Prosecution Insights
Last updated: August 18, 2026
Application No. 18/081,959

DRUM BRAKE AND ELECTRONIC PARKING BRAKE

Non-Final OA §102§103§112
Filed
Dec 15, 2022
Priority
Mar 11, 2022 — RE 10-2022-0030860
Examiner
BURCH, MELODY M
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hyundai Mobis Co., Ltd.
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
673 granted / 1047 resolved
+12.3% vs TC avg
Strong +26% interview lift
Without
With
+26.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
33 currently pending
Career history
1085
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
29.6%
-10.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1047 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Election/Restrictions Applicant’s election of species I in the reply filed on 4/24/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claim Rejections - 35 USC § 102 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 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. Claim(s) 15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application 2004/0089505 to Audren et al. Re: claim 15. Audren et al. show in figures 2 and 3 an electronic parking brake comprising: a second motor 6; a press nut 7 being combined by a bolt-nut fastening 3 with a circumference of a nut piston 5 of a service brake as described in claim 1 that presses against a shoe or brake member i.e. one of the disks of the multi-disk brake, being configured to be movable toward an axial direction in conjunction with drive of the second motor 6, and being configured to be brought into contact with a bolt screw 1 combined by the bolt-nut fastening with the nut piston 5 to prevent the nut piston from being pushed due to a reaction force of the shoe or brake member or disk of the multi-disk brake; and a second motive power transfer apparatus 19, 20 transferring a rotational force of the second motor 6 to the press nut 7. Re: claim 20. Audren et al. show in figures 2 and 3 wherein at least one portion of the second motor 6 is accommodated together in a housing shown surrounding element 6 and the cylinder surrounding elements 24, 25 along with the connected base along with the housing surrounding element 2 in which the bolt screw 1, the nut piston 5, and the press nut 7 are accommodated, and is arranged on one side of a plate surface of a backplate or base on the right side of figures 2 and 3 in a manner that is in parallel with the bolt screw, the nut piston, and the press nut as shown. 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) 1-3, 6-8, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application 2004/0089505 to Audren et al. in view of KR-102258686 (KR’686). Re: claim 1. Audren et al. show in figures 2 and 3 a brake comprising: a bolt screw 1 being configured to be rotatable in conjunction with drive of a first motor 2; a nut piston 5 being combined by a bolt-nut fastening 3 with a circumference of the bolt screw 1 and being configured to be movable toward a direction in which the nut piston 5 presses against a shoe or brake member i.e. brake disc of the multi-disc brake as described in paragraph [0056], in conjunction of the rotation of the bolt screw 1; and a press nut 7 being combined by the bolt-nut fastening 3 with a circumference of the nut piston 5, being configured to be movable toward an axial direction in conjunction with drive of a second motor 6, and being configured to be brought into contact with the bolt screw 1 as shown in figure 1 to prevent the nut piston 5 from being pushed due to a reaction force of the shoe or brake member as shown in figure 1, but is silent with regard to the brake being a drum brake. KR’686 teaches in figure 5 the use of the brake being a drum brake. 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 brake of Audren et al. to have been a drum brake, in view of the teachings of KR’686, in order to provide a means of including a brake assembly that is protected from the environment since the brake members are enclosed inside the drum. Such an assembly can improve reliability and the overall life of the brake. Re: claim 2. Audren et al., as modified, show in figures 2 and 3 of Audren et al. wherein the first motor 2, the bolt screw 1, and the nut piston 5 are components of a service brake for reducing a traveling speed of a vehicle or for suddenly stopping the vehicle as recited in and understood by claim 1 of Audren et al., wherein the second motor 6 and the press nut 7 are components of a parking brake for parking the vehicle or for keeping the vehicle at a stop as recited in and understood by claim 1 of Audren et al., and wherein the press nut 7 and the bolt screw 1 are spaced in the axial direction away from each other in a state where the nut piston presses against the shoe or brake member of the multi-disc brake due to the drive of the first motor 2 as shown in figure 7, and the press nut 7 is configured to be movable toward the bolt screw due to the drive of the second motor 6 to be into contact with the bolt screw 1 as shown in figure 1. Re: claim 3. Audren et al., as modified, teach in figures 2 and 3 of Audren et al. wherein an inner circumferential portion of the nut piston in an alternate interpretation 3, 5 and an outer circumferential portion of the bolt screw 1 have a screw structure since element 1 is described as a screw and element 3 is described as a nut in which, in a state where the nut piston presses against the shoe or brake member 29 of the multi-disc brake, when the first motor 2 stops being driven, the nut piston 3, 5 is either not self-locked or self-locked in response to the reaction force of the shoe or brake member, and wherein an inner circumferential portion of the press nut 7 and an outer circumferential portion of the nut piston 3, 5 have a screw structure as described in the abstract of Audren et al. in which, in a state where the press nut 7 is brought into contact with the bolt screw 1 toward the axial direction, when the second motor 6 stops being driven, the nut piston 3, 5 is self-locked or not self-locked in response to the reaction force of the shoe or brake member. With regard to whether the arrangements are self-locked or not self-locked, Examiner notes that it would have been obvious to try one or the other. A conclusion of obviousness is supported by this rationale because one of ordinary skill would be choosing from a finite number of identified, predictable solutions with a reasonable expectation of success – 1. Self-locking arrangement or 2. Non self-locking arrangement. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007). See MPEP 2143. 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 arrangement of Audren et al., as modified, in a state where the nut piston presses against the shoe or brake member of the multi-disc brake, when the first motor stops being driven, to have had the nut piston be not self-locked in response to the reaction force of the shoe or brake member, in order to provide a means of avoiding the development of brake drag and to reduce wear. 