Prosecution Insights
Last updated: April 19, 2026
Application No. 18/427,737

EBOLAVIRUS AND MARBURGVIRUS VACCINES

Non-Final OA §101§102§103
Filed
Jan 30, 2024
Examiner
PARKIN, JEFFREY S
Art Unit
1671
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
CUREVAC SE
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
85%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
542 granted / 852 resolved
+3.6% vs TC avg
Strong +21% interview lift
Without
With
+21.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
41 currently pending
Career history
893
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
27.7%
-12.3% vs TC avg
§102
3.6%
-36.4% vs TC avg
§112
46.7%
+6.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 852 resolved cases

Office Action

§101 §102 §103
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 01 October, 2025. Claims 1, 3, 7-15, 17, 19-23, and 35-37 are pending in the instant application. Applicants’ election of Group IV without travers for examination on the merits is noted. 35 U.S.C. § 119 Acknowledgment is hereby made of Applicant’s claim for foreign priority based on PCT/EP2014/003371, filed 16 December, 2014. A copy of the foreign priority document submitted under 35 U.S.C. § 119(a)-(d), was received in U.S. Serial No. 15/536,595 and placed of record in the file. 37 C.F.R. § 1.98 The information disclosure statement filed 13 June, 2024, has been placed in the application file and the information referred to therein has been considered. 37 C.F.R. § 1.84 The drawings filed 30 January, 2024, have been reviewed and are acceptable. 35 U.S.C. § 101 The following is a quotation of 35 U.S.C. § 101 which reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title. Claims 1, 3, 7, 8, 10, and 35 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (e.g., product of nature) without significantly more. The claims recite a mRNA comprising a region encoding a Marburgvirus glycoprotein (GP). Additional limitations specify the structure of the mRNA (e.g., 5’-CAP-5’UTR-MARV GP coding region-3’-UTR-poly(A) site-3’). This judicial exception is not integrated into a practical application because the claimed polypeptides do not appear to be markedly different from their naturally-occurring counterparts. During viral replication MARV GP mRNAs would reasonably be expected to contain the following structure: 5’-CAP-5’UTR-MARV GP coding region-3’-UTR-poly(A) site-3’ (Mϋhlberger et al., 1996). Moreover, the inclusion of a pharmaceutical carrier (e.g., water or PBS) does not markedly change the characteristics of the MARV mRNA. Furthermore, the utilization of a carrier is well-understood, routine and conventional in the field. Accordingly, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. See Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576, 133 S. Ct. 2107, 186 L. Ed. 2d 124, 106 U.S.P.Q.2d 1972, 81 U.S.L.W. 4388 (2013), wherein the Court concluded that claims directed toward isolated DNAs are not patent-eligible because they read on isolated naturally-occurring DNA that is a "product of nature." The Court held that simply isolating a "gene from its surrounding genetic material is not an act of invention." Similarly in this situation, the claimed mRNAs, have simply been isolated from their natural environment and do not constitute an inventive act. Notice re prior art available under both pre-AIA and AIA 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 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. 