Prosecution Insights
Last updated: October 01, 2026
Application No. 18/139,840

ATOMIC LAYER ETCHING (ALE) APPARATUS AND ALE METHOD BASED ON THE APPARATUS

Final Rejection §103
Filed
Apr 26, 2023
Priority
Jul 20, 2022 — RE 10-2022-0089884
Examiner
LAOBAK, ANDREW KEELAN
Art Unit
1700
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
46 granted / 61 resolved
+10.4% vs TC avg
Strong +34% interview lift
Without
With
+34.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
25 currently pending
Career history
84
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
62.6%
+22.6% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 61 resolved cases

Office Action

§103
DETAILED ACTION 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 . Status of the Claims This is a final office action in response to the applicant’s arguments and remarks filed on 01/20/2026. Claims 1-9, 12-17, and 21-22 are pending in the current office action. Claims 1-5 and 12-14 have been amended by the applicant and Claims 21-22 are new claims. Claims 10-11 and 18-20 have been cancelled. Status of the Rejection All 35 U.S.C. § 112(b) rejections from the previous office action are withdrawn in view of the Applicant’s amendment. The rejection of claims 10-11 is obviated by the Applicant’s cancellation. All 35 U.S.C. § 102 and 103 rejections from the previous office action are withdrawn in view of the Applicant’s amendment. New grounds of rejection under 35 U.S.C. § 103 are necessitated by the amendments. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-9, 12-17, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer et al. (US-20230326761-A1) in view of Kim et al. (KR-20220087968-A, machine translation). Regarding Claim 1, Fischer teaches an atomic layer etching (ALE) method (Paragraph [0054] ALE processes taught) comprising: operation (a) of loading a substrate having a first surface and a second surface disposed opposite to the first surface, onto a chuck disposed inside a process chamber, the chuck a plurality of grips protruding upward and configured to support the substrate in a position spaced apart from the support (Paragraph [0073] wafer is provided to a processing chamber. Paragraph [0126] an electrostatic chuck can be used. Paragraph [0126] chamber can have a wafer support pedestal that includes lift pins); operation (b) of cooling the substrate to a first temperature through a cooling fluid (Paragraphs [0054-0057] substrate is maintained at a first temperature while modifying molecules are flowed onto it); operation (c) of forming a modified layer on the substrate through a reaction between a first source gas and the first surface of the substrate by spraying the first source gas toward the substrate from a shower head positioned above the chuck (Paragraphs [0054-0056] substrate is modified with chemical adsorption with a first process gas that is flowed onto the substrate. Paragraph [0122] Figure 7 the first process gas is flowed from a flow feature (element 742), that can be a showerhead, and is located above the substrate (element 734)); operation (d) of heating the substrate to a second temperature by emitting, using a laser disposed inside the process chamber (Paragraphs [0080-0083] substrate is maintained at a second temperature, that can be higher than the first temperature, and achieved by heating the substrate. Paragraph [0130] laser heating may be used, where one or more lasers are in the chamber interior and may be positioned below the substrate); and operation (e) of removing the modified layer of the substrate through a reaction between a second source gas and the modified layer of the substrate (Paragraph [0083] modified surface layers may be removed by the use of a second process gas flowed onto the substrate). Fischer fails to teach spraying the second source gas from the shower head toward the first surface of the substrate. However, Fischer teaches that a process gas unit can supply the taught first and third process gases using flow features that can be a showerhead positioned above the substrate (Paragraph [0122] Figure 7 the first process gas is flowed using a process gas unit (element 724) that includes a flow feature (element 742), that can be a showerhead, and is located above the substrate (element 734). Paragraph [0143] process gas unit can flow the first and third process gases). It would have been obvious to one of ordinary skill in the art to have modified the method of Fischer by utilizing the same apparatus elements that are used for supplying other process gases in the methods taught by Fischer, for supplying the second process gas. This modification would have been obvious to one of ordinary skill in the art because the second process gas would have needed to be supplied by some means into the process chamber and Fischer teaches that the process gas unit is capable of supplying different gases during different method steps. Fischer fails to teach that the chuck includes a ring having a transparent window disposed in a center hole of the ring that that the heating to the second temperature comprises emitting a laser beam through the transparent window and onto the substrate. However, Fischer further teaches that laser heating may be used, where one or more lasers are in the chamber interior and may be positioned below the substrate (Paragraph [0130]). Fischer teaches that