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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1-4, 14-16 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim (s) 1 of U.S. Patent No. (9.706, 319 B2) and in light of Giundi et al. (US 9,949,038). Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and instant application are related to various mode and corresponding enabling and disabling of radio, however, while the patent never mentioned of “device to enable radio and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content”.
However, Giundi disclose of the similar aspect concerning a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content (fig.2-3 w (slave-master w (34)); col.3 line 30-55/the slave to master allow radio to be enable and receive audio from other playback device (34))). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content so as to receive data stream from the external device for sharing and play back.
Claim(s) 2, the device of claim1, wherein the first operating frequency band is different than the second operating frequency band (G-col.3 line 10-40).
3. The playback device of claim 1, wherein the program instructions that, when executed by the at least one processor, cause the playback device to operate in the second mode comprise program instructions that, when executed by the at least one processor, cause the playback device to: operate in the second mode in which the playback device (i) utilizes the second radio to communicate with the given other playback device over the second network and (ii) utilizes the first radio to communicate with the given computing device over the first network (G-fig.2-3 (18/20/34)).
4. The playback device of claim 1, further comprising program instructions stored on the at least one non-transitory computer readable medium that, when executed by the at least one processor, cause the playback device to: transition from operating in the second mode to operating in the first mode (G-fig.2-3; col.5 line 20-50/transition to various modes).
Claim(s) 15-16 which in substance disclose of same features to that of claim(s) 3-4 have been analyzed and rejected accordingly.
Claim(s) 1-4, 14-16 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim (s) 1 of U.S. Patent No. (11,057, 725 B2) and in light of Giundi et al. (US 9,949,038). Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and instant application are related to various mode and corresponding enabling and disabling of radio, however, while the patent never mentioned of “device to enable radio and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content”.
However, Giundi disclose of the similar aspect concerning a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content (fig.2-3 w (slave-master w (34)); col.3 line 30-55/the slave to master allow radio to be enable and receive audio from other playback device (34))). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content so as to receive data stream from the external device for sharing and play back.
Claim(s) 2, the device of claim1, wherein the first operating frequency band is different than the second operating frequency band (G-col.3 line 10-40).
3. The playback device of claim 1, wherein the program instructions that, when executed by the at least one processor, cause the playback device to operate in the second mode comprise program instructions that, when executed by the at least one processor, cause the playback device to: operate in the second mode in which the playback device (i) utilizes the second radio to communicate with the given other playback device over the second network and (ii) utilizes the first radio to communicate with the given computing device over the first network (G-fig.2-3 (18/20/34)).
4. The playback device of claim 1, further comprising program instructions stored on the at least one non-transitory computer readable medium that, when executed by the at least one processor, cause the playback device to: transition from operating in the second mode to operating in the first mode (G-fig.2-3; col.5 line 20-50/transition to various modes).
Claim(s) 15-16 which in substance disclose of same features to that of claim(s) 3-4 have been analyzed and rejected accordingly.
Claim(s) 1-4, 14-16 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim (s) 1 of U.S. Patent No. (11,812, 228 B2) and in light of Giundi et al. (US 9,949,038). Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and instant application are related to various mode and corresponding enabling and disabling of radio, however, while the patent never mentioned of “device to enable radio and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content”.
However, Giundi disclose of the similar aspect concerning a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content (fig.2-3 w (slave-master w (34)); col.3 line 30-55/the slave to master allow radio to be enable and receive audio from other playback device (34))). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content so as to receive data stream from the external device for sharing and play back.
Claim(s) 2, the device of claim1, wherein the first operating frequency band is different than the second operating frequency band (G-col.3 line 10-40).
3. The playback device of claim 1, wherein the program instructions that, when executed by the at least one processor, cause the playback device to operate in the second mode comprise program instructions that, when executed by the at least one processor, cause the playback device to: operate in the second mode in which the playback device (i) utilizes the second radio to communicate with the given other playback device over the second network and (ii) utilizes the first radio to communicate with the given computing device over the first network (G-fig.2-3 (18/20/34)).
4. The playback device of claim 1, further comprising program instructions stored on the at least one non-transitory computer readable medium that, when executed by the at least one processor, cause the playback device to: transition from operating in the second mode to operating in the first mode (G-fig.2-3; col.5 line 20-50/transition to various modes).
