throbber

`
`Unrrep Siares Parent’ AND TRADEMARK OFFICE
`
`UNTTED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FCR PATENTS
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`www.soto,OV
`GRP AR
`TILING or
`APPLICATION
`
`LOCLAIMSHIND CLAIMS
`ATTY..DOCKET.NO
`FIL FER REC'D
`UNL.
`371(c) DATE
`NUMBER
`63/154,639
`02/26/2021
`150
`930207 401P1
`
`500
`SEED INTELLECTUAL PROPERTY LAW GROUP LLP
`
`701 FIPTHAVE
`
`SUITE 5400
`SEATTLE, WA 98104
`
`CONFIRMATION NO. 6215
`
`FILING RECEIPT
`
`NV...
`
`Date Mailed: 03/29/2021
`
`It will not be examined for patentability and will
`Receipt is acknowledged ofthis provisional patent application.
`become abandoned notlater than twelve monthsafter its filing date. Any correspondence concerning the application
`mustinclude the following identification information: the U.S. APPLICATION NUMBER, FILING DATE, NAME OF
`FIRST INVENTOR, and TITLE OF INVENTION. Feestransmitted by checkor draft are subject to collection.
`
`Pleaseverify the accuracyof the data presented on this receipt. If an error is noted on this Filing Receipt, please
`submit a written request for a corrected Filing Receipt identifying the requested changes, preferably by including a
`properly marked-up ADS showing the changeswith strike-through for deletions and underlining for additions. If you
`received a "Notice to File Missing Parts" or other Notice requiring a response for this application, please submit any
`request for correction to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply to
`the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections provided that
`the request is grantable.
`
`Inventor(s)
`
`Applicant(s)
`
`Molly R. Perkins, Milton, MA;
`Kevin M. Friedman, Melrose, MA;
`
`ViraLogic Therapeutics, Inc., Boston, MA
`Powerof Attorney:
`Eileen Sun--57270
`
`Permission to Access Application via Priority Document Exchange: Yes
`
`Permission to Access Search Results: Yes
`
`Applicant may provide or rescind an authorization for access using Form PTO/SB/39 or Form PTO/SB/69 as
`appropriate.
`
`If Required, Foreign Filing License Granted: 03/26/2021
`The country code and number of your priority application, to be usedfor filing abroad under the Paris Convention,
`is US 63/154,639
`Projected Publication Date: None, application is not eligible for pre-grant publication
`Non-Publication Request: No
`Early Publication Request: No
`** SMALL ENTITY **
`
`page 1 of 3
`
`Page 1 of 109
`
`KELONIA EXHIBIT 1006
`
`Page 1 of 109
`
`KELONIA EXHIBIT 1006
`
`

`

`Title
`
`LYMPHOCYTE TARGETED LENTIVIRAL VECTORS
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition Applications: No
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT-member country. The PCT process simplifies thefiling
`of patent applications on the same invention in member countries, but does not result in a grant of "an international
`patent" and doesnot eliminate the need of applicants to file additional documents and fees in countries where patent
`protection is desired.
`
`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordance with its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions made in the United States, the Director of the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. Thefiling of a U.S. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance asto the status of applicant's license for foreign filing.
`
`Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents” (specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlinesfor filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it
`can be viewed on the USPTOwebsite at http:/Awww.uspto.gov/web/offices/pac/doc/general/index.html.
`
`For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish
`to consult the U.S. Government website, http:/Awww.stopfakes.gov. Part of a Department of Commerceinitiative,
`this website includes self-help "toolkits" giving innovators guidance on howto protectintellectual property in specific
`countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may
`call the U.S. Governmenthotline at 1-866-999-HALT(1-866-999-4258).
`
`LICENSE FOR FOREIGN FILING UNDER
`
`Title 35, United States Code, Section 184
`
`Title 37, Code of Federal Regulations, 5.11 & 5.15
`
`GRANTED
`
`if the phrase "IF REQUIRED, FOREIGN FILING
`The applicant has been granted a license under 35 U.S.C. 184,
`LICENSE GRANTED"followed by a date appears on this form. Such licenses are issuedin all applications where
`the conditions for issuanceof a license have been met, regardless of whether or not a license may be required as
`set forth in 37 CFR 5.15. The scope andlimitations of this license are set forth in 37 CFR 5.15(a) unless an earlier
`
`page 2 of 3
`
`Page 2 of 109
`
`Page 2 of 109
`
`