transparent windows for allowing heating light can be included within a pedestal or ESC, so that the light may reach the backside of the substrate (Paragraph [0128]). Kim teaches a substrate processing apparatus that includes a processing chamber that includes a laser which is used to irradiate a substrate (Paragraph [0010]). Kim teaches that the apparatus includes a support for the substrate that includes a window in the center of a ring that holds the substrate, where the window is transparent so that a laser beam can irradiate the substrate through the window (Paragraphs [0058-0060] Figure 2 substrate support unit (element 340) includes a spin housing (element 342) that is a ring around a hole that allows light up and through the window member (element 348)). It would have been obvious to one of ordinary skill in the art to have modified the method of Fischer by including within the chuck a ring with a transparent window such that a laser positioned below the substrate would be able to emit a laser beam through the transparent window to heat the substrate. This modification would have been obvious to one of ordinary skill in the art because Fischer teaches that transparent windows can be included within the substrate support and that a laser can be positioned below the substrate but fails to teach an exact design which would provide for this to work with a laser. This modification would have been obvious as it would have been the combination of prior art elements according to known methods to yield predictable results. This modification would have had the predictable result of the transparent window taught by Kim would be able to function as a means for allowing a laser beam to heat a substrate within the method of Fischer. See MPEP 2143(I)(A). Regarding Claim 2, modified Fischer teaches all the limitations of claim 1 as outlined above. Kim further teaches herein the ring is a circular ring and the transparent window disposed in a center hole of the circular ring (Paragraph [0061] Figure 2 spin housing (element 342) is cylindrical, which means that a cross section would be circular, where the window member (element 348) is centered over the spin housing and the hole inside it). Regarding Claim 3, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer further teaches wherein, in the operation (b), the cooling fluid flows in from a side of the substrate and flows above and below the substrate (Paragraph [0133] Figure 7 the substrate can be cooled with active cooling, which flows a cooling fluid into the process chamber to cool the substrate. Cooling fluid is provided into the chamber by flow features (elements 752), where each individual flow feature can be considered on some side of the substrate, such that the cooling fluid that that feature provides flows in from "a side of the substrate". Examiner takes the position that since the substrate is positioned such there is space both above and below the substrate where a gas can flow, during the cooling process cooling fluid will flow above and below the substrate). Regarding Claim 4, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer further teaches wherein a lens is disposed between the laser and the transparent window, and the laser beam passes through the lens and the transparent window in turn and heats the substrate (Paragraph [0130] laser heating may be used, where one or more lasers are in the chamber interior and may be positioned below the substrate. A laser positioned below the substrate would emit a laser beam through the transparent window, outlined in the method of modified Fischer in the rejection of claim 1, to heat the substrate). Regarding Claim 5, modified Fischer teaches all the limitations of claims 1 and 4 as outlined above. Fischer further teaches wherein a lens is disposed between the laser and the transparent window, and the laser beam passes through the lens and the transparent window in turn and heats the substrate (Paragraph [0128] gradient index lens can be positioned between a light source and the substrate, which can be a laser, to allow the light source to heat the substrate uniformly. This lens would have to be under the transparent window, as that would be the support for the substrate, thereby meeting the instant limitations). Regarding Claim 6, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer further teaches wherein operations (b), (c), (d), and (e) are repeated until a target film of the substrate reaches a set thickness (Paragraph [0085] Figure 1 blocks 103 and 105, which comprise method steps of claimed operations (b) through (e) can be repeated). Regarding Claim 7, modified Fischer teaches all the limitations of claims 1 and 6 as outlined above. Fischer further teaches wherein the target film comprises a metal oxide film, a metal nitride film, or a high dielectric film, in the operation (c), the first source gas comprises HF, SF4 or XeF4, and, in the operation (e), the second source gas comprises trimethylaluminum, Sn(acac)2, Al(CH3)3, Al(CH3)2Cl, SiCl4, TiCl4, BCl3, or WF6 (Paragraph [0074] first process gas can be HF. Paragraph [0120] target film can be aluminum oxide and removal gas can be trimethylaluminum). Regarding Claim 8, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer fails to explicitly teaches wherein the laser beam comprises a continuous wave having a wavelength from