Prosecution Insights
Last updated: May 29, 2026
Application No. 18/255,784

A STEPPER LITHOGRAPHY APPARATUS AND OPERATING METHOD THEREFOR, AND PATTERN ALIGNMENT DEVICE

Non-Final OA §102§103
Filed
Jun 02, 2023
Priority
Dec 04, 2020 — CN 202011412793.X +1 more
Examiner
KIM, PETER B
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Parcan Nanotech Co. Ltd.
OA Round
2 (Non-Final)
83%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
782 granted / 944 resolved
+14.8% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
31 currently pending
Career history
976
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
68.9%
+28.9% vs TC avg
§102
7.8%
-32.2% vs TC avg
§112
5.8%
-34.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 944 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Applicant’s arguments filed on Oct. 30, 2025 have been fully considered. Claim Rejections - 35 USC § 102 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 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) 56, 65 and 71 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ina et al. (Ina) (2002/0024644). Regarding claim 56, Ina discloses a lithography pattern alignment device (offset analyzer 10 and stepper 14, Fig. 1C, 2A, 2B, para 0049) for a photolithography apparatus (Fig. 2A, 6, para 0083) comprising: a wafer stage (stepper 14, inherently has a wafer stage, and offset analyzer 10 has a stage 42 in Fig. 2B) configured to carry a wafer to be processed, wherein the wafer includes several wafer areas, each of the wafer areas including a scanning area (inherent) and an off-site area around the wafer areas, a photosensitive layer is provided on a surface of the wafer, the photosensitive layer is provided with at least one three-dimensional mark provided in at least one of the scanning areas, and the three-dimensional mark has a region that is not on the same level as an upper surface of the photosensitive layer (para 0006-0008 discloses how the surface shape of the alignment marks are measured before and after photoresist is applied over the marks and para 0050 discloses that the alignment marks have three-dimensional shape. Further, the arrangement of the wafer and the three-dimensional mark are not part of the lithography pattern alignment device and does not impose a limitation on the alignment device. Also, inherently a wafer comprises several wafer areas and off-site areas such as scribe lines); a nano probe sensing device including a probe sensor (atomic force microscope, para 0007-0009), wherein the probe sensor is configured to be located over the photosensitive layer (Fig. 2B) and is configured to move and scan the scanning area and determine coordinates of the at least one three-dimensional mark in the scanning area (para 0012-0015 describes the profiler, AFM measures the surface shape of the resist above the alignment marks, the tip of the AFM would by scanned over the photoresist layer); an exposure beam generating device being configured to provide an exposure beam to the wafer area, so as to form a projected exposure area on the photosensitive layer (para 0063 discloses an exposure apparatus of a stepper or a scanner, inherently exposure beam is projected on the exposure area on the photosensitive layer); a displacement actuating device configured to adjust a relative position of the exposure beam generating device and the wafer stage according to the coordinates of the at least one three-dimensional mark measured by the nano probe sensing device, so as to align the projected exposure area is aligned with an area of the wafer to be exposed (inherently, the position of the wafer is adjusted relative to the projection beam of a stepper or a scanner in order to expose different wafer areas and align each wafer area with the pattern on the mask); and a computer control system (12, Fig. 2A), which is configured to receive the coordinates of the three-dimensional mark measured by the nano probe sensing device and compare them with reference coordinates of the three-dimensional mark so as to obtain a difference between the two coordinates (para 0011-0018, 0049, 0050, calculating offset or difference), wherein the computer control system is configured to transmit the difference between the two coordinates to the displacement actuating device and control the exposure beam generating device and/or the wafer stage to move relative to each other so as to compensate for the difference (para 0050, transmitted through the internet), wherein the reference coordinates are coordinates of a preset position of the three- dimensional mark when the area of the wafer to be exposed is aligned with the projected exposure area and are pre-stored in the computer control system (para 0011-0018, measuring before and after resist application), or the reference coordinates are corresponding coordinates in the scanning area, wherein the corresponding coordinates are determined from (a) the coordinates measured by the nano probe sensing device for the three-dimensional mark before the exposure of the wafer area and (b) a theoretical distance that the wafer is to be moved in a horizontal and vertical directions to align a next wafer area to be exposed with a projection exposure area, wherein the theoretical distance that the wafer is to be moved is pre- stored in the computer control system. Regarding claim 65, Ina discloses wherein the probe sensor is at least one sensor selected from the group consisting of atomic force probe sensor (para 0007-0009). Regarding claim 71, Ina discloses a stepper lithography apparatus (14, Fig. 2A) for repeated exposure of a plurality of wafer areas within a wafer, wherein said lithography apparatus is provided with a lithography pattern alignment device as claimed in claim 56. 