Prosecution Insights
Last updated: May 29, 2026
Application No. 18/566,745

METHOD AND APPARATUS FOR VIRTUAL MODEL RENDERING

Final Rejection §103
Filed
Dec 04, 2023
Priority
Jul 30, 2021 — CN 202110875228.5 +1 more
Examiner
ZALALEE, SULTANA MARCIA
Art Unit
2614
Tech Center
2600 — Communications
Assignee
BEIJING ZITIAO NETWORK TECHNOLOGY CO., LTD.
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
352 granted / 495 resolved
+9.1% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
523
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
77.7%
+37.7% vs TC avg
§102
2.5%
-37.5% vs TC avg
§112
3.6%
-36.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 495 resolved cases

Office Action

§103
DETAILED ACTION Response to Arguments Applicant's arguments filed 03/02/2026 regarding the 35 USC 103 rejections with respect to the amended limitation of claims 1-10 and 15-24 have been fully considered but they are not persuasive. Applicant argues against the Kanetaka reference individually in page 12 Re the amended limitations of “"configuring point primitives corresponding to each of the plurality of mesh vertices; determining attribute parameters of point primitives corresponding to each of the plurality of mesh vertices based on the background image, the attribute parameters comprising at least one of the following: visibility parameters, rendering positions, brightness or sizes; rendering point primitives corresponding to each of the plurality of mesh vertices on the background image based on the attribute parameters of point primitives corresponding to each of the plurality of mesh vertices, to generate a rendering effect image for the virtual model. "” that “It can be seen that the "spark polygon" disclosed by Kanetaka is drawn through a pre- stored spark texture. The drawing process of the "spark polygon" disclosed by Kanetaka merely involves "pasting a pre-stored texture to the screen position corresponding to the center point of the spark." Throughout the entire disclosure of Kanetaka, there is no disclosure of selecting a plurality of mesh vertices from mesh vertices of a virtual model, nor is there any disclosure of configuring point primitives corresponding to each mesh vertex. In other words, the drawing process of the "spark polygon" disclosed by Kanetaka has no relevance to the mesh vertices of the virtual model, and this drawing process is different from the configuration process of point primitives in the present application. In addition, the attributes (e.g., shape, color, pattern) of the "spark polygon" in Kanetaka are fixed attributes, as they are determined by the attributes of the pre-stored spark texture. In contrast, the "attribute parameters of point primitives" recited in amended claim 1 of the present application are determined based on a background image. That is to say, the present application can accurately adjust the attribute parameters of the point primitives according to the information of the background image (e.g., the "pixel point" recited in claim 5).”. In response, the examiner contests that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Here Park teaches selecting a plurality of mesh vertices from mesh vertices of a virtual model based on a predetermined manner; rendering the virtual model to obtain a background image; and rendering each of the plurality of mesh vertices on the background image to generate a rendering effect image for the virtual model wherein The 3D rendering apparatus determines a vertex for a first shading from among vertices of a 3D model based on characteristic information of the 3D model, performs the first shading on the determined vertex, determines a pixel area for a second shading based on reference information indicating whether the first shading is applied to at least one vertex comprising the pixel area, performs the second shading on the determined pixel area, and generates a rendered image based on the first shading and the second shading (See Figs 1-4, abstract). In addition Kanetaka teaches configuring point primitives corresponding to each of the plurality of mesh vertices as attaching the spark polygon as a point primitive that is rendered at predetermined points on a rendered background wherein the background is rendered based on a polygonal model of a 3D virtual model (See Fig 5 reproduced below, and 3-4, col 3 lines51-63“the GTE 61 performs calculations such as perspective transformation for rendering in a case wherein a virtual three-dimensional object is formed using a set of, for example, triangular polygons and a projected image of a three-dimensional model is obtained by projecting the three-dimensional object upon a virtual camera screen, i.e., calculations of coordinate values of the vertexes of each polygon as projected upon the camera screen. Next, the GPU 62 performs rendering of the three-dimensional object to create an image in the frame buffer 63 … rendering surface textures and patterns on a surface of the tree-dimensional object, texture mapping or the like may be used.”) defining the mesh vertices (col 6 lines 25-45 “The CPU 51 sets a plurality of spark center points in the world coordinate space for the firework ball 602 to be exploded, according to preset attributes of the firework ball 602, and simulates a change in the position (movement) of each spark center point that occurs when each spark center point is emitted at a predetermined initial velocity in a direction determined by