Prosecution Insights
Last updated: July 17, 2026
Application No. 18/619,519

INFLAMMATORY CYTOKINE PRODUCTION INHIBITOR

Final Rejection §102
Filed
Mar 28, 2024
Priority
Jul 17, 2018 — JP 2018-133954 +2 more
Examiner
CHEN, CATHERYNE
Art Unit
1655
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Saisei Pharma Co. Ltd.
OA Round
2 (Final)
38%
Grant Probability
At Risk
3-4
OA Rounds
1y 11m
Est. Remaining
56%
With Interview

Examiner Intelligence

Grants only 38% of cases
38%
Career Allowance Rate
292 granted / 778 resolved
-22.5% vs TC avg
Strong +18% interview lift
Without
With
+18.4%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
51 currently pending
Career history
831
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
70.6%
+30.6% vs TC avg
§102
12.8%
-27.2% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 778 resolved cases

Office Action

§102
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 Claims 6-11 are pending and examined on the merits. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Any rejection not reiterated below are hereby withdrawn. Information Disclosure Statement The information disclosure statement (IDS) submitted on 5/23/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 Claim(s) 6-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Navarrete et al. (from IDS) as evidenced by Lenntech (2023, https://www.lenntech.com/services/mwco.htm). This is not a new rejection. Navarrete et al. teaches a method of using tomato extract presented inhibitory activity on the expression of TNF-alpha and IL-1beta cytokine, which prevent chronic inflammatory diseases (Abstract). The aqueous extract of tomato is prepared by filtering in 0.22 microns (page 15325, 4.2 Aqueous Extract of Tomato and Ferulic Acid). 0.22 micron would exclude molecular weights smaller than 10,000 (see Pore Size). A tomato extract is a food that is eaten orally. Response to Arguments Applicant argues that whole raw tomato extract with 10,000 or higher molecular weight is not taught. In response to Applicant’s argument, Navarrete et al. teaches a method of using tomato extract presented inhibitory activity on the expression of TNF-alpha and IL-1beta cytokine, which prevent chronic inflammatory diseases (Abstract). The aqueous extract of tomato is prepared by filtering in 0.22 microns (page 15325, 4.2 Aqueous Extract of Tomato and Ferulic Acid). 0.22 micron would exclude molecular weights smaller than 10,000 (see Pore Size). The tomato would be a raw whole tomato because no specific form of tomato is indicated; therefore, the whole raw tomato would be used. The 10,000 or higher molecular weight would be inherent because filtration at 0.22 micron is to exclude bacteria or viruses. The extract would inherently contain all the ingredients found in a raw whole tomato, including the 10,000 or higher molecular weight. The same method is anticipated because the aqueous tomato extract inhibited expression of TNF-alpha and IL-1beta cytokine, which prevent chronic inflammatory diseases (Abstract). Conclusion 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 nonprovisional extension fee (37 CFR 1.17(a)) 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERYNE CHEN whose telephone number is (571)272-9947. The examiner can normally be reached Monday-Friday 9-5:30 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, Anand U Desai can be reached at 571-272-0947. 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. Catheryne Chen Examiner Art Unit 1655 /ANAND U DESAI/Supervisory Patent Examiner, Art Unit 1655
Read full office action

Prosecution Timeline

Mar 28, 2024
Application Filed
Oct 10, 2025
Non-Final Rejection (signed) — §102
Dec 16, 2025
Non-Final Rejection mailed — §102
Mar 16, 2026
Response Filed
Jun 02, 2026
Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12616707
COMPOSITIONS AND METHODS FOR IMPROVING GUT HEALTH
2y 11m to grant Granted May 05, 2026
Patent 12589184
CLINICAL DRESSING LOADED WITH COFFEE EXTRACT
9m to grant Granted Mar 31, 2026
Patent 12569424
STABLE VITAMIN C COMPOSITIONS
2y 6m to grant Granted Mar 10, 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
38%
Grant Probability
56%
With Interview (+18.4%)
4y 3m (~1y 11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 778 resolved cases by this examiner. Grant probability derived from career allowance rate.

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