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 arrangement of Audren et al., as modified, in a state where the press nut is brought into contact with the brake screw toward the axial direction when the second motor stops being driven the nut piston being self-locked in response to the reaction force of the shoe or brake member, in order to provide a means of preventing unintended movement and to improve pedal feel. Re: claim 6. Audren et al., as modified, teach in figures 2 and 3 of Audren et al. wherein the bolt screw 1 comprises: a gear assembly portion 13 being supplied with a rotational force from the first motor 2; a screw extension portion shown in the area near the end of the lead line of element 1 being coaxially continuous with the gear assembly portion as shown and being combined by the bolt-nut fastening 3 with the nut piston 5; and a press contact portion shown at the left end of element 1 shown in figures 2 and 3 being arranged on the gear assembly portion or the screw extension portion or particularly the screw extension portion in a manner that faces the press nut in the axial direction, and being brought int contact with the press nut 7. Re: claim 7. Audren et al., as modified, teach in figures 2 and 3 of Audren et al. wherein the screw extension portion shown in the area at the end of the lead line of element 1 has a smaller diameter than the gear assembly portion 13 as shown, and wherein the press nut 7 is arranged in a manner that faces a first- side lateral-surface portion in the axial direction of the gear assembly portion as shown in the area near the end of the lead line of number 13. Re: claim 8. Audren et al., as modified, teach in figures 2 and 3 of Audren wherein the bolt screw 1 comprises: a gear assembly portion 14 being supplied with a rotational force from the first motor 2; a screw extension portion 21 being combined by the bolt-nut fastening with the nut piston 5; a fixation portion shown in the area of the end of the lead line of 13 being disposed between the gear assembly portion 14 and the screw extension portion 21 and being coaxially continuous with the gear assembly portion 14 and the screw extension portion 21; a press plate 12 being fixed to the fixation portion vi intervening portions and being arranged in a manner that protrudes farther toward a radial direction than the screw extension portion 21 as shown; and a press contact portion shown at the far left of element 1 being arranged on the press plate in a manner that faces the press nut 7 in the axial direction and being brought into contact with the press nut 7. Re: claim 13. Audren et al., as modified, teach in Audren et al. figures 2 and 3 the drum brake further comprising: a housing having one communicating space in which the bolt screw, the nut piston, and the press nut are accommodated, wherein the housing comprises: a first housing unit surrounding first motor 2 in which one portion of a service brake is accommodated; a second housing unit surrounding second motor 6 in which one portion of a parking brake is accommodated; and a combination cylinder unit shown surrounding elements 24, 25 and the connected base shown to the right of figures 2 and 3 having a shape of a hollow cylinder in a portion where the first housing unit and the second housing unit are combined with each other, and at least partially accommodating the bolt screw 1, the nut piston 5, and the press nut 7 with the help of at least one of the other units as broadly recited. Claim(s) 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Application 2004/0089505 to Audren et al. in view of KR-102258686 (KR’686) as applied above, and further in view of US Patent Application 2008/0257672 to Smith et al. Audren et al., as modified, teach in figures 2 and 3 of Audren et al. wherein the second motor 6 and the press nut 7 are components of a parking brake for parking a vehicle or for keeping the vehicle at a stop as recited and understood by claim 1 of Audren et al., wherein the parking brake further comprises: a second motive power transfer apparatus 19, 20 transferring a rotational force of the second motor 6 to the press nut 7, and wherein the second motive power transfer apparatus comprises: a first gear 20 being connected to the second motor 6; and a second gear 19 of which a first-side portion is engaged with the first gear 20 to be rotatable at a speed and of which a second-side portion is engaged with the press nut 7, but is silent with regard to the speed being a reduced speed. Smith al. teach in paragraph [0042] the use of a first gear 407 rotatable at a reduced speed. 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 speed of the first gear of Audren et al., as modified, to have been a reduced speed, in view of the teachings of Smith et al., in order to provide a means of increasing braking force or torque delivered to the brake actuator. Claim Objections Claims 6-10 are objected to because of the following informalities: in claim 6 the phrase “brought int contact” should be amended for grammatical purposes. In claim 8 the phrase “into contract with” should be amended for grammatical purposes. The remaining claims are objected to due to their dependency from claims 6 and 8. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Re: claim 15. The phrases “a second motor” and “a second motive power transfer apparatus” are indefinite because no first motor or first motive power transfer apparatus was previously recited. The remaining claims are indefinite due to their dependency from claim 15. Allowable Subject Matter Claims 9, 10, 12, and 14 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. Claims 16-19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Information Disclosure Statement The information disclosure statements filed 2/13/26 and 2/3/26 fail to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered. Particularly, the Korean Office action is only in Korean with no English explanation of relevance (2/13/26). Also, the German office action was not found (2/3/26). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5246091 to Brooks Sr and US Patent Application 2020/0263749 to Jo teach the use of similar drum brake assemblies. 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 July 11, 2026 /MELODY M BURCH/Primary Examiner, Art Unit 3616
Read full office action

Prosecution Timeline

Dec 15, 2022
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §102, §103, §112 (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
64%
Grant Probability
90%
With Interview (+26.0%)
3y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1047 resolved cases by this examiner. Grant probability derived from career allowance rate.

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