Prosecution Insights
Last updated: July 17, 2026
Application No. 17/201,518

PRO-ADRENOMEDULLIN OR FRAGMENT THEREOF IN PATIENTS INFECTED WITH CORONA VIRUS AND TREATMENTS WITH BINDER AGAINST ADRENOMEDULLIN

Non-Final OA §112
Filed
Mar 15, 2021
Priority
Mar 16, 2020 — provisional 62/990,171 +5 more
Examiner
PARKIN, JEFFREY S
Art Unit
1671
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Adrenomed AG
OA Round
5 (Non-Final)
64%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
550 granted / 863 resolved
+3.7% vs TC avg
Strong +21% interview lift
Without
With
+21.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
35 currently pending
Career history
902
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
30.7%
-9.3% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
51.1%
+11.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 863 resolved cases

Office Action

§112
Detailed Office 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 . 37 C.F.R. § 1.114 A request for continued examination under 37 C.F.R. § 1.114, including the fee set forth in 37 C.F.R. § 1.17(e), was filed 19 May, 2026, in this application after final rejection. Since this application is eligible for continued examination under 37 C.F.R. § 1.114, and the fee set forth in 37 C.F.R. § 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 C.F.R. § 1.114. Status of the Claims Acknowledgement is hereby made of receipt and entry of the communication filed 19 May, 2026. Claims 15-20, 22, 23, and 25 are pending in the instant application. 37 C.F.R. § 1.98 The information disclosure statement filed 19 May, 2026, has been placed in the application file and the information referred to therein has been considered. 35 U.S.C. § 112(d) The following is a quotation of 35 U.S.C. § 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 17 and 23 are rejected under 35 U.S.C. § 112(d), as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 17 references antibody heavy and light chains that bind to an N-terminal ADM epitope, wherein said chains can comprise upwards of 5% amino acid sequence variation. However, the claim from which it depends, requires the presence of the VH CDRs 1-3 (SEQ ID NOS.: 1-3) and VL CDRs 1-3 (SEQ ID NOS.: 4, 5 and RVS). Accordingly, the claim could encompass variant antibody chains that do not contain the recited CDRs. Claim 23 suffers from the same deficiency. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Amendment of the claim language to specify invariant VH/VL CDRs would be acceptable. 35 U.S.C. § 112(a) The following is a quotation of 35 U.S.C. § 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Written Description Claim 17 stands rejected under 35 U.S.C. § 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Amgen, Inc. v. Sanofi, 872 F.3d 1367, 124 U.S.P.Q.2d 1354 (Fed. Cir. 2017). AbbVie Deutschland GmbH & Co. v. Janssen Biotech, Inc., 759 F.3d 1285, 111 U.S.P.Q.2d 1780 (Fed. Cir. 2014). Univ. of Rochester v. G.D. Searle & Co., Inc., 358 F.3d 916, 920, 69 U.S.P.Q.2d 1886, (Fed. Cir. 2004). Enzo Biochem, Inc. v. Gen-Probe, Inc., 296 F.3d 1316, 63 U.S.P.Q.2d 1609, (Fed. Cir. 2002). Regents of the University of California v. Eli Lilly & Co., 119 F.3d 1559, 43 U.S.P.Q.2d 1398, (Fed. Cir. 1997). Fiers v. Revel Co., 984 F.2d 1164, 25 U.S.P.Q.2d 1601, (Fed. Cir. 1993). Amgen, Inc. v. Chugai Pharmaceutical Co., 927 F.2d 1200, 18 U.S.P.Q.2d 1016, (Fed. Cir. 1991). In re Rasmussen, 650 F.2d 1212, 211 U.S.P.Q. 323 (C.C.P.A. 1981). In re Wertheim, 541 F.2d 257, 191 U.S.P.Q. 90 (C.C.P.A. 1976). The crux of the statutory requirement governing written description is whether one skilled in the art, familiar with the practice of the art at the time of the filing date, could reasonably have found the later claimed invention in the specification as filed. In re Kaslow, 707 F.2d 1366, 1375, 217 U.S.P.Q. 1089, 1096 (Fed. Cir. 1983). In re Wilder, 736 F.2d 1516, 1520 222 U.S.P.Q. 349, 372 (Fed. Cir. 1984, cert. denied, 469 U.S. 1209 (1985). Texas Instruments, Inc. v. International Trade Comm’n, 871 F.2d 1054, 1063, 10 U.S.P.Q.2d 1257, 1263 (Fed. Cir. 1989). Moreover, the courts have stated that the evaluation of written description is highly fact-specific, and that broadly articulated rules are inappropriate. In re Wertheim, 541 F.2d 257, 263, 191 U.S.P.Q. 90, 97 (C.C.P.A. 1976). In re Driscoll, 562 F.2d 1245, 1250, 195 U.S.P.Q. 434, 438 (C.C.P.A. 1977). It is also important to remember that the true issue in question is not whether the specification enables one of ordinary skill in the art to make the later claimed invention, but whether or not the disclosure is sufficiently clear that those skilled in the art will conclude that the applicant made the invention having the specific claim limitations. Martin v. Mayer, 823 F2d 500, 505, 3 U.S.P.Q.2d 1333, 1337 (Fed. Cir. 1987). To satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor has possession of the claimed invention. See, e.g., Vas-Cath, Inc. v. Mahurkar, 935 F.2d at 1563, 19 U.S.P.Q.2d at 1116. An applicant shows possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. American Airlines, Inc., 107 F.3d 1565, 1572, 41 U.S.P.Q.2d 1961, 1966 (Fed. Cir. 1997). The claimed invention as a whole may not be adequately described where an invention is described solely in terms of a method of its making coupled with its function and there is no described or art-recognized correlation or relationship between the structure of the invention and its function. A biomolecule sequence described only by a functional characteristic, without any known or disclosed correlation between that function and the structure of the sequence, normally is not a sufficient identifying characteristic for written description purposes, even when accompanied by a method of obtaining the claimed sequence. A lack of adequate written description issue also arises if the knowledge and level of skill in the art would not permit one skilled in the art to immediately envisage the product claimed from the disclosed process. Fujikawa v. Wattanasin, 93 F.3d 1559, 1571, 39 U.S.P.Q.2d 1895, 1905 (Fed. Cir. 1996). Determination of adequate written description requires the Examiner to read and analyze the specification for compliance with 35 U.S.C. § 112(a). In particular, each claim should be analyzed to determine its broadest reasonable interpretation consistent with written description. Each claim should be evaluated to determine if sufficient structures, acts, or functions are recited to make clear the scope and meaning of the claim, including the weight to be given the preamble. The entire application should be reviewed including the specific embodiments, figures, and sequence listings, to understand how applicant provides support for the various features of the claimed invention. The analysis of whether the specification complies with the written description requirement calls for the examiner to compare the scope of the claim with the scope of the description to determine whether applicant has demonstrated that the inventor was in possession of the claimed invention. Such a review is conducted from the standpoint of one of ordinary skill in the art at the time the application was filed (see, e.g., Wang Labs., Inc. v. Toshiba Corp., 993 F.2d 858, 865, 26 USPQ2d 1767, 1774 (Fed. Cir. 1993)) and should include a determination of the field of the invention and the level of skill and knowledge in the art. Finally, the Examiner should determine whether there is sufficient written description to inform a skilled artisan that the inventor was in possession of the claimed invention as a whole at the time of filing. Amended claim 17 is still broadly directed toward a method of treating a SARS-CoV-2 patient suffering from endothelial barrier dysregulation comprising administering variants of an anti-adrenomedullin antibody. In particular, the claim references antibodies with upwards of 5% amino acid sequence variation as compared to the recited sequences. Just considering 5% genetic variation of SEQ ID NO.: 6 (AM-VH-C; 219 aa), would encompass upwards of ~2 x 1034 variant antibody sequences.1 Thus, the claims clearly encompass compasses an inordinate number of antibody variants. However, the disclosure only provides a limited number of anti-ADM antibodies and only examines SARS-CoV-2 infection. No additional antibody structures were provided. The unpredictability associated with antibody development has been well-documented (Edwards et al., 2003). This study demonstrated that 1,000 different antibodies could be generated against a single protein. These antibodies were highly diverse as demonstrated by their extensive heavy and light chain germline usage. It has also been well-demonstrated that single or multiple amino acid substitutions in the VH and VL regions can alter antigen binding (Yuan and Parrish, 2000). However, the specification is silent with respect to the identification of additional antibody variants. Accordingly, when all the aforementioned factors are considered in toto, the skilled artisan would reasonably conclude Applicants were not in possession of a sufficient number of antibodies to support the full breadth of the patent protection desired. Amendment of the claim language to incorporate invariant VH/VL CDRs would be acceptable. Applicants previously traversed and submitted that the claimed antibodies can be produced using standard antibody methods of production. It was previously argued that product-by-process claim language is acceptable when it has been used to produce the product of interest. This argument is clearly not persuasive. Applicants are directed toward § 2163 of the M.P.E.P. which clearly states that “A biomolecule sequence described only by a functional characteristic, without any known or disclosed correlation between that function and the structure of the sequence, normally is not a sufficient identifying characteristic for written description purposes, even when accompanied by a method of obtaining the claimed sequence” (emphasis added). In this situation, the various methods of production do not provide a reproducible method for obtaining the same antibody. In fact, the skilled artisan wouldn’t be able to predict the structure of any given antibody utilizing the claimed method. As previously set forth, the disclosure does not support a genus directed toward any sundry anti-ADM antibody. It has been well-documented that the skilled artisan cannot predict a priori the structure of any given antibody (Edwards et al., 2003). As previously set forth this study demonstrated that 1,000 different antibodies could be generated against a single protein. These antibodies were highly diverse as demonstrated by their extensive heavy and light chain germline usage. Moreover, both the CDRs and FRs contribute to antigen-antibody binding. The disclosure of a closely related and limited number of clones, all bearing the same VHCDRs and VLCDRs, is insufficient to support the full breadth of the claimed genus. Furthermore, even where antibody structures have been provided in the claims, the claims still encompass a large genus of antibody variants. The claims encompass antibody variants with upwards of 5% amino acid sequence variation. For the anti-ADM mAb AM-VH-C (SEQ ID NO.: 6), this includes up to ~11 amino acid substitutions, insertions, or deletions. While CDRs were provided, there was no discussion about which amino acids can tolerate substitutions and which portions of the antibody can tolerate insertions or deletions. The disclosure fails to describe the generation, isolation, and characterization of a suitable number of variants, particularly those with therapeutic properties. It has also been well-demonstrated that single or multiple amino acid substitutions in the VH and VL regions can alter antigen binding (Yuan and Parrish, 2000). However, the specification is silent with respect to the identification of additional antibody variants. Finally, satisfactory disclosure of a "representative number" of species depends on whether one of skill in the art would recognize that the applicant was in possession of the necessary common attributes or features possessed by the members of the genus in view of the species disclosed. For inventions in an unpredictable art, such as antibody generation, adequate written description of a genus which embraces widely variant species cannot be achieved by disclosing only one species within the genus. See, e.g., Eli Lilly, 119 F.3d at 1568, 43 U.S.P.Q.2d at 1406. Instead, the disclosure must adequately reflect the structural diversity of the claimed genus, either through the disclosure of sufficient species that are "representative of the full variety or scope of the genus," or by the establishment of "a reasonable structure-function correlation." Such correlations may be established "by the inventor as described in the specification," or they may be "known in the art at the time of the filing date." See AbbVie, 759 F.3d at 1300-01, 111 U.S.P.Q.2d 1780, 1790-91 (Fed. Cir. 2014) (Holding that claims to all human antibodies that bind IL-12 with a particular binding affinity rate constant (i.e., koff) were not adequately supported by a specification describing only a single type of human antibody having the claimed features because the disclosed antibody was not representative of other types of antibodies in the claimed genus, as demonstrated by the fact that other disclosed antibodies had different types of heavy and light chains, and shared only a 50% sequence similarity in their variable regions with the disclosed antibodies.). Applicants’ arguments have been carefully considered but are not deemed to be persuasive for the reasons of record set forth supra. Claim 23 stands rejected under 35 U.S.C. § 112(a) as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Amgen, Inc. v. Sanofi, 872 F.3d 1367, 124 U.S.P.Q.2d 1354 (Fed. Cir. 2017). AbbVie Deutschland GmbH & Co. v. Janssen Biotech, Inc., 759 F.3d 1285, 111 U.S.P.Q.2d 1780 (Fed. Cir. 2014). Univ. of Rochester v. G.D. Searle & Co., Inc., 358 F.3d 916, 920, 69 U.S.P.Q.2d 1886, (Fed. Cir. 2004). Enzo Biochem, Inc. v. Gen-Probe, Inc., 296 F.3d 1316, 63 U.S.P.Q.2d 1609, (Fed. Cir. 2002). Regents of the University of California v. Eli Lilly & Co., 119 F.3d 1559, 43 U.S.P.Q.2d 1398, (Fed. Cir. 1997). Fiers v. Revel Co., 984 F.2d 1164, 25 U.S.P.Q.2d 1601, (Fed. Cir. 1993). Amgen, Inc. v. Chugai Pharmaceutical Co., 927 F.2d 1200, 18 U.S.P.Q.2d 1016, (Fed. Cir. 1991). In re Rasmussen, 650 