`

`license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The
`date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under
`37 GFR 5.13 or 5.14.
`
`This license is to be retained by the licensee and maybe used at any time onor after the effective date thereof unless
`it is revoked. This license is automatically transferred to any related applications(s)filed under 37 CFR 1.53(d). This
`license is not retroactive.
`
`The grantof a license doesnotin any way lessen the responsibility of a licensee for the security of the subject matter
`as imposed by any Government contract or the provisions of existing laws relating to espionage and the national
`security or the export of technical data. Licensees should apprise themselvesof current regulations especially with
`respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of
`State (with respect to Arms, Munitions and Implements of War (22 CFR 121-128)); the Bureau of Industry and
`Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of
`Treasury (31 CFR Parts 500+) and the Departmentof Energy.
`
`NOT GRANTED
`
`No license under 35 U.S.C. 184 has been granted atthis time, if the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED" DOES NOTappear on this form. Applicant maystill petition for a license under 37 CFR 5.12,
`if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed
`from the filing date of this application and the licensee has not received any indication of a secrecy order under 35
`U.S.C. 181, the licensee may foreign file the application pursuant to 37 CFR 5.15(b).
`
`
`SelectUSA
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location for
`businessinvestment, innovation, and commercialization of new technologies. The U.S. offers tremendous resources
`and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation works to
`promote andfacilitate business investment. SelectUSA provides information assistanceto the international investor
`community; serves as an ombudsmanfor existing and potential investors; advocates on behalf of U.S. cities, states,
`and regions competing for global investment; and counsels U.S. economic developmentorganizations on investment
`attraction best practices. To learn more about why the United States is the best country in the world to develop
`technology, manufacture products, deliver services, and grow your business, visit http://(www.SelectUSA.govor call
`+1-202-482-6800.
`
`page 3 of 3
`
`Page 3 of 109
`
`Page 3 of 109
`
`

`

`LYMPHOCYTE TARGETED LENTIVIRAL VECTORS
`
`DETAILED DESCRIPTION
`
`Engineeredlentiviral vectors are described herein. The lentiviral vectors include
`
`a mutated, heterologous envelope protein, a targeting protein, and at least one
`
`transgenefor delivery to and expression by a cell characterized by the targeting protein.
`
`In some embodiments, the targeting protein is selected to target an immunecell,
`
`including, for example a lymphocyte or aT cell.
`
`In certain such embodiments, the
`
`lentiviral vectors described herein are capable of selectively targeting and efficiently
`
`transducing resting lymphocytes, e.g., T cells.
`
`Also provided are methods and materials for producing the lentiviral vectors
`
`described herein, methods for transducing target cells, and cells transduced by lentiviral
`
`vectors according to the present disclosure.
`
`In some embodiments, a lentiviral vector
`
`as described herein and/or cells transduced by such a vector may be usedin treating a
`
`disease or disorder responsive to the presenceof cells expressing the transgene
`
`delivered by the vector.
`
`Definitions
`
`Prior to setting forth this disclosure in more detail, it may be helpful to an
`
`understanding thereof to provide definitions of certain terms to be used herein.
`
`In the present description, any concentration range, percentage range, ratio
`
`range, or integer range is to be understood to include the value of any integer within the
`
`recited range and, when appropriate, fractions thereof (such as one tenth and one
`
`hundredth of an integer), unless otherwise indicated. Also, any number range recited
`
`herein relating to any physical feature, such as polymer subunits, size or thickness, are
`
`to be understood to include any integer within the recited range, unless otherwise
`
`indicated. As used herein, the term "about" means + 20% of the indicated range, value,
`
`or structure, unless otherwise indicated.
`
`It should be understood that the terms "a" and
`
`"an" as used herein refer to one or more" of the enumerated components. The use of
`
`Page 4 of 109
`
`Page 4 of 109
`
`

