DETAILED ACTION
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 CLAIMS
This Non-Final action is in reply to the application 18252454 RCE filed on 09/01/2026.
Claim 1, 2, 3, 8 , 24, 27, 28 and 29 are amended
Claims 4, 11 – 18, 20 and 22 – 23 cancelled
Claims 1 – 3, 5 – 10, 19, 21, 24 – 31 are pending
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/07/2026 has been entered.
Response to Arguments
Based on the applicants amendments, the applicants arguments are moot based upon a new grounds of rejection necessitated by the applicants amendments. The examiner states that based upon the newly addressed combinations, TAMASATO has been combined to disclose the take off and landing portion for an unmanned aerial vehicle that is positioned between a pair of crawlers on a machine. WOODSWORTH discloses of a machine that is a free of a driver’s seat utilizing autonomous operations.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1 – 3, 5, 24, 25, 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20220034064 – Gorman et al. hereinafter as GORMAN in view of US PG Pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH
Regarding Claim 1
GORMAN discloses:
(Currently Amended) A construction machine comprising:
a main body unit revolvable by revolving of a revolving part;(para. 0017 - upper swing body ( main body unit)– 6, sitting on swing frame 22 ( revolving part))
a working device connected to one end side of the main body unit; ( Fig. 1 – 8 working arm, attached to upper swing body)
a hydraulic device that is provided in the main body unit and drives the working device; ( para. 0070 – power system 15 ( which include hydraulic device) sits within upper structure 6. Hydraulics are used to power the working arm – 8 )
a hydrogen tank that is provided in a housing unit provided above the main body unit and that stores hydrogen; ( para. 0062 – wherein 310 can be used to support the hydrogen fuel tanks and fig. 8 and where in the tank is positioned between the tank treads. Wherein the interpretation of the 310 is relative to the main body 6 in addition to other elements along the rotating connection)
a fuel cell that is provided in the housing unit and to which the hydrogen from the hydrogen tank is supplied, the fuel cell being configured to drive the hydraulic device. ( para. 0062 and 0064 – hydrogen fuel tank and fuel cell within the housing unit power system includes para. 0070 - hydraulic devices, fig. 8)
a traveling device that includes a pair of crawlers and that is configured to move the main body unit
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GORMAN discloses of a construction machine with a main body unit, TAMASATO discloses of a construction machine with a main body unit to have the ability for unmanned flying objects to have a take off and landing on the main body unit.
TAMASATO discloses:
the main body unit having a take-off and landing portion on which an unmanned aerial vehicle is configured for taking off and land. (fig. 4 and para. 0017 – take- off and landing ports)
a traveling device that includes a pair of crawlers and that is configured to move the main body unit, wherein the take off and landing portions is positioned between the pair of crawlers, ( fig. 3 - where in the take off and landing are on the main body unit between the crawlers)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed for GORMAN’s disclosure of a construction machine with a main body unit and a traveling device with a pair of crawlers to move the main body unit to utilize a construction machine that includes a main body unit wherein it includes a take-off and landing portion at which an unmanned flying object is capable of taking off and landing is provided in the main body unit, a traveling device that includes a pair of crawlers and that is configured to move the main body unit, wherein the take off and landing portions is positioned between the pair of crawlers, as taught by TAMASATO. GORMAN would improve operational effectiveness through acquiring photos and better camera angles (TAMASATO - para. 0019)
GORMAN / TAMASATO disclose of an construction vehicle , WOODSWORTH discloses:
wherein the construction machine is free of a seat of a driver ( autonomous driven vehicle with no cab)
It would be obvious to one having ordinary skill in the art at the time of the invention was filed for GORMAN / TAMASATO’s disclosure of a construction vehicle with take off an and landing on the main body portion to have a construction vehicle with no cab for autonomous operations as taught by WOODSWORTH. This would allow GORMAN to work with a bunch of sensors cameras and digital projection of the bucket for AI operation ( WOODSWORTH - page 1 and 5). Additionally, it has been held that broadly providing an automatic or mechanical means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over the prior art (MPEP 2144.04, Subsection III).
Regarding Claim 2
GORMAN / TAMASATO / WOODSWORTH discloses the drone elements from claim 1.
