Prosecution Insights
Last updated: July 17, 2026
Application No. 18/262,767

HOUSING FOR AN ELECTROMECHANICAL DISC BRAKE ACTUATOR COMPRISING A DAMPING ELEMENT

Final Rejection §102
Filed
Jul 25, 2023
Priority
Jan 26, 2021 — FR 2100709 +1 more
Examiner
LANE, NICHOLAS J
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hitachi Astemo France
OA Round
2 (Final)
66%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
607 granted / 923 resolved
+13.8% vs TC avg
Moderate +7% lift
Without
With
+6.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
45 currently pending
Career history
970
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
70.9%
+30.9% vs TC avg
§102
9.7%
-30.3% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 923 resolved cases

Office Action

§102
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 . Claim Objections Claim 7 is objected to because the word --rotation-- is misspelled (see claim 7, line 5, “rotatin”). Appropriate correction is required. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-3 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dettenberger et al. (US 2013/0203554). Regarding independent claim 1, Dettenberger discloses a case (3) for an electromechanical actuator (see Abstract, FIGS. 1-4), the case including a fastening face (A) (see Annotated FIG. 2, below) configured to couple the case to a motor vehicle disc brake caliper body (see e.g. ¶¶ 0002, 0003), an open face (B) (see Annotated FIG. 2, below) opposite the fastening face with respect to a main vertical direction (see Annotated FIG. 2, below), and on which said open face, a cover (4) is mounted on the open face (see FIG. 2), the cover being adapted to close an opening of said open face (see FIG. 2), the case further including damping elements (104b) associated to the cover (see FIG. 2), the damping elements being interposed between the cover and the case (see FIG. 2), each damping element extends according to the main vertical direction and includes a lower section (C) (see Annotated FIG. 2, below) which is received in an associated housing (20) of the case and an upper section which is received in an associated housing of the cover (see FIGS. 1, 2; upper portion of damping element received in recessed housing section of cover), the lower and upper sections being opposite to each other with respect to the main vertical direction (see FIG. 2). PNG media_image1.png 573 662 media_image1.png Greyscale Regarding claim 2, Dettenberger discloses that said damping elements are compressed between the case and the cover (see FIG. 2, ¶ 0033). Regarding claim 3, Dettenberger discloses two damping elements symmetrically distributed with respect to a middle main axis of the cover (see FIG. 3). Regarding claim 7, Dettenberger discloses that an electromechanical actuator for a motor vehicle disc brake caliper (see Abstract; FIGS. 1-4), including a case according to claim 1 (see claim 1), further including a motor-drive assembly (10) and a mechanical reducer (12, 14) coupled thereto (see FIG. 2), wherein the motor-drive assembly includes an electric motor (see ¶ 0032), wherein elements of the reducer are rotatably mounted about axes parallel to an axis of rotation of the motor extending in said main vertical direction (see FIG. 2). Regarding claim 8, Dettenberger discloses a motor vehicle disc brake caliper (see e.g. ¶¶ 0002, 0003), including an electromechanical actuator according to claim 7 (see claim 7, above). Regarding claim 9, Dettenberger discloses a motor vehicle disc brake (see e.g. ¶¶ 0002, 0003), including a caliper according to claim 8 (see claim 8, above). Response to Arguments Applicant’s arguments with respect to claim 1 have been considered but are moot in view of the new grounds of rejection noted above. Allowable Subject Matter Claims 4-6 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. Regarding claim 4, Dettenberger does not disclose that each section of the damping element is compressed horizontally. Regarding claim 5, Dettenberger does not disclose that the damping element is compressed in the main vertical direction by the case. Rather, Dettenberger discloses that the damping element is compressed by an associated housing (20) of the case (3). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J LANE whose telephone number is (571)270-5988. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM. 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. /NICHOLAS J LANE/Primary Examiner, Art Unit 3616 May 27, 2026
Read full office action

Prosecution Timeline

Jul 25, 2023
Application Filed
Nov 19, 2025
Non-Final Rejection mailed — §102
Feb 19, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12679321
METHOD FOR DETERMINING WEAR VALUES ON AT LEAST A FIRST AND A SECOND VEHICLE BRAKE OF A MOTOR VEHICLE
3y 4m to grant Granted Jul 14, 2026
Patent 12673651
AN ACTUATING DEVICE FOR A BRAKE DISC
3y 3m to grant Granted Jul 07, 2026
Patent 12673654
ELECTROMECHANICAL BRAKE AND METHOD OF OPERATING THE SAME
3y 7m to grant Granted Jul 07, 2026
Patent 12673649
BRAKING SYSTEM OF A VEHICLE
3y 2m to grant Granted Jul 07, 2026
Patent 12668221
BRAKE-BY-WIRE BRAKING SYSTEM FOR VEHICLES, PROVIDED WITH ELECTRIC ACTUATION AND ELECTRIC BACK-UP
4y 9m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
66%
Grant Probability
73%
With Interview (+6.9%)
2y 10m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 923 resolved cases by this examiner. Grant probability derived from career allowance rate.

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