Claim(s) 15-16 which in substance disclose of same features to that of claim(s) 3-4 have been analyzed and rejected accordingly.
Claim(s) 1-4, 14-16 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim (s) 1 of U.S. Patent No. (12,245, 003 B2) and in light of Giundi et al. (US 9,949,038). Although the claims at issue are not identical, they are not patentably distinct from each other because the patent and instant application are related to various mode and corresponding enabling and disabling of radio, however, while the patent never mentioned of “device to enable radio and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content”.
However, Giundi disclose of the similar aspect concerning a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content (fig.2-3 w (slave-master w (34)); col.3 line 30-55/the slave to master allow radio to be enable and receive audio from other playback device (34))). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a device comprising: a second radio being configured to be enabled and operate in second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network and sent request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device, and after joining the playback group with the given other playback device , receive the media content over the second network and play back the media content so as to receive data stream from the external device for sharing and play back.
Claim(s) 2, the device of claim1, wherein the first operating frequency band is different than the second operating frequency band (G-col.3 line 10-40).
3. The playback device of claim 1, wherein the program instructions that, when executed by the at least one processor, cause the playback device to operate in the second mode comprise program instructions that, when executed by the at least one processor, cause the playback device to: operate in the second mode in which the playback device (i) utilizes the second radio to communicate with the given other playback device over the second network and (ii) utilizes the first radio to communicate with the given computing device over the first network (G-fig.2-3 (18/20/34)).
4. The playback device of claim 1, further comprising program instructions stored on the at least one non-transitory computer readable medium that, when executed by the at least one processor, cause the playback device to: transition from operating in the second mode to operating in the first mode (G-fig.2-3; col.5 line 20-50/transition to various modes).
Claim(s) 15-16 which in substance disclose of same features to that of claim(s) 3-4 have been analyzed and rejected accordingly.
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.
Claim(s) 1-6, 8, 14-17, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giundi et al. (US 9,949,038 B2).
Claim 1, the prior art as in Giundi et al. disclose of a playback device comprising: at least one processor; a network interface (fig.1 (14/18/20); col.2 line 60-67 & col.3 line 1-20) comprising: a first radio that is configured to connect the playback device to one or more computing devices via a first network that uses a first operating frequency band; and a second radio that is configured to connect the playback device to one or more other playback devices via a second network that uses a second operating frequency band (fig.1-2 (18/20); col.3 line 1-25) ;at least one non-transitory computer-readable medium; and program instructions stored on the at least one non-transitory computer readable medium that, when executed by the at least one processor, cause the playback device to: operate in a first mode in which (i) the second radio is disabled and (ii) the playback device utilizes the first radio to communicate with a given computing device over the first network (fig.1-3 (18/20); col.3 line20-67);and while operating in the first mode, receive an input, in response to the input: enable the second radio (fig.3; col.3 line 30-67/base on switch then enable the radio based on master mode).
Nonetheless, the prior art never specify as receiving the user input indicating a request to join a playback group with a given other playback device that is playing back media content; but, one of the ordinary skills in the art could have modified the prior art by adding such noted concept related to receiving input by specifying if desired such receiving the user input indicating a request to join a playback group with a given other playback device that is playing back media content for achieving the same result as to reconfigure the device automatically to conserve power.
Giundi et al. further disclose as in response to the user input: enable the second radio; operate in a second mode in which the playback device utilizes the second radio to communicate with the given other playback device over the second network; and send a request to establish a connection with the other playback device and thereby cause the playback device to join the playback group with the given other playback device; and after joining the playback group with the given other playback device : receive the media content over the second network; and play back the media content (fig.2-3; col.4 line 20-43/in second mode the device may receive media from television over the second network).
2. The playback device of claim 1, wherein the first operating frequency band is different from the second operating frequency band (col.3 line 10-50).
3. The playback device of claim 1, wherein the program instructions that, when executed by the at least one processor, cause the playback device to operate in the second mode comprise program instructions that, when executed by the at least one processor, cause the playback device to:operate in the second mode in which the playback device (i) utilizes the second radio to communicate with the given other playback device over the second network and (ii) utilizes the first radio to communicate with the given computing device over the first network (fig.2-3 (18/20/34); col.3 line 1-50).
