PCT/U82018I050511 11 .01.2019
`
`PATENT COOPERATION TREATY
`
`PCT
`
`INTERNATIONAL SEARCH REPORT
`
`(PCT Article 18 and Rules 43 and 44)
`
`Applicant’s or agent’s file reference
`44854-741601
`
`FOR FURTHER
`ACTION
`
`see Form PCT/lSA/220
`as well as, where applicable, item 5 below.
`
`International application No.
`PCT/USZO18/O50511
`
`Applicant
`1W|ST BIOSCIENCE CORPORATION
`
`lntemational filing date (day/month/year)
`11 September 2018
`
`(Earliest) Priority Date (day/monIh/year)
`11 September 2017
`
`This international search report has been prepared by this lntemational Searching Authority and is transmitted to the applicant
`according to Article 18. A copy is being transmitted to the lntemational Bureau.
`
`This intemational search report consists ofa total of
`\ 2
`sheets.
`E] It is also accompanied by a copy ofeach prior an document cited in this report.
`
`1. Basis of the report
`a. With regard to the language, the international search was carried out on the basis of:
`
`XI the international application in the language in which it was filed.
`which is the language of
`[:1 a translation ofthe international application into
`a translation furnished for the purposes of intemational search (Rules 12.3(a) and 23.1(b)).
`
`b. E] This international search report has been established taking into account the rectification of an obvious mistake
`authorized by or notified to this Authority under Rule 91 (Rule 43.6bis(a)).
`c. E With regard to any nucleotide and/or amino acid sequence disclosed in the international application, see Box No. l.
`
`D Certain claims were found unsearchable (see Box No.11).
`
`CI Unity ofinvention is lacking (see Box No. Ill).
`
`4. With regard to the title,
`IX]
`the text is approved as submitted by the applicant.
`'3 the text has been established by this Authority to read as follows:
`
`b. D none ofthe figures is to be published with the abstract.
`
`5. With regard to the abstract,
`
`g] the text is approved as submitted by the applicant.
`'1 the text has been established, according to Rule 38.2, by this Authority as it appears in Box No. IV, The applicant may,
`within one month from the date of mailing ofthis international search report, submit comments to this Authority.
`
`6. With regard to the drawings,
`
`a.
`
`the figure ofthe drawings to be published with the abstract is Figure No.
`
`3
`
`[Z] as suggested by the applicant.
`D as selected by this Authority, because the applicant failed to suggest a figure.
`E] as selected hy this Authority, because this figure bcttcr Clldi'aulcliLcs the invention.
`
`Form PCT/lSA/ZIO (first sheet) (January 20l5)
`
`

`

`fitmished together with the international application under PCT Rule l3ter. l(a) for the purposes ofintemational search
`only in the form ofan Annex C/ST.25 text file.
`-
`
`fiu‘nished subsequent to the intemational filing date for the purposes of international search only:
`
`in the form ofan Annex C/ST.25 text file (Rule 13ter. 1(a)).
`
`D on paper or in the form of an image file (Rule l3ter. l(b) and Administrative Instructions, Section 7 l 3).
`
`2. K In addition, in the case that more than one version or copy ofa sequence listing has been filed or furnished, the required
`i
`statements that the information in the subsequent or additional copies is identical to that forming part ofthc application as
`filed or does not go beyond the application as filed, as appropriate, were furnished.
`
`3. Additional comments:
`
`PCT/USZO18IO50511 11 .01.2019
`
`INTERNATIONAL SEARCH REPORT
`
`lntemational application No.
`PCT/U32018/050511
`
`Box No.1
`
`Nucleotide and/or amino acid sequence(s) (Continuation ofitem Le of the first sheet)
`
`1. With regard to any nucleotide and/or amino acid sequence disclosed in the international application, the international search was
`carried out on the basis ofa sequence listing; '
`
`a. El forming part ofthe international application as filed:
`D in the form ofan Annex C/ST,25 text file.
`I: on paper or in the form ofan image file.
`
`SEQ ID NOs: 2420-2436 were searched.
`
`Form PCT/lSA/ZIO (continuation offirst sheet (1)) (January 2015)
`
`