`

`the alternative (e.g., "or") should be understood to meaneither one, both, or any
`
`combination thereof of the alternatives. As used herein, the terms "include," "have" and
`
`"comprise" are used synonymously, which terms and variants thereof are intended to be
`
`construed as non-limiting.
`
`Terms understood by thosein the art of antibody technology are each given the
`
`meaning acquired in the art, unless expressly defined differently herein. The term
`
`"antibody" is used in the broadest sense and includes polyclonal and monoclonal
`
`antibodies. An “antibody” mayrefer to an intact antibody comprising at least two heavy
`
`(H) chains and two light (L) chains inter-connected by disulfide bonds, as well as an
`
`antigen-binding portion (or antigen-binding domain) of an intact antibody that has or
`
`retains the capacity to bind a target molecule. An antibody may be naturally occurring,
`
`recombinantly produced, genetically engineered, or modified forms of immunoglobulins,
`
`for example intrabodies, peptibodies, nanobodies, single domain antibodies, SMIPs,
`
`multispecific antibodies (e.9., bispecific antibodies, diabodies, triabodies, tetrabodies,
`
`tandem di-scFv, tandem tri-scFv, ADAPTIR). A monoclonal antibody or antigen-binding
`
`portion thereof may be non-human, chimeric, humanized, or human, preferably
`
`humanized or human.
`
`Immunoglobulin structure and function are reviewed, for
`
`example, in Harlow et a/., Eds., Antibodies: A Laboratory Manual, Chapter 14 (Cold
`
`Spring Harbor Laboratory, Cold Spring Harbor, 1988). “Antigen-binding portion” or
`
`“antigen-binding domain” of an intact antibody is meant to encompassan “antibody
`
`fragment,” which indicates a portion of an intact antibody and refers to the antigenic
`
`determining variable regions or complementary determining regions of an intact
`
`antibody. Examples of antibody fragments include, but are not limited to, Fab, Fab’,
`
`F(ab’)2, and Fv fragments, Fab’-SH, F(ab’)2, diabodies, linear antibodies, scFv
`
`antibodies, VH, and multispecific antibodies formed from antibody fragments. A "Fab"
`
`(fragment antigen binding) is a portion of an antibody that binds to antigens and
`
`includes the variable region and CH1 of the heavy chain linked to the light chain via an
`
`inter-chain disulfide bond. An antibody maybe of any class or subclass, including IgG
`
`and subclasses thereof (IgG1,
`
`lgG2, IgGs, IgG), IgM, IgE, IgA, and IgD.
`
`The term "variable region" or "variable domain" in the context of an antibody
`
`refers to the domain of an antibody heavyorlight chain that is involved in binding of the
`
`Page 5 of 109
`
`Page 5 of 109
`
`

`

`antibody to antigen. The variable domains (or regions) of the heavy chain and light
`
`chain (VH and VL, respectively) of a native antibody generally have similar structures,
`
`with each domain comprising four conserved framework regions (FRs) and three
`
`complementary determining regions (CDRs). (See, é.g., Kindt et al. Kuby Immunology,
`
`6th ed., W.H. Freeman and Co., page 91 (2007)). A single VH or VL domain may be
`
`sufficient to confer antigen-binding specificity. Furthermore, antibodies that bind a
`
`particular antigen may be isolated using a VH or VL domain from an antibody that binds
`
`the antigen to screen a library of complementary VL or VH domains, respectively. See,
`
`e.g., Portolano et al., J. Immunol. 150:880-887 (1993): Clarkson et al., Nature 352:624-
`
`628 (1991).
`
`The terms "complementarity determining region" and "CDR," which are
`
`synonymouswith "hypervariable region" or "HVR," are knownin the art to refer to non-
`
`contiguous sequences of amino acids within antibody variable regions, which confer
`
`antigen specificity and/or binding affinity.
`
`In general, there are three CDRsin each
`
`heavy chain variable region (HCDR1, HCDR2, HCDR3) and three CDRsin eachlight
`
`chain variable region (LCDR1, LCDR2, LCDR3).
`
`As used herein, the terms “binding domain’, “binding region”, and “binding
`
`moiety" refer to a molecule, such as a peptide, oligopeptide, polypeptide, or protein that
`
`possessesthe ability to specifically and non-covalently bind, associate, unite, recognize,
`
`or combine with a target molecule (e.g., tumor antigen). A binding domain includes any
`
`naturally occurring, synthetic, semi-synthetic, or recombinantly produced binding partner
`
`for a biological molecule or other target of interest.
`
`In some embodiments, the binding
`
`domain is an antigen-binding domain, such as an antibody or functional binding domain
`
`or antigen-binding portion thereof. Exemplary binding domainsinclude single chain
`
`antibody variable regions (e€.g., domain antibodies, sFv, scFv, Fab), receptor
`
`ectodomains (e.g., TNF-a), ligands (e.g., cytokines, chemokines), or synthetic
`
`polypeptides selected for the specific ability to bind to a biological molecule.
`
`"Major histocompatibility complex molecule" (MHC molecule) refers to a
`
`glycoprotein that delivers a peptide antigen to a cell surface. MHC class | molecules
`
`are heterodimers composed of a membrane spanning a chain (with three a domains)
`
`and a non-covalently associated 82 microglobulin. MHC class II molecules are
`
`Page 6 of 109
`
`Page 6 of 109
`
`

