Prosecution Insights
Last updated: April 18, 2026
Application No. 17/920,539

ANTI-CD3 ANTIBODIES AND USES THEREOF

Non-Final OA §102§112
Filed
Oct 21, 2022
Examiner
LIU, SUE XU
Art Unit
1616
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Memorial Sloan Kettering Cancer Center
OA Round
1 (Non-Final)
21%
Grant Probability
At Risk
1-2
OA Rounds
5y 0m
To Grant
34%
With Interview

Examiner Intelligence

Grants only 21% of cases
21%
Career Allow Rate
46 granted / 221 resolved
-39.2% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
5y 0m
Avg Prosecution
54 currently pending
Career history
275
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
42.3%
+2.3% vs TC avg
§102
13.7%
-26.3% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 221 resolved cases

Office Action

§102 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Status Claims 4-8, 12-19, 21, 24-28, 30, 32, 35, 38-50, 52, 55, 56, 58 and 60-63 have been cancelled. Claims 1-3 , 9-11, 20, 22-23, 29, 31, 33-34, 36-37, 51, 53-54, 57 and 59 are currently pending. Claims 20, 22-23, 29, 31, 33-34, 36-37, 53-54, 57 and 59 have been withdrawn. Claims 1- 3, 9-11 and 51 are being examined in this application. Election/Restrictions Applicant’s election without traverse of Group I invention (Claims 1-3, 9-11 and 51) as well as species for the elected antibody (including SEQ ID NOs 2, 3, 6, 12-14, 8, 16, 21-23, 124) in the reply filed on 9/18/2025 is acknowledged. Claim s 20, 22-23, 29, 31, 33-34, 36-37, 53-54, 57 and 59 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelecte d invention , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/18/25 . Priority This application is filed under 35 U.S.C 371 of PCT/US2021/028798 (filed on 4/23/2021), which claims priority to US provisional applications 63/015,149 (filed on 4/24/2020 ). Information Disclosure Statement The IDS filed on 1/6/26, 6/9/25, 7/17/24 and 10/21/22 have been considered. See the attached PTO 1449 forms. Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification. MPEP 608.01 . Claim Rejections - 35 USC § 112 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. Claim s 2 -3, 9 -11 and 51 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. Claim 2 recites “ an amino acid sequence selected…” in lines 4 and 6 of the claim, which the term “an” renders the claim scope unclear since “an amino acid sequence” can be interpreted to mean any fragment of the listed SEQ ID NOs. It is recommended to amend the claim to recite “the amino acid sequence selected…” Claim 9 recites various SEQ ID NOs for the HC and LC that are not in the alternative for each HC and LC. Specifically, the claim recites “…SEQ ID NO: 137, SEQ ID NO: 139...” for the heavy chain in line 4 of the claim, which is missing the term “or” before “SEQ ID NO: 139”. Similarly, the term “or” is missing before “SEQ ID NO: 130” in line 7 of the claim. Alternatively, the claim can be amended to recite “… a heavy chain (HC) amino acid sequence selected from the group consisting of SEQ ID NO: 23… and SEQ ID NO: 139”. Similarly for the light chain (LC) amino acid sequence. Claim 3 depends on claim 2, and Claims 10, 11 and 51 depends on claim 9, which t he said dependent claims do not clarify the issue of claim 9, and thus are rejected. Claim Rejections - 35 USC § 102 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Cheung et al ( US2018273623 ; 9/27/2018; filed on 1/26/2018 or earlier ; cited in IDS ). The instant claims recite an antibody or fragment thereof comprising various amino acid sequences for the VH and VL domains. Cheung et al , throughout the reference, teaches various antibody and/or fragments thereof (e.g. Abstract; Sequence listing). For Claim 1, Cheung et al teach a scFv of huOKT 3scFv antibody fragment (a bispecific binding molecule) with SEQ ID No.58, for example. (e.g. page 161; [0032]), which contains the same amino acid sequences as the instant SEQ ID NOs 2, 3, 6 and 12-14 for the VH and VL CDRs respectively. See the sequence alignment below. Sequence (1-letter amino acid codes): 1 QVQLVQSGGG VVQPGRSLRL SCKASGYTFT RYTMHWVRQA PGKCLEWIGY ===== === (SEQ ID NO.2) 51 INPSRGYTNY NQKFKDRFTI SRDNSKNTAF LQMDSLRPED TGVYFCARYY ======== (SEQ ID NO.3) ==== 101 DDHYSLDYWG QGTPVTVSSG GGGSGGGGSG GGGSGGGGSG GGGSGGGGSD ======== (SEQ ID NO. 6) 151 IQMTQSPSSL SASVGDRVTI TCSASSSVSY MNWYQQTPGK APKRWIYDTS ===== (SEQ ID NO.12) == (SEQ ID NO.13) 201 KLASGVPSRF SGSGSGTDYT FTISSLQPED IATYYCQQWS SNPFTFGCGT ==== ===== (SEQ ID No.14) 251 KLQITR (HITS AT: 26-33, 51-58, 90-91, 97-108, 176-180, 198-199, 237-245) Allowable Subject Matter The instant claimed SEQ ID NOs as recited in Claim 2, 9, 10, 11, and 51 are free of prior art searched. Conclusion and Correspondence No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SUE LIU whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-5539 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9-5 . 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 (director), Jennifer Michener can be reached at 571-272-1424. 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. /SUE X LIU/ Supervisory Patent Examiner, Art Unit 1616
Read full office action

Prosecution Timeline

Oct 21, 2022
Application Filed
Apr 01, 2026
Non-Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599568
SOFTGEL CAPSULES HAVING A FILL COMPOSITION COMPRISING MAGNESIUM OXIDE
2y 5m to grant Granted Apr 14, 2026
Patent 12577319
Anti-trop2 Antibody
2y 5m to grant Granted Mar 17, 2026
Patent 12570763
AEROSOLIZED MUCUS-TETHERING NANOBODIES TO PROTECT AGAINST VIRAL AND MICROBIAL CONTAMINATION IN CLOSED AND SEMI-ENCLOSED SPACES
2y 5m to grant Granted Mar 10, 2026
Patent 12565528
LAG-3 ANTAGONIST THERAPY FOR LUNG CANCER
2y 5m to grant Granted Mar 03, 2026
Patent 12522666
CD22 TARGETING-MOIETY FOR THE TREATMENT OF B-CELL ACUTE LYMPHOBLASTIC LEUKEMIA (B-ALL)
2y 5m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
21%
Grant Probability
34%
With Interview (+12.9%)
5y 0m
Median Time to Grant
Low
PTA Risk
Based on 221 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month