Prosecution Insights
Last updated: October 04, 2026
Application No. 18/263,820

COMBINATION THERAPY FOR TREATING ABNORMAL CELL GROWTH

Non-Final OA §102§103
Filed
Aug 01, 2023
Priority
Feb 05, 2021 — provisional 63/146,349 +10 more
Examiner
SEITZ, ANTHONY JOSEPH
Art Unit
1629
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Verastem Inc.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
142 granted / 208 resolved
+8.3% vs TC avg
Strong +27% interview lift
Without
With
+27.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
59 currently pending
Career history
263
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
27.7%
-12.3% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
24.4%
-15.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 208 resolved cases

Office Action

§102 §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 Election/Restrictions and Status of the Claims Applicant’s election without traverse of Group I, comprising claims 1-2, 8, 65, and 67, as well as ‘palbociclib’ as the single CDK 4/6 inhibitor in the response filed on March 9th 2026 is acknowledged. Claims 1-2, 8, 33-34, 40, 57-59, 64-65, 67-74, 76, and 94 are pending. Claims 33-34, 40, 57-59, 64, 68-74, 76, and 94 are withdrawn from further consideration as being directed towards nonelected inventions. Claims 1-2, 8, 65, and 67 are examined on their merits. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The Information Disclosure Statements filed on March 9th 2026, August 28th 2025, June 4th 2025, September 23rd 2024, July 2nd 2024, October 18th 2023, and August 1st 2023 are in compliance with the provisions of 37 CFR 1.97 and have been considered in full. A signed copy of references cited from the IDS is included with this Office Action. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, and 65 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ruscetti (US 2021/0205319 A1 effectively filed on July 6th 2018). Claim 1 is directed towards a method of treating cancer via administration of a combination of a CDK 4/6 inhibitor and a dual RAF/MEK inhibitor. One such inhibitor is PNG media_image1.png 104 282 media_image1.png Greyscale , a compound known in the art as avutometinib or RO5126766. Ruscetti teaches the treatment of pancreatic cancer via administration of a combination of a CDK 4/6 inhibitor and an MEK inhibitor (Ruscetti, pg. 25, claim 1), wherein the MEK inhibitor is RO5126766 (Ruscetti, pg. 25, claim 1). Ruscetti thereby anticipates claim 1. Claim 2 limits the CDK 4/6 inhibitor of claim 1 to be selected from a group that contains palbociclib, ribociclib, and abemaciclib. Ruscetti teaches that the CDK 4-6 inhibitor is palbociclib, ribociclib, or abemaciclib, anticipating claim 2. Claim 65 requires that the MEK inhibitor of claim 1 is PNG media_image1.png 104 282 media_image1.png Greyscale . As Ruscetti teaches the treatment of pancreatic cancer via administration of a combination of a CDK 4/6 inhibitor and an MEK inhibitor (Ruscetti, pg. 25, claim 1), wherein the MEK inhibitor is RO5126766 (Ruscetti, pg. 25, claim 1), Ruscetti anticipates claim 65. Claim Rejections - 35 USC § 103 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. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ruscetti in view of Nair (Nair et al., A simple practice guide for dose conversion between animals and human. J Basic Clin Pharm. 2016 Mar;7(2):27-31) Claim 8 requires that the dose of the CDK 4/6 inhibitor administered in the method of claim 1 is 1-1000 mg. For the teachings of Ruscetti as they are relevant to claim 1, see the above 102 rejection for claim 1. Regarding the dosage, Ruscetti teaches administration of palbociclib to mice at a dose of 100 mg/kg (Ruscetti, paragraph [0262]). Using a standard conversion of effective mouse dosage to effective human dosage (Nair, pg. 29): 100   m g k g × 1 12.3     = 8.13 m g k g h u m a n   d o s a g e and standardizing to a 60 kg human (Nair, pg. 29): 8.13 m g k g   × 60   k g = 487.8   m g   h u m a n   d o s e As this is in the range of 1-1000 mg, one of ordinary skill in the art would have a reasonable expectation of success in administering the dosage described by the claim, and claim 8 is prima facie obvious. Claim 67 is rejected under 35 U.S.C. 103 as being unpatentable over Ruscetti in view of Berge (WO 2019/096397 A1 published on May 23rd 2019). Claim 67 requires that, in the method of claim 65, the compound is a potassium salt of the compound, PNG media_image1.png 104 282 media_image1.png Greyscale . For the teachings of Ruscetti as they are relevant to claim 65, see the above 102 rejection over claim 65. Regarding the potassium salt of the compound, while Ruscetti does not explicitly teach the potassium salt of the compound, one of ordinary skill in the art would have a reasonable expectation of success in using the potassium salt in Ruscetti’s treatment, because the potassium salt is already known in the art to be used for the treatment of cancers. See Banerji (Banerji, pg. 31, claim 2). One of ordinary skill in the art would thereby have a reasonable expectation of success in treating a cancer with the combination of a CDK 4/6 inhibitor and the potassium salt of RO5126766 and claim 67 is prima facie obvious. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anthony Seitz whose telephone number is (703)756-4657. The examiner can normally be reached 7:30 AM ET - 5:00 PM ET M-F. 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, Jeffrey Lundgren can be reached at (571)272-5541. 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. /A.J.S./Examiner, Art Unit 1629 /JEFFREY S LUNDGREN/Supervisory Patent Examiner, Art Unit 1629
Read full office action

Prosecution Timeline

Aug 01, 2023
Application Filed
May 27, 2026
Non-Final Rejection mailed — §102, §103 (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
95%
With Interview (+27.0%)
3y 5m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 208 resolved cases by this examiner. Grant probability derived from career allowance rate.

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