`

`composedof two transmembrane glycoproteins, a and B, both of which span the
`
`membrane. Each chain has two domains. MHC class | molecules deliver peptides
`
`originating in the cytosol to the cell surface, where peptide: MHC complex is recognized
`
`by CD8* T cells. MHC classII molecules deliver peptides originating in the vesicular
`
`system to the cell surface, where they are recognized by CD4* T cells. An MHC
`
`molecule may be from various animal species, including human, mouse, rat, or other
`
`mammals.
`
`“Chimeric antigen receptor” (CAR) refers to a chimeric fusion protein comprising
`
`two or more distinct domainslinked together in a way that does not occur naturally in a
`
`host cell and can function as a receptor when expressed on the surface of a cell. CARs
`
`are generally composed of an extracellular domain comprising a binding domain that
`
`binds a target antigen, an optional extracellular spacer domain, a transmembrane
`
`domain, and an intracellular signaling domain (e.g., comprising an immunoreceptor
`
`tyrosine-based activation motif (ITAM)), and optionally an intracellular costimulatory
`
`domain).
`
`In certain embodiments, an intracellular signaling domain of a CAR has an
`
`ITAM (e.g., CD32) containing intracellular signaling domain and an intracellular
`
`costimulatory domain (é.g., 4-1BB).
`
`In certain embodiments, a CARis synthesized as a
`
`single polypeptide chain or is encoded by a nucleic acid molecule as a single chain
`
`polypeptide.
`
`A variety of assays are knownfor identifying binding domains of the present
`
`disclosure that specifically bind a particular target, as well as determining binding
`
`domain affinities, such as Western blot, ELISA, analytical ultracentrifugation,
`
`spectroscopy, surface plasmon resonance (BIACORE®)analysis, and MHC tetramer
`
`analysis (see also, e.g., Scatchard et a/., Ann. N.Y. Acad. Sci. 57:660, 1949; Wilson,
`
`Science 295:2103, 2002: Wolff et a/., Cancer Res. 53:2560, 1993: Altman ef al.,
`
`Science 274:94-96, 1996; and U.S. Patent Nos. 5,283,173, 5,468,614, or the
`
`equivalent). As used herein, "specifically binds" refers to an association or union of a
`
`binding domain, or a fusion protein thereof, to a target molecule with an affinity or Ka
`
`(i.e, an equilibrium association constant of a particular binding interaction with units of
`
`1/M) equal to or greater than 10° M, while not significantly associating or uniting with
`
`any other molecules or components in a sample.
`
`Page 7 of 109
`
`Page 7 of 109
`
`

