Prosecution Insights
Last updated: April 19, 2026
Application No. 18/278,259

CYCLIC CELL-PENETRATING PEPTIDES WITH THREE OR MORE HYDROPHOBIC RESIDUES

Non-Final OA §102§112
Filed
Aug 22, 2023
Examiner
PAGONAKIS, ANNA
Art Unit
6221
Tech Center
6200
Assignee
Ohio State Innovation Foundation
OA Round
1 (Non-Final)
38%
Grant Probability
At Risk
1-2
OA Rounds
3y 0m
To Grant
50%
With Interview

Examiner Intelligence

Grants only 38% of cases
38%
Career Allow Rate
366 granted / 952 resolved
-21.6% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
4 currently pending
Career history
956
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
40.4%
+0.4% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
26.3%
-13.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 952 resolved cases

Office Action

§102 §112
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 Claims 1-2, 6, 8, 10, 13-15, 19, 23, 26, 29 -31, 35, 46 and 50-53 are presented for examination. Acknowledgement is made of the present application as a National Stage (371) entry of PCT Application No. PCT/US2022/017211, filed February 22, 2022, which claims benefit under 35 U.S.C. 119(e) to U.S. Provisional Patent Application No. 63/152,048, filed February 22, 2021. Applicant’s Information Disclosure Statement (IDS) filed on August 22, 2023; December 26, 2023 and December 17, 2025, has been received and entered into the present application. As reflected by the attached, completed copy form of PTO-1449, the Examiner has considered the cited references. REQUIREMENTS FOR PATENT APPLICATIONS CONTAINING NUCLEOTIDE AND/OR AMINO ACID SEQUENCE DISCLOSURES Items 1) and 2) provide general guidance related to requirements for sequence disclosures. 37 CFR 1.821(c) requires that patent applications which contain disclosures of nucleotide and/or amino acid sequences that fall within the definitions of 37 CFR 1.821(a) must contain a "Sequence Listing," as a separate part of the disclosure, which presents the nucleotide and/or amino acid sequences and associated information using the symbols and format in accordance with the requirements of 37 CFR 1.821 - 1.825. This "Sequence Listing" part of the disclosure may be submitted: In accordance with 37 CFR 1.821(c)(1) via the USPTO patent electronic filing system (see Section I.1 of the Legal Framework for Patent Electronic System (https://www.uspto.gov/PatentLegalFramework), hereinafter "Legal Framework") as an ASCII text file, together with an incorporation-by-reference of the material in the ASCII text file in a separate paragraph of the specification as required by 37 CFR 1.823(b)(1) identifying: the name of the ASCII text file; ii) the date of creation; and iii) the size of the ASCII text file in bytes; In accordance with 37 CFR 1.821(c)(1) on read-only optical disc(s) as permitted by 37 CFR 1.52(e)(1)(ii), labeled according to 37 CFR 1.52(e)(5), with an incorporation-by-reference of the material in the ASCII text file according to 37 CFR 1.52(e)(8) and 37 CFR 1.823(b)(1) in a separate paragraph of the specification identifying: the name of the ASCII text file; the date of creation; and the size of the ASCII text file in bytes; In accordance with 37 CFR 1.821(c)(2) via the USPTO patent electronic filing system as a PDF file (not recommended); or In accordance with 37 CFR 1.821(c)(3) on physical sheets of paper (not recommended). When a “Sequence Listing” has been submitted as a PDF file as in 1(c) above (37 CFR 1.821(c)(2)) or on physical sheets of paper as in 1(d) above (37 CFR 1.821(c)(3)), 37 CFR 1.821(e)(1) requires a computer readable form (CRF) of the “Sequence Listing” in accordance with the requirements of 37 CFR 1.824. If the "Sequence Listing" required by 37 CFR 1.821(c) is filed via the USPTO patent electronic filing system as a PDF, then 37 CFR 1.821(e)(1)(ii) or 1.821(e)(2)(ii) requires submission of a statement that the "Sequence Listing" content of the PDF copy and the CRF copy (the ASCII text file copy) are identical. If the "Sequence Listing" required by 37 CFR 1.821(c) is filed on paper or read-only optical disc, then 37 CFR 1.821(e)(1)(ii) or 1.821(e)(2)(ii) requires submission of a statement that the "Sequence Listing" content of the paper or read-only optical disc copy and the CRF are identical. Specific deficiencies and the required response to this Office Action are as follows: Specific deficiency – Nucleotide and/or amino acid sequences appearing in the specification are not identified by sequence identifiers in accordance with 37 CFR 1.821(d). For instance, the sequences on pages 8 and 55-56. Required