Prosecution Insights
Last updated: August 17, 2026
Application No. 18/306,444

TOOL AND METHOD FOR MEASURING BRAKE FRICTION MATERIAL

Non-Final OA §103
Filed
Apr 25, 2023
Priority
May 06, 2022 — IN 202211026393
Examiner
AUNG, SAN M
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
ArvinMeritor Technology LLC
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
862 granted / 1110 resolved
+25.7% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
26 currently pending
Career history
1145
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
30.4%
-9.6% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1110 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 . Response to Amendment The amendment filed 06/11/2026 has been entered. No amendment has been made and claims 1-20 have been argued by the applicant. Therefore, claims 1-20 are now pending in the application. Claim(s) 1-2, 7-11, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) and further in view of WU (US – 2017/0108323 A1). As per claim 1. David discloses Mechanical Pad Wear Indicator comprising: a sleeve (83, Fig: 2) that includes: a sleeve hole (hole for 82, Fig: 2) that extends along an axis (Fig: 2); and a plunger (82, Fig: 2) that is received in the sleeve hole and moveable along the axis with respect to the sleeve (Fig: 2), the plunger including: a plunger body (82, Fig: 2) that is received in the sleeve hole and that has a plunger indicator region (85, [0029] - [0032], Fig: 2) that provides visual information indicative of a state of wear of friction material of an inboard brake pad assembly (The wear sensing device 40 is coupled to the inboard brake pad assembly 104 at the retaining spring 108, [0047], Fig: 4-5); and a probe (84, Fig: 2) that extends from the plunger body (Fig: 2). David discloses all the structural elements of the claimed invention but fails to explicitly disclose a sleeve slot that extends through the sleeve from the sleeve hole to an outer side of the sleeve that faces away from the axis; a probe that extends from the plunger body through the sleeve slot and past the outer side of the sleeve. WU discloses Measuring Tool For Disc Brake Device Brake Pad comprising: a sleeve slot (43, Fig: 1-2) that extends through the sleeve (3, Fig: 1-2) from the sleeve hole to an outer side of the sleeve that faces away from the axis (Fig: 1-2); a probe (51, Fig: 1-2) that extends from the plunger body (5, Fig: 1-2) through the sleeve slot and past the outer side of the sleeve (Fig: 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of the David to make the sleeve slot that extends through the sleeve from the sleeve hole to an outer side of the sleeve that faces away from the axis and a probe that extends from the plunger body through the sleeve slot and past the outer side of the sleeve as taught by WU in order to enables the measuring tool in question to be used to measure the distance between a brake pad and a brake disc without the need to detach the respective wheel. As per claim 2, David discloses wherein the sleeve has a first end (at 80, Fig: 2) and a second end (end portion at 82, Fig: 2) disposed opposite the first end, and wherein the sleeve hole extends from the first end to the second end (Fig: 2) but fails to explicitly disclose the sleeve slot extends from the first end toward the second end WU further discloses the sleeve slot (43, Fig: 1-2) extends from the first end toward the second end (Fig: 1-2). As per claim 7, David discloses wherein a sleeve indicator region (85, Fig: 2) that provides visual information indicative of the state of wear of friction material of an outboard brake pad assembly is provided on the outer side of the sleeve ([0029] - [0032], Fig: 2). As per claim 8, David discloses Mechanical Pad Wear Indicator comprising: providing a tool (70, Fig: 2) that has a sleeve (83, Fig: 2) that defines a sleeve hole (hold for 82, Fig: 2), a plunger (82, Fig: 2) that has a plunger body (82, Fig: 2) that is received in the sleeve hole (Fig: 2), the plunger body having a plunger indicator region (85, Fig: 2), and a probe (84, Fig: 2) that extends from the plunger body through the sleeve slot (Fig: 2) engaging the tool (70, Fig: 2) with a friction surface of a brake rotor (116, Fig: 4-5) that is configured to be engaged by the friction material (Fig: 4-5); engaging the probe with a backplate of the brake pad assembly (36, Fig: 3) upon which the friction material is disposed ([0049] - [0052], Fig: 3), measuring the friction material with the plunger indicator region ([0042] - [0048], Fig: 2, 4-5). David discloses all the structural elements of the claimed invention but fails to explicitly disclose a probe that extends from the plunger body through the sleeve slot. WU discloses Measuring Tool For Disc Brake Device Brake Pad comprising: a probe (51, Fig: 1-2) that extends from the plunger body (5, Fig: 1-2) through the sleeve slot (Fig: 