`

`The terms “antigen” and “Ag” refer to a molecule that is capable of inducing an
`
`immune response. The immune responsethatis induced may involve antibody
`
`production, the activation of specific immunologically-competent cells, or both.
`
`Macromolecules, including proteins, glycoproteins, and glycolipids, can serve as an
`
`antigen. Antigens can be derived from recombinant or genomic DNA. As contemplated
`
`herein, an antigen need not be encoded(i) solely by a full-length nucleotide sequence
`
`of a gene or(ii) by a “gene”at all. An antigen can be generated or synthesized, or an
`
`antigen can be derived from a biological sample. Such a biological sample can include,
`
`but is not limited, to a tissue sample, a tumor sample, a cell, or a biological fluid.
`
`The term "epitope" or "antigenic epitope" includes any molecule, structure, amino
`
`acid sequenceor protein determinant within an antigen that is specifically bound by a
`
`cognate immune binding molecule, such as an antibody or fragmentthereof (e.g., scFv),
`
`T cell receptor (TCR), CAR, or other binding molecule, domain or protein. Epitopic
`
`determinants generally contain chemically active surface groupings of molecules, such
`
`as amino acids or sugar side chains, and can have specific three-dimensional structural
`
`characteristics, as well as specific charge characteristics. An epitope may bealinear
`
`epitope or a conformational epitope.
`
`As used herein, an "effector domain" is an intracellular portion of a fusion protein
`
`or chimeric receptor that can directly or indirectly promote a biological or physiological
`
`response in a cell expressing the effector domain when receiving the appropriate signal.
`
`In certain embodiments, an effector domain is part of a protein or protein complex that
`
`receives a signal when bound.
`
`In other embodiments, the effector domain is part of a
`
`protein or protein complex that binds directly to a target molecule, which triggers a
`
`signal from the effector domain. For example, in response to binding of a CAR to a
`
`target molecule, the effector domain may transducea signal to the interior of the host
`
`cell, eliciting an effector function. An effector domain may directly promote a cellular
`
`response when it contains one or more signaling domains or motifs.
`
`In other
`
`embodiments, an effector domain will indirectly promote a cellular response by
`
`associating with one or more otherproteins that directly promote a cellular response.
`
`"Junction amino acids" or "junction amino acid residues" refer to one or more
`
`(e.g., about 2-20) amino acid residues between two adjacent motifs, regions or domains
`
`Page 8 of 109
`
`Page 8 of 109
`
`

`

`of a polypeptide. Junction amino acids mayresult from the construct design of a
`
`chimeric protein (e.g., amino acid residues resulting from the use of a restriction
`
`enzyme site during the construction of a nucleic acid molecule encoding a fusion
`
`protein).
`
`A “disease”is a state of health of a subject wherein the subject cannot maintain
`
`homeostasis, and wherein, if the disease is not ameliorated, then the subject's health
`
`continues to deteriorate.
`
`In contrast, a “disorder” or “undesirable condition” in a subject
`
`is a State of health in which the subject is able to maintain homeostasis, but in which the
`
`subject’s state of health is less favorable than it would be in the absenceof the disorder
`
`or undesirable condition. Left untreated, a disorder or undesirable condition does not
`
`necessarily result in a further decreasein the subject’s state of health.
`
`“Nucleic acid molecule” and “polynucleotide” can be in the form of RNA or DNA,
`
`which includes cDNA, genomic DNA, and synthetic DNA. A nucleic acid molecule may
`
`be composed of naturally occurring nucleotides (such as deoxyribonucleotides and
`
`ribonucleotides), analogs of naturally occurring nucleotides (e.g., a-enantiomeric forms
`
`of naturally occurring nucleotides), or a combination of both. Modified nucleotides can
`
`have modifications in or replacement of sugar moieties, or pyrimidine or purine base
`
`moieties. Nucleic acid monomers can belinked by phosphodiester bonds or analogs of
`
`such linkages. Analogs of phosphodiester linkages include phosphorothioate,
`
`phosphorodithioate, phosphoroselenoate, phosphorodiselenoate,
`
`phosphoroanilothioate, phosphoranilidate, pnosphoramidate, and the like. A nucleic
`
`acid molecule may be double stranded or single stranded, and if single stranded, may
`
`be the coding strand or non-coding (anti-sense strand). A coding molecule may have a
`
`coding sequenceidentical to a coding sequence knownin the art or may have a
`
`different coding sequence, which, as the result of the redundancy or degeneracy of the
`
`genetic code, or by splicing, can encode the same polypeptide.
`
`“Encoding” refers to the inherent property of specific polynucleotide sequences,
`
`such as DNA, cDNA, and mRNAsequences, to serve as templates for synthesis of
`
`other polymers and macromoleculesin biological processes having either a defined
`
`sequenceof nucleotides(/.e., FRNA, tRNA and mRNA)or a defined sequence of amino
`
`acids andthe biological properties resulting therefrom. Thus, a polynucleotide encodes
`
`Page 9 of 109
`
`Page 9 of 109
`
`

