Prosecution Insights
Last updated: October 01, 2026
Application No. 18/451,594

METHODS AND APPARATUS TO MANAGE SENSOR DATA

Non-Final OA §103
Filed
Aug 17, 2023
Examiner
RUSHING, MARK S
Art Unit
2689
Tech Center
2600 — Communications
Assignee
Emerson Electric Co.
OA Round
2 (Non-Final)
77%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
636 granted / 829 resolved
+14.7% vs TC avg
Strong +24% interview lift
Without
With
+23.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
20 currently pending
Career history
852
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
56.7%
+16.7% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
15.6%
-24.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 829 resolved cases

Office Action

§103
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 Status of the Claims This is in response to applicant’s communication filed 7/21/26. Claims 1-20 are pending in the application. Continuing Examination A request for continued examination under 37 CFR 1.114, including the fee set forth in37 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/21/26 has been entered. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim Rejections - 35 USC § 103 Claims 1, 2, 6-8, 10-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Junk et al. (Junk; US 20190243321 A1) in view of Nixon et al. (Nixon; US 20220128976 A1), further in view of Endress and Hauser FieldPort SWA50 (Endress; 2020). Regarding Claim 1, Junk discloses an apparatus (Abstract) comprising: first interface circuitry (118 of Fig 1 I/O device) configured to connect with a field device (110, 112, 114, 120, 122 of Fig 1), the field device including a first sensor ([0044] smart field devices 110, 112, 114 may be Fieldbus® compliant instruments, transmitter, sensors, etc.), the field device powered by a power supply ([0045] hardwired links enable the field device 120 to communicate with the controller 102 and provide electrical power (e.g., loop power, network power) to the field device 120; communications associated with the field device 122 and the HART modem 402, (represented in FIG. 4A by lines 424) require power from the DCS 401 via the signal wires 418 to operate (i.e., these components are loop powered)); computer readable instructions ([0088] implemented using coded instructions (e.g., computer and/or machine-readable instructions) stored on a tangible computer readable storage medium); and programmable circuitry (100 of Fig 1 control system) powered by the power supply ([0032] power provided by the control system to operate and communicate with the field device… power is drawn from 4-20 mA analog signals sent along wires to the field device commonly referred to as loop power) the computer readable instructions to cause the programmable circuitry to: obtain a first measurement ([0046] data obtained from the field devices 110, 122 (e.g., parameter values, diagnostic information, etc.)) from the field device using a first communication protocol (wired; [0045] smart field device 122 and non-smart field device 120 of FIG. 1 may be, for example, conventional 4-20 milliamp (mA) or 0-24 volts direct current (VDC) devices that communicate with the controller 102 via respective hardwired links) and the first interface circuitry, the first measurement corresponding to the first sensor ([0046] each of the field devices 110, 120, 122 is shown in the illustrated example of FIG. 1 coupled to a corresponding RFST (e.g., an RFID module) 124. With respect to the smart field devices 110, 122 in the illustrated example, the corresponding RFST 124 may convert (e.g., via a modem) outbound data obtained from the field devices 110, 122 (e.g., parameter values, diagnostic information, etc.) according to a particular communication protocol associated with the field devices 110, 122 (e.g., HART, Profibus, Foundation Fieldbus, etc.) for transmission to RFID reader/writers 415, 416 (FIGS. 4A, 4B)); obtain, wired, [0045]), a second measurement from a second sensor (from one of the other field devices (110, 112, 114, 120, 122 of Fig 1) wirelessly transmit, using a second communication protocol, the first measurement and the second measurement to a controller ([0041] work station…configured to perform primarily communication applications that enable the process control system 100 to communicate with other devices or systems using any desired communication media (e.g., wireless, hardwired, etc.) and protocols (e.g., HTTP, SOAP, etc.)), but doesn’t specify that the second sensor communicates without using the first communication protocol and second interface circuitry. In the same field of endeavor, Nixon discloses an apparatus (Abstract) comprising: first interface circuitry (18 of Fig 1) configured to connect with a field device (10 of Fig 1, 82 of Fig 2 field devices), the field device including a first sensor ([0047] field device hardware 12 which may be, for example, one or more sensors, an actuator, a valve seat and valve stem, or any other typical or desired control hardware associated with the operation of the field device. The control hardware 12 may be any combination of hardware typically associated with any type of control device, such as a sensor (e.g., temperature sensor, flow meter, level sensor, pressure sensor, etc.)), the field device powered by a power supply ([0064] a power supply may be provided in or associated with the APL power switch 84 and may send power to the field switches 86 via the bus 88, the APL field switches 86 may be separately powered or may include their own power supplies or sources and power themselves, as well as the field devices 82, via the APL spur lines); computer readable instructions ([0207]); and programmable circuitry powered by the power supply ([0060] APL power switch 84 includes an APL