fig. 9);
the cover portion is connected to an outer edge of the extension portion and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (annotated Fig. 9); and
the sill plate further comprises a block (14; under the broadest reasonable interpretation under the plain meaning and in light of the specification, element 14 constitutes a block, as exceedingly broadly claimed; Fig. 9) supporting and at least partially filling the dam portion of the inner diverter (under the broadest reasonable interpretation, 14 supports and at least partially fills the dam portion, as exceedingly broadly claimed; annotated Fig. 9).
Claim 5, Pettibone further provides wherein: the sill plate comprises an inner diverter (annotated Fig. 9) configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; annotated Fig. 9);
the inner diverter comprises a dam portion (annotated Fig. 9; note that under the broadest reasonable interpretation, the entire area above 14 could be reasonably construed as a dam portion, as exceedingly broadly claimed; see also alternative dam portion in annotated Fig. 9 that also could be construed as a dam portion, as exceedingly broadly claimed), an extension portion (annotated Fig. 9), and a cover portion (annotated Fig. 9);
the dam portion is connected to an inner edge of the extension portion and protrudes higher than the extension portion when the sill plate is installed on the building (annotated Fig. 9); and
the cover portion is connected to an outer edge of the extension portion and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (annotated Fig. 9).
Claim 8, Pettibone further provides wherein: the sill plate comprises an inner diverter (annotated Fig. 9) configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; annotated Fig. 9);
the inner diverter comprises a dam portion ((annotated Fig. 9; note that under the broadest reasonable interpretation, the entire area above 14 could be reasonably construed as a dam portion, as exceedingly broadly claimed; see also alternative dam portion in annotated Fig. 9 that also could be construed as a dam portion, as exceedingly broadly claimed), an extension portion (annotated Fig. 9), and a cover portion (annotated Fig. 9);
the dam portion is connected to an inner edge of the extension portion and protrudes higher than the extension portion when the sill plate is installed on the building (annotated Fig. 9);
the cover portion is connected to an outer edge of the extension portion and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (annotated Fig. 9); and
the dam portion is configured to support a mounting tab 13 of the opening assembly (under the broadest reasonable interpretation, element 13 comprises a mounting tab that is supported by the dam portion and supports the opening assembly 20; annotated Fig. 9) such that the opening assembly is spaced upward from the extension portion when the sill plate and opening assembly are installed in the rough opening (annotated Fig. 9).
Claim 9, Pettibone further provides wherein: the sill plate comprises an outer cover (33 or alternatively 12, a portion of which is labeled as cover portion in annotated Fig. 9; see drawing objection above with respect to applicant’s disclosure of “605” and “outer cover”) configured to extend from under the opening assembly to past the veneer when the sill plate, opening assembly, and veneer are installed on the building (Fig. 9).
Claim 10, Pettibone further provides wherein: the sill plate comprises an inner diverter (annotated Fig. 9);
the sill plate comprises an outer cover 33, the outer cover is configured to extend from under the opening assembly to past the veneer and below a cover portion of the inner diverter when the sill plate, opening assembly, and veneer are installed on the building (annotated Fig. 9).
Claim 11, Pettibone further provides wherein: the sill plate comprises an outer cover (12, a portion of which is labeled as cover portion in annotated Fig. 9; see drawing objection above with respect to applicant’s disclosure of “605” and “outer cover”) configured to extend from under the opening assembly to past the veneer when the sill plate, opening assembly, and veneer are installed on the building (the outer cover is suitable to extend from under the opening assembly to past the veneer when the sill plate, opening assembly and veneer are installed on the building; annotated Fig. 9);
the sill plate comprises a plurality of spacers (plastic shims 32);
the outer cover comprises a top and a front (note that portion 12 comprises several different tops and several different fronts; Fig. 9);
the spacers are configured to support the top of the outer cover such that an air gap exists between the top of the outer cover and a surface below the top of the outer cover (the spacers are suitable to support the top of the outer cover 12 such that an air gap exists between the top of the outer cover 12 and a surface below the top of the outer cover (air gap in between top of 12 and 33); and
the spacers are configured to space the front of the outer cover from a surface behind the front of the outer cover (the spacers are suitable to space the front of 12 from a surface behind the front of the outer cover, such as veneer in annotated Fig. 9).
Claim(s) 1-7 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morton et al. (US 6055782) (‘Morton’).
Claim 1, Morton provides a building opening assembly extension system, said system comprising:
a sill plate 25 configured to extend from a rough opening of an inner cavity wall of a building past a veneer of the building and below a top of the veneer of the building when the veneer is installed on the building and the sill plate is installed in the rough opening (the sill plate is suitable to extend from a rough opening of an inner cavity wall of a building past a veneer of the building and below a top of the veneer of the building when the veneer is installed on the building and the sill plate is installed in the rough opening, as exceedingly broadly claimed; Figs. 1-4), wherein an opening assembly 10 installed in the rough opening is supported by the sill plate (Figs. 1-4).
Claim 2, Morton further provides wherein: the sill plate comprises an inner diverter 29 configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; Figs. 1-4).
Claim 3, Morton further provides wherein: the sill plate comprises an inner diverter 29 configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; Figs. 1-4);
the inner diverter comprises a dam portion 95, an extension portion (31, 46), and a cover portion 50;
the dam portion is connected to an inner edge of the extension portion (Fig. 4) and protrudes higher than the extension portion when the sill plate is installed on the building (Fig. 4); and
the cover portion is connected to an outer edge of the extension portion (Fig. 4) and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (Fig. 4).
