Prosecution Insights
Last updated: April 19, 2026
Application No. 17/627,805

ANTI-INFECTION EFFECTS OF HNRNPA2B1 AND USE THEREOF

Non-Final OA §102§103§112
Filed
Jan 17, 2022
Examiner
JONES, DAMERON LEVEST
Art Unit
1618
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Institute Of Basic Medical Sciences Chinese Academy Of Medical Sciences
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
721 granted / 1068 resolved
+7.5% vs TC avg
Strong +31% interview lift
Without
With
+31.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
44 currently pending
Career history
1112
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
28.7%
-11.3% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1068 resolved cases

Office Action

§102 §103 §112
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 . Acknowledgments and Claim Status The Examiner acknowledges receipt of the amendment filed 4/21/2025 wherein claims 1-8 were amended and claim 10 was added. Note(s): Claims 1-10 are pending. Priority This application is a 371 of PCT/CN2019/096303 filed 7/17/2019. Note(s): The earliest effective filing date is 7/17/2019. Claim Interpretation Independent claim 1 is directed to a method of preventing and/or treating an infectious disease and/or and infection associated disease and/or syndrome comprising administering a prophylactically and/or therapeutically effective amount of a heterogeneous nuclear ribonucleoprotein A2B1 (hnRNPA2B1), a nucleic acid molecule encoding the protein, and a promoter or inhibitor to a subject. Independent claim 8 is directed to a pharmaceutical composition or kit comprising a prophylactically or therapeutically effective amount of a heterogeneous nuclear ribonucleoprotein A2B1 (hnRNPA2B1), a nucleic acid molecule encoding the protein, a promoter or inhibitor, and a pharmaceutically or immunologically acceptable carrier or excipient. Independent claim 9 is directed to a method of screening a drug for anti-infection as set forth therein. Applicant’s Election Applicant's election without traverse of Group I (pending claims 1-7) filed 4/21/2025 and 9/17/2025 is acknowledged. The restriction requirement is still deemed proper and is therefore made FINAL. In the response filed 9/17/2025, the elected species is composed of the following components: hnRNPA2B1 polypeptide (SEQ ID No: 2), nucleic acid molecule (SEQ ID No: 1), promoter (pcDNA3.1 eukaryotic expression vector), and infectious disease (Herpes Simplex Virus (HSV) infection). Claims 1-7 reads on the elected species. Initially, the elected species was examined. However, since no prior art was found which could be used to reject the claims, the search was extended to the prior art cited below. The search was not further extended because art was found which could be used to reject the claims. Withdrawn Claims Claims 8-10 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention/species. Information Disclosure Statement The information disclosure statements filed 1/17/2022 and 2/27/2024 were considered. Written Description Rejection The following is a quotation of the first paragraph 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. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: 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 of carrying out his invention. Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant is reminded that an inventor is entitled to a patent to protect his work only if he/she produces or has possession of something truly new and novel. The invention being claimed must be sufficiently concrete so that it can be described for the world to appreciate the specific nature of the work that sets it apart from what was before. The inventor must be able to describe the item to be patented with such clarity that the reader is assured that the inventor actually has possession and knowledge of the unique composition that makes it worthy of patent protection. The pending application does not sufficiently describe the invention as it relates to the prevention of infectious diseases, the prevention of infection associated diseases, and the prevention of infection associated diseases and syndromes. Thus, what the reader gathers from the instant application is a desire/plan/first step for obtaining a desired result. While the reader can certainly appreciate the desire for achieving a certain end result, establishing goals does not necessarily mean that an invention has been adequately described. While compliance with the written description requirements must be determined on a case-by-case basis, the real issue here is simply whether an adequate description is necessary to practice an invention described only in terms of its function and/or based on a disclosure wherein a description of the components necessary in order for the invention to function are lacking. In order to satisfy the written description requirement, the specification must describe every element of the claimed invention in sufficient detail so that one of ordinary skill in the art would recognize that the inventor possessed the claimed invention at the time of filing. In other words, the specification should describe an invention and does so in sufficient detail that one skilled in the art can clearly conclude that the inventor created what is the claimed. Thus, the written description requirement is lacking in the instant invention since the various terms as set forth above are not described in a manner to clearly allow persons of ordinary skill in the art to recognize that Applicant invented what is being claimed. 