Prosecution Insights
Last updated: April 19, 2026
Application No. 18/573,723

CEREBLON BINDING COMPOUNDS, COMPOSITIONS THEREOF, AND METHODS OF TREATMENT THEREWITH

Non-Final OA §112
Filed
Dec 22, 2023
Examiner
VALLE, ERNESTO
Art Unit
1623
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Celgene Corporation
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
97%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
10 granted / 17 resolved
-1.2% vs TC avg
Strong +38% interview lift
Without
With
+37.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
44 currently pending
Career history
61
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 17 resolved cases

Office Action

§112
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 This application is a national stage application under 35 U.S.C. § 371 of International Application No. PCT/US2022/034921 , filed 06/24/2022 , which claims the priority benefit of PRO Application No. 63/215,243 , filed 06/25/2021 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 05/17/2024 , and 08/12/2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Status of the Application Claim s 1-5, 8-11, 16, 24-32, and 34 are pending and currently under examination . Claim s 6-7, 12-15, 17-23, 33, and 35-38 have been cancelled by applicant without prejudice or disclaimer . Specification The lengthy specification (166 pages) has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objections Claim 29 is objected to because of the following informalities: the word “give” appears before the compound of 2-((2R,6S)-4-(3-((trans-4-(3-(3-chloro-4-cyanophenyl)-5,5-dimethyl-4-oxo-2-thioxoimidazolidin-I-yl)cyclohexyl)oxy)propyl)-2,6-dimethylpiperazin-I-yl)-N-( 4-(2,6-dioxopiperidin-3-yl)phenyl)acetamide , on page 9 of instant claim 29 and appears to be a typo . Appropriate correction is required. Claim Rejections - 35 USC § 112 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim 29 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term s “ " Enantiomer 1 of " and “ Enantiomer 2 of ” on page 8, last two named compounds in claim 29 and is a relative term which renders the claim indefinite. The term s “ Enantiomer 1 of " and “ Enantiomer 2 of ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. T he limitation of " Enantiomer 1 of " and “ Enantiomer 2 of ” , both of which are cited as 2-((2S,6R)-4-(2-((trans-4-(3-( 4-cyano-3-(trifluoromethyl)phenyl)-5,5- dimethyl-4-oxo-2-thioxoimidazolidin-l-yl)cyclohexyl)oxy)ethyl)- 2,6-dimethylpiperazin-l-yl)N-( 4-(3-methyl-2,6-dioxopiperidin-3-yl)phenyl)acetamide in the instant claims and specification are further defined by the applicant with an identical structural rendering . A person of ordinary skill would not be able to determine which enantiomers of applicants compound s 9 and 10 cited in the specification and instant claims is meant by the applicant. There is insufficient antecedent basis for this limitation in the claim. Compounds 9 and 10 as listed in specification (Above) This rejection may be overcome by amending the claim language to clearly identify the specific enantiomers 1 and 2 of compound 2-((2S,6R)-4-(2-((trans-4-(3-( 4-cyano-3-(trifluoromethyl) phenyl)-5,5- dimethyl-4-oxo-2-thioxoimidazolidin-l-yl)cyclohexyl)oxy)ethyl)-2,6-dimethylpiperazin-l-yl)N-( 4-(3-methyl-2,6-dioxopiperidin-3-yl)phenyl)acetamide are meant by applicant . Allowable Subject Matter The following is a statement of reasons for the indication of allowable subject matter: Instant claims 1-5, 8-11, 16, 24-28, 30 -32 and 34 make a contribution over the closest prior art found of Ammirante (US 2020/0199073 A 1 ) , who discloses the compound of example 1 as 2-(4-(2-(4-(3-(6-Cyano-5-(trifluoromethyl) pyridin-3-yl)-5,5-dimethyl-4-oxo-2-thioxoimidazolidin-1-yl) phenoxy)ethyl) piperazin-1-yl)-N-(3-((2,6-dioxopiperidin-3-y l )amino)phenyl)acetamide f ormate . Applicant’s formula I (Above) Ammirante ’s compound of example 1 (Below) However, Ammirante fails to fairly teach or suggest, a compound which satisfies the structural limitation of formula 1 of the instant claims based on the current record . Specifically, Ammirante differs from applicants formula I of the instant claims where Y is CR N is attached to the hetero ring , whereas Ammirante teaches attachment to a NH group. Conclusion Claims 1-5, 8-11, 16, 24-28, 30 -32 and 34 are allowable, claim 29 is rejected. Co rrespondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ERNESTO VALLE JR whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-5356 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 0730-1700 M-F EST, 1st Friday off . 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 Adam C Milligan can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-7674 . 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. /E.V./ Examiner, Art Unit 1623 /SAMANTHA L SHTERENGARTS/ Primary Examiner, Art Unit 1623
Read full office action

Prosecution Timeline

Dec 22, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12589092
POLYCYCLIC COMPOUND ACTING AS KINASE INHIBITOR
2y 5m to grant Granted Mar 31, 2026
Patent 12582628
METHODS FOR TREATING BREAST CANCER
2y 5m to grant Granted Mar 24, 2026
Patent 12564569
CARBOPLATIN COMPLEX AND PHARMACEUTICAL PREPARATION THEREOF
2y 5m to grant Granted Mar 03, 2026
Patent 12558428
HETEROBIFUNCTIONAL COMPOUNDS AND THEIR USE IN TREATING DISEASE
2y 5m to grant Granted Feb 24, 2026
Patent 12552746
PROCESS AND INTERMEDIATES FOR THE PREPARATION OF UPADACITINIB
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
59%
Grant Probability
97%
With Interview (+37.9%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 17 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month