4. The playback device of claim 1, further comprising program instructions stored on the at least one non-transitory computer readable medium that, when executed by the at least one processor, cause the playback device to: transition from operating in the second mode to operating in the first mode (G-fig.3; col.5 line 20-55).
5. The playback device of claim 1, further comprising program instructions stored on the at least one non-transitory computer-readable medium that, when executed by the at least one processor, but the art never mentioned as cause the playback device to: based on the user input, cause the other playback device to stop playing back the media content.
However, the examiner takes official notice such concept as a playback device to: based on the user input, cause the other playback device to stop playing back the media content is well known in the art. Thus, one of the ordinary skills in the art could have modified the art by adding such noted aspect related to as based on the user input, cause the other playback device to stop playing back the media content is well known in the art so as to allow use to manually suspend rendering of media content.
6. The playback device of claim 1, wherein the first operating frequency band comprises an operating frequency band and wherein the second operating frequency band comprises an operating frequency band (G-col.3 line 1-50).
But, the prior art never limit such varied frequencies as being in accordance with Institute of Electrical and Electronics Engineers ("IEEE") section 802.15 standards, and wherein the second operating frequency band comprises an operating frequency band in accordance with IEEE 802.11 standards.
But, the examiner takes official notice varying the mentioned frequencies to such specific frequencies as being in accordance with Institute of Electrical and Electronics Engineers ("IEEE") section 802.15 standards, and wherein the second operating frequency band comprises an operating frequency band in accordance with IEEE 802.11 standards is well known in the art. Thus, one of the ordinary skills in the art could have modified the art by adding such specific frequencies as being in accordance with Institute of Electrical and Electronics Engineers ("IEEE") section 802.15 standards, and wherein the second operating frequency band comprises an operating frequency band in accordance with IEEE 802.11 standards for allowing wireless communication between various devices.
8. The playback device of claim 1, wherein the first frequency band and second frequency band are noted (G-col.3 line 1-50), although, the art never specify as the first frequency band comprises a 2.4 gigahertz ("GHz") frequency band; and the second frequency band comprises a 5 GHz frequency band.
But, one of the ordinary skills in the art could have varied the mentioned frequency band by specifying if desire such first frequency band comprises a 2.4 gigahertz ("GHz") frequency band; and the second frequency band comprises a 5 GHz frequency band so as to allow various communication according to proximity to other devices.
The claim(s) 14-17 which in substance disclose of the same feature as that to claim(s) 1, 3-5 have been analyzed and allowed accordingly.
The claim(s) 20 which in substance disclose of the same feature as that to claim(s) 1 have been analyzed and allowed accordingly.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giundi et al.(US 9,949,038 B2) and Mayman et al. (US 9,326,069 B2).
7. The playback device of claim 1, but the prior art never specify as wherein the first network is established in the first frequency band via a frequency hopping configuration within the first frequency band.
However, Mayman disclose of similar concept related to a network is established in the first frequency band via a frequency hopping configuration (col.6 line 10-16). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a network is established in the first frequency band via a frequency hopping configuration so as to implement the wireless communications of various devices.
Claim(s) 9, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giundi et al.(US 9,949,038 B2) and Chen (US 2008/0107300 A1).
9. The playback device of claim 1, but the prior art never mentioned as further comprising: one or more first transducers; one or more second transducers; wherein the media content comprises a first channel of the media content and a second channel of the media content; and wherein the program instructions that, when executed by the at least one processor, cause the playback device to play back the media content comprise program instructions that, when executed by the at least one processor, cause the playback device to: play back, via the one or more first transducers, the first channel of the media content; and play back, via the one or more second transducers, the second channel of the media content.
But, it shall be noted Chen disclose of the similar aspect related to a certain device comprising: one or more first transducers; one or more second transducers; wherein the media content comprises a first channel of the media content and a second channel of the media content; and wherein the program instructions that, when executed by the at least one processor, cause the playback device to play back the media content comprise program instructions that, when executed by the at least one processor, cause the playback device to: play back, via the one or more first transducers, the first channel of the media content; and play back, via the one or more second transducers, the second channel of the media content (fig.2B (9-10); par [28, 31]). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to having such a device comprising: one or more first transducers; one or more second transducers; wherein the media content comprises a first channel of the media content and a second channel of the media content; and wherein the program instructions that, when executed by the at least one processor, cause the playback device to play back the media content comprise program instructions that, when executed by the at least one processor, cause the playback device to: play back, via the one or more first transducers, the first channel of the media content; and play back, via the one or more second transducers, the second channel of the media content so as to allow hard to hear user to better listen to music .
