Prosecution Insights
Last updated: August 16, 2026
Application No. 18/949,273

STORAGE MEDIUM, INFORMATION PROCESSING SYSTEM, AND GAME PROCESSING METHOD

Non-Final OA §102§103
Filed
Nov 15, 2024
Priority
Nov 17, 2023 — JP 2023-195648
Examiner
GARNER, WERNER G
Art Unit
Tech Center
Assignee
Nintendo Co., Ltd.
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
1y 5m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
466 granted / 779 resolved
At TC average
Strong +24% interview lift
Without
With
+24.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
36 currently pending
Career history
816
Total Applications
across all art units

Statute-Specific Performance

§101
16.6%
-23.4% vs TC avg
§103
34.1%
-5.9% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 779 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Claims 1, 3-5, 7-10, 14, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sonic Riders . Regarding Claim 1: Sonic Riders discloses one or more non-transitory computer-readable media having stored therein instructions that, when executed, cause one or more processors to execute race game operations comprising: controlling a player object in a virtual space in accordance with a user operation (Sonic Riders, while riding your Extreme Gear, use the left analog stick «= =» to steer left and right around the track [p. 15]); causing the player object in a general area in the virtual space to move in a direction in accordance with a directional operation input made by a user (Sonic Riders, while riding your Extreme Gear, use the left analog stick «= =» to steer left and right around the track [p. 15]); causing the player object on a predetermined object in the virtual space to move in a direction along the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]); causing the player object to perform a jump action in a direction away from the predetermined object in response to a first operation input made by the user while the player object is moving on the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]); and causing the player object to move in an advantageous moving state that is advantageous in a race game at least after the player object lands from the jump action (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed [p. 17]). Regarding Claim 3: Sonic Riders further discloses wherein causing the player object to move in the advantageous moving state after landing from the jump action is executed regardless of the amount of time over which the player object has moved on the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed [p. 17]). Regarding Claim 4: Sonic Riders further discloses wherein causing the player object to move in the advantageous moving state after landing from the jump action is executed if a parameter, which increases in accordance with continuation of the player object moving on the predetermined object, has reached a predetermined value (Sonic Riders, try to collect Rings positioned around the tracks. When your Ring count reaches certain levels, you will Level-Up, increasing your parameters and abilities [p. 21]). Regarding Claim 5: Sonic Riders further discloses wherein if the player object, which has been caused to perform the jump action in a direction away from the predetermined object, lands on the predetermined object (Sonic Riders, so essentially you'll need to Jump twice to properly land on a rail [p. 17]): the player object is caused to move in a direction along the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]); and the player object, moving along the predetermined object, is caused to move in the advantageous moving state (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed [p. 17]). Regarding Claim 7: Sonic Riders further discloses wherein a speed of the player object while in the advantageous moving state is faster than a speed of the player object while not in the advantageous moving state (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed [p. 17]). Regarding Claim 8: Sonic Riders further discloses wherein: a plurality of mobile objects, including the player object, participate in the race game (Sonic Riders, Air Boost also allows you to attack rivals ahead of you [p. 16]); the race game operations further comprise: in response to a first mobile object participating in the race game colliding, on the predetermined object, with a second mobile object participating in the race game from behind the second mobile object, causing the second mobile object to move off the predetermined object (Sonic Riders, Air Boost also allows you to attack rivals ahead of you [p. 16]). Regarding Claim 9: Sonic Riders further discloses wherein the race game operations further comprise controlling an action of an attack item used by a first mobile object participating in the race game to attack a second mobile object so that if the first mobile object on the predetermined object fires the attack item, the attack item travels along the predetermined object (Sonic Riders, launches a bomb at players ahead knocking them off balance [p. 20]). Regarding Claim 10: Sonic Riders further discloses wherein controlling the action of the attack item comprises: if the mobile object not located on the predetermined object fires the attack item, controlling the attack item so that the attack item travels toward the second mobile object (Sonic Riders, launches a bomb at players ahead knocking them off balance [p. 20]); and if the first mobile object on the predetermined object fires the attack item, controlling the attack item so that the attack item travels toward the second mobile object after having traveled along the predetermined object and come off the predetermined object from an end