As taught by TAMASATO in the modification made in relation to Claim 1, discloses of a construction machine that includes wherein a take-off and landing portion configured for take off and landing of a plurality of unmanned aerial vehicles. (fig. 4 and para. 0017 – take- off and landing ports more than 1 landing port.)
Regarding Claim 3:
GORMAN / TAMASATO / WOODSWORTH discloses the drone elements from claim 2.
GORMAN discloses:
3. (Original) The construction machine according to claim 2, wherein a part of a power supply unit that supplies power to the unmanned flying object is provided in the take- off and landing portion. ( para. 0017 – As illustrated in FIGS. 4 and 5, each of the holding sections 26 includes a round bar-shaped base 26A that is long in a vertical direction, and a disk-shaped upper end 26B coaxially mounted on an upper end of the base 26A. As schematically illustrated in FIG. 6, a power transmission device 28 for charging the drone 14 is mounted on the upper end 26B. The power transmission device 28 may use a wireless system or a wired system. As the wireless system, for example, an electromagnetic induction system, a magnetic field resonance system, or the like may be used.)
Regarding Claim 5
GORMAN / TAMASATO / WOODSWORTH discloses claim 1:
GORMAN discloses:
5. (Previously Presented) The construction machine according to claim 1, wherein a solar panel that generates power is provided in the main body unit. ( para. 0021 – solar)
Regarding Claim 24
GORMAN / TAMASATO / WOODSWORTH discloses claim 1:
GORMAN discloses:
24. (Currently Amended) The construction machine according to claim 1, comprising:
a storage battery that is provided in the housing unit and that stores power generated by the fuel cell. (para. 0062, wherein battery is associated with the fuel cell wherein the battery is located within the power system, battery )
Regarding Claim 25
GORMAN / TAMASATO / WOODSWORTH discloses claim 24:
GORMAN discloses:
25. (Previously Presented) The construction machine according to claim 24, wherein the storage battery supplies the power to a motor of the construction machine. ( para. 0062 – battery pack and interchangeable battery source)
Regarding Claim 28
GORMAN / TAMASATO / WOODSWORTH discloses claim 1:
GORMAN discloses:
28. (New) The construction machine according to claim 1, comprising:
a traveling device having a pair of crawlers and configured to move the main body unit, wherein the hydrogen tank is provided in the housing unit such that the hydrogen tank is positioned between the pair of crawlers. ( para. 0062 – wherein 310 can be used to support the hydrogen fuel tanks and fig. 8 and where in the tank is positioned between the ground engagement member 4( crawlers that move the body of the machine.)
Regarding Claim 29
GORMAN / TAMASATO / WOODSWORTH discloses claim 28:
GORMAN discloses:
29. (New) The construction machine according to claim 28, comprising:
a storage battery provided in the housing unit, the storage battery being configured to store electric power generated by the fuel cell and electric power generated by a power generation device different from the fuel cell, the storage battery being further being configured to drive the traveling device using the electric power stored in the storage battery. (para. 0058, 0062 – electric subsystem and battery fuel cell and alternate power source of battery, para. 0045 – additional discloses of a plurality of interchangeable power sources such as fuel cell and battery)
Claim(s) 6 – 7 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20220034064 – Gorman et al. hereinafter as GORMAN in view of US PG Pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH in view of JP2003213728 – Takeshi et al. hereinafter as TAKESHI
Regarding Claim 6:
GORMAN discloses claim 1
GORMANS discloses of a hydrogen engine powered machine that has a fuel cell and hydrogen fuel tank, however fails to expressly disclose hydrogen engine powered machine with hydrogen tank that includes a hydrogen absorbing alloy as taught by TAKESHI (page 7 – 8 fuel cells, Two Hydrogen absorption of Ni-based, FeTi-based, VTiCr-based). GORMANS further discloses that of fuel tanks containing fuel used by a fuel cell as disclosed in para. 0064 in the same manner. As a result, it would have been obvious for one having ordinary skill in the art at the time the invention was filed to modify the Hydrogen fuel tanks, as this has been held to be an obvious design choice provided that the rearrangement does not meaningfully change the operation of the device, wherein TAKESHI further supports the placement being a design choice (MPEP 2144.04, Subsection VI, C).
