Prosecution Insights
Last updated: October 02, 2026
Application No. 18/300,973

Immunogenic Compositions Against SARS-COV-2 Variants And Their Methods Of Use

Non-Final OA §112
Filed
Apr 14, 2023
Priority
Apr 20, 2022 — provisional 63/332,982
Examiner
PARKIN, JEFFREY S
Art Unit
1671
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Inovio Pharmaceuticals Inc.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
557 granted / 874 resolved
+3.7% vs TC avg
Strong +22% interview lift
Without
With
+21.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
30 currently pending
Career history
907
Total Applications
across all art units

Statute-Specific Performance

§101
4.1%
-35.9% vs TC avg
§103
25.8%
-14.2% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
52.2%
+12.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 874 resolved cases

Office Action

§112
Detailed Office 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 . Status of the Claims Acknowledgement is hereby made of receipt and entry of the communication filed 12 March, 2026. Claims 1-44 are pending in the instant application. Applicant’s election of Group I (claims 1-7) without traverse is noted. Claims 8-44 have been withdrawn from further consideration by the Examiner, pursuant to 37 C.F.R. § 1.142(b), as being drawn to a non-elected invention. 37 C.F.R. § 1.98 The information disclosure statements filed 20 June, 2023, 26 June, 2023 (2), 17 August, 2023, 06 November, 2023, 10 January, 2024, 18 October, 2024, 12 December, 2024, 07 January, 2025, 12 March, 2025, 02 May, 2025, 21 May, 2025, and 12 March, 2026, have been placed in the application file and the information referred to therein has been considered. 37 C.F.R. § 1.84 The drawings filed 14 April, 2023, have been reviewed and are acceptable. Claim Objections Claims 1-7 are objected to because of the following informalities: claim 1 references a nucleic acid encoding “the nucleic acid molecule encodes amino acids 19 to 1276 of SEQ ID NO: 1 the nucleic acid molecule encodes the amino acid sequence f SEQ ID NO: 1” which should read “the nucleic acid molecule encodes amino acids 19 to 1276 of SEQ ID NO: 1; the nucleic acid molecule encodes the amino acid sequence f SEQ ID NO: 1”. Appropriate correction is required. 35 U.S.C. § 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. Claims 3-7 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. Two separate requirements are set forth under this statute: (1) the claims must set forth the subject matter that applicants regard as their invention; and (2) the claims must particularly point out and distinctly define the metes and bounds of the subject matter that will be protected by the patent grant. The claims reference an immunogenic composition comprising an expression vector containing nucleic acids encoding a SARS-CoV-2 spike antigen. The term immunogenic references the ability of an immunogen (e.g., protein, polysaccharide, etc.) to provoke an immune response. Immunizing references the process of inducing immunity in a subject following the administration of a suitable vaccine composition. The composition comprising the expression vector containing the spike-encoding nucleic acid would not normally be immunogenic. Immunity would be induced by the expressed immunogen (spike protein). Amendment of the claim language to reference an “immunizing” composition comprising the expression vector would be acceptable. Allowable Subject Matter The modified SARS-CoV-2 spike protein (SEQ ID NO.: 1) appears to be free of the prior art and is allowable. Correspondence Any inquiry concerning this communication should be directed to Jeffrey S. Parkin, Ph.D., whose telephone number is (571) 272-0908. The Examiner can normally be reached Monday through Friday from 10:00 AM to 6:00 PM. A message may be left on the Examiner's voice mail service. 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 are unsuccessful, the Examiner's supervisor, Michael Allen, Ph.D., can be reached at (571) 270-3497. Direct general status inquiries to the Technology Center 1600 receptionist at (571) 272-1600. Information regarding the status of an application may be obtained from the Patent Center. Status information for published applications may be obtained from the Patent Center. Status information for unpublished applications is available through the Patent Center for authorized users only. Should you have questions about access to Patent Center, 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. Respectfully, /JEFFREY S PARKIN/Primary Examiner, Art Unit 1671 03 April, 2026
Read full office action

Prosecution Timeline

Apr 14, 2023
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §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
64%
Grant Probability
85%
With Interview (+21.7%)
3y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 874 resolved cases by this examiner. Grant probability derived from career allowance rate.

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