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) 59, 60, 63, 64 and 67-70 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ina et al. (Ina) in view of Zhou et al. (Zhou) (CN 111983899 in IDS, translation provide with Office Action, paragraph numbers refer to the translation). Regarding claim 59, Ina does not explicitly disclose wherein the three-dimensional mark on the photosensitive layer includes three-dimensional mark formed on the photosensitive layer corresponding to underlying alignment mark(s) provided below the photosensitive layer and/or three-dimensional pattern(s) formed by irradiation induced resist change (IIRC) formed after exposure of the surface of the photosensitive layer by the exposure beam. Zhou discloses in Fig. 4 wherein the three-dimensional marks on the photosensitive layer include three-dimensional marks formed on the photosensitive layer and corresponding to underlying alignment marks provided below the photosensitive layer and/or three-dimensional patterns formed by irradiation induced resist change (IIRC) formed after exposure of the surface of the photosensitive layer by the exposure beam (para 0040-0041). Therefore, it would have been obvious to one of ordinary skill in the art to provide the three-dimensional marks as claimed since forming the alignment pattern by the exposure beam is commonly known in the art and it takes only routine skill in the art to apply a known steps to obtain the structure. Regarding claim 60, Ina does not disclose wherein a height of the three-dimensional mark is greater than a surface roughness of the photosensitive layer, or the three-dimensional mark is a three-dimensional structure protruding or recessing from the upper surface of the photosensitive layer. Zhou discloses wherein the height of the three-dimensional mark is greater than surface roughness of the photosensitive layer (Fig. 4, 11); or, the three-dimensional mark is a three-dimensional structure protruding or recessing on an upper surface of the photosensitive layer (Fig. 4, 11). Therefore, it would have been obvious to one of ordinary skill in the art to provide the three-dimensional mark as claimed in order to improve alignment as taught by Zhou. Regarding claim 63, Ina does not disclose wherein at least one of the wafer areas is not provided with a corresponding three-dimensional mark and the at least one area not provided with the corresponding three-dimensional mark is aligned with the corresponding projected exposure area according to a three-dimensional mark and/or three-dimensional patterns in the previous exposed wafer area measured by the probe sensor. Zhou discloses wherein part of the wafer area is not provided with a corresponding three-dimensional mark and is aligned with the projected exposure area according to three-dimensional mark of the three-dimensional patterns in the previous exposed wafer area measured by the probe sensor (39, 392, Fig. 8 and Fig. 3, para 0135-0138, 0154-0156). Therefore, it would have been obvious to one of ordinary skill in the art to align the wafer area with the three-dimensional mark in the previous exposed wafer area measured by the probe sensor for overlay. Regarding claim 64, Ina does not disclose wherein the exposure beam generating device is provided with a positioning mark generating device, and the positioning mark generating device is configured to a three-dimensional positioning mark on a periphery of the wafer area while exposing the wafer area, and the probe sensor is configured to calibrate a position of the wafer area to be exposed according to the three-dimensional positioning mark. Zhou discloses the three-dimensional patterns formed by irradiation induced resist change (IIRC) formed after exposure of the surface of the photosensitive layer by the exposure beam (para 0040-0041). Therefore, it would have been obvious to one of ordinary skill in the art to provide another irradiation source to form a three-dimensional positioning mark while exposing the wafer area in order to improve efficiency since provide duplicate of the essential working part of a device involves only routine skill in the art. Regarding claim 67, Ina does not disclose wherein the nano probe sensing device further comprises a micro-cantilever, said micro-cantilever is fixed at one end and said probe sensor is provided at the other end. Zhou discloses cantilever (391) with a nano probe sensor (392). Therefore, it would have been obvious to one of ordinary skill in the art to provide a micro-cantilever in order to obtain the three-dimensional coordinates. Regarding claim 68, Ina does