Prosecution Insights
Last updated: April 19, 2026
Application No. 18/010,580

BIOMARKER BASED PATIENT SELECTION FOR PROTEASOME INHIBITOR TREATMENT

Non-Final OA §102
Filed
Dec 15, 2022
Examiner
AEDER, SEAN E
Art Unit
1642
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
UNIVERSITY OF UTAH RESEARCH FOUNDATION
OA Round
2 (Non-Final)
57%
Grant Probability
Moderate
2-3
OA Rounds
3y 2m
To Grant
76%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
793 granted / 1395 resolved
-3.2% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
81 currently pending
Career history
1476
Total Applications
across all art units

Statute-Specific Performance

§101
13.8%
-26.2% vs TC avg
§103
25.4%
-14.6% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
24.5%
-15.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1395 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 The Amendments and Remarks filed 1/12/26 in response to the Office Action of 9/11/25 are acknowledged and have been entered. Claims 1-6 and 8-20 are pending. Claims 2, 4, 6, 8, 11, 12, 16-18, and 20 have been amended by Applicant. Claims 1-6 and 8-20 are currently under examination. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. This Office Action contains a New Rejection necessitated by New Considerations. Objections Withdrawn All previous objections are withdrawn. Rejections Withdrawn All previous rejections are withdrawn. New Rejections Claim Rejections - 35 USC § 102 Claim(s) 1-5 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barakat et al (Cancer Letters, 2016, 375: 152-161), as evidenced by the instant specification. Barakat et al teaches treating a subject having PC3 prostate cancer comprising administering the proteasome inhibitor bortezomib to the subject (Fig. 5, in particular). Barakat et al does not mention ATAD1 or PTEN. However, as evidenced by [0076] on page 18 of the instant specification, PC3 prostate cancer cells are PTEN-null and are hemizygous for ATAD1 (the cancer has a non-functional ATAD1 gene where a portion or all of an ATAD1 gene is deleted). As defined by instant claim 14, such a method appears to be equivalent to a method of increasing apoptosis because the method of Barakat et al administers recited reagents to subjects comprising a non-functional ATAD1 gene. Allowable Subject Matter Claims 6 and 8-13 are allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN E AEDER whose telephone number is (571)272-8787. The examiner can normally be reached M-F 9am-6pm ET. 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, Samira Jean-Louis can be reached at (571)270-3503. 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. /SEAN E AEDER/Primary Examiner, Art Unit 1642
Read full office action

Prosecution Timeline

Dec 15, 2022
Application Filed
Sep 08, 2025
Non-Final Rejection — §102
Jan 12, 2026
Response Filed
Jan 28, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12590156
FUSION ANTIBODY FOR PRESENTING ANTIGEN-DERIVED T CELL ANTIGEN EPITOPE OR PEPTIDE CONTAINING SAME ON CELL SURFACE, AND COMPOSITION COMPRISING SAME
2y 5m to grant Granted Mar 31, 2026
Patent 12580049
TUMOR MICROENVIRONMENT-BASED METHODS FOR ASSESSING CAR-T AND OTHER IMMUNOTHERAPIES
2y 5m to grant Granted Mar 17, 2026
Patent 12571799
BIOMARKERS FOR DETERMINING THE EFFICACY OF IMMUNE CHECKPOINT INHIBITORS
2y 5m to grant Granted Mar 10, 2026
Patent 12559800
KMT2A-MAML2 FUSION MOLECULES AND USES THEREOF
2y 5m to grant Granted Feb 24, 2026
Patent 12559801
COMPOSITIONS AND METHODS FOR TREATING BREAST CANCER
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
57%
Grant Probability
76%
With Interview (+19.5%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
Based on 1395 resolved cases by this examiner. Grant probability derived from career allow rate.

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