response – Applicant must provide: A substitute specification in compliance with 37 CFR 1.52, 1.121(b)(3) and 1.125 inserting the required sequence identifiers, consisting of: A copy of the previously-submitted specification, with deletions shown with strikethrough or brackets and insertions shown with underlining (marked-up version); A copy of the amended specification without markings (clean version); and A statement that the substitute specification contains no new matter. Any specific questions should be directed to Sequence Systems Service Center of the Scientific and Technical Information Center at 571-272-2510. Further, t he disclosure is objected to because it contains an embedded hyperlink and/or other form of browser-executable code. For instance, please refer to page 35. Applicant is required to delete the embedded hyperlink and/or other form of browser-executable code; references to websites should be limited to the top-level domain name without any prefix such as http:// or other browser-executable code. See MPEP § 608.01. Claim Objections Claims 31 and 46 are objected to for failing to recite amino acid sequences that is identified by sequence identifiers in accordance with 37 CFR 1.821(d). Claim Rejection – 35 U.S.C. 112(d) The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.— Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim s 6 , 26 and 50-53 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 fails to further limit claim 1 as the hydrophobic amino acids recited in claim 6 are not recited in claim 1. Claim 26 depends on cancelled claim 24. Claims 50-53 fails to further limit claim 1 as claim 1 does not recite a cargo or cargo moiety. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 112 (b) The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.— The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. 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 appl icant regards as his invention. Claims 50-52 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 50-52 recite a “cargo moiety.” Claim 1 from which claims 50-52 fails to identify this cargo moiety. For purposes of examination, the moiety will be considered to be the cyclic peptide itself. 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. (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. Claim(s) 1-2, 6, 8, 10, 13-15, 19, 23, 26 , 29, 30, 31, 35 and 50- 53 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Bagheri et al. (Antimicrobial Agents and Chemotherapy, Feb. 2011, p. 788-797). Bagheri et al. teaches the cyclic peptides , where R is arginine (Figure 1, page 789 ): Regarding method claim 53, Bagheri et al. teach treatment of a pathology in a subject wherein the cyclic peptides exhibit anti- E.coli activity (abstract). Claim(s) 1-2, 6, 10, 13-15, 19, 23, 26, 31, 35 and 50- 53 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Dathe (Biochemistry, 2004, 43, 9140-9150). Dathe et al. the short cyclic peptide sequence: AcRRWWRF-NH 2 where R is arginine and W is napthylalanine (page 9142, left column, second full paragraph and Table 2). Regarding method claim 53, Bagheri et al. teach treatment of a pathology in a subject wherein the cyclic peptides exhibit anti- E.coli activity ( Figure 1). Claim(s) 1-2, 6, 10, 13-15, 19, 23, 26, 30-31, 35 and 50-53 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Parang et al. (WO 2021/042039; wherein U.S. 2022/0289794 is used as an English translation). Parang et al. teaches the following cyclic peptides (Table 2, pages 31-33): ; ; ; ; Regarding method claim 53, Parang et al. teach treatment of a pathology in a subject wherein the cyclic peptides exhibit broad-spectrum activity against gram-positive bacteria (Table 15). CONCLUSION No claims of the present application are allowable. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ANNA PAGONAKIS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3505 . The examiner can normally be reached Monday to Friday, 8AM to 4PM. 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, Karin Ferriter can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-4509 . 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. /ANNA PAGONAKIS/ Primary Examiner, Art Unit 6221
Read full office action

Prosecution Timeline

Aug 22, 2023
Application Filed
Feb 05, 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
38%
Grant Probability
50%
With Interview (+11.9%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 952 resolved cases by this examiner. Grant probability derived from career allow rate.

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