not disclose wherein the nano probe sensing device includes one or more probe sensors, and the one or more probe sensors are fixed on one side or both sides of the exposure beam generating device through the micro-cantilever. Zhou discloses wherein the nano tip sensing device (392) includes one or more probe sensors, and the probe sensors are fixed on one side or both sides of the exposure beam generating device through the micro cantilever (391, Fig. 8, 10, para 0177-0179). Therefore, it would have been obvious to one of ordinary skill in the art to provide a plurality of probe sensor on both sides of the exposure beam generating device in order to obtain coordinates of multiple three-dimensional marks. Regarding claim 69, Ina does not disclose wherein the exposure beam generating device includes a projection objective lens group arranged above the wafer, and the one or more probe sensors are fixed on one side or both sides of the projection objective lens group through the micro-cantilever, wherein a portion of the one or more probe sensors is fixed on a fixed part of the wafer stage, and another portion of the one or more of the probe sensors are fixed on a side of the exposure beam generating device, and the relative distance between probe sensors is fixed. Zhou discloses wherein the nano tip sensing device (392) includes one or more probe sensors, and the probe sensors are fixed on one side or both sides of the exposure beam generating device through the micro cantilever (391, Fig. 8, 10, para 0177-0179). Therefore, it would have been obvious to one of ordinary skill in the art to provide a plurality of probe sensor on both sides of the exposure beam generating device in order to obtain coordinates of multiple three-dimensional marks. Although Zhou does not disclose that the wherein one or more probe sensors are fixed on a fixed part of the wafer stage, one or more of the probe sensors are fixed on a side of the exposure beam generating device, and the relative distance between probe sensors is fixed, it would have been obvious to one of ordinary skill in the art to fix the one or more probe sensors on the wafer stage, one or more of the probe sensors on a side of the exposure beam generating device, and the relative distance between probe sensors is fixed to the invention of Ina in view of Zhou to provide more compact system since it has been held that rearranging parts of an invention requires only the routine skill in the art. Regarding claim 70, Ina does not disclose wherein the nano probe sensing device includes three or more probe sensors, and the probe sensors are fixed on a fixed part of the wafer stage through connecting members and/or are fixed on the exposure beam generating device through connecting members, and the probe sensors are located on different straight lines to determine whether the wafer is perpendicular to the exposure beam. Zhou discloses wherein the nano tip sensing device (392) includes one or more probe sensors, and the probe sensors are fixed on one side or both sides of the exposure beam generating device through the micro cantilever and the probe sensors are located on different straight lines to determine whether the wafer is perpendicular to the exposure beam (391, Fig. 8, 10, para 0177-0179). Therefore, it would have been obvious to one of ordinary skill in the art to provide a plurality of probe sensor on both sides of the exposure beam generating device in order to obtain coordinates of multiple three-dimensional marks. Although Zhou does not disclose that the probe sensors are fixed on a fixed part of the wafer stage through connecting members and/or are fixed on the exposure beam generating device through connecting members, it would have been obvious to one of ordinary skill in the art to fix the one or more probe sensors on the wafer stage, one or more of the probe sensors on a side of the exposure beam generating device to the invention of Ina in view of Zhou to provide more compact system since it has been held that rearranging parts of an invention requires only the routine skill in the art. Claim(s) 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ina et al. (Ina) in view of Shibazaki (2020/0108464). Regarding claim 61, Ina does not disclose wherein the coordinates of the three-dimensional mark include horizontal coordinates, vertical coordinates and circumferential coordinates of the wafer. Shibazaki discloses detecting three-dimensional coordinates of alignment marks (para 0042). Therefore, it would have been obvious to one of ordinary skill in the art to measure the coordinates of the three-dimensional marks including horizontal coordinates, vertical coordinates and circumferential coordinates of the wafer in order to properly align the wafer. Claim(s) 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ina et al. (Ina) in view of Zhou et al. (Zhou) (CN 111983899 in IDS, translation provide with Office Action, paragraph numbers refer to the translation) and Tsubata (2011/0053060). Regarding claim 62, Ina does not disclose wherein each wafer area is provided with at least one three-dimensional mark, and the three-dimensional mark is located in said