Prosecution Insights
Last updated: April 18, 2026
Application No. 18/252,222

USE OF SHORT CHAIN FATTY ACIDS IN CANCER PREVENTION

Non-Final OA §103
Filed
May 09, 2023
Examiner
WORSHAM, JESSICA N
Art Unit
1615
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Temple University-Of The Commonwealth System Of Higher Education
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
407 granted / 726 resolved
-3.9% vs TC avg
Strong +58% interview lift
Without
With
+57.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
54 currently pending
Career history
780
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
42.2%
+2.2% vs TC avg
§102
17.1%
-22.9% vs TC avg
§112
23.0%
-17.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 726 resolved cases

Office Action

§103
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 Information Disclosure Statement The information disclosure statements (IDS) submitted on 1 June 2024 and 1 December 2025 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. See attached copy of PTO-1449. Response to Restriction 2. Applicant’s election without traverse of Group I (claims 1, 6-9, 12-15, 21, 25, and 27-29) in the reply filed on 17 November 2025 is acknowledged. Status of Application 3. The instant application is a national stage entry of PCT/US21/59211 filed 12 November 2021. Claims 1, 6-9, 12-15, 21, 25, and 27-30 are currently pending. Claim 30 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 17 November 2025. Claims 1, 6-9, 12-15, 21, 25, and 27-29 are examined on the merits within. Claim Objections 4. Claim 1 is objected to because of the following informalities: “thereof of” should instead recite “thereof”. Appropriate correction is required. Claim Rejections – 35 U.S.C. 103 5. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 6. Claim(s) 1, 6-9, 12-15, 21, 25, and 27-29 is/are rejected under 35 U.S.C. 103 as being obvious over Mackay et al. (WO2020/073087) in view of Jung et al. (Cancer Letters, 2005). Regarding instant claim s 1, 6- 9 , and 12-1 5 , Mackay et al. teach a combination of at least two short chain fatty acids, esters or salts thereof, wherein the combination may be butyric acid and propionic acid. See page 16, lines 15-18. The short chain fatty acids may be provided as sodium, potassium, calcium or magnesium salts. See page 26, lines 12-15. The dose of any one of butyric acid or propionic acid is 2 mg/kg to 10 mg/kg , resulting in a ratio of at least 2:1 . See page 73, lines 4-9. Regarding instant claim 21, t he short chain fatty acids are provided in a pharmaceutical composition with a n excipient, diluent, or carrier. See page 18, lines 1-2. Regarding instant claim s 25 and 27-28, t he composition may be in the form of an oral dosage form including an enteric coating. See page 18, lines 7-11. The composition may be in the form of a tablet or capsule. See page 74, lines 12-22. Regarding instant claim 29, the composition is administered to a human. See page 61, lines 26-29. Mackay et al. do not teach treating Ras-related cancer. Jung et al. teach that sodium butyrate induced apoptosis by down-regulation of ras/raf/MEK/ERK signaling pathway and up-regulation of various pro-apoptotic proteins. See page 205. Thus sodium butyrate may be a good candidate to manage ras-transformed cancers which occupies 30% of human cancer. See page 206. It would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to administer the composition of Mackay et al. to treat Ras-related cancer because Jung et al. teach the effectiveness of sodium butyrate in down-regulating ras/raf/MEK/ERK signaling pathways. One would have been motivated, with a reasonable expectation of success, because Mackay et al. teach the formulation is already known to be effective in treating autoimmune and inflammatory diseases. It would have been obvious to modify the amount of each ingredient to achieve the desired effect dependent on the patient. Conclusion 7. No claims are allowed at this time. 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JESSICA WORSHAM whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7434 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday (8-5) . 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, FILLIN "SPE Name?" \* MERGEFORMAT Robert Wax can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-0623 . 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. /JESSICA WORSHAM/ Primary Examiner, Art Unit 1615
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Prosecution Timeline

May 09, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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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
56%
Grant Probability
99%
With Interview (+57.5%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 726 resolved cases by this examiner. Grant probability derived from career allow rate.

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