`

`PCT/US2018I050511 11.01.2019
`
`INTERNATIONAL SEARCH REPORT
`
`International application No,
`PCT/USZO18/050511
`
`A.
`
`CLASSIFICATION OF SUBJECT MATTER
`
`|PC(8) - CO7K 16/00; CO7K 16/28; C07K 16/46; C07K 19/00; C12N 15/13; C4OB 30/04 (2018.01)
`CPC ' A61K 38/00; A61 K 2039/505; CO7K 2317/24; CO7K 2317/565; CO7K 2317/567; CO7K 2319/00;
`C12N 15/1037; C40B 40/02; G01 N 2333/726 (2018.08)
`
`According to International Patent Classification (ll’C) or to both national classification and [PC
`B.
`FIELDS SEARCHED
`
`Minimum documentation searched (classification system followed by classification symbols)
`See Search History document
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`
`USPC - 435/7.1; 506/9; 506/14; 530/3873; 536/2353; SSS/23.5 (keyword delimited)
`
`Electronic data base consulted during the international search (name of data base and, where practicable, search terms used)
`See Search History document
`C. DOCUMENTS CONSIDERED TO BE RELEVANT
`
`
`
`with a long VH CDR3 targeting the Class A GPCR formyl-peptide receptor 1," mAbs, 01 January 25-28
`2015 (01.01.2015), Vol. 7, Iss. 1, P95. 152-166. entire document
`
`6,10,11,16,18,19.23,
`24, 34, 35
`
`US 2017/0253644 A1 (VIB VZW et al) 07 September 2017 (07.09.2017) entire document
`
`29-33, 36
`
`US 2017/0066844 A1 (DISTRIBUTED BIO, INC.) 09 March 2017 (09.03.2017) entire document
`
`6. 16. 18. 19. 34. 35
`
`US 2013/0164308 A1 (RINAT NEUROSCIENCE CORP. et al) 27 June 2013 (27.06.2013) entire 10, 11, 23, 24
`document
`
`WO 2016/173719 A1 (ABCHECK S.R.O. et al) 03 November 2016 (03.11.2016) entire
`document
`
`Jo at al. “Engineering therapeutic antibodies targeting G-protein-coupled receptors," Exp Mol
`Med, 05 February 2016 (05.02.2016), Vol. 48, e207, Pgs. 1—9. entire document
`
`WO 2016/161244 A2 (THE SCRIPPS RESEARCH INSTITUTE) 06 October 2016 (06.10.2016)
`entire document
`
`C] Further documents are listed in the continuation of Box C.
`Special categories M and documents:
`document defining the general state of the art which is not considered
`to be of particular relevance
`earlier application 0" patent b”! published on or afierthe international
`films date
`document which may throw doubts on priority claim(s) or which is
`g'teegglorgsggglzsa: éfigggfwon date 0f another Citation or other
`p
`p
`document referring to an oral disclosure, use, exhibition or other
`means
`document publishedlprior to the international filing date but laterthan
`the priority date claimed
`Date ofthe actual completion of the international search
`
`“T”
`
`I: See patent family annex.
`riority
`later document published after the international filing date or
`date and ‘not in conflict with the application but cited to un erstand
`the pnncrple or theory underlying t e invention
`“X" document of particular relevance; the claimed invention cannot'be
`considered novel or cannot be considered to involve an inventive
`step when the document I5 taken alone
`“Y” document of panicular relevanceythe claimed invention cannot be
`consrdcred to involve an inventive step when the document
`IS
`combined with one or more other such documents, such combination
`being obvious to a person skilled in the art
`document member ofthe same patent famin
`
`Date of mailing ofthe international search report
`
`20November2018
`Name and mailing address ofthe ISA/US
`Mail Stop PCT, Attn: ISA/US, Commissioner for Patents
`Po. Box 1450, Alexandria, VA 22313-1450
`Facsimile N0. 571-273-8300
`Form PCT/lSA/210 (second sheet) (January 2015)
`
`1 1 JAN 20I9
`Authorized officer
`
`Blaine R. Copenheaver
`PCT Helpdesk: 571-272-4300
`PCT 05?: 571-272-7774
`
`