35 U.S.C. § 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)(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, 3, 7, 8, 10 and 35 are rejected under 35 U.S.C. § 102 (a)(2) as being clearly anticipated by Weiner and Shedlock (U.S. Patent No. 9,597,388 B2, issued 21 March, 2017, and claiming priority to Prov. Appl. No. 61/623,428, filed 12 April, 2012; hereinafter referred to as “Weiner and Shedlock (2017)”). Claim 1 is directed toward a mRNA comprising a coding region encoding at least one antigenic Marburgvirus (MARV) glycoprotein GP, or fragment thereof. Claim 3 references a full-length GP antigen. Claims 7, 8, and 10 provide additional limitations with respect to the mRNA structure. Claim 7 references a mRNA structure comprising a 5’-CAP, poly(A) sequence, and optional poly(C) sequence. Claim 8 requires a poly(A) sequence of 50 to 400 nucleotides. Claim 10 references a mRNA comprising a 3’-UTR. Claim 35 references a MARV GP that displays at least 90% amino acid sequence identity to SEQ ID NO.: 3 Weiner and Shedlock (2017) disclose pharmaceutical compositions comprising immunizing nucleic acid sequences encoding the Marburgvirus GP from strain Angola 2005 (SEQ ID NO. 3) and methods of immunization using said compositions. This sequence is identical to the MARV GP amino acid sequence set forth in the claims (SEQ ID NO.: 3; see attached Appendix for direct sequence comparisons). Immunogenic fragments of the MARV GP are also contemplated (see cols. 3-6 and 22). These immunogens were expressed in human kidney cells utilizing the pMARV vector which contains the full-length MARV Angola GP coding region under the control of a CMV promoter (see Example 1, Methods, Plasmid Vaccine Construction, cols. 33-34). Since these immunogens were expressed in eukaryotic cells, their mRNA would inherently contain the following structure: 5’-CAP-5’UTR-MARV GP coding region-3’-UTR-poly(A) site-3’. Accordingly, this teaching meets all of the claimed limitations. Joint Inventors, Common Ownership Presumed This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention. 35 U.S.C. § 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 of this title, 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. Graham v. Deere The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 U.S.P.Q. 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 9, 11-15, 17, 19, 23, 36, and 37 are rejected under 35 U.S.C. § 103 as being unpatentable over Von Der Mülbe et al. (U.S. Patent No. 10,568,972 B2, issued 25 February 2020, and claiming priority to U.S. Application No. 10/729,830, filed 05 December, 2003; hereinafter referred to as “Von Der Mülbe et al. (2020)”), in view of Weiner and Shedlock (U.S. Patent No. 9,597,388 B2, issued 21 March, 2017, and claiming priority to Prov. Appl. No. 61/623,428, filed 12 April, 2012; hereinafter referred to as “Weiner and Shedlock (2017)”), and Thess (WO 2013/143699 A1, published 03 October, 2013; hereinafter referred to as “Thess (2013)”). The claims are directed toward a mRNA comprising a coding region encoding at least one antigenic Marburgvirus (MARV) glycoprotein GP, or fragment thereof. Claims 9, 11-15, 17, and 19 provide additional limitations with respect to the mRNA structure. Claim 9 recites the addition of a histone stem-loop in the structure. Claims 11-13 are directed toward different 3’-UTR element characteristics (e.g., stable 3’-UTR (claim 11), albumin or globin gene 3’-UTR (claim 12), or a 3’-UTR comprising SEQ ID NO.: 33 or 34 (claim 13)). Claim 14 references a mRNA with the following features: 5’-CAP-MARV GP coding region-3’-UTR element (SEQ ID NO.: 34). Claims 15 and 17 further define the 5’-UTR by requiring a TOP motif (claim 15) and TOP motif from a ribosomal large protein (RPL; SEQ ID NO.: 32). Claim 19 references a mRNA sequence that displays at least 80% sequence identity with SEQ ID NO.: 39. Claim 23 references a pharmaceutical composition comprising the mRNA of interest. Claims 36 and 37 reference coding regions that display at least 85%/90% sequence identity to SEQ ID NO.: 73 (claims 36/37). Von Der Mülbe et al. (2020) discloses methods for stimulating an immune response to an Ebolavirus (EBOV) antigen in a subject comprising administering a pharmaceutical composition comprising a modified mRNA encoding an EBOV glycoprotein (GP) to said