112 Second Paragraph Rejections The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1-7: Independent claim 1 is because it is unclear what promoter(s) or inhibitor(s) Applicant is referencing that are compatible with hnRNPA2B1 and a nucleic acid molecule that codes hnRNPA2B1. In addition, the claim is ambiguous because it is unclear what associated infection diseases and syndromes Applicant is referring to that may be prevent or treated when hnRNPAb1 is administered to a subject. Since claims 2-7 depend upon independent claim 1 for clarity, those claims are also vague and indefinite. Claim 2: The claim is ambiguous for various reasons. (1) The phrase "for example" (see lines 5-7 and lines 18-20) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). (2) In addition, the phrase "such as" (see lines 6-7, 19-20, and 28-32) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). (3) The claim is ambiguous because of the phrase “derived form the amino acid sequence of...substitution, deletion, or addition of one or more amino acids in the amino acid sequence...which is active in preventing and/or treating....syndrome” (lines 9-12). In particular, it is unclear which sequences would be active in preventing and treating infectious diseases, infections associated diseases, and infection associated syndromes. (4) The claim is ambiguous because of the phrase “a molecule that hybridizes with the nucleotide sequence...under a strict condition” (lines 16-17). In particular, it is unclear what limitations/conditions Applicant is considering to be strict. As the term “strict” is a relative term which renders the claim indefinite. The term “strict” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Also, it is unclear what particular molecules Applicant is refereeing that would hybridized with the nucleotide sequence. (5) The claim is ambiguous because it is unclear what protein or peptide Applicant is referring to in lines 21-22 that are active in preventing and treating infectious diseases, infections associated diseases, and infection associated syndromes. (6) The claim is ambiguous because it is unclear what nucleic acid molecule Applicant is referring to with substitutions, deletions, or additions of one or more amino acids in the nucleotide sequence that encode protein and peptides that prevent infectious diseases, infections associated diseases, and infection associated syndromes. (7) The claim is ambiguous because it is unclear what agents are being referenced that increase the protein level of hnRNPA2B1 or promote the function of hnRNPA2B1 (see lines 27-28). (8) The claim is ambiguous because it is unclear what precursor proteins, conjugates, or complexes can be transformed into hnRNPA2B1 in vivo. Claim 2: According to MPEP 2173.05(h), while a Markush grouping may include a large number of alternatives, and not necessarily be indefinite under, in certain circumstances, a Markush group may be so expansive that a skilled artisan cannot determine the metes and bounds of the claimed invention. In the pending claims, claim 2 is directed to hnRNPA2B1 selected from: (a) a polypeptide having the amino acid sequence set forth in SEQ ID NO: 2 or SEQ ID NO: 4; or (b) a protein or polypeptide that has a homology or sequence identity (for example, a homology of more than 80% or a sequence identity of more than 80%, such as 80%, 85%,90%, 95%, 98%, 99%) with the amino acid sequence set forth in SEQ ID NO: 2 or SEQ ID NO: 4, and has an infection inhibitory activity; or (c) a protein or polypeptide derived from the amino acid sequence of (a) or (b) with substitution, deletion or addition of one or more amino acids in the amino acid sequence of (a) or (b), which is active in preventing and/or treating an infectious disease and/or an infection associated disease and/or syndrome; and/or wherein the nucleic acid is selected from: (i) a nucleic acid molecule having the nucleotide sequence set forth in SEQ ID NO: 1or SEQ ID NO: 3; or (ii) a molecule that hybridizes with the nucleotide sequence defined in (i) under a strict condition; (iii) a nucleic acid molecule, which has a homology or sequence identity (e.g. a homology of more than 