Prosecution Insights
Last updated: April 19, 2026
Application No. 18/385,083

BRAKE APPARATUS

Non-Final OA §103
Filed
Oct 30, 2023
Examiner
RASHID, MAHBUBUR
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
HL Mando Corporation
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
88%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
574 granted / 856 resolved
+15.1% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
38 currently pending
Career history
894
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 856 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/30/2023 and 05/15/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-4 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (JP 2021156336 A) in view of Zhang (CN 112901685 B). Regarding claim 1, Kondo discloses a brake apparatus (figs. 1-2) for a vehicle, comprising: a drum (2) configured to rotate together with a wheel of the vehicle; a pair of brake shoes (5 and 6) to which linings for rubbing against a friction surface (2b) on an inner circumferential side of the drum are attached; and a wheel cylinder (8) disposed to contact one end of each of the pair of brake shoes and configured to operate the pair of brake shoes outwardly by receiving braking hydraulic pressure. Kondo does not disclose an air flow path allowing air flow formed inside the friction surface such that the lining and the friction surface are separated by the air flow as recited in claim. However, Zhang discloses a similar drum brake system (figs. 1-2) comprising a drum (1) having an air flow path (3-6) allowing air flow formed inside a friction surface such that a lining and the friction surface are separated by the air flow (note fig. 2). It would have been obvious to one having ordinary skill in the art at the time before filing date of the present application was made to modify the drum of Kondo with the air flow as taught by Zhang will ensure the excellent radiating performance of the drum. Re-claim 2, the modified Kondo discloses the air flow path includes: a first air flow path (5) extending in an axial direction of the drum and provided inside the friction surface; and a second air flow path (3-4) extending from the first air flow path to the friction surface. Re-claim 3, the modified Kondo discloses a plurality of first air flow paths (5) are provided along a side edge of the friction surface, a plurality of second air flow paths (3-4) extend from the first air flow path toward the friction surface, and the first air flow paths and the second air flow paths are arranged at a set number and interval so that the linings and the friction surface maintain a set distance. Re-claim 4, the modified Kondo discloses wherein in the second air flow path (3-4), a first opening connected to the first air flow path (5) and a second opening connected to the friction surface are connected to each other and a flow path diameter is formed to be the same. Regarding claim 9, Kondo discloses a brake apparatus (figs. 1-2) for a vehicle, comprising: a drum (2) configured to rotate together with a wheel of the vehicle; a pair of brake shoes (5 and 6) to which linings for rubbing against a friction surface (2b) on an inner circumferential side of the drum are attached; a wheel cylinder (8) disposed to contact one end of each of the pair of brake shoes and configured to operate the pair of brake shoes outwardly by receiving braking hydraulic pressure; and a restoring member (12) configured to exert a set elastic force and connected to the pair of brake shoes to provide a restoring force after outward operation of the pair of brake shoes. Kondo does not disclose an air flow path allowing air flow formed inside the friction surface such that the lining and the friction surface are separated by the air flow as recited in claim. However, Zhang discloses a similar drum brake system (figs. 1-2) comprising a drum (1) having an air flow path (3-6) allowing air flow formed inside a friction surface such that a lining and the friction surface are separated by the air flow (note fig. 2). It would have been obvious to one having ordinary skill in the art at the time before filing date of the present application was made to modify the drum of Kondo with the air flow as taught by Zhang will ensure the excellent radiating performance of the drum. Re-claim 10, the modified Kondo discloses wherein the air flow path includes: a first air flow path (5) extending in an axial direction of the drum and provided inside the friction surface; and a second air flow path (3-4) extending from the first air flow path to the friction surface. Re-claim 11, the modified Kondo discloses wherein a plurality of first air flow paths (5) are provided along a side edge of the friction surface, a plurality of second air flow paths (3-4) extend from the first air flow path toward the friction surface, and the first air flow paths and the second air flow paths are arranged at a set number and interval so that the linings and the friction surface maintain a set distance. Re-claim 12, the modified Kondo discloses wherein in the second air flow path (3-4), a first opening connected to the first air flow path (5) and a second opening connected to the friction surface are connected to each other, and a flow path diameter is formed to be the same. Claims 5-8 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (JP 2021156336 A) in view of Zhang (CN 112901685 B), further in view of Yao (CN 106763331 A). Regarding claims 5-8 and 13-16, the modified Kondo discloses wherein in the second air flow path (3-4), a first opening connected to the first air flow path (5) and a second opening connected to the friction surface are connected to each other, but fails to disclose a flow path diameter is changed in a set pattern. However, Yao discloses a brake drum (1) with a plurality of heat radiating holes (3-4 in fig. 3) comprising various diameter portions (note the portions 3 and 4 in fig. 3, wherein each hole portions having a tapered end portion). It would have been obvious to one having ordinary skill in the art at the time before filing date of the present application was made to modify the paths of the brake drum of Kondo with diameter changed in any desired set pattern and/or as taught by Yao will increase the radiating area of the brake drum and the radiating efficiency, so as to prolong the service life of the brake drum while saving the maintenance cost (note abstract of Yao). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHBUBUR RASHID whose telephone number is (571)272-7218. The examiner can normally be reached Monday - Friday 9am to 10pm 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, ROBERT SICONOLFI can be reached at 5712727124. 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. /MAHBUBUR RASHID/Examiner, Art Unit 3616 /NICHOLAS J LANE/Primary Examiner, Art Unit 3616
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Prosecution Timeline

Oct 30, 2023
Application Filed
Jan 24, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12590611
SYSTEM FOR PROVIDING A BRAKE FORCE
2y 5m to grant Granted Mar 31, 2026
Patent 12584528
BRAKE ASSEMBLY
2y 5m to grant Granted Mar 24, 2026
Patent 12583425
BRAKE SYSTEM WITH SAFER EMERGENCY STOP FUNCTION AND METHOD FOR SAME
2y 5m to grant Granted Mar 24, 2026
Patent 12578005
FLUID-FILLED VIBRATION DAMPING DEVICE
2y 5m to grant Granted Mar 17, 2026
Patent 12571439
CALIPER BRAKE
2y 5m to grant Granted Mar 10, 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
67%
Grant Probability
88%
With Interview (+20.4%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 856 resolved cases by this examiner. Grant probability derived from career allow rate.

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