Regarding Claim 7:
GORMAN discloses a hydrogen engine powered machine that has a fuel cell and hydrogen fuel tank, TAKESHI discloses of a hydrogen production device, TAKESHI further discloses:
TAKESHI discloses:
7. The construction machine according to claim 1,wherein the main body unit includes a hydrogen production device. ( page 4 para. 9 - When the fuel cell 41 shown in FIG. 2 is used, the hydrogen supplied from the hydrogen adsorbing metal 33 built in the counterweight 31 of the hydraulic excavator and the oxygen supplied from the oxygen supply source 43 are A chemical reaction is performed in the fuel cell main body 42, the battery 44 is charged by electricity generated by the chemical reaction, and a motor 45 is driven)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for GORMANS hydrogen engine powered machine that has a fuel cell and hydrogen fuel tank to utilize a machine wherein the main body unit includes a hydrogen production device as taught by TAKESHI. This would allow GORMANS to effectively use a hydrogen production device as means for an effective counter weight for the working machine( para. 0008)
Claim(s) 8 – 10 , 21, 27, 30 and 31 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20100183416 – ISHII et al. hereinafter as ISHII in view of US PG Pub 20120220420 – Ohno et al. hereinafter as OHNO in view of US PG Pub 20220034064 – Gorman et al. hereinafter as GORMAN in further view of US PG Pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH
Regarding Claim 8
ISHII discloses:
A construction machine comprising:
a main body unit revolvable by revolving of a first revolving part; (fig. 1 – body 3 revolving around 2)
a first working device connected to one end side of the main body unit; (Fig. 1 A arm working device)
a second working device connected to another end side of the main body unit; and (Fig. 1 B arm working device)
ISHII discloses of a construction machine with a revolving part, OHNO discloses of a housing unit revolvable by a second revolving part different from the first revolving part. ( para. 0042 - where in there are two slip rings 18 and 19 of which one slip ring is a revolving part and a second slip ring is the second revolving part)
a housing unit revolvable by a second revolving part different from the first revolving part.( para. 0042 - where in there are two slip rings 18 and 19 of which one slip ring is a revolving part and a second slip ring is the second revolving part)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the connection mechanism of IISHI’s discloses of a construction machine with a first revolving part for a construction machine with a housing unit revolvable by a second revolving part different from the first revolving part as taught by OHNO. Doing so merely constitutes the substitution of one known construction machine function for another to produce the predictable result of effectively managing electrical wiring through slip rings (MPEP 2143, subsection I, B).
ISHII / OHNO discloses a construction machine with a housing unit revolvable by a second revolving part different from the first revolving part, GORMAN further discloses of a construction machine that has hydrogen to drive the working device and a traveling device that has a pair of crawlers to move the main body and wherein the hydrogen tank is provided in the housing unit between the crawlers, GORMAN further discloses:
Housing unit that is positioned above the main body and stores hydrogen used to drive working device ; ( para. 0062 and 0064 – hydrogen fuel tank and fuel cell within the housing unit power system includes para. 0070 - hydraulic devices for working arm, fig.1 and 8)
a traveling device that includes a pair of crawlers and that is configured to move the main body unit, wherein a hydrogen tank is provided in the housing unit such that the hydrogen tank is positioned between the pair of crawlers. ( para. 0062 – wherein 310 can be used to support the hydrogen fuel tanks and fig. 8 and where in the tank is positioned between the ground engagement member 4( crawlers that move the body of the machine.)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the drive mechanism of IISHI’s discloses of a construction machine with an engine for a construction vehicle with Housing unit that is positioned above the main body and stores hydrogen used to drive working device and a traveling device that includes a pair of crawlers and that is configured to move the main body unit, wherein a hydrogen tank is provided in the housing unit such that the hydrogen tank is positioned between the pair of crawlers as taught by GORMAN. Doing so merely constitutes the substitution of one known drive mechanism for another to produce the predictable result of effectively powering a construction vehicle (MPEP 2143, subsection I, B).
ISHII / OHNO / GORMAN discloses of a construction machine with a main body unit, TAMASATO discloses of a construction machine with a main body unit to have the ability for unmanned flying objects to have a take off and landing on the main body unit.
