Prosecution Insights
Last updated: April 18, 2026
Application No. 18/032,367

VACCINE

Non-Final OA §102§112
Filed
Apr 18, 2023
Examiner
BOESEN, AGNIESZKA
Art Unit
1672
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
The Pirbright Institute
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
90%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
555 granted / 816 resolved
+8.0% vs TC avg
Strong +22% interview lift
Without
With
+22.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
31 currently pending
Career history
847
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
31.6%
-8.4% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 816 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. Election/Restrictions Applic ant's election without traverse of Group I, claims 1-10 and 14-15 in the reply filed on January 29, 2026 is acknowledged. Claims 11-13, and 17-21 are withdrawn as being drawn to non-elected invention. Claims 1-10 and 14-15 are under examination in this Office action. Information Disclosure Statement The information disclosure statement (IDS) submitted on April 18, 2023 has been considered by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of the second paragraph of 35 U.S.C. 112( b ): 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 1-10 and 14-15 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 pre-AIA the applicant regards as the invention. Claims are drawn to An engineered protein comprising: at least one binding domain which is capable of binding to a cell surface protein on an avian antigen presenting cell; and a) at least one antigenic polypeptide; or b) at least one binding domain which is capable of binding to at least one antigenic polypeptide. The claims are rejected because the recitation of “capable of” is indefinite. Applicant is suggested to amend the claims to delete “which binds” . Correction is required. Claim 15 recites: A vaccine according to claim 14 for use in treating and/or preventing disease in an avian subject. The recitation of “Use” in claims renders the claims indefinite. The claims are drawn to a product and the recitation of “use” implies a process of using the product. The recitation of “use” does not further limit the structure of the claimed product. Correction is required. 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. Claim s 1-10 and 14-15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Shrestha et al. (Vaccines, 2018, Vol. 75, p. 1-16) . Regarding present claims 1-5, 7-8 and 10. Shrestha et al. disclose an engineered protein comprising an antigenic polypeptide such as a hemagglutinin protein conjugated to DEC-205 antibody, ( a binding domain such as an antibody F(ab) ) to a cell surface protein such as CD83, CD11c and Dec205 on a dendritic cells, macrophages and B cells (see page 2, page 5, second paragraph, Figures 1 - 6 and figure description). Regarding claim 4. Shrestha et al. disclose at least one binding domain operably linked to the antigenic polypeptide (see Figures 1 and 2 and page 8). Regarding present claim 6. Shrestha et al. disclose integrin family receptor and Fc receptors (see page 5). Regarding present claim 7 and 8 . Shrestha et al. disclose CD83 (page 5). Regarding present claim 9. Shrestha et al. disclose DEC205-HA (haemagglutinin) conjugate, scFv and Fab-based constructs, coupling to antibody either by chemical linkage or by production of recombinant antibody-antigen fusion constructs (see page 5) . Regarding claims 14 and 15. Shrestha et al. disclose an avian vaccine comprising the engineered protein comprising an antigenic polypeptide such as a hemagglutinin protein conjugated to DEC-205 antibody (see page 5). Thus, by this disclosure Shrestha et al. anticipate the present claims. Pertinent references Zurawski et al. (US 2012/0039916) teach hemagglutinin polypeptide and DC specific antibodies (see paragraph [0012]). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT AGNIESZKA BOESEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8035 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT 8:30 - 5:00 PM . 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, Thomas Visone can be reached on 571-270-0684. 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. /AGNIESZKA BOESEN/ Primary Examiner, Art Unit 1648
Read full office action

Prosecution Timeline

Apr 18, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection — §102, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
90%
With Interview (+22.5%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 816 resolved cases by this examiner. Grant probability derived from career allow rate.

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