Prosecution Insights
Last updated: April 19, 2026
Application No. 17/628,548

VEHICLE BRAKING SYSTEM COMPRISING BRAKE RIGGING, AND VEHICLE EQUIPPED WITH SUCH A SYSTEM

Non-Final OA §103
Filed
Jan 19, 2022
Examiner
BURCH, MELODY M
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Wabtec Hauts-De-France
OA Round
5 (Non-Final)
64%
Grant Probability
Moderate
5-6
OA Rounds
3y 8m
To Grant
90%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
658 granted / 1029 resolved
+11.9% vs TC avg
Strong +26% interview lift
Without
With
+25.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
51 currently pending
Career history
1080
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
43.9%
+3.9% vs TC avg
§102
23.9%
-16.1% vs TC avg
§112
27.8%
-12.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1029 resolved cases

Office Action

§103
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 . [AltContent: textbox (Clearance)][AltContent: arrow][AltContent: textbox (Bearing surfaces)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Frame)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Force transmission link member)][AltContent: arrow][AltContent: textbox (At least one lever)][AltContent: textbox (Central axis)][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: arrow] PNG media_image1.png 380 464 media_image1.png Greyscale [AltContent: textbox (Plural bearing regions)][AltContent: textbox (At least one lining)][AltContent: textbox (At least one lining mounting)] Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 3, 24, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5601163 to Kent in view of KR-20140068789 (KR’789). Re: claims 3 and 24. Kent shows in figure 6 a vehicle braking system comprising: a braking linkage, a brake 30, 146 configured to act on at least one braking member 36 of a vehicle via the braking linkage, the braking linkage including at least one device having at least one lining mounting, as labeled, and at least one lining, as labeled, mechanically connected to the at least one lining mounting, at least one lever, as labeled, extending from the brake to the at least one device, wherein the at least one lever is mechanically connected to the at least one lining mounting on an attachment region, shown at 128 in figure 6, of the at least one lining mounting that is located away from the at least one lining and which is no more than 35 mm or 0 mm from a transverse central axis, as labeled, of the at least one device, and wherein the at least one attachment region comprises a first attachment region shown in the area of the lead line of 128 that extends over a length along a longitudinal force application axis going into the page of the at least one device, wherein the longitudinal force application axis is oriented orthogonal to the transverse central axis, but is silent with regard to the length being between approximately 15mm and approximately 70mm. KR’789 teaches in claim 2 and in the chart of figure 1 wherein a length of an attachment region 3 of a brake lining mounting 2 extends over a length D between approximately 15mm and approximately 70mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the length the attachment region of Kent to have been between approximately 15mm and approximately 70mm, in view of the teachings of KR’789, in order to spread clamping forces over a relatively larger area and to reduce stress concentration. Re: claim 26. Kent, as modified, teaches in figure 6 of Kent a vehicle comprising an axle or the central portion of the wheel 14, for example, as shown in figure 1, a brake disc 36 mounted on the axle; a brake 30, 146 selected from a group consisting of a service brake and a parking brake or particularly a service brake since element 146 is described as a service cylinder. See col. 6 line 52. Claim(s) 7-11, 27, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5601163 to Kent in view of JP-616968 (JP’968). Re: claims 7 and 27. Kent shows in figure 6 a vehicle braking system comprising: a braking linkage, a brake 30, 146 configured to act on at least one braking member 36 of a vehicle via the braking linkage, the braking linkage including at least one device having at least one lining mounting, as labeled, and at least one lining, as labeled, mechanically connected to the at least one lining mounting, at least one lever, as labeled, extending from the brake to the at least one device, wherein the at least one lever is mechanically connected to the at least one lining mounting on an attachment region, shown at 128 in figure 6, of the at least one lining mounting that is located away from the at least one lining and which is no more than 35 mm or 0 mm from a transverse central axis, as labeled, of the at least one device, and at least one force transmission link member, as labeled, mechanically connected at a first end 134 to a mounting 152 of the vehicle, as broadly recited, and at an opposite second end 132 to the lining mounting, as labeled, in immediate proximity to the attachment region of the at least one lever, as labeled, as broadly recited, but is silent with regard to the at least one force transmission link member being substantially L-shaped or S-shaped. JP’968 teaches in figure 9 the use of a braking system including a force transmission link member 51 that is substantially L-shaped. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the at least one force transmission link member of Kent to have been substantially L-shaped, in view of the teachings of JP’968, in order to provide a compact means for force to be transmitted around a corner which may be encountered given the spatial constraints in a vehicle brake system. Examiner notes that immediate proximity is not defined and is therefore broadly interpreted. Re: claims 8, 10, and 11. Kent, as modified, teaches in figure 6 of Kent wherein the at least one force transmission link member, as labeled, extends substantially in a same plane as that in which the at least one lever, as labeled, extends at least in the area where the two components are connected to each other as broadly recited. With regard to claim 11 the rotary joint is shown in the area of element 128 which provides an indirect connection, as broadly recited. Re: claim 9. Kent, as modified, teaches in figure 6 of Kent wherein the at least one force transmission link member, as labeled, is mechanically connected to the vehicle mounting, as labeled, and to the at least one lining mounting, as labeled, by direct or indirect pivotal connections 132 and 128, respectively, as broadly recited. Re: claim 29. Kent, as modified, teaches in figure 6 of Kent a vehicle comprising an axle or the central portion of the wheel 14, for example, as shown in figure 1, a brake disc 36 mounted on the axle; a brake 30, 146 selected from a group consisting of a service brake and a parking brake or particularly a service brake since element 146 is described as a service cylinder. See col. 6 line 52. Claim(s) 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5601163 to Kent in view of US Patent Application 2007/0034462 to Themelin et al. and KR’789. Re: claims 19, 21, and 22. Kent shows in figure 6 a vehicle braking system comprising: a braking linkage, a brake 30, 146 configured to act on at least one braking member 36 of a vehicle via the braking linkage, the braking linkage including at least one device having at least one lining mounting, as labeled, and at least one lining, as labeled, mechanically connected to the at least one lining mounting, at least one lever, as labeled, extending from the brake to the at least one device, wherein the at least one lever is mechanically connected to the at least one lining mounting on an attachment region shown at 128 in figure 6 of the at least one lining mounting that is located away from the at least one lining and which is no more than 35 mm or 0 mm from a transverse central axis of the at least one device, wherein the at least one device comprises plural bearing regions, as labeled, for bearing on the at least one braking member, but is silent with regard to the limitation of the at least one set back region being located between the bearing regions, and is silent with regard to the length being between approximately 15mm and approximately 70mm. Themelin et al. teach in figure 2 the limitation of at least one set back region 123 being located between bearing regions, as labeled. [AltContent: arrow][AltContent: textbox (Transverse central axis)][AltContent: textbox (Plural bearing regions (cl. 21))] [AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: textbox (Setback region (cl. 21))][AltContent: connector][AltContent: textbox (Longitudinal general orientation)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plural bearing regions)][AltContent: arrow] PNG media_image2.png 204 487 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the at least one device of Kent to have included at least one set back region located between bearing regions, in view of the teachings of Themelin et al., in order to provide a ventilation means to improve the life of the brake. KR’789 teaches in claim 2 and in the chart of figure 1 wherein a length of an attachment region 3 of a brake lining mounting 2 extends over a length D between approximately 15mm and approximately 70mm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the length the attachment region of Kent, as modified, to have been between approximately 15mm and approximately 70mm, in view of the teachings of KR’789, in order to spread clamping forces over a relatively larger area and to reduce stress concentration. Re: claims 17 and 18. Kent, as modified, teaches in figure 6 of Kent the use of a brake 30, 146 selected from a group consisting of a service brake and a parking brake or particularly a service brake since element 146 is described as a service cylinder. See col. 6 line 52. With regard to claim 18, see brake disc 36 in figure 6. Re: claim 20. Kent, as modified, teaches in figure 