subject, wherein said mRNA comprises an increased G/C content as compared to the corresponding wildtype mRNA. The inventors stated that “the G/C content of the region of the modified mRNA coding for the peptide or polypeptide is increased relative to that of the G/C content of the coding region of the wild type mRNA” (col. 4, lines 9-13) and “This modification is based on the fact that, for efficient translation of mRNA, the sequence of the region of the mRNA to be translated is essential…In particular sequences with an increased G (guanosine)/C (cytosine) content are more stable that sequences with an increased A (adenosine)/U (uracil) content.” (col. 4, lines 16-23) (emphasis added by the Examiner). Further guidance is provided in cols. 5 and 6 wherein the inventors note that “Preferably the G/C content of the region of the modified mRNA coding for the peptide or polypeptide is increased by at least 7%, more preferably by at least 15%, and particularly preferably by at least 20% compared to the G/C content of the coded region of the wild type mRNA” (col. 5, lines 37-42). This teaching discloses using a modified poly(a) sequence comprising 50 to at least 200 nucleotides (see col. 7, lines 56-60). Additional modifications described include the utilization of a 5’ cap structure (see col. 7, lines 50-55) and 3’ stabilizing untranslated sequence (UTR) obtained from the β-globin gene (see col. 8, lines 22-39). Pharmaceutical compositions and carriers are contemplated as well (cols. 11 and 12). This teaching does not disclose a mRNA encoding a MARV GP, including the amino acid sequence set forth in SEQ ID NO.: 3 or the modified G/C-rich nucleotide sequences of SEQ ID NOS.: 39 and 73). Weiner and Shedlock (2017) disclose pharmaceutical compositions comprising immunizing nucleic acid sequences encoding the Marburgvirus GP from strain Angola 2005 (SEQ ID NO. 3) and methods of immunization using said compositions. This sequence is identical to the MARV GP amino acid sequence set forth in the claims (SEQ ID NO.: 3; see attached Appendix for direct sequence comparisons). Immunogenic fragments of the MARV GP are also contemplated (see cols. 3-6 and 22). This teaching does not disclose the claimed modified mRNAs. Thess (2013) discloses various modifications that make mRNA vaccines more stable (see pp. 22-25, 60, 61, 83, 84, and 87). Various modifications were disclosed including the utilization of a 5'-CAP structure, a poly (A) sequence, a poly (C) sequence. It was noted that the poly (A) sequence can comprise about 25 to about 400 adenosine nucleotides. Additional modifications include the utilization of a histone stem-loop and at least one 3'-UTR element. The 3'-UTR element may be derived from a 3'-UTR of a gene selected from the group consisting of an albumin gene, an a-globin gene, a P-globin gene, a tyrosine hydroxylase gene, a lipoxygenase gene, and a collagen alpha gene. Preferred embodiments include SEQ ID NOS.: 33 and 34 (SEQ ID NOS.: 1376 and 1393, respectively in the publication; see attached Appendix for direct sequence comparisons). The utilization of a 5'-UTR element which comprises a nucleic acid sequence derived from the 5'-UTR of a TOP gene lacking the 5'TOP motif, including SEQ ID NO. 32 is also provided (SEQ ID NO.: 1368 in the publication). Gene codon optimization and the utilization of cationic lipids are also disclosed. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to express the MARV GP antigens of Weiner and Shedlock (2017) utilizing the mRNA expression system of Von Der Mülbe et al. (2020). One of ordinary skill in the art would have been motivated to utilize mRNA expression systems because they are significantly safer as compared to DNA systems (e.g., incapable of stable integration into the host genome; do not require viral promoters; and a short circulating half-life reduces unwanted autoimmune responses). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the nucleotide sequence encoding the MARV GP of SEQ ID NO.: 3, as provided by Weiner and Shedlock (2017), to increase the G/C content to arrive at SEQ ID NOS.: 39 and 73 (claims 36 and 37). One of ordinary skill in the art would have been motivated to modify the nucleotide sequences because Von Der Mülbe et al. (2020) teach that increasing the G/C content increases the translational efficiency thereby leading to higher expression levels. Moreover, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the mRNA sequences of Von Der Mülbe et al. (2020), to incorporate the stabilizing mRNA modifications of Thess (2013). In particular, the utilization of a 5'-CAP structure, a poly (A) sequence, a poly (C) sequence (claim 14). It was noted that the poly (A) sequence can comprise about 25 to about 400 adenosine nucleotides. Additional modifications include the utilization of a histone stem-loop and at least one 3'-UTR element (claims 9 and 11). The 3'-UTR element may be derived from a 3'-UTR of a gene selected from the group consisting of an albumin gene, an a-globin gene, a P-globin gene, a tyrosine hydroxylase gene, a lipoxygenase gene, and a collagen alpha gene (claim 12). Preferred embodiments include 3’-UTR elements comprising SEQ ID NOS.: 33 and 34 (claim 13). The utilization of a 5'-UTR element which comprises a nucleic acid sequence derived from the 5'-UTR of a TOP gene lacking the 5'TOP motif, including SEQ ID NO. 32 is also provided (claims 15 and 17). One of ordinary skill in the art would have been motivated to make the appropriate modifications to produce a more stable mRNA with increased translational efficiency. Claims 20 and 21 are rejected under 35 U.S.C. § 103 as being unpatentable over Von Der Mülbe et al. (U.S. Patent No. 10,568,972 B2, issued 25 February 2020, and claiming priority to U.S. Application No. 10/729,830, filed 05 December, 2003; hereinafter referred to as “Von Der Mülbe et al. (2020)”), in view of Weiner and Shedlock (U.S. Patent No. 9,597,388 B2, issued 21 March, 2017, and claiming priority to Prov. Appl. No. 61/623,428, filed 12 April, 2012; hereinafter referred to as “Weiner and Shedlock (2017)”), and Thess (WO 2013/143699 A1, published 03 October, 2013; hereinafter referred to as “Thess (2013)”), as applied supra to claim 1, and further in view of Wang et al. (2013). The claims further require the inclusion of cationic compound or polymeric carrier (claim 20) or cationic protein or peptide (claim 21). Wang et al. (2013) teaches that the inclusion of mRNAs in a cationic liposome-protamine formulation increases stability, uptake, and transgene expression levels. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the MARV GP-encoding mRNAs into a cationic liposome-protamine formulation. One of ordinary skill in the art would have been motivated to make such a modification in increase gene expression from the mRNA. 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 06 January, 2026 Appendix A RESULT 1 (SEQ 3) US-14-391-952-3 (NOTE: this sequence has 17 duplicates in the database searched. See complete list at the end of this report) Sequence 3, US/14391952 Patent No. 9597388 GENERAL INFORMATION APPLICANT: The Trustees of the University of Pennsylvania APPLICANT: Weiner, David B. APPLICANT: Shedlock, Devon J. TITLE OF INVENTION: FILOVIRUS CONSENSUS ANTIGENS, NUCLEIC ACID CONSTRUCTS AND TITLE OF INVENTION: VACCINES MADE THEREFROM, AND METHODS OF USING THE SAME FILE REFERENCE: 206108-0002-00-US.603504 CURRENT APPLICATION NUMBER: US/14/391,952 CURRENT FILING DATE: 2014-10-10 PRIOR APPLICATION NUMBER: US 61/623,428 PRIOR FILING DATE: 2012-04-12 PRIOR APPLICATION NUMBER: PCT/US2013/036413 PRIOR FILING DATE: 2013-04-12 NUMBER OF SEQ ID NOS: 66 SEQ ID NO 3 LENGTH: 681 TYPE: PRT ORGANISM: Marburg virus Query Match 100.0%; Score 3611; Length 681; Best Local Similarity 100.0%; Matches 681; Conservative 