power device), the computer readable instructions to cause the programmable circuitry to: obtain a first measurement ([0047] field device 10 includes field device hardware 12 which may be, for example, one or more sensors…control hardware 12 may be, for example, control structure that measures or senses one or more physical phenomena in a plant or factory setting) from the field device using a first communication protocol (wired, [0004] information from the field devices and the process controller is usually made available through the process controllers over a data highway or communication network…may include a wired communication path, a wireless communication path), and the first interface circuitry, the first measurement corresponding to the first sensor, obtain, without using the first communication protocol (wireless, [0004] information from the field devices and the process controller is usually made available through the process controllers over a data highway or communication network…may include a wired communication path, a wireless communication path), a second measurement from a second sensor (any other field device 82 of Fig 2). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Nixon using different communication protocols in order to enhance field devices used in these systems that are capable of simultaneously performing various different functions in different contexts and of communicating with different or separate client devices or applications using one or more different communication protocols, as suggested by Nixon ([0002]). The combination doesn’t teach a second interface circuitry configured to connect directly to a second sensor that is separate from the field device and obtaining, without using the first communication protocol and using the second interface circuitry, a second measurement from the second sensor. In the same field of endeavor, Endress teaches an intelligent Bluetooth and WirelessHART adapter for any HART field device. Endress teaches using a first interface circuitry (2-wire or 4-wire circuitry) configured to connect with a field device (page 2 any of the field devices using 2-wire connection concept before a retrofitting with a SWA50), the field device including a first sensor (page 3 shows a number of field devices with sensors) and obtaining a first measurement from the field device using a first communication protocol (wired) and the first interface circuitry corresponding to the first sensor. Endress teaches a second interface circuitry (page 2 a retrofitted FieldPort SWA50 Bluetooth adapter) configured to connect directly to a second sensor (page 3 another field device with a different sensor) that is separate from the field device (page 3 any of the other field devices shown in the diagrams), and obtaining, without using the first communication protocol (wireless instead of wired) and using the second interface circuitry (SWA50), a second measurement from the second sensor (page 3 a measurement from any of the other field devices with sensors shown in the diagrams). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Endress using compatible communications protocols and upgrades to efficiently gather collected data from sensors spread out over significant distances. Regarding Claims 2, 12 and 18, Junk discloses the power supply, the field device, and the apparatus form a 4-20 milliamp (mA) current loop ([0045] smart field device 122 and non-smart field device 120 of FIG. 1 may be, for example, conventional 4-20 milliamp (mA) or 0-24 volts direct current (VDC) devices that communicate with the controller 102 via respective hardwired links. In such examples, the hardwired links enable the field device 120 to communicate with the controller 102 and provide electrical power (e.g., loop power, network power) to the field device 120). Regarding Claims 6, 13 and 19, Junk discloses the programmable circuitry records the second measurement in response to an instruction from the field device ([0046] outbound data is recorded and logged; [0079] alert logs). Endress teaches a second interface circuitry (page 2 a retrofitted FieldPort SWA50 Bluetooth adapter). Regarding Claims 7, 14 and 20, Nixon discloses the computer readable instructions cause the programmable circuitry to transmit the first measurement and the second measurement in response to an instruction from the field device ([0020] the execution of the computer-executable instructions cause the HV field device still further to, during run-time operations of the process control or automation system, transmit the data corresponding to the physical function performed by the one or more physical components of the HV field device to the another device via the established communication session to thereby control the industrial process.) Regarding Claims 8 and 15, Junk discloses the computer readable instructions cause the programmable circuitry to transmit an instruction to the field device via the first interface circuitry (18), the instruction to cause the field device to: (a) record the first measurement from the first sensor ([0046] outbound data is recorded and logged; [0079] alert logs), but doesn’t specify transmitting the first measurement. Nixon teaches transmitting the first measurement to the apparatus ([0020] the execution of the computer-executable instructions cause the HV field device still further to, during run-time operations of the process control or automation system, transmit the data corresponding to the physical function performed by the one or more physical components of the HV field device to the another device via the established communication session to thereby control the industrial process). Regarding Claim 10, Junk discloses the programmable circuitry includes one or more of: at least