Prosecution Insights
Last updated: April 19, 2026
Application No. 18/573,410

Method for Concentrating Virus Sample

Non-Final OA §102§103
Filed
Dec 21, 2023
Examiner
GRIZER, CASSANDRA SENN
Art Unit
1672
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Kyoto University
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
0%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
1 granted / 1 resolved
+40.0% vs TC avg
Minimal -100% lift
Without
With
+-100.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
26 currently pending
Career history
27
Total Applications
across all art units

Statute-Specific Performance

§101
4.4%
-35.6% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
33.0%
-7.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1 resolved cases

Office Action

§102 §103
DETAILED 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. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 21 December 2023. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Specification The Specification is objected to because the drawings are indicated by “Fig.” rather than “FIG.” as required by 37 C.F.R. § 1.84 (u)(1) (see also MPEP §608.02 (V)). Drawings The drawings are objected to because the drawings are indicated by “Fig.” rather than “FIG.” as required by 37 C.F.R § 1.84 (u)(1) (see also MPEP § 608.02 (V)). The different views must be numbered in consecutive Arabic numerals, starting with 1, independent of the numbering of the sheets and, if possible, in the order in which they appear on the drawing sheet(s). Partial views intended to form one complete view, on one or several sheets, must be identified by the same number followed by a capital letter. View numbers must be preceded by the abbreviation “FIG.” Where only a single view is used in an application to illustrate the claimed invention, it must not be numbered and the abbreviation “FIG.” must not appear. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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. Claims 1-2 and 5-6 are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Shinichi (WO 2006/011580 A1, translation uploaded by Examiner) . Regarding claims 1-2 and 5-6, Shinichi discloses a method for purifying a n enveloped virus from a liquid sample using hydrophobic chromatography (claim 1 ) , the hydrophobic chromatography uses resin as the solid phase (claim 7) . Shinichi further discloses that the elution buffer is a polyhydric or lower alcohol (claim 28). Accordingly, the claimed invention was anticipated by Shinichi. 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. The factual inquiries 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 . 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 as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention 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. Claims 3-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shinichi as applied to claim s 1-2 and 5-6 above, and further in view of Xu , et al. ( CN 103323550 A , FOR -IDS, filed, 0 5 / 20 /202 4 , hereinafter “ Xu ”) . As discussed above, claims 1-2 and 5-6 were anticipated by Shinichi. Regarding claims 3-4 and 7-8, Shinichi does not teach that part of the organic solvent in the eluate is evaporated by blowing nitrogen onto the eluate . However, Xu teaches chromatography to concentrate five common drugs from water samples, after the water samples are run though the chromatography column and eluted from the column using an ammonia methanol solution, the eluate was slowly blown under nitrogen until it was nearly dry ( ¶0039 ). It would have been prima facie obvious before the effective filing date of the invention to one of ordinary skill in the art to have combined the teachings of Shinichi for a method of concentrating an enveloped virus sample and the teachings of Xu for concentrating eluate from chromatography by blowing nitrogen onto the eluate . Xu provides motivation by teaching that blowing nitrogen over the eluate concentrates the sample to a desired volume or allows the replacement of the elution solvent with desired liquid ( ¶0038-0039 ). One of ordinary skill would have had a reasonable expectation of success in combining Shinichi and Xu because they both teach concentrating samples using chromatography . Accordingly, the claimed invention w as prima facie obvious to one of ordinary skill in the art before the effective filing date, especially in the absence of evidence to the contrary. Conclusion NO CLAIMS ARE ALLOWED Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Cassandra Senn Grizer whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2292 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-Th 0630 - 1700 ET . 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, FILLIN "SPE Name?" \* MERGEFORMAT Thomas J. Visone can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-0684 . 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. /CASSANDRA SENN GRIZER/ Examiner, Art Unit 1672 /THOMAS J. VISONE/ Supervisory Patent Examiner, Art Unit 1672
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Prosecution Timeline

Dec 21, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
0%
With Interview (-100.0%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1 resolved cases by this examiner. Grant probability derived from career allow rate.

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