0; Mismatches 0; Indels 0; Gaps 0; Qy 1 MKTTCLLISLILIQGVKTLPILEIASNIQPQNVDSVCSGTLQKTEDVHLMGFTLSGQKVA 60 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 1 MKTTCLLISLILIQGVKTLPILEIASNIQPQNVDSVCSGTLQKTEDVHLMGFTLSGQKVA 60 Qy 61 DSPLEASKRWAFRAGVPPKNVEYTEGEEAKTCYNISVTDPSGKSLLLDPPTNIRDYPKCK 120 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 61 DSPLEASKRWAFRAGVPPKNVEYTEGEEAKTCYNISVTDPSGKSLLLDPPTNIRDYPKCK 120 Qy 121 TIHHIQGQNPHAQGIALHLWGAFFLYDRIASTTMYRGKVFTEGNIAAMIVNKTVHKMIFS 180 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 121 TIHHIQGQNPHAQGIALHLWGAFFLYDRIASTTMYRGKVFTEGNIAAMIVNKTVHKMIFS 180 Qy 181 RQGQGYRHMNLTSTNKYWTSSNGTQTNDTGCFGTLQEYNSTKNQTCAPSKKPLPLPTAHP 240 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 181 RQGQGYRHMNLTSTNKYWTSSNGTQTNDTGCFGTLQEYNSTKNQTCAPSKKPLPLPTAHP 240 Qy 241 EVKLTSTSTDATKLNTTDPNSDDEDLTTSGSGSGEQEPYTTSDAATKQGLSSTMPPTPSP 300 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 241 EVKLTSTSTDATKLNTTDPNSDDEDLTTSGSGSGEQEPYTTSDAATKQGLSSTMPPTPSP 300 Qy 301 QPSTPQQGGNNTNHSQGVVTEPGKTNTTAQPSMPPHNTTTISTNNTSKHNLSTPSVPIQN 360 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 301 QPSTPQQGGNNTNHSQGVVTEPGKTNTTAQPSMPPHNTTTISTNNTSKHNLSTPSVPIQN 360 Qy 361 ATNYNTQSTAPENEQTSAPSKTTLLPTENPTTAKSTNSTKSPTTTVPNTTNKYSTSPSPT 420 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 361 ATNYNTQSTAPENEQTSAPSKTTLLPTENPTTAKSTNSTKSPTTTVPNTTNKYSTSPSPT 420 Qy 421 PNSTAQHLVYFRRKRNILWREGDMFPFLDGLINAPIDFDPVPNTKTIFDESSSSGASAEE 480 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 421 PNSTAQHLVYFRRKRNILWREGDMFPFLDGLINAPIDFDPVPNTKTIFDESSSSGASAEE 480 Qy 481 DQHASPNISLTLSYFPKVNENTAHSGENENDCDAELRIWSVQEDDLAAGLSWIPFFGPGI 540 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 481 DQHASPNISLTLSYFPKVNENTAHSGENENDCDAELRIWSVQEDDLAAGLSWIPFFGPGI 540 Qy 541 EGLYTAGLIKNQNNLVCRLRRLANQTAKSLELLLRVTTEERTFSLINRHAIDFLLARWGG 600 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 541 EGLYTAGLIKNQNNLVCRLRRLANQTAKSLELLLRVTTEERTFSLINRHAIDFLLARWGG 600 Qy 601 TCKVLGPDCCIGIEDLSRNISEQIDQIKKDEQKEGTGWGLGGKWWTSDWGVLTNLGILLL 660 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 601 TCKVLGPDCCIGIEDLSRNISEQIDQIKKDEQKEGTGWGLGGKWWTSDWGVLTNLGILLL 660 Qy 661 LSIAVLIALSCICRIFTKYIG 681 ||||||||||||||||||||| Db 661 LSIAVLIALSCICRIFTKYIG 681 RESULT 1 (SEQ 32) BAV13678 (NOTE: this sequence has 82 duplicates in the database searched. See complete list at the end of this report) ID BAV13678 standard; DNA; 42 BP. AC BAV13678; DT 21-NOV-2013 (first entry) DE Human 5' oligopyrimidine tract lacking RPL32 5' UTR DNA, SEQ ID 1368. KW 5'-utr; RPL32 gene; antimicrobial-gen.; autoimmune disease; cancer; KW cytostatic; ds; gene therapy; genetic disorder; genetic-disease-gen.; KW immunosuppressive; infectious disease; prophylactic to disease; KW protein production; ribosomal protein large 32; therapeutic. OS Homo sapiens. CC PN WO2013143700-A2. CC PD 03-OCT-2013. CC PF 27-MAR-2013; 2013WO-EP000938. PR 27-MAR-2012; 2012WO-EP001334. PR 08-JUN-2012; 2012WO-EP002448. CC PA (CURE-) CUREVAC GMBH. CC PI Thess A; DR WPI; 2013-Q00735/68. CC PT New artificial nucleic acid molecule comprising 5'-untranslated region CC PT element comprising nucleic acid sequence derived from 5'-untranslated CC PT region of 5'terminal oligopyrimidine tract gene; and open reading frame CC PT for treating e.g. cancer. CC PS Claim 20; SEQ ID NO 1368; 316pp; English. CC The present invention relates to a novel artificial nucleic acid CC molecule, useful for treating genetic diseases, autoimmune diseases, CC cancer or tumor-related diseases and infectious diseases. The artificial CC nucleic acid molecule comprises: at least one 5'-untranslated region CC element (5' UTR element) which comprises a nucleic acid sequence derived CC from the 5' UTR of a TOP gene or it variant; and at least one open CC reading frame (ORF). The invention also provides: a vector comprising the CC artificial nucleic acid molecule; a cell comprising