`

`PCT/U82018/050511 11.01.2019
`
`PATENT COOPERATION TREATY
`
`From the
`INTERNATIONAL SEARCHING AUTHORITY
`
`T01 DAVID s. HARBURGER
`WILSON SONSINI GOODRICH & ROSATI
`650 PAGE MILL ROAD
`PALO ALTO, CA 94304-1050
`
`
`
`Applicant’s or agent’s file reference
`44854-741601
`
`PCT
`
`-
`1
`WRITTEN OP‘N’ON 0* THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 431m. 1)
`
`Date ofmailing
`d /
`th/
`( ay man year)
`FOR FU R'I'H ER ACTION
`See paragraph 2 below
`
`.
`
`A h 2019
`
`lntemational application No.
`
`International filing date (day/monrh/year)
`
`Priority date (day/mamh/year)
`
`PCT/U82018/050511
`
`11 September 2018
`
`11 September 2017
`
`lntemational Patent Classification (lPC) or both national classification and IPC
`[PC(8) - CO7K 16/00; CO7K 16/28; C07K 16/46; CO7K 19/00; C12N 15/13; C4OB 30/04 (2018.01)
`CPC '
`A61 K 38/00; A61 K 2039/505; CO7K 2317/24; CO7K 2317/565; CO7K 2317/567; CO7K 2319/00;
`C12N 15/1037; C408 40/02; G01 N 2333/726 (2018.08)
`
`Applican‘ TWIST BIOSCIENCE CORPORATION
`
`
`I. This Opinion contains indications relating to the following items:
`
`Box No.
`
`I
`
`Basis ofthe opinion
`
`Box No. II
`
`Priority
`
`Box No. 111
`
`Non—establishment of opinion with regard to novelty, inventive step and industrial applicability
`
`Box No. IV
`
`Lack of unity ofinvention
`
`DEIEIHEDGE Box No. VIII Certain observations on the intemational application
`
`
`
`Box No. V
`
`Box No. Vl
`
`Reasoned statement under Rule 43bis. I (a)(i) with regard to novelty, inventive step and industrial applicability;
`citations and explanations supporting such statement
`Certain documents cited
`
`Box No. Vll Certain defects in the international application
`
`2. FURTHER ACTION
`
`lt'a demand for international preliminary examination is made, this opinion will be considered to be a written opinion ofthe
`lntemational Preliminary Examining Authority (“IPEA”) except that this does not apply where the applicant chooses an Authority
`other than this one to be the IPEA and the chosen IPEA has notified the lntemational Bureau under Rule 66.1bis(b) that written
`opinions ofthis lntemational Searching Authority will not be so considered.
`It this opinion is, as provided above, considered to be a written opinion ofthe IPEA, the applicant is invited to submit to the IPEA
`a written reply together, where appropriate, with amendments, before the expiration of3 months from the date of mailing of Form
`PCT/ISA/220 or before the expiration of 22 months from the priority date, whichever expires later.
`For further options, see Form PCT/lSA/220.
`
`PCT He'pdesk: 5714724300 Facsimile No. 571-273-8300
`
`Name and mailing address ofthe ISA/US Date of completion ofthis opinion
`Commissioner for Patents
`Mail Stop PCT. Attn: ISA/US
`PO. Box 1450, Alexandria, VA 22313-1450
`
`20 November 2018
`
`Form PCT/ISA/237 (cover sheet) (January 2015)
`
`Authorized officer
`.
`Blaine R Copenhe
`
`aver
`
`PCT OSP: 571-272-7774
`
`