F.2d 1212, 211 U.S.P.Q. 323 (C.C.P.A. 1981). In re Wertheim, 541 F.2d 257, 191 U.S.P.Q. 90 (C.C.P.A. 1976). The crux of the statutory requirement governing written description is whether one skilled in the art, familiar with the practice of the art at the time of the filing date, could reasonably have found the later claimed invention in the specification as filed. In re Kaslow, 707 F.2d 1366, 1375, 217 U.S.P.Q. 1089, 1096 (Fed. Cir. 1983). In re Wilder, 736 F.2d 1516, 1520 222 U.S.P.Q. 349, 372 (Fed. Cir. 1984, cert. denied, 469 U.S. 1209 (1985). Texas Instruments, Inc. v. International Trade Comm’n, 871 F.2d 1054, 1063, 10 U.S.P.Q.2d 1257, 1263 (Fed. Cir. 1989). Moreover, the courts have stated that the evaluation of written description is highly fact-specific, and that broadly articulated rules are inappropriate. In re Wertheim, 541 F.2d 257, 263, 191 U.S.P.Q. 90, 97 (C.C.P.A. 1976). In re Driscoll, 562 F.2d 1245, 1250, 195 U.S.P.Q. 434, 438 (C.C.P.A. 1977). It is also important to remember that the true issue in question is not whether the specification enables one of ordinary skill in the art to make the later claimed invention, but whether or not the disclosure is sufficiently clear that those skilled in the art will conclude that the applicant made the invention having the specific claim limitations. Martin v. Mayer, 823 F2d 500, 505, 3 U.S.P.Q.2d 1333, 1337 (Fed. Cir. 1987). To satisfy the written description requirement, a patent specification must describe the claimed invention in sufficient detail that one skilled in the art can reasonably conclude that the inventor has possession of the claimed invention. See, e.g., Vas-Cath, Inc. v. Mahurkar, 935 F.2d at 1563, 19 U.S.P.Q.2d at 1116. An applicant shows possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. American Airlines, Inc., 107 F.3d 1565, 1572, 41 U.S.P.Q.2d 1961, 1966 (Fed. Cir. 1997). The claimed invention as a whole may not be adequately described where an invention is described solely in terms of a method of its making coupled with its function and there is no described or art-recognized correlation or relationship between the structure of the invention and its function. A biomolecule sequence described only by a functional characteristic, without any known or disclosed correlation between that function and the structure of the sequence, normally is not a sufficient identifying characteristic for written description purposes, even when accompanied by a method of obtaining the claimed sequence. A lack of adequate written description issue also arises if the knowledge and level of skill in the art would not permit one skilled in the art to immediately envisage the product claimed from the disclosed process. Fujikawa v. Wattanasin, 93 F.3d 1559, 1571, 39 U.S.P.Q.2d 1895, 1905 (Fed. Cir. 1996). Determination of adequate written description requires the Examiner to read and analyze the specification for compliance with 35 U.S.C. § 112(a). In particular, each claim should be analyzed to determine its broadest reasonable interpretation consistent with written description. Each claim should be evaluated to determine if sufficient structures, acts, or functions are recited to make clear the scope and meaning of the claim, including the weight to be given the preamble. The entire application should be reviewed including the specific embodiments, figures, and sequence listings, to understand how applicant provides support for the various features of the claimed invention. The analysis of whether the specification complies with the written description requirement calls for the examiner to compare the scope of the claim with the scope of the description to determine whether applicant has demonstrated that the inventor was in possession of the claimed invention. Such a review is conducted from the standpoint of one of ordinary skill in the art at the time the application was filed (see, e.g., Wang Labs., Inc. v. Toshiba Corp., 993 F.2d 858, 865, 26 USPQ2d 1767, 1774 (Fed. Cir. 1993)) and should include a determination of the field of the invention and the level of skill and knowledge in the art. Finally, the Examiner should determine whether there is sufficient written description to inform a skilled artisan that the inventor was in possession of the claimed invention as a whole at the time of filing. The amended claims are directed toward a method of treating a SARS-CoV-2 patient suffering from ARDS and endothelial barrier dysregulation comprising administering an anti-adrenomedullin antibody. In particular, the claim references antibodies with upwards of 5% amino acid sequence variation as compared to the recited sequences. Just considering 5% genetic variation of SEQ ID NO.: 6 (AM-VH-C; 219 aa), would encompass upwards of ~2 x 1034 variant antibody sequences.2 Thus, the claims clearly encompass