the artificial CC nucleic acid molecule or the vector; a pharmaceutical composition CC comprising the artificial nucleic acid molecule, the vector or the cell; CC a method for treating or preventing a disorder by administering the CC artificial nucleic acid molecule, the vector, the cell or the CC pharmaceutical composition to a subject; a method for increasing protein CC production from the artificial nucleic acid molecule; and a kit or kit of CC parts comprising the artificial nucleic acid molecule, the vector, the CC cell and/or the pharmaceutical composition. The present sequence CC represents a specifically claimed human ribosomal protein large 32 CC (RPL32) 5' untranslated region (5' UTR) lacking 5' terminal CC oligopyrimidine tract, which can be used in constructing the artificial CC nucleic acid molecule involved in treating and preventing the above CC mentioned diseases. SQ Sequence 42 BP; 5 A; 15 C; 13 G; 9 T; 0 U; 0 Other; Query Match 100.0%; Score 42; Length 42; Best Local Similarity 100.0%; Matches 42; Conservative 0; Mismatches 0; Indels 0; Gaps 0; Qy 1 GGCGCTGCCTACGGAGGTGGCAGCCATCTCCTTCTCGGCATC 42 |||||||||||||||||||||||||||||||||||||||||| Db 1 GGCGCTGCCTACGGAGGTGGCAGCCATCTCCTTCTCGGCATC 42 RESULT 1 (SEQ 33) BAV13686 (NOTE: this sequence has 43 duplicates in the database searched. See complete list at the end of this report) ID BAV13686 standard; DNA; 186 BP. AC BAV13686; DT 21-NOV-2013 (first entry) DE Human albumin gene 3' untranslated region (albumin7), SEQ ID 1376. KW 3'-utr; ALB gene; Albumin; antimicrobial-gen.; autoimmune disease; KW cancer; cytostatic; ds; gene therapy; genetic disorder; KW genetic-disease-gen.; immunosuppressive; infectious disease; KW prophylactic to disease; protein production; therapeutic. OS Homo sapiens. CC PN WO2013143700-A2. CC PD 03-OCT-2013. CC PF 27-MAR-2013; 2013WO-EP000938. PR 27-MAR-2012; 2012WO-EP001334. PR 08-JUN-2012; 2012WO-EP002448. CC PA (CURE-) CUREVAC GMBH. CC PI Thess A; DR WPI; 2013-Q00735/68. CC PT New artificial nucleic acid molecule comprising 5'-untranslated region CC PT element comprising nucleic acid sequence derived from 5'-untranslated CC PT region of 5'terminal oligopyrimidine tract gene; and open reading frame CC PT for treating e.g. cancer. CC PS Claim 23; SEQ ID NO 1376; 316pp; English. CC The present invention relates to a novel artificial nucleic acid CC molecule, useful for treating genetic diseases, autoimmune diseases, CC cancer or tumor-related diseases and infectious diseases. The artificial CC nucleic acid molecule comprises: at least one 5'-untranslated region CC element (5' UTR element) which comprises a nucleic acid sequence derived CC from the 5' UTR of a TOP gene or it variant; and at least one open CC reading frame (ORF). The invention also provides: a vector comprising the CC artificial nucleic acid molecule; a cell comprising the artificial CC nucleic acid molecule or the vector; a pharmaceutical composition CC comprising the artificial nucleic acid molecule, the vector or the cell; CC a method for treating or preventing a disorder by administering the CC artificial nucleic acid molecule, the vector, the cell or the CC pharmaceutical composition to a subject; a method for increasing protein CC production from the artificial nucleic acid molecule; and a kit or kit of CC parts comprising the artificial nucleic acid molecule, the vector, the CC cell and/or the pharmaceutical composition. The present sequence CC represents a specifically claimed human albumin 3' untranslated region CC (3' UTR) DNA, which can be used in constructing the artificial nucleic CC acid molecule involved in treating and preventing the above mentioned CC diseases. SQ Sequence 186 BP; 66 A; 36 C; 22 G; 62 T; 0 U; 0 Other; Query Match 100.0%; Score 186; Length 186; Best Local Similarity 100.0%; Matches 186; Conservative 0; Mismatches 0; Indels 0; Gaps 0; Qy 1 CATCACATTTAAAAGCATCTCAGCCTACCATGAGAATAAGAGAAAGAAAATGAAGATCAA 