the attributes, e.g., in the radial direction from the center point of the firework ball 602 to be exploded (step S1002)… transform the coordinates of the three-dimensional models such as the city and the firework balls 602 represented by a number of polygons provided in the world coordinate space, and the center point of each spark represented by a dot into coordinates on an XYZ coordinate system (screen coordinate system) in which the camera position is the origin and the line of sight of the camera is the direction of the Z-axis.”). PNG media_image1.png 756 568 media_image1.png Greyscale Kanetaka further teaches determining attribute parameters of point primitives corresponding to each of the plurality of mesh vertices based on the background image, the attribute parameters comprising at least one of the following: visibility parameters, rendering positions, brightness or sizes and rendering point primitives corresponding to each of the plurality of mesh vertices on the background image based on the attribute parameters of point primitives corresponding to each of the plurality of mesh vertices, to generate a rendering effect image for the virtual model wherein the attributes of shape, size, color/texture pattern, rendering position, visibility etc of the sparks are dynamically determined and updated based on a background object eg, an explosive simulating the kira effect in Figs 5-6 and col 6 lines 25-65 “sets a plurality of spark center points in the world coordinate space for the firework ball 602 to be exploded, according to preset attributes of the firework ball 602, and simulates a change in the position (movement) of each spark center point that occurs when each spark center point is emitted at a predetermined initial velocity in a direction determined by the attributes, e.g., in the radial direction from the center point of the firework ball 602 to be exploded (step S1002)…. the firework balls 602 represented by a number of polygons provided in the world coordinate space, and the center point of each spark represented by a dot into coordinates on an XYZ coordinate system (screen coordinate system) in which the camera position is the origin and the line of sight of the camera is the direction of the Z-axis… The CPU 51 also performs second coordinate transformation on the coordinates X and Y of each coordinate value obtained by the first coordinate transformation to provide a two-dimensional coordinate which is obtained by multiplying the coordinates X and y by a value Q which becomes smaller according to a predetermined function, the greater the Z-value is (arithmetic matrix). The CPU 51 extracts points at which the X and Y of the coordinate after the calculation are included in the ranges from -W/2 to W/2 and from -H/2 to H/2, respectively, where W and H represent the size of the camera screen which is the projecting surface. The coordinates of each of the extracted points are shifted in the X- and Y-directions by W/2 and -H/2 respectively, and the resultant X and Y coordinates are defined as coordinates on the camera screen (two-dimensional coordinate) associated with the extracted points (step S1004). The above-described Q-value is used to represent perspective and basically causes coordinate transformation such that an object located further away from the camera than another object is displayed closer to the line of sight (i.e., in a position closer to the center of the camera screen), even if those objects are located at a same distance from the line of sight in a perpendicular direction… ”, col 7 lines 20-45 etc “Each spark is drawn by pasting a texture representing the spark in a position of the camera screen corresponding to the center point of the spark, the texture having a size in accordance with the distance or the like of the center point of the spark from the camera. Specifically, the texture of the spark is drawn on the first rendering image with a size which is obtained by multiplying the original size of the texture of the spark by a Q-value obtained by the above-described calculation. A texture of a spark is a two-dimensional image which is stored by the CPU 51 in the texture region of the frame buffer 63 in advance and which has a predetermined shape, colors and patterns representing the spark that appears when an actual firework is exploded. Such a texture is drawn in the position of the center point of a spark with a size in accordance with a Q-value obtained by the above calculation such that it always face forward (i.e., such that the texture always faces in the direction of the Z-axis in the XYZ coordinate system whose origin is the camera and whose Z-axis is the line of sight (the screen coordinate system)). The above-described coordinate transformation (arithmetic matrix) transforms the coordinate of the center point of the spark, instead of transforming the coordinate of each vertex of the polygon a plurality of which represent a three-dimensional shape.”