`

`a. I: forming part ofthe international application as filed:
`D in the form of an Annex C/ST.25 text file.
`D on paper or in the form ofan image file.
`
`b. [j furnished together with the international application under PCT Rule 13ter.l(a) for the purposes ofinternational
`search only in the form of an Annex C/ST.25 text file.
`
`c.
`
`furnished subsequent to the international filing date for the purposes ofintemational search only:
`
`in the form ofan Annex C/ST.25 text file (Rule lSter.l(a)).
`[2]
`[:1 on paper or in the form ofan image file (Rule 13ter.1(b) and Administrative instructions, Section 713).
`
`m In addition, in the case that more than one version or copy ofa sequence listing has been filed or furnished, the required
`statements that the information in the subsequent or additional copies is identical to that forming part ofthe application as
`filed or does not go beyond the application as filed, as appropriate, were furnished,
`
`5. Additional comments:
`
`PCT/USZO18IO50511 11 .01.2019
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`lntemational application No.
`PCT/USZO18/050511
`
`Box No. l
`
`Basis of this opinion
`
`1. With regard to the language, this opinion has been established on the basis of:
`
`X the international application in the language in which it was filed.
`:1 a translation ofthe international application into
`fumished for the purposes of international search (Rules 12.3(a) and 23.1(b)).
`
`which is the language ofa translation
`
`This opinion has been established taking into account the rectification of an obvious mistake authorized by or notified to
`this Authority under Rule 91 (Rule 43bis. 1(a)).
`
`With regard to any nucleotide and/or amino acid sequence disclosed in the intemational application, this opinion has
`been established on the basis ofa sequence listing:
`
`SEQ ID NOs: 2420-2436 were searched.
`
`Form PCT/lSA/237 (Box No. l) (January 2015)
`
`