`

`a protein if transcription and translation of mRNA corresponding to that polynucleotide
`
`producesthe protein in a cell or other biological system. Both a coding strand and a
`
`non-coding strand can be referred to as encoding a protein or other product of the
`
`polynucleotide. Unless otherwise specified, a “nucleotide sequence encoding an amino
`
`acid sequence”includes all nucleotide sequences that are degenerate versions of each
`
`other and that encode the same amino acid sequence.
`
`As used herein, the term "endogenous" or "native" refers to a gene, protein,
`
`compound, molecule or activity that is normally present in a host or host cell, including
`
`naturally occurring variants of the gene, protein, compound, molecule, or activity.
`
`As used herein, "homologous" or "homolog" refers to a molecule or activity from
`
`a hostcell that is related by ancestry to a second gene or activity, e.g., from the same
`
`host cell, from a different host cell, from a different organism, from a different strain,
`
`from a different species. For example, a heterologous molecule or heterologous gene
`
`encoding the molecule may be homologousto a native host cell molecule or gene that
`
`encodes the molecule, respectively, and may optionally have an altered structure,
`
`sequence, expression level or any combination thereof.
`
`As used herein, "heterologous" nucleic acid molecule, construct or sequence
`
`refers to a nucleic acid molecule or portion of a nucleic acid molecule that is not native
`
`to a host cell, but can be homologousto a nucleic acid molecule or portion of a nucleic
`
`acid molecule from the host cell. The source of the heterologous nucleic acid molecule,
`
`construct or sequence can be from a different genus or species.
`
`In some embadimerts,
`
`the heterologous nucleic acid molecules are not naturally occurring.
`
`In certain
`
`embodiments, a heterologous nucleic acid molecule is added (/.e., not endogenous or
`
`native) into a host cell or host genome by, for example, conjugation, transformation,
`
`transfection, transduction, electroporation, or the like, wherein the added molecule can
`
`integrate into the host cell genome or exist as extra-chromosomal genetic material (e.g.,
`
`as a plasmid or other form of self-replicating vector), and can be presentin multiple
`
`copies.
`
`In addition, "heterologous" refers to a non-native enzyme, protein or other
`
`activity encoded by a non-endogenous nucleic acid molecule introduced into the host
`
`cell, even if the host cell encodes a homologousprotein oractivity.
`
`Page 10 of 109
`
`Page 10 of 109
`
`

`

`As used herein, the term "engineered,"
`
`"recombinant," “mutant,” “modified” or
`
`"non-natural" refers to an organism, microorganism, cell, nucleic acid molecule, or
`
`vector that has been modified by introduction of a heterologous nucleic acid molecule,
`
`or refers to a cell or microorganism that has been genetically engineered by human
`
`intervention—thatis, modified by introduction of a heterologous nucleic acid molecule,
`
`or refers to a cell or microorganism that has been altered such that expression of an
`
`endogenous nucleic acid molecule or gene is controlled, deregulated or constitutive,
`
`where such alterations or modifications can be introduced by genetic engineering.
`
`Human-generated genetic alterations can include, for example, modifications
`
`introducing nucleic acid molecules (which may include an expression control element,
`
`such as a promoter) encoding one or more proteins, chimeric receptors, or enzymes, or
`
`other nucleic acid molecule additions, deletions, substitutions, or other functional
`
`disruption of or addition to a cell's genetic material. Exemplary modifications include
`
`those in coding regions or functional fragments thereof heterologous or homologous
`
`polypeptides from a reference or parent molecule. Additional exemplary modifications
`
`include, for example, modifications in non-coding regulatory regions in which the
`
`modifications alter expression of a gene or operon.
`
`As used here, the term “transgene”refers to a gene or polynucleotide encoding a
`
`protein of interest (e.g., a CAR) whose expression is desired in a host cell and that has
`
`been transferred by genetic engineering techniquesinto a cell. A transgene may
`
`encode proteins of therapeutic interest as well as proteins that are reporters, tags,
`
`markers, suicide proteins, etc. A transgene may be from a natural source, modification
`
`of a natural gene, or a recombinant or synthetic molecule.
`
`In certain embodiments, a
`
`transgene is a componentof a vector.
`
`The tern “overexpressed” or “overexpression” of an antigen refers to an
`
`abnormally high level of antigen expression in a cell. Overexpressed antigen or
`
`overexpression of antigen is often associated with a disease stafe, such as in
`
`nematological malignancies and cells farming a solid tumor within @ specific tissue or
`
`organ of a subject. Solid tumors or hematological malignancies characterized by
`
`overexpression of a turnor antigen can be determined by standard assays known in the
`
`art.
`
`Page 11 of 109
`
`Page 11 of 109
`
`