wafer area or in an off-site area around said wafer area, wherein the reference coordinates of said three-dimensional mark are stored in advance in the computer control system. Zhou discloses in Fig. 3, three-dimensional marks is located in said wafer area or in an off-site area around said wafer area (para 0135-0137). Tsubata discloses reference coordinates of alignment marks stored in advance in the computer control system (20) used to receive the coordinates of the alignment mark measured and compare them with reference coordinates of the alignment mark to obtain the difference (para 0066). Therefore, it would have been obvious to one of ordinary skill in the art to provide the three-dimensional marks arranged as claimed in order to improve alignment and to provide the reference coordinates to the computer control system to calculate the offset from the detected coordinate. Claim(s) 66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ina et al. (Ina) in view of Bijnen et al. (Bijnen) (2019/0227446). Regarding claim 66, Ina does not disclose wherein the probe sensor is configured to obtain a data of a structure of a surface of the three-dimensional mark, which is a mathematical convolution of the structure of the surface of the three-dimensional mark and a structure of the tip of the probe sensor, and a structure of the probe sensor is measured and calibrated before measuring the three-dimensional mark using the probe sensor. Bijnen discloses wherein data of a structure of a surface of the three-dimensional mark measured by the probe sensor is the mathematical convolution of the structure of the surface of the three-dimensional mark (para 0126). Therefore, it would have been obvious to one of ordinary skill in the art to provide data of a structure of a surface of the three-dimensional mark measured by the probe sensor is the mathematical convolution of the structure of the surface of the three-dimensional mark and a structure of the tip of the probe sensor, a structure of the probe is measured and calibrated before measuring the three-dimensional mark using the probe sensor in order to make efficient use of an alignment signal as taught by Bijnen. Claim(s) 72-75 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ina et al. (Ina) in view of Tsubata (2011/0053060). Regarding claim 72, Ina discloses an operating method of a stepper lithography apparatus (Fig. 2A) comprising a projection objective lens group (14, stepper inherently includes a projection objective lens group), wherein the method comprises: preparing, which includes setting at least one bottom alignment mark on the wafer to be processed and coating the photosensitive layer on said wafer to be processed, so as to obtain a wafer provided with a three-dimensional mark, wherein said bottom alignment mark forms a three-dimensional mark on said photosensitive layer (Fig. 1E, para 0011-0017), aligning (Fig. 2A, 2B, para 0049), which includes: placing the wafer provided with the three-dimensional mark in the lithography apparatus (combining offset analyzer 10, computer 12, stepper 14, overlay tool 16), a projection objective lens group (inherent to stepper 14) are set close to the wafer in the lithography apparatus, wherein the projection objective lens group is set close to the wafer in the lithography apparatus (inherent to stepper 14) so that the projection objective lens groups corresponds to the projection exposure area on the wafer (inherent to exposure apparatus, stepper, para 0049), driving the wafer stage to place a first wafer area to be exposed under the projection objective lens group (inherent to exposure apparatus, stepper, para 0049); scanning the photosensitive layer within a scanning area with the probe sensor (atomic force microscope, para 0007-0009 in offset analyzer 10) so as to obtain coordinates of a position of a first three-dimensional mark (para 0012-0015); adjusting with the displacement actuating device, wherein the displacement actuating device adjusts the relative position of the exposure beam generating device and the wafer stage according to the obtained coordinates, so that the projected exposure area is aligned with the first wafer area (inherently the position of the wafer is adjusted in response to the coordinates of the alignment marks); and exposing, wherein the beam generating device emits an exposure beam to the first wafer area of the wafer so as to realize the exposure of the first wafer area (inherent to the stepper 14). However, Ina does not disclose comparing the coordinates of the position of the first three-dimensional mark with the reference coordinates of the first three-dimensional mark so as to obtain the difference between the two coordinates and adjusting relative position according to the difference between the two coordinates. Tsubata discloses comparing the coordinates of the position of the first three-dimensional mark with the reference coordinates of the first three-dimensional mark to obtain the difference between the two coordinates and adjusting relative position according to the difference between the two coordinates (para 0066). Therefore, it would have been obvious to one of ordinary