TAMASATO discloses:
the main body unit having a take-off and landing portion on which an unmanned aerial vehicle is configured for taking off and land. (fig. 4 and para. 0017 – take- off and landing ports)
a traveling device that includes a pair of crawlers and that is configured to move the main body unit, wherein the take off and landing portions is positioned between the pair of crawlers, ( fig. 3 - where in the take off and landing are on the main body unit between the crawlers)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed for ISHII / OHNO / GORMAN’s disclosure of a construction machine with a main body unit and a traveling device with a pair of crawlers to move the main body unit to utilize a construction machine that includes a main body unit wherein it includes a take-off and landing portion at which an unmanned flying object is capable of taking off and landing is provided in the main body unit, a traveling device that includes a pair of crawlers and that is configured to move the main body unit, wherein the take off and landing portions is positioned between the pair of crawlers, as taught by TAMASATO. ISHII / OHNO / GORMAN would improve operational effectiveness through acquiring photos and better camera angles (TAMASATO - para. 0019)
ISHII / OHNO / GORMAN / TAMASATO disclose of an construction vehicle , WOODSWORTH discloses:
wherein the construction machine is free of a seat of a driver ( autonomous driven vehicle with no cab)
It would be obvious to one having ordinary skill in the art at the time of the invention was filed for GORMAN / TAMASATO’s disclosure of a construction vehicle with take off an and landing on the main body portion to have a construction vehicle with no cab for autonomous operations as taught by WOODSWORTH. This would allow GORMAN to work with a bunch of sensors cameras and digital projection of the bucket for AI operation ( WOODSWORTH - page 1 and 5. Additionally, it has been held that broadly providing an automatic or mechanical means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over the prior art (MPEP 2144.04, Subsection III).
Regarding Claim 9
ISHII / OHNO / GORMAN / TAMASATO / WOODSWORTH disclose in claim 8
GORMAN discloses the combination of a hydrogen tank and fuel cell in claim 8
GORMAN discloses a construction machine with a housing unit that includes a mass body. ( para. 0062 and 0064 – hydrogen fuel tank and fuel cell within the housing unit power system includes para. 0070 - hydraulic devices for working arm, fig.1 and 8)
Regarding Claim 10
ISHII / OHNO / GORMAN / TAMASATO / WOODSWORTH disclose in claim 9
GORMAN discloses the combination of a hydrogen tank and fuel cell in claim 9
10. (Original) The construction machine according to claim 9, wherein the mass body is a hydrogen tank that stores hydrogen. ( para. 0062 and 0064 – hydrogen fuel tank and fuel cell within the housing unit power system includes para. 0070 - hydraulic devices for working arm, fig.1 and 8)
Regarding Claim 21
ISHII / OHNO / GORMAN / TAMASATO / WOODSWORTH discloses claim 8
ISHII / OHNO discloses of a construction machine that generates power GORMAN discloses of generating power with solar, GORMAN further discloses:
21. (Previously Presented) The construction machine according to claim 8, wherein a solar panel that generates power is provided in either one of the housing unit or the main body unit. ( para. 0021 – solar cell as supplemental power source)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the power mechanism of ISHII / OHNO disclosure of a construction machine that has a hydrogen fuel cell for wherein a solar panel that generates power is provided in either one of the housing unit or the main body unit by GORMAN. Where in ISHII would benefit from additional energy generation to the energy supply ( GORMAN - para. 0021 – supplement power to the energy supply)
Regarding Claim 27
ISHII / OHNO / GORMAN / TAMASATO / WOODSWORTH disclose in claim 8
ISHII / OHNO discloses a construction machine wherein the housing unit houses a hydraulic device that drives the first working device and the second working device. GORMAN discloses a construction machine wherein the main body unit houses hydrogen a fuel cell from hydrogen tank and housing unit houses a hydraulic device that drives working device, GORMAN further discloses:
27. (Currently Amended) The construction machine according to claim 8, wherein the main body unit houses a hydrogen tank that stores hydrogen and a fuel cell that is supplied the hydrogen from the hydrogen tank, wherein the housing unit houses a hydraulic device that drives the working device. (( para. 0062 – wherein 310 can be used to support the hydrogen fuel tanks and fig. 8 and where in the tank is positioned between the tank treads. Wherein the interpretation of the 310 is relative to the main body 6 in addition to other elements along the rotating connection)
)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the drive mechanism of IISHI’s discloses of a construction machine wherein the housing unit houses a hydraulic device that drives the first working device and the second working device for a construction vehicle with wherein the main body unit houses a hydrogen tank that stores hydrogen and a fuel cell that is supplied the hydrogen from the hydrogen tank, wherein the housing unit houses a hydraulic device that drives the working device as taught by GORMAN. Doing so merely constitutes the substitution of one known drive mechanism for another to produce the predictable result of effectively powering a construction vehicle (MPEP 2143, subsection I, B).
