Prosecution Insights
Last updated: July 17, 2026
Application No. 17/965,363

Method for Enriching Extracellular Vesicles From Biological Fluid Samples

Non-Final OA §102
Filed
Oct 13, 2022
Priority
Apr 17, 2020 — provisional 63/011,583 +1 more
Examiner
BOESEN, CHRISTIAN C
Art Unit
1684
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Genentech Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
475 granted / 628 resolved
+15.6% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
23 currently pending
Career history
651
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
41.0%
+1.0% vs TC avg
§102
15.9%
-24.1% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 628 resolved cases

Office Action

§102
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 . DETAILED ACTION This Non-Final Office Action is responsive to the communication received 01/28/2026. Election/Restrictions Applicant’s election without traverse in the Reply filed on 01/28/2026 of Group II, Claim(s) 28, 47-48, 50-51 and 54 is acknowledged. Applicant has elected without traverse in the Reply filed on 01/28/2026 the following species: A. the cell surface marker is EpCAM (claim 28) B. the second biomarker is PD-L1 (claim 54) The Restriction/Election Requirements are deemed proper and are made FINAL. Claims 1-2, 4-5, 8, 10, 17-18, 20, 24, 26-28, 47-48, 50-51, 54, 58-59 and 66 are pending. Claims 1-2, 4-5, 8, 10, 17-18, 20, 24, 26-27, 58-59 and 66 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the Reply filed on 01/28/2026. Claims 28, 47-48, 50-51 and 54 are under examination in this Office Action. 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. Claims 28, 47-48, 50-51 and 54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nanou et al. (01/15/2020) British Journal of Cancer volume 122 pages 801 to 811 cited in the 8/15/2024 IDS (hereinafter referred to as "Nanou"). With regards to claims 28, 47-48, 50-51 and 54, Nanou teaches: a) as in claims 28, 47-48, 50-51 and 54, a process of enriching cell-type specific extracellular vesicles (EVs) from a subject, comprising: a. providing a biological fluid sample from the subject; b. contacting the sample with antibodies specific for a cell surface marker, optionally wherein the antibodies are attached to a matrix; c. isolating antibody-bound EVs from unbound EVs in the sample; and e. contacting the EVs with a detection agent specific for a second biomarker; optionally wherein the cell surface marker is EpCAM; further comprising isolating total extracellular vesicles (EVs) from the sample by membrane capture, determining total protein levels in the isolated total extracellular vesicles; wherein isolation of antibody bound EVs from unbound EVs is through attachment to the matrix; wherein the sample is not subjected to chromatography before contacting the sample with the antibodies; wherein isolating the cell-type specific EVs from the sample consists essentially of: contacting the sample with antibodies specific for the cell surface marker for the one or more cell types; isolating the antibody-bound EVs from unbound EVs in the sample, resuspending the antibody-bound EVs in a lysis buffer, and contacting the EVs with a detection agent specific for a second biomarker; wherein the subject has cancer or is suspected of having cancer, and wherein the second biomarker is an immune checkpoint regulator is PD-L1 (see entire document especially Abstract, Table I, Figure I and pages 801 to 804). Thus, Nanou anticipates the present claims. Conclusion No claim is allowed. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Christian Boesen whose telephone number is 571-270-1321. The Examiner can normally be reached on Monday-Friday 9:00 AM to 5:00 PM. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Heather Calamita can be reached at 571-272-2876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 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 . /CHRISTIAN C BOESEN/Primary Examiner, Art Unit 1684
Read full office action

Prosecution Timeline

Oct 13, 2022
Application Filed
May 07, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12680195
METHOD FOR PROMOTING DIVERSIFICATION OF ANTIBODY VARIABLE REGION
3y 6m to grant Granted Jul 14, 2026
Patent 12668893
Methods of Analyzing Cell Free Nucleic Acids and Applications Thereof
3y 10m to grant Granted Jun 30, 2026
Patent 12668891
CRISPR nuclease off-target detection by sequencing (CROFT-Seq)
3y 1m to grant Granted Jun 30, 2026
Patent 12649980
THREE-DIMENTIONAL SURFACE FOR PROTEIN AND SMALL MOLECULE MICROARRAYS
4y 2m to grant Granted Jun 09, 2026
Patent 12644203
NOVEL CELLULAR PHENOTYPE SCREENING METHOD
3y 2m to grant Granted Jun 02, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
97%
With Interview (+21.3%)
3y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 628 resolved cases by this examiner. Grant probability derived from career allowance 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