Prosecution Insights
Last updated: August 16, 2026
Application No. 18/785,078

PROCESS FOR THE MANUFACTURE OF A HER2 INHIBITOR

Non-Final OA §112
Filed
Jul 26, 2024
Priority
Jul 28, 2023 — EU 23188330.7
Examiner
OTTON, ALICIA L
Art Unit
Tech Center
Assignee
Boehringer Ingelheim International GmbH
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
74%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
827 granted / 1272 resolved
+5.0% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
60 currently pending
Career history
1311
Total Applications
across all art units

Statute-Specific Performance

§101
2.1%
-37.9% vs TC avg
§103
25.9%
-14.1% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
30.6%
-9.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1272 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 The instant application claims priority under 35 USC 119(a)-(d) from EP 23188330.7, filed July 28, 2023. Information Disclosure Statement The information disclosure statements (IDS) submitted on July 26, 2024 and April 22, 2026 were in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the IDS documents have been considered and signed copies of the 1449 forms are attached. Status of the Claims The listing of claims filed July 26, 2024 has been examined. Claims 1–22 are pending. 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. Claims 10 and 19 are rejected under 35 U.S.C. § 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 10 recites the limitation “compound (2a) is obtained by…” There is insufficient antecedent basis for this limitation in the claim, since claim 1 from which it depends does not reference any compound (2a). Claim 19 recites the limitation "from compound (3) or from compound (2b)." There is insufficient antecedent basis for this limitation in the claim. Claim 1, from which the claim depends, does not mention any compound (3) or (2b). Appropriate correction of each instance is required. Conclusion Claims 1-9, 11-18 and 20-22 are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia L. Otton whose telephone number is (571)270-7683. The examiner can normally be reached on Monday - Thursday, 8:00-6:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Fereydoun Sajjadi can be reached on 571-272-3311. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALICIA L OTTON/Primary Examiner, Art Unit 1699
Read full office action

Prosecution Timeline

Jul 26, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12703689
FURAN BASED COMPOSITIONS AND METHODS OF MAKING THEREOF
6y 6m to grant Granted Aug 11, 2026
Patent 12703709
CEPHALOSPORIN ANTIBACTERIAL COMPOUND AND PREPARATION METHOD THEREFOR
3y 1m to grant Granted Aug 11, 2026
Patent 12698266
TRPML MODULATORS
4y 1m to grant Granted Aug 04, 2026
Patent 12698255
COMPOSITIONS AND METHODS OF MAKING EXPANDED HEMATOPOIETIC STEM CELLS USING DERIVATIVES OF FLUORENE
3y 11m to grant Granted Aug 04, 2026
Patent 12678422
SULCARDINE SALTS
4y 0m to grant Granted Jul 14, 2026
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
65%
Grant Probability
74%
With Interview (+9.2%)
2y 7m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1272 resolved cases by this examiner. Grant probability derived from career allowance rate.

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