80% homology or a sequence identity of more than 80%, such as 80%, 85%, 90%, 95%, 98%, and 99%) with the nucleotide sequences set forth in SEQ ID NO:1 or SEQ ID NO:3, and encodes a protein or peptide that is active in preventing and/or treating an infectious disease and/or an infection associated disease and/or symptom; (iv) a nucleic acid molecule, with substitution, deletion or addition of one or more amino acids in the nucleotide sequence of (i) or (ii) or (iii), which encodes a protein or peptide that is active in preventing and/or treating an infectious disease and/or an infection associated disease and/or symptom; and/or the promoter is selected from: agents that increase the protein level of hnRNPA2B 1 or promote the function of hnRNPA2B 1, such as an overexpression vector of hnRNPA2B 1 or hnRNPA2B 1 coding sequence; exogenous hnRNPA2B 1; a naked DNA of hnRNPA2B 1 coding sequence; a liposome encapsulated DNA of hnRNPA2B 1 coding sequence;hnRNPA2B 1 precursor protein or conjugate or complex that can be transformed into hnRNPA2B 1 in vivo; and/or the inhibitor is selected from: an antibody against hnRNPA2B 1 or a nucleic acid molecule encoding the protein, an siRNA, an miRNA, an antisense oligonucleotide, an antagonist, a blocker. Thus, the claim encompasses a species defined by multiple Markush groups and subgroups thereof. As a result, the pending claim encompasses a massive number of distinct alternative members such that one skilled in the art cannot determine the metes and bounds of the claim. Hence, due to an inability to envision all of the compounds defined by the Markush groups, the claim is deemed to be vague and indefinite. Claim 3: The claim is ambiguous because it is unclear what infections may be DNA involved or mediated. Claim 4: The claim is ambiguous because the phrase "for example" (see lines 3-5) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In addition, the phrase "such as" (see lines 4-5)renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 5: The claim is ambiguous for the following reasons. (1) It is unclear what pathological injury Applicant is referencing that is caused by infection and the diseases caused by viral infections. (2) Also, the phrase "such as" (see lines 4-9) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). (3) The phrase "for example" (see lines 5-9) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 6: The claim is ambiguous for the following reasons: (1) the claim recites the limitation "the product" in line 1. There is insufficient antecedent basis for this limitation in the claim. (2) The phrase "for example" (see lines 2-8) renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). (3) Still, the claim is ambiguous because the phrase "such as" (see lines 3-8) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 7: The claim is ambiguous for the following reasons: (1) the claim recites the limitation "the product" in line 1. (2) It is unclear what other agents are utilized with the product for which there is no antecedent basis. (3) Also, the phrase "such as" (see lines 3-10) renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). (4) Furthermore, the claim is directed to a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, the claim recites the broad recitation antibiotics, antiviral drugs, and immunosuppressants, respectively, and the claim also recites lactams, tricyclic amines, and glucocorticoid which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. 102/103 Rejection 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. 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 1-7 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Martinez et al (Neuron, 2016, Vol. 92, No. 4, 32 pages). Note(s): Claims 1-7 are detailed below as submitted for examination. In the 112 second paragraph section supra, details are provided regarding the difficulty in actually interpreting the claims. In summary, the cited prior art reads on claims 1-7. Independent claim 1 is directed to a method of preventing and/or treating an infectious disease and/or and infection associated disease and/or syndrome comprising administering a prophylactically and/or therapeutically effective amount of a heterogeneous nuclear ribonucleoprotein A2B1 (hnRNPA2B1), a nucleic acid molecule encoding the protein, and a promoter or inhibitor to a subject. Claim 2 is directed to wherein the hnRNPA2B1 is selected from: (a) a polypeptide having the amino acid sequence set forth in SEQ ID NO: 2 or SEQ ID NO: 4; or (b) a protein or polypeptide that has a homology or sequence identity (for example, a homology of more than 80% or a sequence identity of more than 80%, such as 80%, 85%,90%, 95%, 98%,and 99%) with the amino acid sequence set forth in SEQ ID NO: 2 or SEQ ID NO: 4, and has an infection inhibitory activity; or (c) a protein or polypeptide derived from