about 200 nm to about 1200 nm. However, Fischer teaches that the heating light emitted can have a wavelength of 400-1400 nm and can be provided as a laser (Paragraph [0128]). It would have been obvious to one of ordinary skill in the art to have modified the method Fischer by supplying the laser as a continuous wave. This modification would have been obvious to one of ordinary skill in the art because the laser would have to be supplied as either in a continuous or pulsed manner. Since there are only two possible alternatives, it would have been obvious to try either option to one of ordinary skill in the art. One of ordinary skill in the art would have had a reasonable expectation of success from the generic teaching of Fischer that either option could be suitable. See MPEP 2143(I)(E). It would have been obvious to one of ordinary skill in the art to have selected and incorporated a wavelength at a level within the disclosed range of 400-1400 nm, including at amounts that overlap with the claimed range of 200-1200 nm. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). Regarding Claim 9, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer fails to explicitly teach wherein the first temperature is from about 50°C to about 90°C, and the second temperature is from about 250°C to about 400°C. However, Fischer further teaches that the first temperature can be between about 20°C to 100°C and the second temperature can be between about 200°C to 600°C (Paragraph [0077] the first temperature can be between about 20-100°C. Paragraph [0084] the second temperature can be between about 200-600°C). It would have been obvious to one of ordinary skill in the art to have selected and incorporated a first temperature at a level within the disclosed range of 20°C to 100°C, including at amounts that overlap with the claimed range of 50°C to 90°C. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). It would have been obvious to one of ordinary skill in the art to have selected and incorporated a first temperature at a level within the disclosed range of 200°C to 600°C, including at amounts that overlap with the claimed range of 250°C to 400°C. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). Regarding Claim 12, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer further teaches wherein in the operation (d), the laser beam is irradiated onto the second surface of the substrate to heat the substrate (Paragraph [0130] laser heating may be used, where one or more lasers are in the chamber interior and may be positioned below the substrate, a laser heating the substrate that is positioned below the substrate would irradiate the second surface as claimed). Regarding Claim 13, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer further teaches wherein the transparent window is comprised of quartz (Paragraph [0128] teaches that quartz can be used for windows that heating light passes through). Regarding Claim 14, Fischer teaches an atomic layer etching (ALE) method (Paragraph [0054] ALE processes taught) comprising: operation (a) of loading a substrate having a first surface and a second surface, disposed opposite to the first surface, onto a support, the support including a cooling fluid flow pipe therein (Paragraph [0073] wafer is provided to a processing chamber. Paragraph [0135] substrate cooling can be conducted using a cooling platen that contacts the bottom of the substrate and has a cooling fluid flow through the platen. Platen can include lift pins that allow for raising the substrate off of the cooling platen during any operation that requires heating the substrate. Therefore, platen can be the support on which the substrate is loaded onto); operation (b) of forming a modified layer on the substrate through a reaction between a first source gas and the first surface by spraying the first source gas toward the substrate from a shower head positioned above the chuck while the substrate is being cooled to a first temperature through a cooling fluid flowing through the cooling fluid flow pipe (Paragraphs [0054-0057] substrate is maintained at a first temperature while modifying molecules are flowed onto it, substrate is modified with chemical adsorption with a first process gas that is flowed onto the substrate. Paragraph [0122] Figure 7 the first process gas is flowed from a flow feature (element 742), that can be a showerhead, and is located above the substrate (element 734)); and operation (c) of removing the modified layer of the substrate through a reaction between a second source gas and the modified layer of the substrate while the substrate is being heated to a second temperature through a laser beam emitted from a laser (Paragraphs [0080-0083] modified surface layers may be removed by the use of a second process gas flowed onto the substrate while the substrate is maintained at a second temperature, that can be higher than the first temperature, and achieved by heating the substrate. Paragraph [0130] laser heating may be used, where one or more lasers are in the chamber interior and may be positioned above the substrate). Fischer fails to teach spraying the second source gas from the shower head toward the first surface of the substrate. However, Fischer teaches that a process gas unit can supply the taught first and third process gases using flow features that can be a showerhead