compasses an inordinate number of antibody variants. However, the disclosure only provides a limited number of anti-ADM antibodies and only examines SARS-CoV-2 infection. No additional antibody structures were provided. The unpredictability associated with antibody development has been well-documented (Edwards et al., 2003). This study demonstrated that 1,000 different antibodies could be generated against a single protein. These antibodies were highly diverse as demonstrated by their extensive heavy and light chain germline usage. It has also been well-demonstrated that single or multiple amino acid substitutions in the VH and VL regions can alter antigen binding (Yuan and Parrish, 2000). However, the specification is silent with respect to the identification of additional antibody variants. However, the disclosure only provides a limited number of anti-ADM antibodies and only examines SARS-CoV-2 infection. No additional antibody structures were provided. The unpredictability associated with antibody development has been well-documented (Edwards et al., 2003). This study demonstrated that 1,000 different antibodies could be generated against a single protein. These antibodies were highly diverse as demonstrated by their extensive heavy and light chain germline usage. It has also been well-demonstrated that single or multiple amino acid substitutions in the VH and VL regions can alter antigen binding (Yuan and Parrish, 2000). However, the specification is silent with respect to the identification of additional antibody variants. Accordingly, when all the aforementioned factors are considered in toto, the skilled artisan would reasonably conclude Applicants were not in possession of a sufficient number of antibodies to support the full breadth of the patent protection desired. Amendment of the claim language to identify the binding specificity of the antibody along with the VH/VL amino acid sequences of any given body would obviate the rejection. Alternatively, the antibodies could be identified by binding specificity and the VHCDR1-3 and VLCDR1-3. Applicants previously traversed and submitted that the claimed antibodies can be produced using standard antibody methods of production. It was previously argued that product-by-process claim language is acceptable when it has been used to produce the product of interest. This argument is clearly not persuasive. Applicants are directed toward § 2163 of the M.P.E.P. which clearly states that “A biomolecule sequence described only by a functional characteristic, without any known or disclosed correlation between that function and the structure of the sequence, normally is not a sufficient identifying characteristic for written description purposes, even when accompanied by a method of obtaining the claimed sequence” (emphasis added). In this situation, the various methods of production do not provide a reproducible method for obtaining the same antibody. In fact, the skilled artisan wouldn’t be able to predict the structure of any given antibody utilizing the claimed method. As previously set forth, the disclosure does not support a genus directed toward any sundry anti-ADM antibody. It has been well-documented that the skilled artisan cannot predict a priori the structure of any given antibody (Edwards et al., 2003). As previously set forth this study demonstrated that 1,000 different antibodies could be generated against a single protein. These antibodies were highly diverse as demonstrated by their extensive heavy and light chain germline usage. Moreover, both the CDRs and FRs contribute to antigen-antibody binding. The disclosure of a closely related and limited number of clones, all bearing the same VHCDRs and VLCDRs, is insufficient to support the full breadth of the claimed genus. Furthermore, even where antibody structures have been provided in the claims, the claims still encompass a large genus of antibody variants. The claims encompass antibody variants with upwards of 5% amino acid sequence variation. For the anti-ADM mAb AM-VH-C (SEQ ID NO.: 6), this includes up to ~11 amino acid substitutions, insertions, or deletions. While CDRs were provided, there was no discussion about which amino acids can tolerate substitutions and which portions of the antibody can tolerate insertions or deletions. The disclosure fails to describe the generation, isolation, and characterization of a suitable number of variants, particularly those with therapeutic properties. It has also been well-demonstrated that single or multiple amino acid substitutions in the VH and VL regions can alter antigen binding (Yuan and Parrish, 2000). However, the specification is silent with respect to the identification of additional antibody variants. Finally, satisfactory disclosure of a "representative number" of species depends on whether one of