skill in the art to provide reference coordinate to compare and calculate the offset and to compensate for the offset by moving the wafer stage in order to properly align the wafer for exposure. Regarding claim 73, Ina in view of Tsubata does not disclose wherein placing a second wafer area under the projection objective lens group after the exposing of the first wafer area, wherein the probe sensor scans coordinates of a position of the first three-dimensional mark having been moved and compares them with reference coordinates of the first three-dimensional mark having been moved so as to obtain a deviation of the two coordinates, and the displacement actuating device adjusts the relative position of the exposure beam generating device and the wafer stage according to the deviation of the two coordinates, so as to align the projected exposure area with the second wafer area and then realizing exposure of the second wafer area. However, moving to the next exposure area of the second wafer area after the exposure of the first exposure area and repeating the alignment step including adjusting the positioning according to the obtained coordinates and the exposure step is obvious to one of ordinary skill in the art in order to expose all the wafer areas or exposure areas of the wafer. Regarding claim 74, Ina in view of Tsubata does not disclose wherein the reference coordinates of the first three-dimensional mark having been moved are corresponding coordinates in the scanning area, wherein the corresponding coordinates in the scanning area are determined from (a) coordinates of said first three-dimensional mark when the wafer area is exposed and (b) a theoretical distance that the wafer is to be moved to align the second wafer area to be exposed with the projection exposure area. However, the reference coordinates of the first three-dimensional mark having been moved corresponding to coordinates in the scanning area, and wherein the corresponding coordinates are formed by combining coordinates of said first three-dimensional mark when the wafer area is exposed with a theoretical distance that the wafer is to be moved to align a next wafer area to be exposed with the projection exposure area is obvious to one of ordinary skill in the art in order to repeat the steps and to expose all of the wafer areas of the wafer. Regarding claim 75, Ina in view Tsubata does not disclose placing a second wafer area under the projection objective lens group after the exposing of the first wafer area, wherein the probe sensor scans coordinates of a second three-dimensional mark and compares them with reference coordinates of the second three-dimensional mark to obtain a difference of the two coordinates, the displacement actuating device adjusts the relative position of the exposure beam generating device and the wafer stage according to the difference of the two coordinates, so as to align the projected exposure area with the second wafer area and then realizing exposure of the second wafer area, wherein the reference coordinates of the second three-dimensional mark are pre-stored in the computer control system, or wherein the second wafer area is placed under the projection objective lens group after the exposing of the first wafer area, the probe sensor scans graphics and coordinates of a three-dimensional pattern formed on the photosensitive layer after the first wafer area is exposed, and compares them with preset graphics and coordinates of the three-dimensional pattern so as to obtain a difference between the positions of the two three-dimensional patterns, and the displacement actuating device adjusts the relative position of the exposure beam generating device and the wafer stage according to the difference between the positions of the two three-dimensional patterns, so as to align the projected exposure area with the second wafer area and then realizing exposure of the second wafer area. However, repeating the steps of obtaining the coordinates and comparing with reference coordinate and adjusting relative position according to the comparison and exposing the second area would have been obvious to one of ordinary skill in the art in order to exposure all of the wafer area of the wafer. Response to Arguments In response to applicant’s amendments and arguments, the rejections have been modified as indicated 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 PETER B KIM whose telephone number is (571)272-2120. The examiner can normally be reached M-F 8:00 AM - 4:00 PM. 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, Toan Ton can be reached at (571) 272-2303. 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. /PETER B KIM/Primary Examiner, Art Unit 2882 December 13, 2025
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Prosecution Timeline

Jun 02, 2023
Application Filed
Jun 30, 2025
Non-Final Rejection mailed — §102, §103
Oct 30, 2025
Response Filed
Dec 17, 2025
Final Rejection mailed — §102, §103
Mar 17, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
83%
Grant Probability
92%
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2y 6m (~0m remaining)
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