the amino acid sequence of (a) or (b) with substitution, deletion or addition of one or more amino acids in the amino acid sequence of (a) or (b), which is active in preventing and/or treating an infectious disease and/or an infection associated disease and/or syndrome; and/or wherein the nucleic acid is selected from: (i) a nucleic acid molecule having the nucleotide sequence set forth in SEQ ID NO: 1or SEQ ID NO: 3; or (ii) a molecule that hybridizes with the nucleotide sequence defined in (i) under a strict condition;(iii) a nucleic acid molecule, which has a homology or sequence identity (e.g. a homology of more than 80% homology or a sequence identity of more than 80%, such 80%, 85%,90%, 95%, 98%,and 99%) with the nucleotide sequences set forth in SEQ ID NO: 1 or SEQ ID NO: 3, and encodes a protein or peptide that is active in preventing and/or treating an infectious disease and/or an infection associated disease and/or symptom;(iv) a nucleic acid molecule, with substitution, deletion or addition of one or more amino acids in the nucleotide sequence of (i) or (ii) or (iii), which encodes a protein or peptide that is active in preventing and/or treating an infectious disease and/or an infection associated disease and/or symptom; and/or the promoter is selected from: agents that increase the protein level of hnRNPA2B1 or promote the function of hnRNPA2B 1, such as an overexpression vector of hnRNPA2B1 or hnRNPA2B 1 coding sequence; exogenous hnRNPA2B 1; a naked DNA of hnRNPA2B1 coding sequence; a liposome encapsulated DNA of hnRNPA2B 1 coding sequence;hnRNPA2B1 precursor protein or conjugate or complex that can be transformed into hnRNPA2B 1 in vivo; and/or the inhibitor is selected from: an antibody against hnRNPA2B 1 or a nucleic acid molecule encoding the protein, an siRNA, an miRNA, an antisense oligonucleotide, an antagonist, a blocker. Claim 3 is directed to wherein the infection is a DNA involved and/or mediated infection. Claim 4 is directed to wherein the infection is a DNA involved and/or mediated viral infection, bacterial infection, fungal infection or a combination thereof; for example, wherein the infection is caused by DNA virus infection, such as an infection caused by one or more viruses selected from: herpes simplex virus, hepatitis B virus, adenovirus, poxvirus, small DNA virus and adeno-associated virus. Claim 5 is directed to wherein the infection associated disease and/or symptom is one or more selected from the group consisting of: pathological injury caused by infection; insufficient or excessive production of cytokines such as interferon after infection; endotoxic shock or death; inflammatory injury of organs; multiple organ failure, for example, the organ is selected from: liver, spleen, brain, kidney, heart, lung, stomach and intestine; chronic inflammatory diseases caused by viral infections (such as autoimmune diseases such as inflammatory bowel disease, rheumatoid arthritis, systemic lupus erythematosus, chronic nephritis, tuberculosis, chronic gastrointestinal diseases). Claim 6 is directed to wherein the product is a pharmaceutical composition or kit, for example, the form of which is suitable for an administration selected from the group consisting of oral administration, injection (such as direct naked DNA or protein injection, liposome encapsulated DNA or protein injection), gold coated gene gun bombardment, reproduction defective bacteria carrying plasmid DNA, replication deficient adenovirus carrying a protein encoded by a target DNA method or target gene, electroporation, nasal administration, pulmonary administration, oral administration, transdermal administration and intratumorally administration. Claim 7 is directed to wherein the product also contains other agents for prevention and/or treatment of an infectious disease and/or an infection associated disease and/or symptom, such as one or more of clinically common antibiotics (including 3-lactams (penicillins and cephalosporins), aminoglycosides, tetracyclines, chloramphenicols, macrolides, antifungal antibiotics and anti-tuberculosis antibiotics); clinically common antiviral drugs (tricyclic amines, pyrophosphates, protease inhibitors, nucleoside drugs, interferon, antisense oligonucleotides, etc.); clinically common immunosuppressants (including glucocorticoid, cyclophosphamide, chloroquine, cyclosporine A, Tripterygium wilfordii, traditional Chinese medicine preparation and anti- TNF monoclonal antibody). Martinez et al is directed to protein-RNA networks that are regulated my normal and ALS associated mutant (hnRNPA2B1) in the nervous system. HnRNPA2B1 encodes an RNA binding protein associated with neurodegeneration. Transcriptome-wide crosslinking and immunoprecipitation resulted in knowledge about UAGG motifs enriched within approximately 2,500 hnRNPA2B1 binding sites (see entire