Prosecution Insights
Last updated: July 17, 2026
Application No. 18/360,716

BRAKE NODES

Non-Final OA §103
Filed
Jul 27, 2023
Priority
Jul 27, 2022 — provisional 63/392,823
Examiner
SCHWARTZ, CHRISTOPHER P
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Divergent Technologies Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1671 granted / 1954 resolved
+33.5% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
39 currently pending
Career history
1978
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
77.8%
+37.8% vs TC avg
§102
2.5%
-37.5% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1954 resolved cases

Office Action

§103
DETAILED ACTION Information Disclosure Statement The Information disclosure statements have been received and considered. Election/Restrictions Applicant’s election without traverse of Species A in the reply filed on 5/21/26 is acknowledged. Claims 17-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/21/26. Claim Rejections - 35 USC § 103 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barale et al. 11,118,642 in view of EP 3,128,200 (Barale et al). Regarding claim 1 Barale ‘642 shows in figures 1-10: A vehicle structure comprising: a caliper portion 7 configured to apply a braking force, the caliper portion including an inner housing 52 (see fig 10), an outer housing 27, and a bridge portion 10, wherein the bridge portion 10 connects the inner housing 52 and the outer housing 27; an upright portion 13,14 configured to couple to a wheel of a vehicle, the upright portion 13,14 being ‘connected to’ the inner housing 52; and a ‘stiffening portion’ (as broadly claimed) 41,48 and/or 55,56 that connects the upright portion 13,14 to at least the bridge portion 10 or the outer housing 27. Barale however lacks specifically stating that the stiffening portion 41,48 and/or 55,56 is in fact a ‘stiffening portion’ or portions that are stiffer/ add rigidity to the rest of the brake caliper. Nevertheless Barale ‘200 (same inventor) shows, in the several different embodiments, a brake caliper having areas 7,20 that may be formed by an additive manufacturing or 3D Printing process. IN paras 0015-0017 Barale states: Thanks to the provision of a caliper body comprising at least one Reticular Portion obtained by means of an additive manufacturing technique, or by growth of material, it is possible to provide a caliper body that ensures an excellent heat exchange, maintaining a structure that is light although resistant to the structural and dynamic stresses that develop in the caliper body during the braking action. Moreover, thanks to the provision of a caliper body comprising at least one portion obtained by means of an additive manufacturing technique it is possible to position material where there is the greatest need to structurally reinforce the caliper body, to form a geometric sealing element, suitable for encircling, wrapping around, or enveloping at least one portion of caliper body suitable for performing mainly functional functions. Thanks to the provision of a caliper body comprising a large reticular portion, with geometry suitable for providing high structural resistance whilst still maintaining hollow volumes, capable of ensuring optimal thermal performance, it is possible to significantly increase the extension of the heat exchange surface of the caliper body. (NOTE: “Reticular Portion”-- In mechanical engineering, the reticular portion refers to a section or component of a structure that is made up of an interconnected network of bars or elements arranged in a grid-like pattern, often forming triangles or other geometric shapes--- Interconnected bars: The reticular portion is composed of multiple bars joined at points called nodes.) One having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have made the ‘stiffening portions’ 41,48 and/or 55,56 of Barale ‘642 with a higher stiffness than other portions of the brake caliper, as taught by the additive manufacturing technique in Barale ‘200 at 7,20 simply to make the brake caliper more rigid in necessary areas dependent upon a specific vehicle and/or application. Regarding claims 2-9, as described above Barale, as modified, meets the claimed requirements. Regarding claim 10 see figure 9 at 40. Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barale ‘642/Barale ‘200 as applied to claim 1 above, and further in view of Blackwell 10,619,686 or Smith 11,313,426. Regarding claims 11-14 Barale ‘642, as modified, lacks specifically showing a 3D printed cooling channel within the caliper portion. However it is known to provide brake caliper arrangements with such cooling ducts or channels to conduct fluid/air flow through portions of the caliper in heavy duty or high performance brake applications to dissipate heat. The reference to Blackwell shows a cooling channel at 7 and Smith shows cooling ducts at 160. Both of these references can use an additive manufacturing and/or 3D printing process to form the calipers. One having ordinary skill in the art would have found it obvious to have provided at least one cooling channel/duct in the device of Barale ‘642, as taught by either Blackwell or Smith, for the reasons above. Claim(s) 15,16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barale ‘642/Barale ‘200 as applied to claim 1 above, and further in view of Bourlon 10,597,017 Regarding claims 15,16 Barale ‘642, as modified, lacks specifically showing a printed in channel for installing at least a ‘wiring’ (i.e. cable) or a sensor. However it is known to provide sensors in brake caliper applications to measure wear/abs or other parameters of the brake and/or wheel components. The reference to Bourlon provides the caliper with a channel at 4,41 for the provision of a cable/sensor arrangement. It would have been obvious to have added a channel for the provision of a cable somewhere in the brake caliper arrangement of Barale for the reason above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M.. 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, Rob 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. /CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616 6/11/26
Read full office action

Prosecution Timeline

Jul 27, 2023
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12679497
BRAKE SYSTEM FOR BICYCLES
4y 7m to grant Granted Jul 14, 2026
Patent 12680583
BRAKE CALIPER ASSEMBLY HAVING GUIDE PIN WITH NON-CIRCULAR CROSS-SECTION
2y 11m to grant Granted Jul 14, 2026
Patent 12679163
TRACK BAR BUSHING SYSTEM FOR VEHICLE WOBBLE MITIGATION
2y 7m to grant Granted Jul 14, 2026
Patent 12673650
ELECTROPNEUMATIC VALVE UNIT FOR A COMMERCIAL VEHICLE
2y 6m to grant Granted Jul 07, 2026
Patent 12668213
DISPLACEMENT DETECTION SYSTEM AND DISPLACEMENT DETECTION METHOD FOR BRAKE PEDAL
2y 8m 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

1-2
Expected OA Rounds
86%
Grant Probability
92%
With Interview (+6.1%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1954 resolved cases by this examiner. Grant probability derived from career allowance rate.

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