Claim 4, Morton further provides wherein: the sill plate comprises an inner diverter 27 configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; Figs. 1-4);
the inner diverter comprises a dam portion 95, an extension portion (27, 46), and a cover portion 50;
the dam portion is connected to an inner edge of the extension portion (Fig. 4) and protrudes higher than the extension portion when the sill plate is installed on the building (Fig. 4);
the cover portion is connected to an outer edge of the extension portion (Fig. 4) and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (Fig. 4); and
the sill plate further comprises a block supporting and at least partially filling the dam portion of the inner diverter (under the broadest reasonable interpretation, element 98 constitutes a block that supports and at least partially fills the dam portion of the inner diverter, as exceedingly broadly claimed; Figs. 1-4).
Claim 5, Morton further provides wherein: the sill plate comprises an inner diverter 29 configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; Figs. 1-4);
the inner diverter comprises a dam portion 95, an extension portion (31, 46), and a cover portion 50;
the dam portion is connected to an inner edge of the extension portion (Fig. 4) and protrudes higher than the extension portion when the sill plate is installed on the building (Fig. 4);
the cover portion is connected to an outer edge of the extension portion (Fig. 4) and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (Fig. 4).
Claim 6, Morton further provides wherein: the sill plate comprises an inner diverter 29 configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building; Figs. 1-4);
the inner diverter comprises a dam portion 95, an extension portion (31, 46), and a cover portion 50;
the dam portion is connected to an inner edge of the extension portion (Fig. 4) and protrudes higher than the extension portion when the sill plate is installed on the building (Fig. 4);
the cover portion is connected to an outer edge of the extension portion and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (Fig. 4); and
the dam portion has a rear face (rear face of 95; Figs. 1-4) configured to extend below the rough opening and attach to an interior side of the interior cavity wall (the rear face is suitable to extend below the rough opening and attach to an interior side of the interior cavity wall Figs. 1-4).
Claim 7, Morton further provides wherein: the sill plate is configured to extend substantially completely between opposing vertical sides of the rough opening (the sill plate is suitable to extend substantially completely between opposing vertical sides of the rough opening; Figs. 1-4).
Claim 9, Morton further provides wherein: the sill plate comprises an outer cover (50 or alternatively 38) configured to extend from under the opening assembly to past the veneer when the sill plate, opening assembly, and veneer are installed on the building (Figs. 1-4).
Claim 10, Morton further provides wherein: the sill plate comprises an inner diverter 29; the sill plate comprises an outer cover 38, the outer cover is configured to extend from under the opening assembly to past the veneer and below a cover portion of the inner diverter when the sill plate, opening assembly, and veneer are installed on the building (Figs. 1-4).
Claim 11, Morton further provides wherein: the sill plate comprises an outer cover 50 configured to extend from under the opening assembly to past the veneer when the sill plate, opening assembly, and veneer are installed on the building (Figs. 1-4);
the sill plate comprises a plurality of spacers 32;
the outer cover comprises a top and a front (top and front of 50 and 27, inclusively; Figs. 1-4);
the spacers are configured to support the top of the outer cover such that an air gap exists between the top of the outer cover and a surface below the top of the outer cover (Figs. 1-4); and
the spacers are configured to space the front of the outer cover from a surface behind the front of the outer cover (Figs. 1-4).
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.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pettibone (US 10472882) in view of FR 2537199 (‘FR ‘199’).
Claim 6, Pettibone further teaches wherein: the sill plate comprises an inner diverter (annotated Fig. 9) configured to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building (the inner diverter is suitable to extend from behind the opening assembly installed in the rough opening outwardly from the rough opening to past the veneer of the building when the inner diverter, opening assembly, and veneer are installed on the building);
the inner diverter comprises a dam portion (annotated Fig. 9; note that under the broadest reasonable interpretation, the entire area above 14 could be reasonably construed as a dam portion, as exceedingly broadly claimed; see also alternative dam portion in annotated Fig. 9 that also could be construed as a dam portion, as exceedingly broadly claimed), an extension portion (annotated Fig. 9), and a cover portion (annotated Fig. 9);
the dam portion is connected to an inner edge of the extension portion and protrudes higher than the extension portion when the sill plate is installed on the building (annotated Fig. 9);
the cover portion is connected to an outer edge of the extension portion and extends downward from the extension portion below a top of the veneer when the sill plate and veneer are installed on the building (annotated Fig. 9).
Although Pettibone teaches the alternative dam being located at a rear portion of the building opening assembly extension system (annotated Fig. 9), Pettibone does not teach the dam portion having a rear face configured to extend below the rough opening and attach to an interior side of the interior cavity wall.
However, FR ‘199 teaches a building opening assembly extension system, comprising a rear face configured to extend below a rough opening and attach to an interior side of an interior cavity wall. It would have been obvious to one of ordinary skill in the art, to modify the dam portion such that a rear face of the dam portion is configured to extend below the rough opening and attach to an interior side of the interior cavity wall, with the reasonable expectation of success of using a known technique to cover the transition between the interior wall and the rough opening.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pettibone (US 10472882) in view of Morton et al. (US 6055782) (‘Morton’).
Claim 7, Pettibone teaches all the limitations of claim 1 as above. Pettibone does not teach wherein the sill plate is configured to extend substantially completely between opposing vertical sides of the rough opening. However, Morton teaches a building opening assembly extension system, comprising a sill plate that is configured to extend substantially completely between opposing vertical sides of a rough opening (Figs. 1-4). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the building opening assembly extension system such that the sill plate is configured to extend substantially completely between opposing vertical sides of the rough opening, with the reasonable expectation of success of using known means to cover and conceal the rough opening.
Examiner’s Notes
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514
702
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Annotated Fig. 9 of Pettibone (US 10472882)
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478
643
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Annotated Fig. 9 of FR 2537199 (‘FR ‘199’)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635
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