positioned above the substrate (Paragraph [0122] Figure 7 the first process gas is flowed using a process gas unit (element 724) that includes a flow feature (element 742), that can be a showerhead, and is located above the substrate (element 734). Paragraph [0143] process gas unit can flow the first and third process gases). It would have been obvious to one of ordinary skill in the art to have modified the method of Fischer by utilizing the same apparatus elements that are used for supplying other process gases in the methods taught by Fischer, for supplying the second process gas. This modification would have been obvious to one of ordinary skill in the art because the second process gas would have needed to be supplied by some means into the process chamber and Fischer teaches that the process gas unit is capable of supplying different gases during different method steps. Fischer fails to explicitly that the substrate is supplied onto the chuck such that the entire second surface contacts the chuck. However, Fischer teaches that the substrate can be placed onto a platen that will be used to cool the substrate (Paragraph [0135]). It would have been obvious to one of ordinary skill in the art to have modified the method of Fischer by utilizing a platen that would be able to contact the entire second surface of the substrate. This modification would have been obvious to one of ordinary skill in the art because by maximizing the contact area between the second surface of the substrate and the cooling platen, the cooling would be able to be conducted more evenly and at a faster rate. Fischer fails to teach that the cooling platen is a chuck. However, Fischer teaches that the apparatus can comprise an electrostatic chuck that includes a heating element within it where the heating element can include flowing a heating fluid through a platen that is in contact with the substrate (Paragraph [0126] electrostatic chuck may contain heating unit (element 726). Paragraph [0132] heating unit can have a heating fluid flowing through a platen that is in contact with the substrate to provide heating). It would have been obvious to one of ordinary skill in the art to have modified the method of Fischer by utilizing a platen that was capable of being an electrostatic chuck. This modification would have been obvious to one of ordinary skill in the art because Fischer teaches that it is possible to have a heating platen that works by the same concept (flowing a fluid through the platen to adjust the temperature of the platen and thereby adjust the temperature of the substrate) that is also an electrostatic chuck, and so it would have been obvious to one of ordinary skill in the art that the heating fluid could instead be a cooling fluid, as Fischer taught would be used with a cooling platen. Regarding Claim 15, modified Fischer teaches all the limitations of claim 14 as outlined above. Fischer further teaches wherein operations (b) and (c) are repeated until a target film of the substrate reaches a set thickness, the target film comprises a metal oxide film, a metal nitride film, or a high dielectric film, in the operation (b), the first source gas comprises HF, SF4 or XeF4, and, in the operation (c), the second source gas comprises trimethylaluminum, Sn(acac)2, Al(CH3)3, Al(CH3)2Cl, SiCl4, TiCl4, BCl3, or WF6 (Paragraph [0085] Figure 1 blocks 103 and 105, which comprise method steps of claimed operations (b) and (c) can be repeated. Paragraph [0074] first process gas can be HF. Paragraph [0120] target film can be aluminum oxide and removal gas can be trimethylaluminum). Regarding Claim 16, modified Fischer teaches all the limitations of claim 14 as outlined above. Fischer fails to explicitly teach wherein the first temperature is from about 50°C to about 90°C, and the second temperature is from about 250°C to about 400°C. However, Fischer further teaches that the first temperature can be between about 20°C to 100°C and the second temperature can be between about 200°C to 600°C (Paragraph [0077] the first temperature can be between about 20-100°C. Paragraph [0084] the second temperature can be between about 200-600°C). It would have been obvious to one of ordinary skill in the art to have selected and incorporated a first temperature at a level within the disclosed range of 20°C to 100°C, including at amounts that overlap with the claimed range of 50°C to 90°C. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). It would have been obvious to one of ordinary skill in the art to have selected and incorporated a first temperature at a level within the disclosed range of 200°C to 600°C, including at amounts that overlap with the claimed range of 250°C to 400°C. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). Regarding Claim 17, modified Fischer teaches all the limitations of claim 14 as outlined above. Fischer fails to explicitly teaches wherein the laser beam comprises a continuous wave having a wavelength from about 200 nm to about 1200 nm. However, Fischer teaches that the heating light emitted can have a wavelength of 400-1400 nm and can be provided as a laser (Paragraph [0128]). It would have been obvious to one of ordinary skill in the art to have modified the method Fischer by supplying the laser as a continuous wave. This modification would have been obvious to one of ordinary skill in the art because the laser would have to be supplied as either in a continuous or pulsed manner. Since there are only two possible alternatives, it would have been obvious to try either option to one of ordinary skill in the art. One of ordinary skill in the art would have had a reasonable expectation of success from the generic teaching of Fischer that either option could be suitable. See MPEP 2143(I)(E). It would have been obvious to one of ordinary skill in the art to have selected and incorporated a wavelength at a level within the disclosed range of 400-1400 nm, including at amounts that overlap with the claimed range of 200-1200 nm. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). Regarding Claim 21, modified Fischer teaches all the limitations of claim 14 as outlined above. Fischer further teaches wherein the laser is positioned above the substrate, and in the operation (c), the laser beam is irradiated onto the first surface of the substrate to heat the substrate (Paragraph [0130] laser heating may be used, where one or more lasers are in the chamber interior and may be positioned above the substrate, lasers above the substrate would irradiate the first surface as claimed). Regarding Claim 22, modified Fischer teaches all the limitations of claim 1 as outlined above. Fischer further teaches wherein, in the operation (c), the substrate is heated through a plurality of lasers each supplying a laser beam (Paragraph [0130] laser heating may be used, where one or more lasers are in the chamber interior and may be positioned above the substrate). Response to Arguments Applicant’s arguments, see Remarks Pg. 3-5, filed 01/20/2026, with respect to the 35 U.S.C. § 103 rejection have been fully considered and are not persuasive. Applicant argues that Fischer fails to teach a transparent window in the substrate support. Examiner respectfully disagrees. Although Fischer does not teach all the limitations within the amended claims, Fischer does teach an embodiment where the substate support includes a transparent window (Paragraph [0128] “In some embodiments, the substrate heating unit 726 include a plurality of LEDs 726A may only be positioned underneath the substrate 734, which may include inside a pedestal or ESC that also may include a window through which the light emitted by the LEDs may reach the backside of the substrate.”). Applicant argues that Fischer fails to teach providing the substrate onto a support that contacts the entire second surface in particular citing a teaching that the substrate is separated from the cooling platen during heating the substrate seemingly in reference to the claimed “operation (b)”. Examiner respectfully disagrees with this argument. While examiner agrees that Fischer does not explicitly teach a cooling platen that is in contact with the entire second surface of the substrate, examiner takes this position that this modification would have been obvious to one of ordinary skill in the art. Examiner also agrees that the cooling platen and the substrate support taught by Fischer are separate components within the embodiments taught by Fischer. However, examiner takes the position that this is not relevant to the argument or rejection. In particular, “operation (b)” does not include heating the substrate, it includes cooling the substrate, so the cited portion of Fischer (“substrate is separated from the cooling platen during heating of the substrate”) is not relevant to the manner in which the methods taught by Fischer relate to the claimed “operation (b)”. Further, Fischer teaches that the apparatus would have a means of separating the cooling platen from the substrate as needed during heating operations (Paragraph [0135] “the substrate is separated from the cooling platen during heating of the substrate, such as by moving the substrate away from the cooling platen by, for instance, raising it up with lift pins”). Therefore, in such embodiments where a cooling platen is utilized, that platen is capable (with the used of additional features like the taught lift pins) of performing all the functions required of a substrate support within the methods taught by Fischer. Examiner takes the position that it would have been obvious to one of ordinary skill in the art to platen to meet all the claimed limitations as outlined in the rejection of claim 14 above. Conclusion 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 ANDREW KEELAN LAOBAK whose telephone number is (703)756-5447. The examiner can normally be reached Monday - Friday 8:00am - 5:30pm. 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, Joshua Allen can be reached at 571-270-3176. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /A.K.L./Examiner, Art Unit 1713 /DUY VU N DEO/Primary Examiner, Art Unit 1713
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Prosecution Timeline

Apr 26, 2023
Application Filed
Oct 20, 2025
Non-Final Rejection mailed — §103
Dec 23, 2025
Interview Requested
Dec 30, 2025
Applicant Interview (Telephonic)
Dec 30, 2025
Examiner Interview Summary
Jan 20, 2026
Response Filed
Aug 18, 2026
Final Rejection mailed — §103
Sep 25, 2026
Interview Requested

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Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+34.5%)
3y 2m (~0m remaining)
Median Time to Grant
Moderate
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