of the predetermined object (Sonic Riders, launches a bomb at players ahead knocking them off balance [p. 20]). Regarding Claim 14: Sonic Riders further discloses wherein: the predetermined object includes a rail object in the virtual space (Sonic Riders, Approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front) [p. 17]); and causing the player object to move on the rail object is executed in response to the player object coming in proximity to the rail object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]). Regarding Claim 18: Soni Riders discloses an information processing system comprising: a memory and one or more processors configured to execute race game operations (Sonic Riders, this software is designed for use with the PlayStation®2 computer entertainment system [p. 1]) comprising: controlling a player object in a virtual space in accordance with a user operation (Sonic Riders, while riding your Extreme Gear, use the left analog stick «= =» to steer left and right around the track [p. 15]); causing the player object in a general area in the virtual space to move in a direction in accordance with a directional operation input made by a user (Sonic Riders, while riding your Extreme Gear, use the left analog stick «= =» to steer left and right around the track [p. 15]); causing the player object on a predetermined object in the virtual space to move in a direction along the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]); causing the player object to perform a jump action in a direction away from the predetermined object in response to a first operation input made by the user while the player object is moving on the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]); and causing the player object to move in an advantageous moving state that is advantageous in the race game at least after the player object lands from the jump action (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed [p. 17]). Regarding Claim 19: Soni Riders discloses a game processing method executable by an information processing system executing a race game, the method comprising: controlling a player object in a virtual space in accordance with a user operation (Sonic Riders, while riding your Extreme Gear, use the left analog stick «= =» to steer left and right around the track [p. 15]); causing the player object in a general area in the virtual space to move in a direction in accordance with a directional operation input made by a user (Sonic Riders, while riding your Extreme Gear, use the left analog stick «= =» to steer left and right around the track [p. 15]); causing the player object on a predetermined object in the virtual space to move in a direction along the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]); causing the player object to perform a jump action in a direction away from the predetermined object in response to a first operation input made by the user while the player object is moving on the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed; approach a pipe or rail suitable for Grinding (grindable rails have a blue light at the front), and press the & button to connect; grind surfaces must be approached from above, so it may be necessary to first Jump (€ button) or make use of a ramped surface; so essentially you'll need to Jump twice to properly land on a rail [p. 17]); and cause the player object to move in an advantageous moving state that is advantageous in the race game at least after the player object lands from the jump action (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed [p. 17]). 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sonic Riders in view of Uberti et al., US 2023/0293999 A1 (hereinafter Uberti). Regarding Claim 2: Sonic Riders discloses the invention as recited above. Sonic Riders fails to explicitly disclose wherein causing the player object to move in the advantageous moving state is executed for a predetermined period of time since starting from a time of landing of the player object from the jump action. Uberti teaches wherein causing the player object to move in the advantageous moving state is executed for a predetermined period of time since starting from a time of landing of the player object from the jump action (Uberti, a number of power-ups for an in-game character may be a number of temporary upgrades which, when activated, affect an ability of an in-game character; for example, such a temporary upgrade may be a speed boost which, when activated, enables the in-game character to run faster for a period of time, such as, say, 30 seconds [0069]). Sonic Riders discloses a racing video game (Sonic Riders, The EX World Grand Prix [p. 4]). Racing is performed on Extreme Gear Boards (Sonic Riders [p. 15]). The game allows players to execute grinds allowing the player to travel at speeds faster than the standard riding speed (Sonic Riders [p. 17]). Sonic Riders also discloses receiving maximum bonus Air by smashing obstacles (Sonic Riders [p. 18]). Use of Trick Actions and Character Type Skills such as Grinding, can sometimes allow you to access hidden shortcuts around the course Sonic Riders [p. 18]). Uberti teaches a number of power-ups for an in-game character that may be a number of temporary upgrades which, when activated, affect an ability of an in-game character (Uberti [0069]). For example, such a temporary upgrade may be a speed boost which, when activated, enables the in-game character to run faster for a period of time, such as, say, 30 seconds (Uberti [0069]). Alternatively or in addition, such a temporary upgrade may be a jump boost, a damage boost, or the like (Uberti [0069]). These temporary upgrades may, when activated, respectively enable the in-game character to jump higher, inflict more damage, or the like for a period of time (Uberti [0069]). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the racing video game that allows players to execute grinds and trick actions that provide the player with advantages in gameplay as disclosed by Sonic Riders with the inclusion of power-ups as taught by Uberti to create exciting game play that rewards skillful play with power-ups. Regarding Claim 6: Sonic Riders further discloses wherein: causing the player object to move in the advantageous moving state is executed for a predetermined period of time from a point in time at which the player object landed from the jump action, regardless of the amount of time over which the player object has moved on the predetermined object (Sonic Riders, grinding allows you to travel at speeds faster than the standard riding speed [p. 17]). Sonic Riders fails to explicitly disclose where the player object is caused to move in the direction along the predetermined object in the advantageous moving state, if the player object is caused to perform the jump action in the direction away from the predetermined object and the player object lands again on the predetermined object, causing the player object to move in the advantageous moving state is executed for the predetermined period of time from the point in time of landing. Uberti teaches where the player object is caused to move in the direction along the predetermined object in the advantageous moving state, if the player object is caused to perform the jump action in the direction away from the predetermined object and the player object lands again on the predetermined object, causing the player object to move in the advantageous moving state is executed for the predetermined period of time from the point in time of landing (Uberti, a number of power-ups for an in-game character may be a number of temporary upgrades which, when activated, affect an ability of an in-game character; for example, such a temporary upgrade may be a speed boost which, when activated, enables the in-game character to run faster for a period of time, such as, say, 30 seconds [0069]). As discussed above with respect to claim 2, it would have been obvious to one of ordinary skill in the art before the effective filing date to combine the racing video game that allows players to execute grinds and trick actions that provide the player with advantages in gameplay as disclosed by Sonic Riders with the inclusion of power-ups as taught by Uberti to create exciting game play that rewards skillful play with power-ups. Claims 11-13 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Sonic Riders in view of Tony Hawk’s Pro Skater 3. Regarding Claim 11: Sonic Riders discloses the invention as recited above. Sonic Riders fails to explicitly disclose the predetermined object includes a wall object in the virtual space; and causing the player object to move on the wall object is executed in response to the player object coming in proximity to the wall object by the jump action. Tony Hawk’s Pro Skater 3 teaches wherein: the predetermined object includes a wall object in the virtual space (Tony Hawk's Pro Skater 3, Wallride - Press the ® button to jump, then hold down the@ button when in the air near a wall, sign, building, etc. [p. 3]); and causing the player object to move on the wall object is executed in response to the player object coming in proximity to the wall object by the jump action (Tony Hawk's Pro Skater 3, Wallride - Press the ® button to jump, then hold down the@ button when in the air near a wall, sign, building, etc. [p. 3]). Sonic Riders discloses a racing video game (Sonic Riders, The EX World Grand Prix [p. 4]). Racing is performed on Extreme Gear Boards (Sonic Riders [p. 15]). The game allows players to execute grinds allowing the player to travel at speeds faster than the standard riding speed (Sonic Riders [p. 17]). Sonic Riders also discloses receiving maximum bonus Air by smashing obstacles (Sonic Riders [p. 18]). Use of Trick Actions and Character Type Skills such as Grinding, can sometimes allow you to access hidden shortcuts around the course Sonic Riders [p. 18]). Tony Hawks Pro Skater 3 teaches a skateboard game. Tony Hawks Pro Skater 3 teaches wallrides that allow players to jump onto a wall and ride the skateboard (Tony Hawk’s Pro Skater 3 [p. 3]). It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the racing video game that allows players to execute grinds and trick actions that provide the player with advantages in gameplay as disclosed by Sonic Riders with the ability to ride on walls as taught by Tony Hawk’s Pro Skater 3 in order to do tricks on more surfaces in the virtual area. Regarding Claim 12: Sonic Riders further discloses wherein the race game includes a game of a first type in which one or more objects, including the player object, participating in the race game, race by moving in a predetermined moving direction on a predetermined course in the virtual space (Sonic Riders, NORMAL RACE [p. 10]); and a game of a second type in which the player object can move in areas different from the predetermined course in the virtual space, and wherein a plurality of the predetermined objects are arranged in areas where the player object can move in the game of the first type, and a plurality of the predetermined objects are arranged in areas where the player object can move in the game of the second type (Sonic Riders, SURVIVAL BATTLE STAGE; the objective is to move around the special courses attacking the other characters until only one remains [p. 23]). Regarding Claim 13: Sonic Riders further discloses wherein: causing the