Prosecution Insights
Last updated: October 04, 2026
Application No. 18/507,906

OPHTHALMIC COMPOSITIONS OF RIFAMYCINS AND USES THEREOF

Non-Final OA §103
Filed
Nov 13, 2023
Priority
Jul 21, 2014 — provisional 62/027,189 +5 more
Examiner
HUI, SAN MING R
Art Unit
1627
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
AMD Therapeutics LLC
OA Round
3 (Non-Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
784 granted / 1317 resolved
-0.5% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
44 currently pending
Career history
1352
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
47.1%
+7.1% vs TC avg
§102
7.5%
-32.5% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1317 resolved cases

Office Action

§103
E2EDETAILED 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 . Applicant’s response filed 7/10/2026 have been entered. Claims 28-37, 40-47 are pending. Claims 28-34, 44-47 are withdrawn from further consideration as they are directed to the non-elected subject matter. The election was made without traverse in the reply filed 8/18/2025. Applicant’s arguments with regard to the ‘931 teachings have been considered, and are found persuasive that ‘931 fails to teach the herein claimed composition as an eye drop. The outstanding rejection under 35 USC 103a is modified in view of the arguments filed 7/10/2026. 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(s) 35-37, 40, 42-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over US2005/0009931 (‘931). ‘931 teaches a composition for treating infection and inflammation which comprises rifampicin as one of the anti-bacterial agent (see [0132]), buffering agents ([0195]), a carrier such as propylene glycol (see claim 49 for example). ‘931 teaches the composition can be formulated as suspension (see various examples in the reference). ‘931 teaches non-aqueous carrier as oils such as sesame oil (see [0193]). ‘931 does not expressly teach the composition can be used in treating the herein claimed conditions. It would have been obvious one of ordinary skill in the art at the time of filing to formulate an eye drop rifampicin composition containing the herein claimed excipients. One of ordinary skill in the art would have been motivated to formulate an eye drop rifampicin composition containing the herein claimed excipients since all of the excipients are known to be suitable to be the carrier for the rifampicin composition. Selecting well-known excipients for formulating the known dosage forms of rifampicin would be reasonably expected to be successful. Furthermore, the intended use of treating the herein claimed conditions does not lend patentable weight to the claims directed to composition. In addition, the suspension taught in ‘931 can be used as eye drops since they are both liquid, The claims are directed to a composition. Therefore, as long as the cited prior art’s composition is capable to be used in the same manner as recited, it meets the claimed limitations. Allowable Subject Matter Claim 41 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant’s arguments with respect to claim(s) 35-37, 40, 42-43 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN MING R HUI whose telephone number is (571)272-0626. The examiner can normally be reached Mon - Fri 9:30-5:30. 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, Kortney Klinkel can be reached at 571-270-5239. 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. /SAN MING R HUI/Primary Examiner, Art Unit 1627
Read full office action

Prosecution Timeline

Show 1 earlier event
Sep 10, 2025
Non-Final Rejection mailed — §103
Jan 08, 2026
Response Filed
Jan 08, 2026
Response after Non-Final Action
May 11, 2026
Final Rejection mailed — §103
Jun 29, 2026
Applicant Interview (Telephonic)
Jun 29, 2026
Examiner Interview Summary
Jul 10, 2026
Response after Non-Final Action
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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HETEROCYCLIC SPIRO COMPOUNDS AND METHODS OF USE
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2y 11m to grant Granted Aug 25, 2026
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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
60%
Grant Probability
80%
With Interview (+20.1%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1317 resolved cases by this examiner. Grant probability derived from career allowance rate.

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