. This is applied in Park to generate the rendering effect image with a desired special effect corresponding to each of the plurality of mesh vertices with reduced processing and thereby increasing system effectiveness and user experience, as being obvious to one of ordinary skill in the art before the effective filing date of the invention. Therefore as clearly set forth above Park as modified by Kanetaka teaches the required limitations of “configuring point primitives corresponding to each of the plurality of mesh vertices; determining attribute parameters of point primitives corresponding to each of the plurality of mesh vertices based on the background image, the attribute parameters comprising at least one of the following: visibility parameters, rendering positions, brightness or sizes; and rendering point primitives corresponding to each of the plurality of mesh vertices on the background image based on the attribute parameters of point primitives corresponding to the each of the plurality of mesh vertices to generate the rendering effect image” creating a kira (spark event). In addition as set forth above Kanetaka also teaches rendering a mesh model and dynamically adjusting the attributes of the point primitives like rendering position and size based on the background image (pixel points), generating a series of updated images (Fig 5), and thereby meets the claimed requirement. Applicant further argues in page 12 that “the rendering process of the "spark polygon" in Kanetaka is different from the rendering process of the point primitive in the present application. Specifically, the rendering process of the "spark polygon" in Kanetaka is "blending the enlarged historical spark image onto the current base image (Fig. 6A) in a semi-transparent mode" to form a final image with special effects (Fig. 6B). This rendering process is merely a simple image superimposition. In contrast, the rendering process of the point primitive recited in amended claim 1 is "rendering point primitives corresponding to each of the plurality of mesh vertices on the background image based on the attribute parameters of point primitives corresponding to each of the plurality of mesh vertices, to generate a rendering effect image for the virtual model."” This appears as a merely conclusive as Kanetaka clearly teaches typical rendering wherein each dot/spark primitives is dynamically rendered on the background image Figs 5-6 and col 6 lines 25-65 “performs calculations such as perspective transformation for rendering in a case wherein a virtual three-dimensional object is formed using a set of, for example, triangular polygons and a projected image of a three-dimensional model is obtained by projecting the three-dimensional object upon a virtual camera screen, i.e., calculations of coordinate values of the vertexes of each polygon as projected upon the camera screen. (16) Next, the GPU 62 performs rendering of the three-dimensional object to create an image in the frame buffer 63 utilizing the GTE 61 in accordance with a command from the CPU 51. As a technique for erasing hidden lines and hidden surfaces used for rendering, the Z-buffer method, scan line method, ray tracing method or the like may be used. As a technique for shading, the flat shading method, glow shading method, ray tracing method or the like may be used. As a technique for rendering surface textures and patterns on a surface of the tree-dimensional object, texture mapping or the like may be used.”, col 7 lines 20-45 etc as set forth above. In addition the cited portion of Kanetaka appear to teach blending the historical positions in addition to the current for displaying a trail of the spark elements which is merely an additional feature of Kanetaka, and the system of Park as modified by Kanetaka can operate without adding the additional features. For the same reason as set forth above, independent claims 15 and 24 reciting limitations similar in scope stand rejected. Dependent claims 2-10 and 16-23 stand rejected for depending on the rejected base claims. Statutory subject matter Claim 24 is considered to meet Statutory subject matter as the claimed “A computer readable storage medium” is defined in [0169] “As defined herein, the computer-readable medium does not include computer readable transitory media such as modulated data signals and carrier waves.” Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 4, 7-10, 15, 18, 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Park et el (US 20170032567 A1), and further in view of Kanetaka et al (US 6778948 B1). RE claim 1, Park teaches A method of virtual model rendering (abstract), comprising: selecting a plurality of mesh vertices from mesh vertices of a virtual model based on a predetermined manner; rendering the virtual model to obtain a background image; and rendering each of the plurality of mesh vertices on the background image to generate a rendering effect image for the virtual model (Figs 1-4, abstract). Park is silent RE: configuring point primitives corresponding to each of the plurality of mesh vertices; determining attribute parameters of point primitives corresponding to each of the plurality of mesh vertices based on the background image, the attribute parameters comprising at least one of the following: visibility parameters, rendering positions, brightness or sizes; and rendering point primitives corresponding to each of the plurality of mesh vertices on the background image based on the attribute parameters of point primitives corresponding to the each of the plurality of mesh vertices to generate the rendering effect image. However Kanetaka teaches in Figs 5-6 and col 6 lines 25-33, col 7 lines 20-45 wherein the spark polygon is a point primitive that can be configured and rendered at the corresponding to each of the plurality of mesh vertices based on attributes like shape, size, color/texture pattern etc, as readily recognized by one of ordinary skill in the art to generate the rendering effect image with a desired special effect corresponding to each of the plurality of mesh vertices with reduced processing. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include in Park a system and method configuring point primitives corresponding to each of the plurality of mesh vertices; determining attribute parameters of point primitives corresponding to each of the plurality of mesh vertices based on the background image, the attribute parameters comprising at least one of the following: visibility parameters, rendering positions, brightness or sizes; and rendering point primitives corresponding to each of the plurality of mesh vertices on the background image based on the attribute parameters of point primitives corresponding to the each of the plurality of mesh vertices to generate the rendering effect image, as set forth above applying Kanetaka, in order to generate the second display image for a desired special effect corresponding to each of the plurality of mesh vertices with reduced processing and thereby increasing system effectiveness and user experience. RE claim 4, Park as modified by Kanetaka teaches wherein the determining, based on the background image, attribute parameters of point primitives corresponding to each of the plurality of mesh vertices comprises at least one of: determining, based on the background image, visibility parameters of point primitives corresponding to each of the plurality of mesh vertices, the visibility parameters comprising a first parameter for characterizing visibility of corresponding point primitives or a second parameter for characterizing invisibility of corresponding point primitives; determining, based on the background image, rendering positions of point primitives corresponding to each of the plurality of mesh vertices; determining, based on the background image, brightness of point primitives corresponding to each of the plurality of mesh vertices; or determining, based on the background image, sizes of point primitives corresponding to each of the plurality of mesh vertices (Kanetaka Fig 5, abstract, col 6 lines 25-34). RE claim 7, Park as modified by Kanetaka teaches wherein the determining, based on the background image, rendering positions of point primitives corresponding to each of the plurality of mesh vertices comprises: obtaining position coordinates of each of the plurality of mesh vertices in the background image; and determining position coordinates of each of the plurality of mesh vertices as rendering positions of point primitives corresponding to each of the plurality of mesh vertices (Kanetaka Fig 5, abstract, col 6 lines 25-34 and Park Figs 1-4, abstract). RE claim 8, Park as modified by Kanetaka teaches wherein the determining, based on the background image, brightness of point primitives corresponding to each of the plurality of mesh vertices comprises: obtaining brightness of pixels corresponding to each of the plurality of mesh vertices in the background image; and determining brightness of point primitives corresponding to each of the plurality of mesh vertices based on brightness of pixels corresponding to the each of the plurality of mesh vertices, wherein brightness of point primitives corresponding to the mesh vertices is positively correlated with brightness of pixels corresponding to the mesh vertices (Park Fig 4, [0005], [0037]- [0038], [0041], [0073], and Kanetaka Fig 5, col 3 lines 60- col 4 line 03, col 7 lines 20-26). RE claim 9, Park as modified by Kanetaka teaches wherein the determining, based on the background image, sizes of point primitives corresponding to each of the plurality of mesh vertices comprises: obtaining depths of pixels corresponding to each of the plurality of mesh vertices in the background image; and determining sizes of point primitives corresponding to each of the plurality of mesh vertices based on depths of pixels corresponding to each of the plurality of mesh vertices, wherein sizes of point primitives corresponding to the mesh vertices are negatively correlated with depths of pixels corresponding to the mesh vertices (Kanetaka Fig 5, col 3 lines 60- col 4 line 03, col 7 lines 20-26). RE claim 10, Park as modified by Kanetaka teaches further comprising: obtaining a moment corresponding to the rendering effect image; and adjusting, based on the moment, brightness and/or sizes of point primitives corresponding to each of the plurality of mesh vertices (Kanetaka Fig 5, col 7 lines 59- col 8 line 25). Claims 15, 18, 21-23 recite limitations similar in scope with limitations of claims 1, 4, 7-9 and therefore rejected under the same rationale. In addition Park teaches An electronic device, comprising: a memory and a processor, wherein the memory is configured to store a computer program; the processor is configured to cause the electronic device to perform acts when executing the computer program (Fig 6, [0082]). Claim 24 recites limitations similar in scope with limitations of claim 1 and therefore rejected under the same rationale. In addition Park teaches A computer readable storage medium, wherein a computer program is stored thereon ([0085]). Claims 2 and 16 rejected under 35 U.S.C. 103 as being unpatentable over Park as modified by Kanetaka, and further in view of Komatsumoto (US 20090111579 A1). RE claim 2, Park as modified by Kanetaka teaches wherein the selecting, based on a predetermined manner, a plurality of mesh vertices from mesh vertices of a virtual model comprises: selecting, based on a predefined number of point primitives, a same number of mesh vertices from mesh vertices of the virtual model (Kanetaka abstract, Fig 5, col 6 lines 25-28). Park as modified by Kanetaka is silent RE randomly selecting the vertices. However Komatsumoto teaches in [0040]. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include in Park as modified by Kanetaka a system and method of randomly selecting the vertices, as suggested by Komatsumoto, in order to allow applying the point primitive at random positions and thereby increasing system effectiveness and user experience. Claim 16 recites limitations similar in scope with limitations of claim 2 and therefore rejected under the same rationale. Claims 3 and 17 rejected under 35 U.S.C. 103 as being unpatentable over Park as modified by Kanetaka, and further in view of Ha et al (US 20170132830 A1). RE claim 3, Park as modified by Kanetaka is silent RE wherein the selecting, based on a predetermined manner, a plurality of mesh vertices from mesh vertices of a virtual model comprises: dividing mesh vertices of the virtual model into a plurality of mesh vertex sets based on a sparse degree of the predefined point primitives; and randomly selecting a mesh vertex from each mesh vertex set in the plurality of mesh vertex sets respectively. However Ha teaches in [0025], [0070], [0086], [0097] in order to allow special effect/shading on the complexity of the vertex group. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include in Park as modified by Kanetaka a system and method wherein the selecting, based on a predetermined manner, a plurality of mesh vertices from mesh vertices of a virtual model comprises: dividing mesh vertices of the virtual model into a plurality of mesh vertex sets based on a sparse degree of the predefined point primitives; and randomly selecting a mesh vertex from each mesh vertex set in the plurality of mesh vertex sets respectively, as suggested by Ha, in order to further control the rendering and thereby increasing system effectiveness and user experience. Claim 17 recites limitations similar in scope with limitations of claim 3 and therefore rejected under the same rationale. Claims 5-6 and 19-20 rejected under 35 U.S.C. 103 as being unpatentable over Park as modified by Kanetaka, and further in view of Komatsumoto (US 20090111579 A1). RE claim 5, Park as modified by Kanetaka is silent RE wherein the determining, based on the background image, visibility parameters of point primitives corresponding to each of the plurality of mesh vertices comprises: obtaining brightness of pixels corresponding to each of the plurality of mesh vertices in the background image; deciding whether brightness of pixels corresponding to each of the plurality of mesh vertices is greater than or equal to a threshold brightness; and determining, based on a result of the decision, visibility parameters of point primitives corresponding to the mesh vertices. However Lin teaches in [0026] to determine Visible Points of a Controllable Display within a Camera View. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include in Park as modified by Kanetaka a system and method wherein the determining, based on the background image, visibility parameters of point primitives corresponding to each of the plurality of mesh vertices comprises: obtaining brightness of pixels corresponding to each of the plurality of mesh vertices in the background image; deciding whether brightness of pixels corresponding to each of the plurality of mesh vertices is greater than or equal to a threshold brightness; and determining, based on a result of the decision, visibility parameters of point primitives corresponding to the mesh vertices, as set forth above applying Lin in order to further control the rendering based on visibility and thereby increasing system effectiveness and user experience. RE claim 6, Park as modified by Kanetaka and Lin teaches wherein the determining, based on decided results, visibility parameters of point primitives corresponding to the mesh vertices comprises: if brightness of pixels corresponding to the mesh vertices is greater than or equal to the threshold brightness, determining visibility parameters of point primitives corresponding to the mesh vertices as the first parameter; and if brightness of pixels corresponding to the mesh vertices is less than the threshold brightness, determining visibility parameters of point primitives corresponding to the mesh vertices as the second parameter (Lin [0026]). Claims 19-20 recites limitations similar in scope with limitations of claims 5-6 and therefore rejected under the same rationale. Conclusion THIS ACTION IS MADE FINAL. 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 SULTANA MARCIA ZALALEE whose telephone number is (571)270-1411. The examiner can normally be reached Monday- Friday 8:00am-4:30pm. 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, Kent Chang can be reached at (571)272-7667. 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. /Sultana M Zalalee/ Primary Examiner, Art Unit 2614
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Prosecution Timeline

Dec 04, 2023
Application Filed
Oct 29, 2025
Non-Final Rejection mailed — §103
Mar 02, 2026
Response Filed
Apr 23, 2026
Final Rejection mailed — §103 (current)

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