player object to move in a direction in accordance with a directional operation input made by the user comprises causing the player object to move in a predetermined moving state in response to a predetermined operation input being made by the user while the player object is moving in the general area (Sonic Riders, Air Boost; Press the @ / © button for an extra blast of speed [p. 16]); and the race game operations further comprising causing the player object to perform a jump action in response to an operation input to cancel the predetermined moving state on a condition that a parameter, which increases in accordance with continuation of the predetermined moving state, have reached a predetermined value (Sonic Riders, Air Boost; Press the @ / © button for an extra blast of speed [p. 16]). Regarding Claim 15: Sonic Riders discloses the invention as recited above. Sonic Riders fails to explicitly disclose wherein: objects of a first type and objects of a second type are arranged as the predetermined objects in the virtual space; a process of causing the player object to move on the predetermined object comprises: causing the player object to move on an object of the first type in response to the player object coming in proximity to an object of the first type by a jump action; and causing the player object to move on an object of the second type in response to the player object coming in proximity to the object of the second type, whether by a jump action or not. Tony Hawk’s Pro Skater 3 teaches wherein: objects of a first type and objects of a second type are arranged as the predetermined objects in the virtual space (Tony Hawk's Pro Skater 3, Wallride - Press the ® button to jump, then hold down the@ button when in the air near a wall, sign, building, etc. [p. 3]); a process of causing the player object to move on the predetermined object comprises: causing the player object to move on an object of the first type in response to the player object coming in proximity to an object of the first type by a jump action (Tony Hawk's Pro Skater 3, a gap is a difficult jump or maneuver, which deserves extra points, over a spot; a gap can encompass nearly anything-a jump from one ramp to another, transition across two quarterpipes far away, grinding a long, kinked rail, or even manualing across a particularly tough table [p. 16]); and causing the player object to move on an object of the second type in response to the player object coming in proximity to the object of the second type, whether by a jump action or not (Tony Hawk's Pro Skater 3, a gap is a difficult jump or maneuver, which deserves extra points, over a spot; a gap can encompass nearly anything-a jump from one ramp to another, transition across two quarterpipes far away, grinding a long, kinked rail, or even manualing across a particularly tough table [p. 16]). Sonic Riders discloses a racing video game (Sonic Riders, The EX World Grand Prix [p. 4]). Racing is performed on Extreme Gear Boards (Sonic Riders [p. 15]). The game allows players to execute grinds allowing the player to travel at speeds faster than the standard riding speed (Sonic Riders [p. 17]). Sonic Riders also discloses receiving maximum bonus Air by smashing obstacles (Sonic Riders [p. 18]). Use of Trick Actions and Character Type Skills such as Grinding, can sometimes allow you to access hidden shortcuts around the course Sonic Riders [p. 18]). Tony Hawks Pro Skater 3 teaches a skateboard game. Tony Hawks Pro Skater 3 teaches gap jumps (Tony Hawk’s Pro Skater 3 [p. 16]). A gap is a difficult jump or maneuver, which deserves extra points, over a spot; a gap can encompass nearly anything-a jump from one ramp to another, transition across two quarterpipes far away, grinding a long, kinked rail, or even manualing across a particularly tough table (Tony Hawk’s Pro Skater 3 [p. 16]) It would have been obvious to one of ordinary skill in the art before the effective filing date to combine the racing video game that allows players to execute grinds and trick actions that provide the player with advantages in gameplay as disclosed by Sonic Riders with the ability to gap jump as taught by Tony Hawk’s Pro Skater 3 in order to do tricks on more surfaces in the virtual area. Regarding Claim 16: Tony Hawks Pro Skater 3 further teaches wherein: the object of the first type is a wall object in the virtual space (Tony Hawk's Pro Skater 3, Wallride - Press the ® button to jump, then hold down the@ button when in the air near a wall, sign, building, etc. [p. 3]); and in causing the player object to move on the predetermined object, the player object is caused to move on a wall surface of the wall object (Tony Hawk's Pro Skater 3, Walls - Ride them if you can [p. 15]). Regarding Claim 17: Tony Hawks Pro Skater 3 further teaches wherein the object of the second type is a rail object in the virtual space (Tony Hawk's Pro Skater 3, Rails - Center and edge rails for extra grind [p. 15]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WERNER G GARNER whose telephone number is (571)270-7147. The examiner can normally be reached M-F 7:30-15:30 EST. 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, DAVID LEWIS can be reached at (571) 272-7673. 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. /WERNER G GARNER/Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Nov 15, 2024
Application Filed
Dec 20, 2024
Response after Non-Final Action
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
84%
With Interview (+24.5%)
3y 2m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 779 resolved cases by this examiner. Grant probability derived from career allowance rate.

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