Prosecution Insights
Last updated: September 29, 2026
Application No. 18/839,059

NON-LINEAR PEGYLATED LIPID CONTAINING A TERTIARY AMINE AND APPLICATION THEREOF

Non-Final OA §102
Filed
Aug 16, 2024
Priority
Apr 12, 2022 — CN 202210380598.6 +2 more
Examiner
GULLEDGE, BRIAN M
Art Unit
1699
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Xiamen Sinopeg Biotech Co. Ltd.
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
533 granted / 957 resolved
-4.3% vs TC avg
Strong +26% interview lift
Without
With
+26.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
64 currently pending
Career history
988
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 957 resolved cases

Office Action

§102
DETAILED ACTION 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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Election/Restrictions Applicant's election with traverse of Group I (claims 27-28, 30-33, and 35-40) and the species lip formula (I) (E6-2) in the reply filed on 18 May 2026 is acknowledged. The traversal is on the ground(s) that the prior art does not disclose such lipids, and also because a search of Group II would necessarily encompass the subject matter of Group I, and thus there is no serious search burden. This is not found persuasive. The subject matter of Group I does not make a contribution over the prior art. See Japanese Patent Publication 2004 238763 (discussed below in more detail). And as for the search burden, this is not found persuasive as this is not a requirement for restriction in view of the unity of invention standard. The requirement is still deemed proper and is therefore made FINAL. Claim 32 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species (nonelected “T” in the formula), there being no allowable generic or linking claim. Claims 41-50 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. 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. Claims 27-28, 30-33, 33, 35-36, and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiroshi et al. (Japanese Patent Publication 2004 238763 – machine translation provided). Hiroshi et al. discloses compounds such as that below: PNG media_image1.png 398 508 media_image1.png Greyscale This compound is exemplified as compound C1-17 (table 6). Allowable Subject Matter Claims 37 and 39-40 are 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. The following is a statement of reasons for the indication of allowable subject matter. The closest prior art is the above cited Hiroshi et al. The compounds recited by instant claims 37 and 39-40 are not suggested therein, nor would modifications to the disclosed compounds have been suggested by the prior art to one of ordinary skill in the art. The Examiner contacted Joel Armstrong on 20 May 2026 to attempt to place the application in condition for allowance, but no resolution was reached. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Gulledge whose telephone number is (571) 270-5756. The examiner can normally be reached Monday - Friday 7am - 4pm. 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, Fereydoun Sajjadi can be reached at (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 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. /Brian Gulledge/Primary Examiner, Art Unit 1699
Read full office action

Prosecution Timeline

Aug 16, 2024
Application Filed
Jul 06, 2026
Non-Final Rejection mailed — §102 (current)

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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
56%
Grant Probability
82%
With Interview (+26.2%)
3y 4m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 957 resolved cases by this examiner. Grant probability derived from career allowance rate.

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