`

`As used herein, the terms “peptide,” “polypeptide,” and “protein” are used
`
`interchangeably, and refer to a compound comprised of amino acid residues covalently
`
`linked by peptide bonds. A protein or septide must cortain al least iwo amino acids,
`
`and no limitation is placed on the maximum number of amino acids thal can comprise a
`
`protein's or peptide’s sequence, Polypeptides include any peptide or protein comprising
`
`two or more amino acids joined to each other by peptide bonds. As used herein, the
`
`term refers fo both short chains, which also commionly are referred to in the ari as
`
`peptides, oligopeptides and cligormmers, for example, and to longer chains, which
`
`generally are referred to in the art as croteins, of which there are many types.
`
`“Polypeptides” inciude, for example, biclogically active fragments, substantially
`
`homologous polypeptides, oligopeptides, harnodimers, heterodimers, variants of
`
`polypeptides, modified polypeptides, derivatives, analogs, fusion proteins, among
`
`others. The polypeptides include natural peptides, recombinant peptides, synthetic
`
`peptides, or a combination thereof.
`
`As used herein, the term “mature polypeptide’ or “mature protein’ refers to a
`
`protein or polypeptide that is secreted or localized in the cell membrane or inside ceriain
`
`cell organelles (é.g., the encoplasmic reticulum, golgi, or endosome) and includes a
`
`partially cleaved N-ferminal signal sequence or does not include an N-terminal signal
`
`sequence (/.é., ihe N-terminal signal sequence nas been entirely removed, such as by
`
`an endogenous cleavage process, from the protein or polypeptide).
`
`A’signal sequence’, also referred to as “signal peptide’, “leader sequence’,
`
`“leader peptide’, “localization signal’ or “localization sequence’, is a short peptide
`
`(usually 13-36 amino acids in jengin} present at the N-ierminus of newly synihesized
`
`proteins that are destined for the plasma membrane or a secretory pathway. A signal
`
`sequence typically cornprises a short stretch of hydrophilic, positively charged amino
`
`acids at the N-terminus, a central hydrophobic domain of 5-15 residues, and a C-
`
`terminal region with a cleavage site for a signal sequence.
`
`In eukaryotes, a signal
`
`sequence prompts translocation of ihe newly syninesized protein to the endaplasmic
`
`reticulum where it is cleaved by the signal peptidase, creating a mature protein that then
`
`proceeds ia its appropriate destination. The diversity of signal sequence length and
`
`amine acid composition makes it difficult to precisely predict the cleavage site. For
`
`Page 12 of 109
`
`Page 12 of 109
`
`

`

`polypeptide sequences disclosures herein, where a signal sequence is noted, the
`
`polypeptide sequence absent the signal sequence or having a partial signal sequence is
`
`also coniempiated.
`
`The "percent identity" between two or more nucleic acid or amino acid
`
`sequencesis a function of the numberof identical positions shared by the sequences
`
`(.é., % identity = number of identical positions/total number of positions x 100), taking
`
`into account the number of gaps, and the length of each gap that needs to be
`
`introduced to optimize alignment of two or more sequences. The comparison of
`
`sequences and determination of percent identity between two or more sequences can
`
`be accomplished using a mathematical algorithm, such as BLAST and Gapped BLAST
`
`programs at their default parameters (e.g., Altschul et a/., J. Mol. Biol. 275:403, 1990;
`
`see also BLASTN at www.ncbi.nim.nih.gov/BLAST).
`
`A "conservative substitution" is recognized in the art as a substitution of one
`
`amino acid for another amino acid that has similar properties. Exemplary conservative
`
`substitutions are well knownin the art (see, e.g., WO 97/09433, page 10, published
`
`March 13, 1997; Lehninger, Biochemistry, Second Edition; Worth Publishers, Inc.
`
`NY: NY (1975), pp.71-77; Lewin, Genes IV, Oxford University Press, NY and Cell Press,
`
`Cambridge, MA (1990), p. 8).
`
`The term "chimeric" refers to any nucleic acid molecule or protein that is not
`
`endogenous and comprises a combination of sequencesjoined or linked together that
`
`are not naturally found joined or linked together in

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

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

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

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.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket