Prosecution Insights
Last updated: April 19, 2026
Application No. 18/379,174

BRAKE APPARATUS AND METHOD OF CONTROLLING THE SAME

Non-Final OA §103§112
Filed
Oct 12, 2023
Examiner
TAYLOR II, JAMES JOSEPH
Art Unit
3655
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
HL Mando Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
298 granted / 357 resolved
+31.5% vs TC avg
Strong +25% interview lift
Without
With
+25.4%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
26 currently pending
Career history
383
Total Applications
across all art units

Statute-Specific Performance

§103
37.7%
-2.3% vs TC avg
§102
29.3%
-10.7% vs TC avg
§112
29.9%
-10.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 357 resolved cases

Office Action

§103 §112
DETAILED CORRESPONDENCE 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 . Status of Claims This is the first Office Action on the merits for application no. 18/379,174 filed on October 12th, 2023. Claims 1-20 are pending. Priority Examiner acknowledges the Applicant’s claim to priority of application KR 10-2023-0008305 filed on January 19th, 2023. A certified copy was received on November 12th, 2023. Information Disclosure Statement The information disclosure statements (IDS) submitted on August 20th, 2024 and October 12th, 2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements were considered by the Examiner. Examiner Note Examiner would welcome an interview to clarify any of the various objections and/or rejections seen below in order to expediate prosecution of the instant application. Claim Objections Regarding Claim 9 (line 19), please change the recitation of “extending from a master cylinder to the wheel cylinder” to - - extending from [[a]] the master cylinder to the wheel cylinder - - as antecedent basis has already been established in claim 9. 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. Claim 8 is 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 pre-AIA the applicant regards as the invention. Regarding Claim 8 (p. 44, lines 2-3), in the recitation of “control the plurality of first valves to open a third flow path extending from the first chamber of the cylinder block to the wheel cylinder” the difference between the “first flow path” recited in claim 1 and the “third flow path” recited in claim 8 is unclear. As seen in Figs. 2-3, a single flow path extends from the first chamber (133) of the cylinder block (131). The lack of clarity renders the claim indefinite. Examiner will interpret the third flow path as the first flow path during examination. See MPEP 2173.05(o) – Double Inclusion. 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. Claims 1-2, 6-7, 9-10, 14-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kyo (KR 10-2020-0023935), in view of Hotani (US 9,050,956). Kyo was cited on the IDS filed August 20th, 2024. See translation provided to Applicant with this Office Action. Regarding Claim 1, Kyo teaches a brake apparatus (Figs. 1 and 3, “electronic brake system” 1) comprising: a master cylinder (“master cylinder” 20); a pump (“hydraulic pressure supply device” 100) including a cylinder block (“cylinder block” 111) and a piston (“hydraulic piston” 113) configured to be linearly movable in the cylinder block (111); a motor (“motor” 120) configured to generate a force for linearly moving the piston (113) of the pump (100); a plurality of first valves (“plurality of valves” 221d, 222d, 234) provided on a first flow path (“oil passage” 212) extending from the pump (100) to a wheel cylinder (“wheel cylinder” FL, 40); at least one second valve (“cut valve” 262) provided on a second flow path (“second backup oil path” 252) extending from the master cylinder (20) to the wheel cylinder (FL, 40); and a processor (Fig. 2, “electronic control device” 300; [0126] – “The instructions may be stored in the form of program code, which, when executed by a processor, may generate program modules to perform the operations of the disclosed embodiments”) configured to control the plurality of first valves (221d, 222d, 234) to open the first flow path (212) extending from the pump (100) to the wheel cylinder (FL, 40; see [0097] below), control the at least one second valve (262) to block the second flow path (252) extending from the master cylinder (20) to the wheel cylinder (FL, 40; see [0097] below), and perform control of the motor (120) for moving the piston (113) in a first direction (left in Figs. 1 and 3; [0097] – “Accordingly, when the first and second cut valves (261, 262) are switched to a closed state and the plurality of inlet valves (221a, 221b, 221c, 221d) are kept open, the hydraulic pressure provided from the hydraulic pressure supply device (100) can be supplied to the wheel cylinder (40) through the first and second hydraulic oil passages (211, 212)” and [0051] – “The motor (120) is a device that generates rotational force by a signal output from an electronic control unit (ECU, 300), and can generate rotational force in a forward or reverse direction’), wherein the processor (300) is capable of stopping the control of the motor (120) and control the at least one second valve (262) to open the second flow path (252) extending from the master cylinder (20) to the wheel cylinder (FL, 40; [0097] – “when the first and second cut valves (261, 262) are kept open and the plurality of inlet valves (221a, 221b, 221c, 221d) are kept open, the hydraulic pressure provided from the master cylinder (20) can be supplied to the wheel cylinder (40) through the first and second backup oil passages (251, 252)”). Kyo does not teach “wherein the processor is configured to, based on a rotating speed of the motor and a driving current of the motor while performing the control of the motor for moving the piston in the first direction, stop the control of the motor and control the at least one second valve to open the second flow path extending from the master cylinder to the wheel cylinder”. Hotani teaches a processor (Fig. 2, “electronic control unit” U) is configured to, based on a rotating speed of a motor (Fig. 1, “motor” 44) and a driving current of the motor (44) while performing the control of the motor (44) for moving a piston (“first and second pistons” 48A, 48B) in a first direction (left in Fig. 1), stop the control of the motor (44) and control a valve (“second master cut valve” 33) to open a flow path (“fluid path” Qb) extending from a master cylinder (“master cylinder” 11) to a wheel cylinder (“wheel cylinder” 31; col. 8, lines 24-30 – “However, in accordance with the present embodiment, the idling detection means M1 of the electronic control unit U detects idling of the motor 44 based on the actual stroke of the slave cylinder 42 detected by the slave cylinder stroke sensor Se and the motor rotational speed obtained by differentiating with respect to time the rotational angle of the motor 44 detected by the motor rotational angle sensor Sf”, col. 8, lines 49-59 – “When idling of the motor 44 is detected, the electronic control unit U opens the first and second master cut valves 32 and 33, closes the simulator valve 34, opens the in-valves 56 and 56; 58 and 58 and the regulator valves 54 and 54, closes the out valves 60 and 60; 61 and 61 and the suction valves 68 and 68, stops actuation of the slave cylinder 42, and moves to the back up mode shown in FIG. 4, thereby rapidly switching from braking by means of brake fluid pressure generated by the slave cylinder 42 to braking by means of brake fluid pressure generated by the master cylinder 11 and eliminating any uncomfortable sensation for the driver” and col. 9, line 1 – “FIG. 8 is a map showing the relationship between a torque current Iq and an indicated voltage Vq of a motor 44, which is subject to vector control. When the situation is normal, that is, when the motor 44 is not idling, as shown by the solid line, as the indicated voltage Vq increases the torque current Iq increases at a constant rate of increase, and when the indicated voltage Vq further increases the rate of increase for the torque current Iq gradually decreases. On the other hand, when there is an abnormal situation, that is, when the motor 44 is idling, as shown by the broken line, as the indicated voltage Vq increases the torque current Iq increases at a constant rate of increase that is much lower than that when the situation is normal. By setting the hatched region in the map of FIG. 8 it is therefore possible to reliably and rapidly detect idling of the motor 44 as being when the indicated voltage Vq and the torque current Iq of the motor 44 enter this region” emphasis added). Hotani also teaches “When a motor comes off a slave cylinder housing, or a gear of a speed reduction mechanism is damaged or does not mesh properly and the motor idles, although the motor rotates, the slave cylinder might not be able to generate a brake fluid pressure. In such a case, since the motor is rotating, a control device cannot determine that there is an abnormal state, a delay is caused in switching from braking by means of brake fluid pressure generated by the slave cylinder to braking by means of brake fluid pressure generated by a master cylinder, and the driver might experience an uncomfortable sensation. The present invention has been accomplished in light of such circumstances, and it is an object thereof to enable back up by means of a brake fluid pressure generated by a master cylinder when a slave cylinder motor is idling to be carried out rapidly” (emphasis added; col. 1, lines 34-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the brake apparatus taught by Kyo as suggested by Hotani, such that “wherein the processor is configured to, based on a rotating speed of the motor and a driving current of the motor while performing the control of the motor for moving the piston in the first direction, stop the control of the motor and control the at least one second valve to open the second flow path extending from the master cylinder to the wheel cylinder”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of rapidly applying backup braking pressure during an abnormal state of the primary braking pressure supplied by the pump taught by Kyo. Regarding Claim 2, Kyo and Hotani teach the brake apparatus of claim 1, Kyo teaches a sensor (Fig. 1, “backup hydraulic pressure sensor” PS2) configured to sense a brake input (via “brake pedal” 10). Kyo does not teach “wherein the processor is configured to: set a target pressure based on an output signal of a sensor configured to sense a brake input; and set a target current based on the target pressure”. However, Kyo does teach “Typically, an electronic brake system includes a hydraulic pressure supply device that receives the driver's intention to brake as an electrical signal from a pedal displacement sensor that detects the displacement of the brake pedal when the driver presses the brake pedal and supplies pressure to the wheel cylinder. The hydraulic pressure supply device is configured to generate braking pressure by operating a motor according to the pressure applied to the brake pedal. At this time, braking pressure is generated by converting the rotational power of the motor into linear motion and pressurizing the piston” [0002]. Hotani teaches a processor (Fig. 2, U) is configured to: set a target pressure based on an output signal of a sensor (Fig. 1, “second fluid pressure sensor” Sb) configured to sense a brake input (via “brake pedal” 12); and set a target current based on the target pressure (col. 6, lines 7-16 – “Controlling the actuation of the actuator 43 of the slave cylinder 42 such that the brake fluid pressure due to the slave cylinder 42 detected by the second fluid pressure sensor Sb provided in the fluid path Qb attains a level corresponding to the brake fluid pressure due to the master cylinder 11 detected by the first fluid pressure sensor Sa provided in the fluid path Pa enables a braking force that is commensurate with the amount of operation inputted by the driver into the brake pedal 12 to be generated in the disk brake devices 24 and 25; 28 and 29”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the brake pressure sensor taught by Kyo as suggested by Hotani and Kyo’s description of the prior art (see [0002] above), such that “wherein the processor is configured to: set a target pressure based on an output signal of a sensor configured to sense a brake input; and set a target current based on the target pressure”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of accurately detecting brake input from the user of the brake apparatus taught by Kyo. Regarding Claim 6, Kyo and Hotani teach the brake apparatus of claim 1, Kyo teaches wherein the processor (Fig. 2, 300) is configured to continue to perform the control of the motor (Figs. 1 and 3, 120) for a predetermined time from a start of the control of the motor (120) for moving the piston (113) in the first direction without stopping the control of the motor (120; [0008] – “the electronic control device can transmit a control signal including a command rotation speed value to the motor, calculate an average value of each of the motor rotation speed and the motor current measured over a certain period of time, and determine whether the hydraulic piston has reached the initial position based on the average value of the motor rotation speed and the average value of the motor current”). Regarding Claim 7, Kyo and Hotani teach the brake apparatus of claim 1, Kyo teaches wherein the processor (Fig. 2, 300) is configured to control the motor (Figs. 1 and 3, 120) to move the piston (113) in a second direction (right in Figs. 1 and 3), different from the first direction (left in Figs. 1 and 3), based on whether a distance between the piston (113) and an edge of the cylinder block (111) is within a predetermined range ([0103] – “Taking the hydraulic pressure providing unit (110) operating in tandem as shown in Fig. 3 as an example, in order for the first hydraulic piston (113a) to be positioned at the reference position at the initial operation of the system, the first hydraulic piston (113a) must move backward to the rear of the cylinder block (111), which is the initial position. Afterwards, the first hydraulic piston (113a) is placed at a reference position at a certain distance (e.g., 2 mm) from the rear of the cylinder block (111)”). Regarding Claim 9, Kyo teaches a method of controlling a brake apparatus (Figs. 1 and 3, 1), the method comprising: controlling a plurality of first valves (221d, 222d, 234), provided on a first flow path (212) extending from a pump (100) to a wheel cylinder (FL, 40), to open the first flow path (212), wherein the pump (100) includes a cylinder block (111) and a piston (113) configured to be linearly movable in the cylinder block (111; see Figs. 1 and 3; see [0051] below); controlling at least one second valve (262), provided on a second flow path (252) extending from a master cylinder (20) to the wheel cylinder (FL, 40), to block the second flow path (252; [0097] – “Accordingly, when the first and second cut valves (261, 262) are switched to a closed state and the plurality of inlet valves (221a, 221b, 221c, 221d) are kept open, the hydraulic pressure provided from the hydraulic pressure supply device (100) can be supplied to the wheel cylinder (40) through the first and second hydraulic oil passages (211, 212)); controlling a motor (120) to move the piston (113) in a first direction (left in Fig. 1; [0051] – “The motor (120) is a device that generates rotational force by a signal output from an electronic control unit (ECU, 300), and can generate rotational force in a forward or reverse direction’); and wherein the processor (Fig. 2, 300) is capable of stopping the control of the motor (120) and control the at least one second valve (262) to open the second flow path (252) extending from the master cylinder (20) to the wheel cylinder (FL, 40; [0097] – “when the first and second cut valves (261, 262) are kept open and the plurality of inlet valves (221a, 221b, 221c, 221d) are kept open, the hydraulic pressure provided from the master cylinder (20) can be supplied to the wheel cylinder (40) through the first and second backup oil passages (251, 252)”). Kyo does not teach “based on a rotating speed of the motor and a driving current of the motor while performing the controlling of the motor to move the piston in the first direction, stopping the controlling of the motor and controlling the at least one second valve to open the second flow path extending from a master cylinder to the wheel cylinder”. Hotani teaches based on a rotating speed of a motor (Fig. 1, 44) and a driving current of the motor (44) while performing the controlling of the motor (44) to move a piston (48A, 48B) in a first direction (left in Fig. 1), stopping the controlling of the motor (44) and controlling a valve (33) to open a flow path (Qb) extending from a master cylinder (11) to a wheel cylinder (31; col. 8, lines 24-30 – “However, in accordance with the present embodiment, the idling detection means M1 of the electronic control unit U detects idling of the motor 44 based on the actual stroke of the slave cylinder 42 detected by the slave cylinder stroke sensor Se and the motor rotational speed obtained by differentiating with respect to time the rotational angle of the motor 44 detected by the motor rotational angle sensor Sf” and col. 8, lines 49-59 – “When idling of the motor 44 is detected, the electronic control unit U opens the first and second master cut valves 32 and 33, closes the simulator valve 34, opens the in-valves 56 and 56; 58 and 58 and the regulator valves 54 and 54, closes the out valves 60 and 60; 61 and 61 and the suction valves 68 and 68, stops actuation of the slave cylinder 42, and moves to the back up mode shown in FIG. 4, thereby rapidly switching from braking by means of brake fluid pressure generated by the slave cylinder 42 to braking by means of brake fluid pressure generated by the master cylinder 11 and eliminating any uncomfortable sensation for the driver”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the brake apparatus taught by Kyo as suggested by Hotani, such that “based on a rotating speed of the motor and a driving current of the motor while performing the controlling of the motor to move the piston in the first direction, stopping the controlling of the motor and controlling the at least one second valve to open the second flow path extending from a master cylinder to the wheel cylinder”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of rapidly applying backup braking pressure during an abnormal state of the primary braking pressure supplied by the pump taught by Kyo. Regarding Claim 10, Kyo and Hotani teach the method of claim 9, Kyo teaches a sensor (Fig. 1, PS2) configured to sense a brake input (via “brake pedal” 10). Kyo does not teach “further comprising: setting a target pressure based on an output signal of a sensor configured to sense a brake input; and setting a target current based on the target pressure”. Hotani teaches setting a target pressure based on an output signal of a sensor (Fig. 1, Sb) configured to sense a brake input (via 12); and setting a target current based on the target pressure (col. 6, lines 7-16 – “Controlling the actuation of the actuator 43 of the slave cylinder 42 such that the brake fluid pressure due to the slave cylinder 42 detected by the second fluid pressure sensor Sb provided in the fluid path Qb attains a level corresponding to the brake fluid pressure due to the master cylinder 11 detected by the first fluid pressure sensor Sa provided in the fluid path Pa enables a braking force that is commensurate with the amount of operation inputted by the driver into the brake pedal 12 to be generated in the disk brake devices 24 and 25; 28 and 29”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the brake pressure sensor taught by Kyo as suggested by Hotani and Kyo’s description of the prior art (see [0002] above), such that “further comprising: setting a target pressure based on an output signal of a sensor configured to sense a brake input; and setting a target current based on the target pressure”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of accurately detecting brake input from the user of the brake apparatus taught by Kyo. Regarding Claim 14, Kyo and Hotani teach the method of claim 9, Kyo teaches further comprising continuing to perform the controlling of the motor (Figs. 1 and 3, 120) to move the piston (113) in the first direction (left in Fig. 1) for a predetermined time from a start of the controlling of the motor (120) to move the piston (113) in the first direction (left in Fig. 1) without stopping the controlling of the motor (120; [0008] – “the electronic control device can transmit a control signal including a command rotation speed value to the motor, calculate an average value of each of the motor rotation speed and the motor current measured over a certain period of time, and determine whether the hydraulic piston has reached the initial position based on the average value of the motor rotation speed and the average value of the motor current”). Regarding Claim 15, Kyo and Hotani teach the method of claim 9, Kyo teaches further comprising controlling the motor (Fig. 1, 120) to move the piston (113) in a second direction (right in Fig. 1), different from the first direction (left in Fig. 1), based on whether a distance between the piston (113) and an edge of the cylinder block (111) is within a predetermined range ([0103] – “Taking the hydraulic pressure providing unit (110) operating in tandem as shown in Fig. 3 as an example, in order for the first hydraulic piston (113a) to be positioned at the reference position at the initial operation of the system, the first hydraulic piston (113a) must move backward to the rear of the cylinder block (111), which is the initial position. Afterwards, the first hydraulic piston (113a) is placed at a reference position at a certain distance (e.g., 2 mm) from the rear of the cylinder block (111)”). Regarding Claim 16, Kyo teaches a brake apparatus (Figs. 1 and 3, 1) comprising: a master cylinder (20); a pump (100) including a cylinder block (111), and a piston (113) dividing the cylinder block (111) into a first chamber (“pressure chamber” 112b) and a second chamber (“pressure chamber” 112a) and configured to be linearly movable in the cylinder block (111); a motor (120) configured to generate a force for linearly moving the piston (113) of the pump (100); a plurality of first valves (221d, 222d, 234) provided on a first flow path (212) extending from at least one (112b) of the first chamber (112b) or the second chamber (112a) of the cylinder block (111) to a wheel cylinder (FL, 40; [0097] – “Accordingly, when the first and second cut valves (261, 262) are switched to a closed state and the plurality of inlet valves (221a, 221b, 221c, 221d) are kept open, the hydraulic pressure provided from the hydraulic pressure supply device (100) can be supplied to the wheel cylinder (40) through the first and second hydraulic oil passages (211, 212)”); at least one second valve (262) provided on a second flow path (252) extending from the master cylinder (20) to the wheel cylinder (FL, 40); and a processor (Fig. 2, 300) configured to control the plurality of first valves (221d, 222d, 234) so that the first flow path (212) extends from the first chamber (112b) or the second chamber to the wheel cylinder (FL, 40; [0097] – “Accordingly, when the first and second cut valves (261, 262) are switched to a closed state and the plurality of inlet valves (221a, 221b, 221c, 221d) are kept open, the hydraulic pressure provided from the hydraulic pressure supply device (100) can be supplied to the wheel cylinder (40) through the first and second hydraulic oil passages (211, 212)”), control the at least one second valve (262) to block the second flow path (252) extending from the master cylinder (20) to the wheel cylinder (FL, 40; see [0097] above), and control the motor (120) to move the piston (113) in a first direction (left in Figs. 1 and 3; [0051] – “The motor (120) is a device that generates rotational force by a signal output from an electronic control unit (ECU, 300), and can generate rotational force in a forward or reverse direction” and [0097]), wherein the processor (300) is configured to: based on whether a distance between the piston (113) and an edge of the cylinder block (111) is within a predetermined range, control the motor (120) to move the piston (113) in a second direction (right in Figs. 1 and 3) different from the first direction (left in Figs. 1 and 3; [0103] – “Taking the hydraulic pressure providing unit (110) operating in tandem as shown in Fig. 3 as an example, in order for the first hydraulic piston (113a) to be positioned at the reference position at the initial operation of the system, the first hydraulic piston (113a) must move backward to the rear of the cylinder block (111), which is the initial position. Afterwards, the first hydraulic piston (113a) is placed at a reference position at a certain distance (e.g., 2 mm) from the rear of the cylinder block (111)”), and wherein the processor (300) is capable of stopping the control of the motor (120) and control the at least one second valve (262) to open the second flow path (252) extending from the master cylinder (20) to the wheel cylinder (FL, 40; [0097] – “when the first and second cut valves (261, 262) are kept open and the plurality of inlet valves (221a, 221b, 221c, 221d) are kept open, the hydraulic pressure provided from the master cylinder (20) can be supplied to the wheel cylinder (40) through the first and second backup oil passages (251, 252)”). Kyo does not teach “based on a rotating speed of the motor and a driving current of the motor while controlling the motor, stop a control of the motor and control the at least one second valve to open the second flow path extending from the master cylinder to the wheel cylinder”. Hotani teaches based on a rotating speed of a motor (Fig. 1, 44) and a driving current of the motor (44) while controlling the motor (44), stop a control of the motor (44) and control a valve (33) to open a flow path (Qb) extending from a master cylinder (11) to a wheel cylinder (31; col. 8, lines 24-30 – “However, in accordance with the present embodiment, the idling detection means M1 of the electronic control unit U detects idling of the motor 44 based on the actual stroke of the slave cylinder 42 detected by the slave cylinder stroke sensor Se and the motor rotational speed obtained by differentiating with respect to time the rotational angle of the motor 44 detected by the motor rotational angle sensor Sf” and col. 8, lines 49-59 – “When idling of the motor 44 is detected, the electronic control unit U opens the first and second master cut valves 32 and 33, closes the simulator valve 34, opens the in-valves 56 and 56; 58 and 58 and the regulator valves 54 and 54, closes the out valves 60 and 60; 61 and 61 and the suction valves 68 and 68, stops actuation of the slave cylinder 42, and moves to the back up mode shown in FIG. 4, thereby rapidly switching from braking by means of brake fluid pressure generated by the slave cylinder 42 to braking by means of brake fluid pressure generated by the master cylinder 11 and eliminating any uncomfortable sensation for the driver”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to control the brake apparatus taught by Kyo as suggested by Hotani, such that “based on a rotating speed of the motor and a driving current of the motor while controlling the motor, stop a control of the motor and control the at least one second valve to open the second flow path extending from the master cylinder to the wheel cylinder”, as one of ordinary skill in the art would have recognized there was a reasonable expectation of success in combining known elements, and have the obvious advantage of rapidly applying backup braking pressure during an abnormal state of the primary braking pressure supplied by the pump taught by Kyo. Regarding Claim 20, Kyo and Hotani teach the brake apparatus of claim 16, Kyo teaches wherein the processor (Fig. 2, 300) is configured to continue the control of the motor (120) to move the piston (113) in the first direction (left in Figs. 1 and 3) for a predetermined time after a start of controlling the motor (120) to move the piston (113) in the first direction (left in Figs. 1 and 3) without stopping the control of the motor (120; [0008] – “the electronic control device can transmit a control signal including a command rotation speed value to the motor, calculate an average value of each of the motor rotation speed and the motor current measured over a certain period of time, and determine whether the hydraulic piston has reached the initial position based on the average value of the motor rotation speed and the average value of the motor current”). Allowable Subject Matter Claims 3-5, 11-13 and 17-19 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. Claim 8 would be allowable if rewritten or amended 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 rewritten in independent form including all of the limitations of the base claim and any intervening claims. Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14. As allowable subject matter has been indicated, Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a). Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The prior art of Leiber (US 12,084,012), Bresser (US 10,668,911) and Aizawa (US 7,561,954) listed in the attached "Notice of References Cited" disclose similar brake system comprising master cylinders and pumps related to various aspects of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to James J. Taylor II whose telephone number is (571)272-4074. The examiner can normally be reached M-F, 9:00 am - 5:00 pm EST. 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, Ernesto Suarez can be reached at 571-270-5565. 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. JAMES J. TAYLOR II Primary Examiner Art Unit 3655 /JAMES J TAYLOR II/Primary Examiner, Art Unit 3655
Read full office action

Prosecution Timeline

Oct 12, 2023
Application Filed
Jan 14, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+25.4%)
1y 10m
Median Time to Grant
Low
PTA Risk
Based on 357 resolved cases by this examiner. Grant probability derived from career allow rate.

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