Prosecution Insights
Last updated: August 06, 2026
Application No. 18/408,900

METHODS OF TREATING HIV

Final Rejection §DP
Filed
Jan 10, 2024
Priority
Jul 03, 2019 — provisional 62/870,413 +1 more
Examiner
SHIAO, REI TSANG
Art Unit
1691
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Janssen Sciences Ireland Unlimited Company
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
46%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
1643 granted / 2056 resolved
+19.9% vs TC avg
Minimal -34% lift
Without
With
+-33.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
54 currently pending
Career history
2082
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
29.2%
-10.8% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
30.0%
-10.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2056 resolved cases

Office Action

§DP
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 Priority and Status of Claims 1. This application is a CON of 16919677 07/02/2022, which claims benefit of the provisional application: 62870413 07/03/2019 2. Applicant’s remarks filed on 6/19/2026 are acknowledged. Claims 13-20 are pending in the application. Responses to Amendments/Arguments 3. Applicant's arguments regarding the rejection of claims 13 and 16-17 under 35 U.S.C. 103 (a) over Phase II trial for antiviral activity for treating HIV-1 virus using Rilpivirine have been fully considered and they are persuasive. Therefore the rejection of claims 13 and 16-17 under 35 U.S.C. 103 (a) over Phase II trial for antiviral activity for treating HIV-1 virus using Rilpivirine has been withdrawn herein. 4. Since a terminal disclaimer against Patankar et al. ‘198 and Crauwels et al. ‘759 has not ben filed to the Office, therefore the rejection of 13-17 under the obviousness-type double patenting over Patankar et al. ‘198 and Crauwels et al. ‘759 is maintained. Applicants are requested to file a terminal disclaimer to overcome the rejection. Claim Objections 5. Claim 18-20 are objected to as being dependent on rejected claim 13. 6. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REI TSANG SHIAO whose telephone number is (571)272-0707. The examiner can normally be reached on 8:30 am-5:00 pm. 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, Renee Claytor can be reached on 571-272-8394. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /REI TSANG SHIAO/ Rei-tsang Shiao, Ph.D.Primary Examiner, Art Unit 1691 July 27, 2026
Read full office action

Prosecution Timeline

Jan 10, 2024
Application Filed
Mar 19, 2026
Non-Final Rejection mailed — §DP
Jun 19, 2026
Response Filed
Jul 30, 2026
Final Rejection mailed — §DP (current)

Precedent Cases

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Patent 12685728
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3y 2m to grant Granted Jul 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
46%
With Interview (-33.9%)
2y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 2056 resolved cases by this examiner. Grant probability derived from career allowance rate.

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