The claim(s) 18 which in substance disclose of the same feature as that to claim(s) 9 have been analyzed and allowed accordingly.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giundi et al.(US 9,949,038 B2) and Wilson (US 2015/0319518 A1).
10. The playback device of claim 1, wherein the media content comprises audio content that is associated with video content (col.3 line 50-60), but it shall be observed Giundi lacked of the aspect concerning wherein a video playback device (i) is in the playback group with the other playback device and (ii) plays back the video content, and wherein the program instructions that, when executed by the at least one processor, cause the playback device to receive the media content over the second network comprise program instructions that, when executed by the at least one processor, cause the playback device to :receive the audio content over the second network, and wherein the program instructions that, when executed by the at least one processor, cause the playback device to play back the media content comprise program instructions that, when executed by the at least one processor, cause the playback device to: play back the audio content during playback of the video content by the video playback device.
But, Wilson disclose of the similar device wherein a video playback device (i) is in the playback group with the other playback device and (ii) plays back the video content (fig.1 (114); par [36. 39]). Thus, one of the ordinary skills in the art could have modified the prior art by adding such aspect related to a video playback device (i) is in the playback group with the other playback device and (ii) plays back the video content so as to provide video content for user.
The combined teaching of Giundi and Wilson as a whole, would have further mentioned of wherein the program instructions that, when executed by the at least one processor, cause the playback device to receive the media content over the second network comprise program instructions that, when executed by the at least one processor, cause the playback device to :receive the audio content over the second network, and wherein the program instructions that, when executed by the at least one processor, cause the playback device to play back the media content comprise program instructions that, when executed by the at least one processor, cause the playback device to: play back the audio content during playback of the video content by the video playback device (Wil-fig.1 (114, 110); par [36, 39, 49, 54]). Thus, one of the ordinary skills in the art could have modified the art by adding such aspect related to a processor, cause the playback device to receive the media content over the second network comprise program instructions that, when executed by the at least one processor, cause the playback device to :receive the audio content over the second network, and wherein the program instructions that, when executed by the at least one processor, cause the playback device to play back the media content comprise program instructions that, when executed by the at least one processor, cause the playback device to: play back the audio content during playback of the video content by the video playback device so as to improve the viewers experience of the media content being generated.
11. The playback device of claim 10, wherein the program instructions that, when executed by the at least one processor, cause the playback device to play back the audio content comprise program instructions that, when executed by the at least one processor, cause the playback device to: play back the audio content in synchrony with playback of the video content by the video playback device (Wil- par [36, 39, 49, 54]).
Claim(s) 12-13, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giundi et al.(US 9,949,038 B2).
12. The playback device of claim 1, but , Giundi et al. never mentioned as further comprising a control interface, wherein the program instructions that, when executed by the at least one processor, cause the playback device to receive the user input comprise program instructions that, when executed by the at least one processor, cause the playback device to: in response to a user interacting with the control interface, receive the user input indicating the request to join the playback group with the given other playback device that is playing back media content.
However, the prior art disclose of such as join the playback group with the other playback device that is playing back media content (col.5 line 50-col.6 line 40). Thus, one of the ordinary skills in the art could have reconfigured the mentioned configuration by adding such manual as control interface which cause the playback device to receive the user input comprise program instructions that, when executed by the at least one processor, cause the playback device to: in response to a user interacting with the control interface, receive the user input indicating the request to join the playback group with the given other playback device that is playing back media content for achieving the same result as manually configured the mode operation(s).
13. The playback device of claim 12, wherein the playback device is constructed as headphones, but the prior art never mentioned as wherein the control interface comprises a button.
But, the examiner take official notice having such interface comprise a button is well known in the art. thus, one of the ordinary skills in the art could have varied the mentioned configuration by adding such interface comprise a button for allowing a user to manually configured the mode operation.
The claim(s) 19 which in substance disclose of the same feature as that to claim(s) 12 have been analyzed and allowed accordingly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DISLER PAUL whose telephone number is (571)270-1187. The examiner can normally be reached 9:00-6:00 M-F.
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/DISLER PAUL/Primary Examiner, Art Unit 2695
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