Prosecution Insights
Last updated: October 02, 2026
Application No. 18/190,068

Compositions and Methods for Adjuvanted Vaccines

Non-Final OA §102
Filed
Mar 24, 2023
Priority
Mar 25, 2022 — provisional 63/324,019
Examiner
MONTANARI, DAVID A
Art Unit
1632
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Massachusetts Institute of Technology
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
499 granted / 771 resolved
+4.7% vs TC avg
Strong +49% interview lift
Without
With
+49.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
51 currently pending
Career history
827
Total Applications
across all art units

Statute-Specific Performance

§101
4.9%
-35.1% vs TC avg
§103
36.7%
-3.3% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
33.6%
-6.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 771 resolved cases

Office Action

§102
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 Applicant’s election of Group I, claims 1, 2, 4, 7, 8, 10, 11 and 16 in the reply filed on 4/1/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 3, 5 and 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 4/1/2026. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 2, 4, 7, 8, 10, 11 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Du et al. (WO 2021/178623 A1). Regarding claims 1 and 2, Du et al. teach a nanoparticle comprising a mRNA construct comprising: a first mRNA sequence encoding an agent (an immunogenic polypeptide), a second mRNA encoding a C3d; wherein the first mRNA is operably linked via a linker to the second mRNA (parags. 11-14, 18 and 58). Regarding claims 4 and 7, Du teaches that the nanoparticle can encode multiple antigens and comprises at least two mRNA constructs (parags. 56 and 57). Regarding claim 8, Du teaches that in some embodiments the mRNA is linearized, thus the other embodiments encompass a circular mRNA (parag. 20). Regarding claim 10, Du teaches that the nanoparticle is ionizable (parag. 61). Regarding claim 11, Du teaches that the nanoparticle further comprises a therapeutic agent (parags. 56, 57 and 96). Regarding claim 16, the specification teaches regarding chemically modified that “In some embodiments, the RNA can be chemically modified, for example to improve its properties, e.g, used to improve the properties and efficacy of the RNA. A number of chemical modification have been developed to improve the in vivo properties of nucleic acids. “(parag. 99 lines 1-4). In this regard, Du teaches modifying their mRNA with nucleoside which will improve the properties and efficacy of RNA (parag. 102). Thus the teachings of Du clearly anticipate the invention of claims 1, 2, 4, 7, 8, 10, 11 and 16. Conclusion No claims are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID A MONTANARI whose telephone number is (571)272-3108. The examiner can normally be reached M-Tr 8-6. 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, Peter Paras can be reached at 571-272-4517. 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. /DAVID A MONTANARI/Examiner, Art Unit 1632
Read full office action

Prosecution Timeline

Mar 24, 2023
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102 (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
65%
Grant Probability
99%
With Interview (+49.0%)
3y 10m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 771 resolved cases by this examiner. Grant probability derived from career allowance rate.

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