document, especially, page 2, abstract; page 3, second complete paragraph). UV-crosslinked protein-RNA complexes were generated (page 3, second complete paragraph; page 18, Figure 1A). HnRNPA2B1 binds UAGG motifs within RNA resulting in a complex comprising hnRNPA2B1, a nucleic acid molecule (RNA), and a UAGG. 3’UTR binding in the myelin basic protein (Mbp) gene, a known hnRNPA2B1 substrate (this is the promoter component) (page 3, third complete paragraph, page 18, Figure 1E). Also, Martinize disclose other promoters including neurofilament heavy chain gene (Nefh, page 18, Figure 1F), Kenj10 (page 18, Figure 1G), Slca2, Ubln2, and Sfpq (page 18, Figure 1I) on pages 3-4, bridging paragraph. Thus, a promoter component is present. Altered levels or mutations in RNA binding proteins are associated with neurological diseases including spinal muscular atrophy, fragile X syndrome, amyotrophic lateral sclerosis (ALS), frontotemporal lobar degeneration (FTLD), and Alzheimer’s disease (page 2, ‘Introduction’, first paragraph). In addition, as set forth in Martinez et al, the focus of the document is ALS (page 2, abstract). Hence, the disease is ALS. The limitations of claims 1-7 are meet. Alternatively, while it may be asserted that infectious diseases, infectious associated diseases, and infectious associates disease syndromes exclude neurodegenerative disease, DeChiara et al (Mol. Neurobiol., 2012, Vol. 46, pages 614-638) is made of record as an evidentiary reference. DeChiara et al is made of record for its teachings that infectious agents are related to neurodegeneration. In particular, DeChiara et al set forth that a growing body of epidemiologic and experimental data points to chronic bacterial and viral infections as possible risk factors for neurodegenerative diseases (e.g., Alzheimer’s disease, Parkinson’s disease, amyotrophic lateral sclerosis). Still, DeChiara et al disclose that infections of the central nervous system especially those characterized by a chronic progressive course, may produce multiple damage in infected and neighboring cells. The activation of inflammatory processes and host immune responses cause chronic damage resulting in alterations of neuronal function and viability. The different pathogens may also directly trigger neurotoxic pathways. Also, DeChiara et al disclose that viral and microbial agents are reported to produce molecular hallmarks of neurodegeneration. Furthermore, DeChiara et al disclose that their review focus on the contributions of neurodegeneration by herpes simplex type-1 human immunodeficiency, influenza virus, and Chlamydia pneumoniae (see entire document, especially, page 614, abstract). Thus, it would have been obvious to a skilled artisan using the teachings of DeChiara et al that the diseases therein are encompassed within the scope of Applicant’s “infectious diseases, infectious associated diseases, and infectious associated disease syndromes”. Hence, the limitations of claims 1-7 are meet. Additional Evidentiary References The following documents are made of record as evidentiary references of known promoters. Lin et al, FEBS, J Author manuscript, available in PMC, 2022, pages 1-33 (see entire document, especially, abstract; page 16, second complete paragraph); Jia et al, Frontiers in Cellular Neuroscience, 2017, Vol. 1, pages 1-13 (see entire document, especially, abstract); Millington-Ward et al, Scientific Reports, 2020, Vol 10, No. 16515, 12 pages (see entire document, especially, abstract); and Miyao et al, Jpn. J. Cancer Res., 1997, Vol. 88, pages 678-686 (see entire document, especially, abstract). Comments/Notes Applicant is respectfully requested to thoroughly review the claims for clarity in order that one may ascertain the metes and bounds of the claimed invention. Martinez et al (Neuron, 2016, Vol. 92, No. 4, 32 pages) which is cited supra is not being mailed with this office action. The document was included in the office action mailed 2/20/2025. Conclusion Claims 1-7 are rejected and claims 8-10 are withdrawn. Future Correspondences Any inquiry concerning this communication or earlier communications from the examiner should be directed to D L Jones whose telephone number is (571)272-0617. The examiner can normally be reached M-F. 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, Michael G. Hartley can be reached at (571)272-0616. 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. /D. L. Jones/ Primary Patent Examiner Art Unit 1618 December 19, 2025
Read full office action

Prosecution Timeline

Jan 17, 2022
Application Filed
Apr 21, 2025
Response after Non-Final Action
Dec 19, 2025
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+31.4%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 1068 resolved cases by this examiner. Grant probability derived from career allow rate.

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