skill in the art would recognize that the applicant was in possession of the necessary common attributes or features possessed by the members of the genus in view of the species disclosed. For inventions in an unpredictable art, such as antibody generation, adequate written description of a genus which embraces widely variant species cannot be achieved by disclosing only one species within the genus. See, e.g., Eli Lilly, 119 F.3d at 1568, 43 U.S.P.Q.2d at 1406. Instead, the disclosure must adequately reflect the structural diversity of the claimed genus, either through the disclosure of sufficient species that are "representative of the full variety or scope of the genus," or by the establishment of "a reasonable structure-function correlation." Such correlations may be established "by the inventor as described in the specification," or they may be "known in the art at the time of the filing date." See AbbVie, 759 F.3d at 1300-01, 111 U.S.P.Q.2d 1780, 1790-91 (Fed. Cir. 2014) (Holding that claims to all human antibodies that bind IL-12 with a particular binding affinity rate constant (i.e., koff) were not adequately supported by a specification describing only a single type of human antibody having the claimed features because the disclosed antibody was not representative of other types of antibodies in the claimed genus, as demonstrated by the fact that other disclosed antibodies had different types of heavy and light chains, and shared only a 50% sequence similarity in their variable regions with the disclosed antibodies.). Applicants’ arguments have been carefully considered but are not deemed to be persuasive for the reasons of record set forth supra. Allowable Subject Matter Claims 15, 16, 18-20, 22 and 25 appear to be free of the prior art of record and are allowable. Correspondence Any inquiry concerning this communication should be directed to Jeffrey S. Parkin, Ph.D., whose telephone number is (571) 272-0908. The Examiner can normally be reached Monday through Friday from 10:00 AM to 6:00 PM. A message may be left on the Examiner's voice mail service. 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 are unsuccessful, the Examiner's supervisor, Michael Allen, Ph.D., can be reached at (571) 270-3497. Direct general status inquiries to the Technology Center 1600 receptionist at (571) 272-1600. Information regarding the status of an application may be obtained from the Patent Center. Status information for published applications may be obtained from the Patent Center. Status information for unpublished applications is available through the Patent Center for authorized users only. Should you have questions about access to Patent Center, 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. Respectfully, /JEFFREY S PARKIN/Primary Examiner, Art Unit 1671 30 May, 2026 1 These calculations were performed as follows: TV=(NY)(X!)/(Y!)((X-Y-1)!), wherein, TV=the total number of variant sequences, N=the number of amino acids or nucleotides that can be substituted (i.e., if any of the 20 naturally occurring amino acids can be substituted, N=19; if any of the four naturally occurring nucleotides can be substituted, N=3), Y=the number of amino acids/nucleotides in the parent sequence that can be substituted (i.e., if the amino acid sequence is 100 aa in length and 10% genetic variation is allowed, Y=10 [100@10%]), and X=the total sequence length of the sequence of interest. 2 These calculations were performed as follows: TV=(NY)(X!)/(Y!)((X-Y-1)!), wherein, TV=the total number of variant sequences, N=the number of amino acids or nucleotides that can be substituted (i.e., if any of the 20 naturally occurring amino acids can be substituted, N=19; if any of the four naturally occurring nucleotides can be substituted, N=3), Y=the number of amino acids/nucleotides in the parent sequence that can be substituted (i.e., if the amino acid sequence is 100 aa in length and 10% genetic variation is allowed, Y=10 [100@10%]), and X=the total sequence length of the sequence of interest.
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Prosecution Timeline

Show 7 earlier events
Jun 13, 2025
Non-Final Rejection mailed — §112
Oct 10, 2025
Response Filed
Jan 28, 2026
Final Rejection mailed — §112
Apr 28, 2026
Applicant Interview (Telephonic)
Apr 28, 2026
Response after Non-Final Action
May 19, 2026
Request for Continued Examination
May 20, 2026
Response after Non-Final Action
Jun 03, 2026
Non-Final Rejection mailed — §112 (current)

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Prosecution Projections

5-6
Expected OA Rounds
64%
Grant Probability
85%
With Interview (+21.2%)
3y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 863 resolved cases by this examiner. Grant probability derived from career allowance rate.

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