one of a central processor unit ([0021]), a graphics processor unit, or a digital signal processor, the at least one of the central processor unit, the graphics processor unit, or the digital signal processor having control circuitry ([0056]-[0057]) to control data movement within the programmable circuitry, arithmetic and logic circuitry ([0086]) to perform one or more first operations corresponding to machine-readable data, and one or more registers to store a result of the one or more first operations, the machine-readable data in the apparatus ([0087]); a Field Programmable Gate Array (FPGA), the FPGA including logic gate circuitry, a plurality of configurable interconnections, and storage circuitry, the logic gate circuitry and the plurality of the configurable interconnections to perform one or more second operations, the storage circuitry to store a result of the one or more second operations; or Application Specific Integrated Circuitry (ASIC) including logic gate circuitry to perform one or more third operations ([0086]). Regarding Claim 11, Junk discloses a non-transitory machine-readable storage medium ([0088] implemented using coded instructions (e.g., computer and/or machine-readable instructions) stored on a tangible computer readable storage medium) comprising instructions to cause programmable circuitry (102 of Fig 1 controller) to at least: obtain, using first interface circuitry (118), a first measurement ([0046] data obtained from the field devices 110, 122 (e.g., parameter values, diagnostic information, etc.)) from a field device ([0046] each of the field devices 110, 120, 122 is shown in the illustrated example of FIG. 1…data obtained from the field devices 110, 122 (e.g., parameter values, diagnostic information, etc.) according to a particular communication protocol associated with the field devices 110, 122 (e.g., HART, Profibus, Foundation Fieldbus, etc.) for transmission to RFID reader/writers 415, 416 (FIGS. 4A, 4B)) using a first communication protocol (wired; [0045] smart field device 122 and non-smart field device 120 of FIG. 1 may be, for example, conventional 4-20 milliamp (mA) or 0-24 volts direct current (VDC) devices that communicate with the controller 102 via respective hardwired links), the first measurement corresponding to a first sensor within the field device ([0044] smart field devices 110, 112, 114 may be Fieldbus® compliant instruments, transmitter, sensors, etc.), the field device powered by a power supply ([0045] hardwired links enable the field device 120 to communicate with the controller 102 and provide electrical power (e.g., loop power, network power) to the field device 120; communications associated with the field device 122 and the HART modem 402, (represented in FIG. 4A by lines 424) require power from the DCS 401 via the signal wires 418 to operate (i.e., these components are loop powered)); obtain, wired, [0045]), a second measurement from a second sensor (from one of the other field devices (120, 122 of Fig 1) that is separate from the field device ([0046]), the second sensor directly connected to the programmable circuity (102); and wirelessly transmit, using a second communication protocol, the first measurement and the second measurement to a controller ([0041] work station…configured to perform primarily communication applications that enable the process control system 100 to communicate with other devices or systems using any desired communication media (e.g., wireless, hardwired, etc.) and protocols (e.g., HTTP, SOAP, etc.)), but doesn’t specify that the second sensor communicates without using the first communication protocol and second interface circuitry. In the same field of endeavor, Nixon discloses a non-transitory machine readable storage medium comprising instructions to cause programmable circuitry (84 of Fig 2) to a field device (10 of Fig 1, 82 of Fig 2 field devices), the field device including a first sensor ([0047] field device hardware 12 which may be, for example, one or more sensors, an actuator, a valve seat and valve stem, or any other typical or desired control hardware associated with the operation of the field device. The control hardware 12 may be any combination of hardware typically associated with any type of control device, such as a sensor (e.g., temperature sensor, flow meter, level sensor, pressure sensor, etc.)), the field device powered by a power supply ([0064] a power supply may be provided in or associated with the APL power switch 84 and may send power to the field switches 86 via the bus 88, the APL field switches 86 may be separately powered or may include their own power supplies or sources and power themselves, as well as the field devices 82, via the APL spur lines); obtain, using first interface circuitry (86 of Fig 2), a first measurement ([0047] field device 10 includes field device hardware 12 which may be, for example, one or more sensors…control hardware 12 may be, for example, control structure that measures or senses one or more physical phenomena in a plant or factory setting) from the field device using a first communication protocol (wired, [0004] information from the field devices and the process controller is usually made available through the process controllers over a data highway or communication network…may include a wired communication path, a wireless communication path), the first measurement corresponding to the first sensor; obtain, without using the first communication protocol (wireless, [0004] information from the field devices and the process controller is usually made available through the process controllers over a data highway or communication network…may include a wired communication path, a wireless communication path), a second measurement from a second sensor (any other field device 82 of Fig 2) that is separate from the field device, the second sensor directly connected to the . Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Nixon using different communication protocols in order to enhanced field devices used in these systems that are capable of simultaneously performing various different functions in different contexts and of communicating with different or separate client devices or applications using one or more different communication protocols, as suggested by Nixon ([0002]). The combination doesn’t teach obtaining using a second interface circuitry and without using the first communication protocol a second measurement from a second sensor that is separate from the field device. In the same field of endeavor, Endress teaches an intelligent Bluetooth and WirelessHART adapter for any HART field device. Endress teaches using a first interface circuitry (2-wire or 4-wire circuitry) configured to connect with a field device (page 2 any of the field devices using 2-wire connection concept before a retrofitting with a SWA50), the field device including a first sensor (page 3 shows a number of field devices with sensors) and obtaining a first measurement from the field device using a first communication protocol (wired) and the first interface circuitry corresponding to the first sensor. Endress teaches obtaining using a second interface circuitry (page 2 a retrofitted FieldPort SWA50 Bluetooth adapter) and without using the first communication protocol a second measurement from a second sensor that is separate from the field device (page 3 a measurement from any of the other field devices with sensors shown in the diagrams). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Endress using compatible communications protocols and upgrades to efficiently gather collected data from sensors spread out over significant distances. Regarding Claim 17, Junk discloses a method (Abstract) comprising: obtaining, with first interface circuitry (118) coupled to programmable circuitry (102 of Fig 1 control system), a first measurement ([0046] data obtained from the field devices 110, 122 (e.g., parameter values, diagnostic information, etc.)) from a field device (110, 112, 114, 120, 122 of Fig 1) using a first communication protocol (wired; [0045] smart field device 122 and non-smart field device 120 of FIG. 1 may be, for example, conventional 4-20 milliamp (mA) or 0-24 volts direct current (VDC) devices that communicate with the controller 102 via respective hardwired links), the first measurement corresponding to a first sensor within the field device ([0044] smart field devices 110, 112, 114 may be Fieldbus® compliant instruments, transmitter, sensors, etc.), the field device powered by a power supply ([0045] hardwired links enable the field device 120 to communicate with the controller 102 and provide electrical power (e.g., loop power, network power) to the field device 120; communications associated with the field device 122 and the HART modem 402, (represented in FIG. 4A by lines 424) require power from the DCS 401 via the signal wires 418 to operate (i.e., these components are loop powered)); obtaining, with the programmable circuitry and wired, [0045]), and without using the field device or another intermediate device (uses 118), a second measurement from a second sensor (from one of the other field devices (110, 112, 114, 120, 122 of Fig 1) that is separate from the field device ([0046]); and wirelessly transmitting, with the programmable circuitry and using a second communication protocol, the first measurement and the second measurement to a controller ([0041] work station…configured to perform primarily communication applications that enable the process control system 100 to communicate with other devices or systems using any desired communication media (e.g., wireless, hardwired, etc.) and protocols (e.g., HTTP, SOAP, etc.)), but doesn’t specify that the second sensor communicates without using the first communication protocol and second interface circuitry. In the same field of endeavor, Nixon discloses a field device (10 of Fig 1, 82 of Fig 2 field devices), the field device including a first sensor ([0047] field device hardware 12 which may be, for example, one or more sensors, an actuator, a valve seat and valve stem, or any other typical or desired control hardware associated with the operation of the field device. The control hardware 12 may be any combination of hardware typically associated with any type of control device, such as a sensor (e.g., temperature sensor, flow meter, level sensor, pressure sensor, etc.)), the field device powered by a power supply ([0064] a power supply may be provided in or associated with the APL power switch 84 and may send power to the field switches 86 via the bus 88, the APL field switches 86 may be separately powered or may include their own power supplies or sources and power themselves, as well as the field devices 82, via the APL spur lines); obtain with first interface circuitry (18 of Fig 1) a first measurement ([0047] field device 10 includes field device hardware 12 which may be, for example, one or more sensors…control hardware 12 may be, for example, control structure that measures or senses one or more physical phenomena in a plant or factory setting) from the field device using a first communication protocol (wired, [0004] information from the field devices and the process controller is usually made available through the process controllers over a data highway or communication network…may include a wired communication path, a wireless communication path), the first measurement corresponding to the first sensor, obtain, without using the first communication protocol (wireless, [0004] information from the field devices and the process controller is usually made available through the process controllers over a data highway or communication network…may include a wired communication path, a wireless communication path), a second measurement from a second sensor (any other field device 82 of Fig 2) that is separate from the field device. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Nixon using different communication protocols in order to enhanced field devices used in these systems that are capable of simultaneously performing various different functions in different contexts and of communicating with different or separate client devices or applications using one or more different communication protocols, as suggested by Nixon ([0002]). The combination doesn’t teach obtaining using a second interface circuitry and without using the first communication protocol a second measurement from a second sensor that is separate from the field device. In the same field of endeavor, Endress teaches an intelligent Bluetooth and WirelessHART adapter for any HART field device. Endress teaches using a first interface circuitry (2-wire or 4-wire circuitry) configured to connect with a field device (page 2 any of the field devices using 2-wire connection concept before a retrofitting with a SWA50), the field device including a first sensor (page 3 shows a number of field devices with sensors) and obtaining a first measurement from the field device using a first communication protocol (wired) and the first interface circuitry corresponding to the first sensor. Endress teaches obtaining using a second interface circuitry (page 2 a retrofitted FieldPort SWA50 Bluetooth adapter) and without using the first communication protocol a second measurement from a second sensor (page 3 a measurement from any of the other field devices with sensors shown in the diagrams). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Endress using compatible communications protocols and upgrades to efficiently gather collected data from sensors spread out over significant distances. Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Junk, Nixon and Endress, in view of Fisher (US 20190103914 A1). Regarding Claim 3, Junk doesn’t specify the first communication protocol is a wired Highway Addressable Remote Transducer (HART®) protocol. In the same field of endeavor, Fisher discloses a field device including a network bridge, to convert first data received at a first Bluetooth Low Energy (BLE) radio, over a BLE network, from a second BLE radio of a remote device, and formatted according to a BLE communication protocol, into second data formatted according to an industrial communication protocol. Fisher discloses a wired Highway Addressable Remote Transducer (HART®) protocol ([0037] field device may obtain information from the one or more other field devices via an industrial communication protocol and transmit the information to a remote device, a process control system, etc., via BLE or any other wired or wireless communication method. In some disclosed examples, the field device is communicatively coupled to the one or more other field devices via a wired or wireless industrial communication protocol such as a HART communication protocol). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Fisher using a wired Hart transducer in order to facilitate ease of communication using compatible networking protocols, as suggested by Fisher ([0004]). Regarding Claim 4, Fisher discloses the second communication protocol is a Bluetooth® Low Energy (BLE) protocol ([0031]). Regarding Claim 5, Fisher discloses the second communication protocol is a wireless Highway Addressable Remote Transducer (wirelessHART®) protocol ([0037] a WirelessHART (WiHART) communication protocol). Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Junk, Nixon and Endress, in view of Hitt (US 20080129495 A1). Regarding Claims 9 and 16, Junk discloses the computer readable instructions cause the programmable circuitry to trigger an process measurements made by the field devices and then process this information to generate control signals to implement control routines, to make other process control decisions, and to initiate process control system alarms), but doesn’t specify audio or visual alarms. In the same field of endeavor, Hitt discloses a wireless sensor system for providing irrigation control includes a multiple number of sensor nodes and a multiple number of actuator nodes. Each sensor node includes a wireless transceiver, a processor and a sensor device and provides sensor data. Hitt discloses trigger an audio or visual notification based on the first measurement and the second measurement ([0074] sensor nodes are implemented using smoke detectors, infrared (IR) motion detection, ultrasonic presence detection, and security key detection. The actuator nodes can be implemented as alarms, such as a bell alarm or a visual alarm indicator). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Junk with Hitt using an audio or visual notification in order to enhance safety measures in an event of detected emergency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARK S RUSHING/Primary Examiner, Art Unit 2689
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Prosecution Timeline

Aug 17, 2023
Application Filed
Oct 22, 2025
Non-Final Rejection mailed — §103
Dec 30, 2025
Applicant Interview (Telephonic)
Dec 30, 2025
Examiner Interview Summary
Jan 12, 2026
Response Filed
Jul 21, 2026
Request for Continued Examination
Jul 23, 2026
Response after Non-Final Action
Aug 25, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
77%
Grant Probability
99%
With Interview (+23.6%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
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