Regarding Claim 30
ISHII / OHNO / GORMAN / TAMASATO / WOODSWORTH disclose in claim 8
ISHII / OHNO discloses of a construction machine with a hydraulic device is provided in the main body unit to drive the first working device and second working device, GORMAN discloses of a construction machine with a hydraulic device that is provided in the main body unit to single working device, GORMAN further discloses:
a hydraulic device that is provided in the main body unit to drive the working device (para. 0069 – hydraulic motors to drive working arm, fig. 6 and 8 )
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute IISHI’s working device drive mechanism of a construction machine with a hydraulic device is provided in the main body unit to drive the first working device and second working device for a working device drive mechanism of a construction machine with a hydraulic device that is provided in the main body to a single working device as taught by GORMAN. Doing so merely constitutes the substitution of one known drive mechanism for another to produce the predictable result of effectively powering a construction vehicle (MPEP 2143, subsection I, B).
Regarding Claim 31
ISHII / OHNO / GORMAN / TAMASATO / WOODSWORTH disclose in claim 27
GORMAN discloses the fuel cell combination in claim 27
31. (New) The construction machine according to claim 27, comprising: a storage battery provided in the housing unit, the storage battery being configured to store electric power generated by the fuel cell and electric power generated by a power generation device different from the fuel cell, and to drive the traveling device using the electric power stored in the storage battery. (para. 0058, 0062 – electric subsystem and battery fuel cell and alternate power source of battery, para. 0045 – additional discloses of a plurality of interchangeable power sources such as fuel cell and battery)
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable by US PG Pubs 20100183416 – ISHII et al. hereinafter as ISHII in view of US PG Pub 20120220420 – Ohno et al. hereinafter as OHNO in view of US PG Pub 20220034064 – Gorman et al. hereinafter as GORMAN in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH in view of US PG Pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO
Regarding Claim 19
ISHII / OHNO / GORMAN / WOODSWORTH / TOMASATO discloses the take-off and landing of an unmanned flying object as taught in claim 18
TAMASATO discloses:
19. The construction machine according to claim 18, wherein a part of a power supply unit that supplies power to the unmanned flying object is provided in the take- off and landing portion. (para. 0017 - As illustrated in FIGS. 4 and 5, each of the holding sections 26 includes a round bar-shaped base 26A that is long in a vertical direction, and a disk-shaped upper end 26B coaxially mounted on an upper end of the base 26A. As schematically illustrated in FIG. 6, a power transmission device 28 for charging the drone 14 is mounted on the upper end 26B. The power transmission device 28 may use a wireless system or a wired system. As the wireless system, for example, an electromagnetic induction system, a magnetic field resonance system, or the like may be used. para. 0018. Each of the drones 14 includes a holding mechanism 38, a camera 40, rotors 42, and a leg section 44, for example, as well as the high-precision GNSS receiver 12. In the first embodiment, each of the GNSS receivers 12 is included in a respective one of the drones 14)
Claim(s) 26 are rejected under 35 U.S.C. 103 as being unpatentable by US PG Pub 20220034064 – Gorman et al. hereinafter as GORMAN in view of US PG Pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH in further view of US PG Pub 20080099056 – Adhvaryu et al. hereinafter as ADHVARYU
Regarding Claim 26
GORMAN / TAMASATO / WOODSWORTH disclose claim 1
GORMAN / TAMASATO / WOODSWORTH discloses of a construction machine with hydrogen engine and hydrogen fuel cell, ADHVARYU discloses of cleaner that cleans a member by using water generated by a hydrogen fuel cell( para. 0013)
It would obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for GORMAN / TAMASATO / WOODSWORTH’s prof a hydrogen engine and a hydrogen fuel cell to utilize a cleaner that cleans a member by using water as taught by ADHVARYU. This would allow GORMAN / TAMASATO / WOODSWORTH for reducing buildup of dirt on excavator surfaces (ADHVARYU - para. 0007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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