6 of Kent wherein the at least one attachment region (in an alternate interpretation the first attachment region may be interpreted as the upper circumferential end) further comprises a second attachment region or a bottom circumferential end, wherein the first attachment region and the second attachment region extend interruptedly on opposite sides of the traverse central axis, as labeled, i.e. interrupted by internal areas of element 128 as broadly recited, and wherein the system further comprises a force transmission link member, as labeled, mechanically connected at a first end to a mounting of a vehicle and at a second end to the lining mount, as labeled, in immediate proximity to the first attachment region. Examiner notes that immediate proximity is not defined and is therefore broadly interpreted. Re: claim 23. Kent, as modified, teaches in figure 6 of Kent a vehicle comprising an axle or the central portion of the wheel 14, for example, as shown in figure 1, a brake disc 36 mounted on the axle; a brake 30, 146 selected from a group consisting of a service brake and a parking brake or particularly a service brake since element 146 is described as a service cylinder. See col. 6 line 52. Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5601163 to Kent in view of KR’789 as applied above, and further in view of US Patent Application 2007/0034462 to Themelin et al. Kent, as modified, teaches in figure 6 of Kent wherein the at least one device comprises plural bearing regions, as labeled, for bearing on the at least one braking member, but is silent with regard to the limitation of the at least one set back region being located between the bearing regions. Themelin et al. teach in figure 2 the limitation of at least one set back region 123 being located between bearing regions, as labeled. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the at least one device of Kent, as modified, to have included at least one set back region located between bearing regions, in view of the teachings of Themelin et al., in order to provide a ventilation means to improve the life of the brake. Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5601163 to Kent in view of JP’968 as applied above, and further in view of US Patent Application 2007/0034462 to Themelin et al. Kent, as modified, teaches in figure 6 of Kent wherein the at least one device comprises plural bearing regions, as labeled, for bearing on the at least one braking member, but is silent with regard to the limitation of the at least one set back region being located between the bearing regions. Themelin et al. teach in figure 2 the limitation of at least one set back region 123 being located between bearing regions, as labeled. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the at least one device of Kent, as modified, to have included at least one set back region located between bearing regions, in view of the teachings of Themelin et al., in order to provide a ventilation means to improve the life of the brake. [AltContent: arrow][AltContent: textbox (Transverse central axis)][AltContent: textbox (Plural bearing regions (cl. 21))] [AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: arrow][AltContent: textbox (Setback region (cl. 21))][AltContent: connector][AltContent: textbox (Longitudinal general orientation)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Plural bearing regions)][AltContent: arrow] PNG media_image2.png 204 487 media_image2.png Greyscale Allowable Subject Matter Claim 12 is 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. Response to Amendment Upon further review, the finality of the previous Office action has been withdrawn in light of an updated search. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MELODY M BURCH whose telephone number is (571)272-7114. The examiner can normally be reached Monday - Friday 6:30AM-3PM, generally. 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, Robert Siconolfi can be reached at 571-272-7124. 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. mmb February 17, 2026 /MELODY M BURCH/Primary Examiner, Art Unit 3616
Read full office action

Prosecution Timeline

Jan 19, 2022
Application Filed
Mar 09, 2024
Non-Final Rejection — §103
Jun 14, 2024
Response Filed
Jun 14, 2024
Response after Non-Final Action
Nov 11, 2024
Response Filed
Feb 27, 2025
Final Rejection — §103
May 05, 2025
Response after Non-Final Action
Jun 05, 2025
Non-Final Rejection — §103
Sep 08, 2025
Response Filed
Dec 13, 2025
Final Rejection — §103
Jan 26, 2026
Examiner Interview Summary
Jan 26, 2026
Applicant Interview (Telephonic)
Jan 28, 2026
Response after Non-Final Action
Feb 10, 2026
Applicant Interview (Telephonic)
Feb 17, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
64%
Grant Probability
90%
With Interview (+25.9%)
3y 8m
Median Time to Grant
High
PTA Risk
Based on 1029 resolved cases by this examiner. Grant probability derived from career allow rate.

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