`

`PCT/USZO18IO50511 11.01.2019
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`lntemational application No.
`PCT/U52018/05051 1
`
`Box No. V
`
`Reasoned statement under Rule 43bis.1(a)(i) with regard to novelty, inventive step and industrial applicability;
`citations and explanations supporting such statement
`
`Statement
`
`Novelty (N)
`
`inventive step 08)
`
`Claims
`Claims
`
`Claims
`Claims
`
`1-5, 8, 10-16, 13, 19, 23-26, 29-36
`6. 7, 9, 17, 70-77, 27, 28
`
`1‘5
`6'36
`
`
`
`industrial applicability (IA)
`
`Claims
`Claims
`
`1'35
`None
`
`Citations and explanations:
`2.
`Claims 6, 7, 9, 17, 20-22, 27, and 28 lack novelty under PCT Article 33(2) as being anticipated by Douthwaite et al. (hereinafter
`Douthwaite).
`
`Regarding claim 6, Douthwaite discloses a nucleic acid library (Pg. 155, Figure 1 (B) includes 7 targeted mutagenesis libraries of VH
`CDR3 of Hy3B-1; Pg. 162, left-hand column, last paragraph, Generation and selection of targeted mutagenesis libraries: For targeted
`mutagenesis of Hy38-1, the VH and VL coding regions were used to prepare a scFv construct for optimization in phage display format
`Nineteen individual Hy38-1 scFv phage display libraries targeting all 6 CDRs were constructed (Fig. 18) [Fig. 18 includes 7 targeted
`mutagenesis libraries of VH CDR3]) comprising a plurality of nucleic acids, wherein each nucleic acid encodes for a sequence that when
`translated encodes for an immunoglobulin scaffold, wherein the immunoglobulin scaffold comprises a CDR-H3 loop that comprises a
`GPCR binding domain, and wherein each nucleic acid comprises a sequence encoding for a sequence variant of the GPCR binding
`domain (Pg. 152, left-hand column, 1st paragraph, The formyl peptide receptor (FPR) family is a group of Class A G—protein coupled
`receptors (GPCRs); Pg. 153, right-hand column, 2nd paragraph, Hy38-1 is a human monoclonal antibody specific for human FPR1 that
`was derived by immunization of transgenic mice expressing human variable region genes; Pg. 162, left-hand column, last
`paragraph-right-hand column, 1st paragraph, Generation and selection of targeted mutagenesis libraries: For targeted mutagenesis of
`Hy38-1, the VH and VL coding regions were used to prepare a scFv construct for optimization in phage display format. Large,
`CDR-targeted scFv phage libraries (greater than approximately 10‘9 variant scFvs) were created by oligonucleotide-directed mutagenesis
`in which degenerate codons (NNS) were used to fully randomize regions of 6 consecutive amino acid residue using Kunkel mutagenesis
`In total, 19 individual scFv phage libraries were prepared and pooled for selection to a maximum of 3 libraries per pool resulting in 8
`library pools ; Pg. 154, left—hand column, Potency optimization of Hy38-1 CDR-targeted mutagenesis: An overview of the selection and
`screening cascade to improve the potency of Hy38—1 against both human and cynomolgus FPR1 is illustrated in Figure 1A. The CDRs of
`Hy38-1 (defined by Kabat and numbered accordingly throughout) are shown in Figure 18. At 24 residues, the VH CDR3 of Hy38-1 is
`longer than average for a human antibody, in which the VH CDR3 regions are more typically in the region of 8 to 18 amino acids. Longer
`VH CDR3 regions have been suggested to be important for binding to certain target classes, such as GPCRs, where antigen binding might
`be facilitated by a longer projecting structure. Interestingly, the aforementioned human FPR1-specific antibody isolated by immunization
`also had long VH CDR3 region (22 amino acids). We therefore considered that the VH CDR3 of Hy38-1 could be particularly critical for
`FPR1 binding, and so, in the design of the targeted mutagenesis approach, we allowed the VH CDR3 to be very thoroughly explored in a
`range of libraries
`Nineteen individual Hy38-1 scFv phage display libraries targeting all 6 CDRs were constructed (Fig. 1B). In each
`library, 4 to 6 consecutive codons were replaced by NNS codons to allow for the inclusion of any amino acid at these targeted positions;
`Pg. 155, Figure 1. Antibody engineering strategy (A) and selection and screening cascade (B) used for the optimization of Hy38-1. Amino
`acid residues of Hy38-1 are shown in uppercase
`X denotes replacement of a codon with the degenerate codon NNS. The individual
`libraries within each CDR were pooled for selection as shown by the boxes. CDR residues are numbered according to Kabat [Figure 1 (B)
`includes 7 targeted mutagenesis libraries of VH CDR31).
`
`Regarding claim 7, Douthwaite discloses the nucleic acid library of claim 6, wherein a length of the CDR-H3 loop is about 20 to about 80
`amino acids (Pg. 154, left-hand column, 2nd paragraph, At 24 residues, the VH CDR3 of Hy38-1 is longer than average for a human
`antibody, in which the VH CDR3 regions are more typically in the region of 8 to 18 amino acids; see Figure 1 (8)).
`
`Regarding claim 9, Douthwaite discloses the nucleic acid library of claim 6, wherein the immunoglobulin scaffold further comprises one or
`more domains selected from variable domain, light chain (VL), variable domain, heavy chain (VH), constant domain, light chain (CL). and
`constant domain, heavy chain (CH) (Pg. 162, left-hand column, last paragraph-right-hand column, 1st paragraph, Generation and
`selection of targeted mutagenesis libraries: For targeted mutagenesis of Hy38-1, the VH and VL coding regions were used to prepare a
`scFv construct for optimization in phage display format. Large, CDR-targeted scFv phage libraries (greater than approximately 10‘9
`variant scFvs) were created by oligonucleotide-directed mutagenesis in which degenerate codons (NNS) were used to fully randomize
`regions of 6 consecutive amino acid residue using Kunkel mutagenesis
`In total, 19 individual scFv phage libraries were prepared and
`pooled for selection to a maximum of 3 libraries per pool resulting in 8 library pools).
`
`Regarding claim 17, Douthwaite discloses the nucleic acid library of claim 6, wherein the immunoglobulin scaffold comprises a single
`immunoglobulin domain (Pg. 162, left-hand column, last paragraph-right-hand column, 1st paragraph, Generation and selection of
`targeted mutagenesis libraries: For targeted mutagenesis of Hy38-1, the VH and VL coding regions were used to prepare a scFv
`construct for optimization in phage display format. Large, CDR-targeted scFv phage libraries (greater than approximately 10‘9 variant
`scFvs) were created by oligonucleotide-directed mutagenesis in which degenerate codons (NNS) were used to fully randomize regions of
`6 consecutive amino acid residue using Kunkel mutagenesis).
`
`Form PCT/ISA/237 (Box No. V) (January 2015)
`
`

`

`PCT/USZO1 8/050511 11.01.2019
`
`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`
` International application No.
`
`
`
`PCT/U32018/050511
`
`in case the space in any of the preceding boxes is not sufficient.
`Continuation of:
`
`
`
`
`
`Regarding claim 20, Douthwaite discloses a protein library (Pg. 155. Figure 1 (B) includes 7 targeted mutagenesis libraries of VH CDR3
`of Hy38-1; Pg. 162, left-hand column. last paragraph, Generation and selection of targeted mutagenesis libraries: For targeted
`mutagenesis of Hy38-1, the VH and VL coding regions were used to prepare a scFv construct for optimization in phage display format
`
`
`Nineteen individual Hy38—‘l scFv phage display libraries targeting all 6 CDRs were constructed (Fig. 18) [Fig. 18 includes 7 targeted
`
`
`mutagenesis libraries of VH CDR3]) comprising a plurality of proteins, wherein each of the proteins of the plurality of proteins comprise
`
`
`an immunoglobulin scaffold. wherein the immunoglobulin scaffold comprises a CDR-H3 loop that comprises a sequence variant of a
`
`
`GPCR binding domain (Pg. 152. left-hand column, 1st paragraph, The formyl peptide receptor (FPR) family is a group of Class A
`
`
`G-protein coupled receptors (GPCRs); Pg. 153, right-hand column, 2nd paragraph, Hy38-1 is a human monoclonal antibody specific for
`
`
`human FPR1 that was derived by immunization of transgenic mice expressing human variable region genes; Pg. 162, left-hand column,
`
`
`last paragraph-right—hand column. 1st paragraph. Generation and selection of targeted mutagenesis libraries: For targeted mutagenesis
`
`
`of Hy38-1, the VH and VL coding regions were used to prepare a scFv construct for optimization in phage display format. Large,
`
`
`CDR-targeted scFv phage libraries (greater than approximately 10"9 variant scFvs) were created by oligonucleotide—directed
`
`
`mutagenesis in which degenerate codons (NNS) were used to fully randomize regions of 6 consecutive amino acid residue using Kunkel
`
`
`mutagenesis
`In total, 19 individual scFv phage libraries were prepared and pooled for selection to a maximum of 3 libraries per pool
`
`
`resulting in 8 library pools ; Pg. 154, left-hand column, Potency optimization of Hy38-1 COR-targeted mutagenesis: An overview of the
`
`
`selection and screening cascade to improve the potency of Hy38-1 against both human and cynomolgus FPR1 is illustrated in Figure 1A.
`
`
`The CDRs of Hy38-1 (defined by Kabat and numbered accordingly throughout) are shown in Figure 15. At 24 residues, the VH CDR3 of
`
`
`Hy38-1 is longer than average for a human antibody, in which the VH CDR3 regions are more typically in the region of 8 to 18 amino
`
`
`acids. Longer VH CDR3 regions have been suggested to be important for binding to certain target classes, such as GPCRs, where
`
`
`antigen binding might be facilitated by a longer projecting structure. Interestingly, the aforementioned human FPR1-specific antibody
`
`
`isolated by immunization also had long VH CDR3 region (22 amino acids). We therefore considered that the VH CDR3 of Hy38~1 could
`
`
`be particularly critical for FPR1 binding, and so, in the design of the targeted mutagenesis approach. we allowed the VH CDR3 to be very
`
`
`thoroughly explored in a range of libraries
`Nineteen individual Hy38-1 scFv phage display libraries targeting all 6 CDRs were
`
`
`constructed (Fig. 1B). In each library, 4 to 6 consecutive codons were replaced by NNS codons to allow for the inclusion of any amino
`
`
`acid at these targeted positions: Pg. 155, Figure 1. Antibody engineering strategy (A) and selection and screening cascade (8) used for
`
`
`the optimization of Hy38-1. Amino acid residues of Hy38-1 are shown in uppercase
`X denotes replacement of a codon with the
`
`
`degenerate codon NNS. The individual libraries within each CDR were pooled for selection as shown by the boxes. CDR residues are
`
`
`numbered according to Kabat [Figure 1 (B) includes 7 targeted mutagenesis libraries of VH CDR3]).
`
`Regarding claim 21, Douthwaite discloses the protein library of claim 20, wherein a length of the CDR-H3 loop is about 20 to about 80
`amino acids (Pg. 154, left-hand column, 2nd paragraph, At 24 residues, the VH CDR3 of Hy38-1 is longer than average for a human
`
`antibody, in which the VH CDR3 regions are more typically in the region of 8 to 18 amino acids; see Figure 1 (8)).
`
`Regarding claim 22, Douthwaite discloses the protein library of claim 20, wherein the immunoglobulin scaffold further comprises one or
`
`
`more domains selected from variable domain, light chain (VL), variable domain, heavy chain (VH), constant domain, light chain (CL), and
`constant domain, heavy chain (CH) (Pg. 162, left-hand column, last paragraph-right-hand column, 1st paragraph, Generation and
`
`selection of targeted mutagenesis libraries: For targeted mutagenesis of Hy38-1, the VH and VL coding regions were used to prepare a
`
`scFv construct for optimization in phage display format. Large, COR-targeted scFv phage libraries (greater than approximately 10"9
`variant scFvs) were created by oligonucleotide—directed mutagenesis in which degenerate codons (NNS) were used to fully randomize
`
`
`regions of 6 consecutive amino acid residue using Kunkel mutagenesis
`In total, 19 individual scFv phage libraries were prepared and
`
`pooled for selection to a maximum of 3 libraries per pool resulting in 8 library pools),
`
` Regarding claim 27. Douthwaite discloses the protein library of claim 20. Further, in regards to the limitation relating to "the plurality of
`proteins are used to generate a peptidomimetic library," a recitation of the intended use of the claimed invention must result in a
`
`structural difference between the claimed invention and the prior art in order to distinguish the claimed invention from the prior art.
`If the
`
`prior art is capable of performing the intended use, it meets the limitation for being used to generate a peptidomimetic library.
`Regarding claim 28, Douthwaite discloses the protein library of claim 20, wherein the protein library comprises antibodies (Pg. 162.
`
`
`left-hand column, last paragraph-right-hand column, 1st paragraph, Generation and selection of targeted mutagenesis libraries: For
`
`
`targeted mutagenesis of Hy38-1, the VH and VL coding regions were used to prepare a scFv construct for optimization in phage display
`format. Large. COR-targeted scFv phage libraries (greater than approximately 10‘9 variant scFvs) were created by
`oligonucleotide—directed mutagenesis in which degenerate codons (NNS) were used to fully randomize regions of 6 consecutive amino
`acid residue using Kunkel mutagenesis
`In total, 19 individual scFv phage libraries were prepared and pooled for selection to a
`
`
`maximum of 3 libraries per pool resulting in 8 library pools).
`
`
` Claims 8. 12-15, 25, and 26 lack an inventive step under PCT Article 33(3) as being obvious over Douthwaite et al. (hereinafter
`Douthwaite).
` Regarding claim 8, Douthwaite discloses the nucleic acid library of claim 6, but Douthwaite fails to explicitly disclose wherein a length of
`
`
`the CDR—H3 loop is about 80 to about 230 base pairs.
`However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Douthwaite to include
`
`wherein a length of the CDR-H3 loop is about 80 to about 230 base pairs, since where the general conditions of the claim are disclosed
`in the prior art (Pg. 154, left-hand column, 2nd paragraph, At 24 residues, the VH CDR3 of Hy38-1 is longer than average for a human
`
`antibody, in which the VH CDR3 regions are more typically in the region of 8 to 18 amino acids; see Figure 1 (8)): 24 amino acids x3
`
`nucleotides/amino acids = 72 amino acids), discovering the optimal length of the CDR-H3 loop involves only routine skill in the art. The
`
`motivation of doing so would be to develop various nucleic acid libraries using various CDR-HS loops.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Form PCT/lSA/237 (Supplemental Box) (January 2015)
`
`

`

`PCT/U82018I050511 11.01.2019
`
`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`Penuszmsmsosfl
`
`
` lntemational application No.
`
`
`Supplemental Box
`
`in case the Space in any of the preceding boxes is not sufficient.
`Continuation of:
`
`Regarding claim 12, Douthwaite discloses the nucleic acid library of claim 9, but Douthwaite fails to explicitly disclose wherein a length of
`
`the VH domain is about 90 to about 100 amino acids.
`However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Douthwaite to include
`
`
`wherein a length of the VH domain is about 90 to about 100 amino acids. since where the general conditions of the claim are disclosed in
`the prior art (Pg. 155, Figure 1 (B) Amino acid residues of Hy38-1 are shown in uppercase
`CDR residues are numbered according to
`
`
`Kabat [VH CDR3 ends at amino acid 102 according to Kabat]), discovering the optimal length of the VH domain involves only routine skill
`in the art. The motivation of doing so would be to develop various nucleic acid libraries using various VH domains.
`
` Regarding claim 13, Douthwaite discloses the nucleic acid library of claim 9, but Douthwaite fails to explicitly disclose wherein a length of
`
`
`the VL domain is about 90 to about 120 amino acids
`However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Douthwaite to include
`
`
`wherein a length of the VL domain is about 90 to about 120 amino, since where the general conditions of the claim are disclosed in the
`prior art (Pg. 155, Figure 1 (B) Amino acid residues of Hy38-1 are shown in uppercase
`CDR residues are numbered according to
`Kabat [VL CDR3 ends at amino acid 97 according to Kabat]), discovering the optimal length of the VH domain involves only routine skill
`in the art. The motivation of doing so would be to develop various nucleic acid libraries using various VL domains.
`
` Regarding claim 14, Douthwaite discloses the nucleic acid library of claim 9, but Douthwaite fails to explicitly disclose wherein a length of
`
`
`
`
`
`
` Regarding claim 15, Douthwaite discloses the nucleic acid library of claim 9, but Douthwaite fails to explicitly disclose wherein a length of
`the VL domain is about 300 to about 350 base pairs.
`
`However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Douthwaite to include
`wherein a length of the VL domain is about 300 to about 350 base pairs, since where the general conditions of the claim are disclosed in
`
`
`the prior art (Pg. 155, Figure 1 (B) Amino acid residues of Hy38-1 are shown in uppercase
`CDR residues are numbered according to
`Kabat [VL CDR3 ends at amino acid 97 according to Kabat]), discovering the optimal length of the VH domain involves only routine skill
`
`in the art. The motivation of doing so would be to develop various nucleic acid libraries using various VL domains.
`
` Regarding claim 25, Douthwaite discloses the protein library of claim 20, but Douthwaite fails to explicitly disclose wherein a length of the
`
`
`VH domain is about 90 to about 100 amino acids.
`
`However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Douthwaite to include
`
`
`wherein a length of the VH domain is about 90 to about 100 amino acids, since where the general conditions of the claim are disclosed in
`the prior art (Pg. 155, Figure 1 (B) Amino acid residues of Hy38-1 are shown in uppercase
`CDR residues are numbered according to
`Kabat [VH CDR3 ends at amino acid 102 according to Kabat]), discovering the optimal length of the VH domain involves only routine skill
`
`in the art. The motivation of doing so would be to develop various protein libraries using various VH domains.
`Regarding claim 26, Douthwaite discloses the protein library of claim 20. but Douthwaite fails to explicitly disclose wherein a length of the
`
`
`VL domain is about 90 to about 120 amino acids.
`
`However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Douthwaite to include
`
`
`wherein a length of the VL domain is about 90 to about 120 amino, since where the general conditions of the claim are disclosed in the
`prior art (Pg. 155, Figure 1 (8) Amino acid residues of Hy38-1 are shown in uppercase
`CDR residues are numbered according to
`Kabat [VL CDR3 ends at amino acid 97 according to Kabat]), discovering the optimal length of the VH domain involves only routine skill
`in the art. The motivation of doing so would be to develop various protein libraries using various VL domains.
`
`the VH domain is about 280 to about 300 base pairs.
`However, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Douthwaite to include
`wherein a length of the VH domain is about 280 to about 300 base pairs, since where the general conditions of the claim are disclosed in
`the prior art (Pg. 155. Figure 1 (B) Amino acid residues of Hy38-1 are shown in uppercase
`CDR residues are numbered according to
`Kabat [VH CDR3 ends at amino acid 102 according to Kabat]), discovering the optimal length of the VH domain involves only routine skill
`in the art. The motivation of doing so would be to develop various nucleic acid libraries using various VH domains.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Form PCT/ISA/237 (Supplemental Box) (January 2015)
`
`

`

`PCT/USZO18IO50511 11.01.2019
`
`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
` International application No.
`
`PCTmszommsosfi
`
`Supplemental Box
`
`Claims 29-33 and 36 lack an inventive step under PCT Article 33(3) as being obvious over VIB VZW et al. (hereinafter VIB VZW).
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of:
`
`
`
`

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.

We are unable to display this document.

PTO Denying Access

Refresh this Document
Go to the Docket