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of the David to make the probe that extends from the plunger body through the sleeve slot.as taught by WU in order to enables the measuring tool in question to be used to measure the distance between a brake pad and a brake disc without the need to detach the respective wheel. As per claim 9, David discloses wherein engaging the tool (70, Fig: 2) with the friction surface of the brake rotor includes positioning the plunger substantially perpendicular to the friction surface (Fig: 4-5). As per claim 10, WU further discloses wherein engaging the tool (Fig: 1) with the friction surface of the brake rotor includes positioning the sleeve between a brake carrier (Fig: 4) that receives the brake pad assembly and a bottom side of the backplate (Fig: 4). As per claim 11, David discloses wherein engaging the tool (70) with the friction surface includes placing an end of the tool in contact with the friction surface ([0049] - [0052], Fig: 4-5). As per claim 14, David discloses wherein the sleeve (83) has a first end that faces (opposite end of 80, Fig: 2 and 4-5) toward the brake rotor (116, Fig: 4-5) and a second end disposed opposite the first end (Fig: 2), and wherein measuring the friction material with the plunger indicator region (85, Fig: 2) includes visually determining where the plunger indicator region is aligned with the second end (Fig: 2, 4-5). Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) as modified by WU (US – 2017/0108323 A1) as applied to claims 1-2 above, and further in view of Spranza (US - 5,013,318). As per claim 3, David as modified by WU discloses all the structural elements of the claimed invention but fails to explicitly disclose an end cap that is disposed at the first end of the sleeve, wherein the end cap inhibits removal of the plunger from the sleeve hole. Spranza discloses Medical Instrument For Measuring Depth Of Fastener Hold In Bone comprising: an end cap (6, Fig: 1-2) that is disposed at the first end of the sleeve (Fig: 1-2), wherein the end cap inhibits removal of the plunger from the sleeve hole (Fig: 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of David as modified by WU to make the end cap that is disposed at the first end of the sleeve, wherein the end cap inhibits removal of the plunger from the sleeve hole as taught by Stanza in order to provide easy to move the plunger for measuring process and restrict excess movement of the plunger. Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) as modified by WU (US – 2017/0108323 A1) as applied to claim 1 above, and further in view of Salsman (US – 6,237,723 B1). As per claim 4, David as modified by WU discloses a ground plate that is moveably disposed on the sleeve and that has a ground plate hole through which the sleeve extends. Salsman discloses Quick Check Brake Indicator comprising: a ground plate (1, Fig: 1-3) that is moveably disposed on the sleeve (Fig: 2-3) and that has a ground plate hole through which the sleeve extends (Fig: 2-3). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of David as modified by WU to include the ground plate that is moveably disposed on the sleeve and that has a ground plate hole through which the sleeve extends as taught by Salsman in order to indicator is eventually contacted by the braking plate in applying the brakes resulting in a keen vibrational noise. As per claim 5, Salsman further discloses wherein the sleeve hole extends between a first end and a second end of the sleeve (9, Fig: 1-2) and wherein the ground plate (1, Fig: 2-3) is positioned along the axis between the probe and the second end of the sleeve (Fig: 2-3). Claim(s) 6, 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) as modified by WU (US – 2017/0108323 A1) and Salaman (US – 6,237,723 B1) as applied to claims 1, 4-5 above, and further in view of Spranza (US - 5,013,318). As per claim 6, David as modified by WU and Salsman and discloses all the structural elements of the claimed invention wherein the sleeve has a protrusion that is disposed proximate the second end of the sleeve, wherein the protrusion and the probe inhibit removal of the ground plate from the sleeve. Spranza discloses Medical Instrument For Measuring Depth Of Fastener Hold In Bone comprising: wherein the sleeve has a protrusion (4, Fig: 1) that is disposed proximate the second end of the sleeve (Fig: 1), wherein the protrusion and the probe inhibit removal of the ground plate from the sleeve (Fig: 1-2). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of David as modified by WU and Salsman to make the sleeve has a protrusion that is disposed proximate the second end of the sleeve, wherein the protrusion and the probe inhibit removal of the ground plate from the sleeve as taught by Spranza in order to provide easy to move the plunger for measuring process and restrict excess movement of the plunger. Claim 12 recites all the limitations recited in claim 3 and therefore, rejects under the same rationale. Claim 13 recites all the limitations recited in claims 4-5 and therefore, rejects under the same rationale. Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over David et al. (US - 2019/0249735 A1) further in view of Salsman (US – 6,237,723 B1). As per claim 15, David discloses Mechanical Pad Wear Indicator comprising: providing a tool (70, Fig: 2) that has a sleeve (83, Fig: 2) that defines a sleeve hole (hold for 82, Fig: 2), a sleeve indicator region disposed on an outer side of the sleeve (Fig: 1-3), a plunger (82, Fig: 2) that has a plunger body (82, Fig: 2) that is received in the sleeve hole (Fig: 2), and engaging the tool (70, Fig: 3) with a brake carrier (112, Fig: 2) that receives the brake pad assembly (Fig: 4); and measuring the friction material with the sleeve indicator region (85, Fig: 2, 4). David discloses all the structural elements of the claimed invention but fails to explicitly disclose a ground plate that is moveably disposed on the sleeve and has a ground plate hole through which the sleeve extends; engaging the ground plate with a brake caliper that is slidably mounted to the brake carrier. Salsman discloses Gauge Quick Check Brake Indicator comprising; a ground plate (1, Fig: 1-3) that is moveably disposed on the sleeve (Fig: 2-3) and has a ground plate hole (Fig: 2-3) through which the sleeve extends; engaging the ground plate (1, Fig: 5) with a brake caliper that is slidably mounted to the brake carrier (112, Fig: 4). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of David to include the sleeve and has a ground plate hole through which the sleeve extends; and engaging the ground plate with a brake caliper that is slidably mounted to the brake carrier as taught by Salsman in order to provide indicator is eventually contacted by the braking plate in applying the brakes resulting in a keen vibrational noise. It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Mechanical Pad Wear Indicator of the David to make the probe that extends from the plunger body through the sleeve slot.as taught by WU in order to enables the measuring tool in question to be used to measure the distance between a brake pad and a brake disc without the need to detach the respective wheel. As per claim 16, David discloses wherein engaging the tool (70) with the brake carrier (Fig: 4) includes engaging an end of the tool with the brake carrier (112, Fig: 4) and positioning the sleeve substantially parallel to an axis of rotation of a brake rotor (116, Fig: 4). As per claim 17, Salsman further discloses engaging the ground plate (1) with the brake caliper includes engaging the ground plate with a cap of the brake caliper (Fig: 5) and that closes a guide pin opening in the brake caliper that receives a guide pin assembly that is fixedly mounted to the brake carrier (Fig: 5) and upon which the brake caliper is moveably disposed (Fig: 5). As per claim 18, Salsman further discloses wherein engaging the ground plate (1) includes engaging the ground plate with an exterior side of the cap that faces away from the brake pad assembly (Fig: 1-3 and 5). As per claim 19, Salsman further discloses wherein engaging the ground plate (1) includes positioning the ground plate substantially perpendicular to an axis along which the plunger extends (Fig: 5). As per claim 20, Salsman further discloses wherein measuring the friction material includes visually determining where the ground plate is aligned with the sleeve indicator region (Fig: 1-3 and 5). Response to Arguments Applicant’s arguments, see REMARK, filed 06/11/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of David et al. (US - 2019/0249735 A1) and further in view of WU (US – 2017/0108323 A1), Salaman (US – 6,237,723 B1) and Spranza (US - 5,013,318). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 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. /SAN M AUNG/Examiner, Art Unit 3616 /Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
Read full office action

Prosecution Timeline

Apr 25, 2023
Application Filed
Sep 29, 2025
Non-Final Rejection mailed — §103
Jan 21, 2026
Response Filed
Mar 26, 2026
Non-Final Rejection mailed — §103
Jun 11, 2026
Response Filed
Jul 31, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12697954
ELECTRONIC BRAKE SYSTEM
3y 8m to grant Granted Aug 04, 2026
Patent 12698817
ELECTRONICALLY CONTROLLED INTERNAL DAMPER
3y 6m to grant Granted Aug 04, 2026
Patent 12691859
ELECTRONIC BRAKE SYSTEM AND OPERATION METHOD THEREOF
3y 4m to grant Granted Jul 28, 2026
Patent 12692916
BRAKE ASSEMBLY WITH BEARING RETAINER
3y 1m to grant Granted Jul 28, 2026
Patent 12680590
NONLINEAR INERTIA-BASED VIBRATION ISOLATION SYSTEM
2y 9m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
98%
With Interview (+20.4%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1110 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month