60 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 1 CATCACATTTAAAAGCATCTCAGCCTACCATGAGAATAAGAGAAAGAAAATGAAGATCAA 60 Qy 61 TAGCTTATTCATCTCTTTTTCTTTTTCGTTGGTGTAAAGCCAACACCCTGTCTAAAAAAC 120 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 61 TAGCTTATTCATCTCTTTTTCTTTTTCGTTGGTGTAAAGCCAACACCCTGTCTAAAAAAC 120 Qy 121 ATAAATTTCTTTAATCATTTTGCCTCTTTTCTCTGTGCTTCAATTAATAAAAAATGGAAA 180 |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||| Db 121 ATAAATTTCTTTAATCATTTTGCCTCTTTTCTCTGTGCTTCAATTAATAAAAAATGGAAA 180 Qy 181 GAACCT 186 |||||| Db 181 GAACCT 186 RESULT 2 (SEQ 34) BAV13703 (NOTE: this sequence has 88 duplicates in the database searched. See complete list at the end of this report) ID BAV13703 standard; DNA; 44 BP. AC BAV13703; DT 21-NOV-2013 (first entry) DE Human alpha-globin 3' UTR alpha-complex binding fragment DNA, SEQ 1393. KW 3'-utr; HBA1 gene; Hemoglobin alpha subunit; alpha-globin; KW antimicrobial-gen.; autoimmune disease; cancer; cytostatic; ds; KW gene therapy; genetic disorder; genetic-disease-gen.; immunosuppressive; KW infectious disease; prophylactic to disease; protein production; KW therapeutic. OS Homo sapiens. CC PN WO2013143700-A2. CC PD 03-OCT-2013. CC PF 27-MAR-2013; 2013WO-EP000938. PR 27-MAR-2012; 2012WO-EP001334. PR 08-JUN-2012; 2012WO-EP002448. CC PA (CURE-) CUREVAC GMBH. CC PI Thess A; DR WPI; 2013-Q00735/68. CC PT New artificial nucleic acid molecule comprising 5'-untranslated region CC PT element comprising nucleic acid sequence derived from 5'-untranslated CC PT region of 5'terminal oligopyrimidine tract gene; and open reading frame CC PT for treating e.g. cancer. CC PS Claim 23; SEQ ID NO 1393; 316pp; English. CC The present invention relates to a novel artificial nucleic acid CC molecule, useful for treating genetic diseases, autoimmune diseases, CC cancer or tumor-related diseases and infectious diseases. The artificial CC nucleic acid molecule comprises: at least one 5'-untranslated region CC element (5' UTR element) which comprises a nucleic acid sequence derived CC from the 5' UTR of a TOP gene or it variant; and at least one open CC reading frame (ORF). The invention also provides: a vector comprising the CC artificial nucleic acid molecule; a cell comprising the artificial CC nucleic acid molecule or the vector; a pharmaceutical composition CC comprising the artificial nucleic acid molecule, the vector or the cell; CC a method for treating or preventing a disorder by administering the CC artificial nucleic acid molecule, the vector, the cell or the CC pharmaceutical composition to a subject; a method for increasing protein CC production from the artificial nucleic acid molecule; and a kit or kit of CC parts comprising the artificial nucleic acid molecule, the vector, the CC cell and/or the pharmaceutical composition. The present sequence CC represents a specifically claimed human alpha-globin 3' untranslated CC region (3' UTR) alpha-complex binding region DNA fragment, which can be CC used in constructing the artificial nucleic acid molecule involved in CC treating and preventing the above mentioned diseases. SQ Sequence 44 BP; 4 A; 23 C; 10 G; 7 T; 0 U; 0 Other; Query Match 100.0%; Score 44; Length 44; Best Local Similarity 100.0%; Matches 44; Conservative 0; Mismatches 0; Indels 0; Gaps 0; Qy 1 GCCCGATGGGCCTCCCAACGGGCCCTCCTCCCCTCCTTGCACCG 44 |||||||||||||||||||||||||||||||||||||||||||| Db 1 GCCCGATGGGCCTCCCAACGGGCCCTCCTCCCCTCCTTGCACCG 44
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Prosecution Timeline

Jan 30, 2024
Application Filed
Jan 06, 2026
Non-Final Rejection — §101, §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
64%
Grant Probability
85%
With Interview (+21.2%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 852 resolved cases by this examiner. Grant probability derived from career allow rate.

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