Prosecution Insights
Last updated: October 02, 2026
Application No. 18/385,097

BRAKE ASSEMBLY COMPRISING DEVICE FOR GENERATING WARNING SIGNAL

Non-Final OA §103
Filed
Oct 30, 2023
Priority
May 31, 2023 — DE 102023205092.7
Examiner
RASHID, MAHBUBUR
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
HL Mando Corporation
OA Round
2 (Non-Final)
68%
Grant Probability
Favorable
2-3
OA Rounds
4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
595 granted / 878 resolved
+15.8% vs TC avg
Strong +20% interview lift
Without
With
+20.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
35 currently pending
Career history
906
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
46.0%
+6.0% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
22.1%
-17.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 878 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 Amendments submitted on 06/09/2026 have been considered and entered. Claims 1-9 and 12-16 have been amended and claims 10 and 11 have been canceled. Claims 1-9 and 12-16 are pending in the present application. 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 1-8 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20090012681 A) in view of Kim (KR 20200120094 A). Regarding claim 1, Kim ‘681 discloses a brake assembly (note figs. 1-3) for braking a vehicle wheel, the brake assembly comprising at least one device (1-4 in fig. 2) that is configured to generate an acoustic warning signal or a visual warning signal. Kim ‘681 discloses all claimed limitations as set forth above but fails to disclose a cover, wherein the cover is movable, and wherein the cover comprises a brake dust collecting material as recited in the claim. However, Kim ‘094 discloses a brake assembly comprising a brake dust collecting device having a movable cover unit (note 15, 151-152 in fig. 3) including a brake friction material dust collecting unit (11-14 in fig. 3). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to modify the brake assembly of Kim ‘681 to include the brake dust collecting device as taught by Kim ‘094 will prolong service life of the brake members while improving the braking operation efficiency. Re-claim 2, Kim ‘681 discloses the brake assembly is a brake caliper assembly comprising a brake caliper housing (53) and a brake pad carrier (51). Re-claim 3, Kim ‘681 discloses the device is arranged in recess provided in one of the brake caliper housing or the brake pad carrier (note the sensor 1 is located on the recess portion of the caliper housing (53)(50) shown in fig. 1). Re-claim 4, Kim ‘681 discloses the recess is provided in an outwardly facing surface of the one of the brake caliper housing or the brake pad carrier, said surface facing away from a brake disc that is to be braked by the brake assembly (note the sensor 1 is located on the recess portion of the caliper housing (53)(50) shown in fig. 1). Re-claim 5, Kim ‘681 discloses the at least one device is arranged at a surface comprised by a finger portion of the brake caliper housing or at another outwardly facing surface of the one of the brake caliper housing or the brake pad carrier (note the sensor 1 is located on the finger portion (53) of the caliper housing (53)(50) shown in fig. 1). Re-claim 6, Kim ‘681 discloses the at least one device (1 in fig. 1) is arranged at a surface comprised by a bridge section of the brake caliper housing. Re-claim 7, Kim ‘681 discloses the at least one device (1 in fig. 1) is arranged at a surface comprised by a trailing edge portion of the brake caliper housing or by a leading edge portion of the brake caliper housing. Re-claim 8, Kim ‘681 discloses the brake assembly further comprises an electric line (note the line connected to the sensor 1 shown in fig. 2) connected to the at least one device (1), the electric line being flexible and configured to compensate for a movement of the at least one device when operating the brake assembly. Re-claim 13, Kim ‘681 discloses a control unit (2) configured to generate signals prompting the at least one device to generate the at least one of the acoustic warning signal or the visual warning signal. Re-claim 14, Kim ‘681 discloses the at least one device (1 in fig. 1) is arranged at the brake caliper housing. Re-claim 15, Kim ‘681 discloses the at least one device (55) is arranged at the brake pad. Re-claim 16, Kim ‘681 discloses all claimed limitations as set forth above including the at least one device is arranged at the brake caliper but fails to disclose the device to be arranged at the pad carrier as recited in the claim. It would have been obvious to one having ordinary skill in the art at the time before the filing date of the present application was made to arrange the sensor device of Kim at the pad carrier, since it has been held that rearranging parts of an invention involves only routine skill in the art as such arrangement of the device would protect the device from harsh environment and thus prolong the life of the device. Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Ruiz (CA 3128652 A1) in view of Kim (KR 20200120094 A). Regarding claim 1, Ruiz discloses a brake assembly (note figs. 1-5) for braking a vehicle wheel, the brake assembly comprising at least one device (54) that is configured to generate an acoustic and/or a visual warning signal. Ruiz discloses all claimed limitations as set forth above but fails to disclose a cover, wherein the cover is movable, and wherein the cover comprises a brake dust collecting material as recited in the claim. However, Kim discloses a brake assembly comprising a brake dust collecting device having a movable cover unit (note 15, 151-152 in fig. 3) including a brake friction material dust collecting unit (11-14 in fig. 3). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to modify the brake assembly of Ruiz to include the brake dust collecting device as taught by Kim will prolong service life of the brake members while improving the braking operation efficiency. Re-claim 2, Ruiz discloses the brake assembly is a brake caliper assembly comprising a brake caliper housing (38 in fig. 2) and a brake pad carrier (30). Claims 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (US 11,338,746 B2) in view of Kim (KR 20200120094 A). Regarding claims 1 and 9, Kobayashi et al. discloses an electric brake, a pair of signal lines connected to a sensor that measures the rotation speed of a wheel, a pair of power lines connected to a brake caliper, a pair of signal lines and a pair of power lines disclosed is the use of a composite cable having a sheath that collectively covers the wires (note the abstract, fig. 6 and col. 1, lines 10-15). Kobayashi et al. discloses all claimed limitations as set forth above but fails to disclose a cover, wherein the cover is movable, and wherein the cover comprises a brake dust collecting material as recited in the claim. However, Kim discloses a brake assembly comprising a brake dust collecting device having a movable cover unit (note 15, 151-152 in fig. 3) including a brake friction material dust collecting unit (11-14 in fig. 3). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to modify the brake assembly of Kobayashi et al. to include the brake dust collecting device as taught by Kim will prolong service life of the brake members while improving the braking operation efficiency. Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yu (CN 208966932 U) in view of Kim (KR 20200120094 A). Regarding claims 1 and 12, Yu discloses a drum brake assembly (fig. 2) for braking a vehicle wheel, the brake assembly comprising at least one device (5-8) that is configured to generate an acoustic and/or a visual warning signal. Yu discloses all claimed limitations as set forth above but fails to disclose a cover, wherein the cover is movable, and wherein the cover comprises a brake dust collecting material as recited in the claim. However, Kim discloses a brake assembly comprising a brake dust collecting device having a movable cover unit (note 15, 151-152 in fig. 3) including a brake friction material dust collecting unit (11-14 in fig. 3). It would have been obvious to one having ordinary skill in the art at the time before the effective filing date of the present application was made to modify the brake assembly of Yu to include the brake dust collecting device as taught by Kim will prolong service life of the brake members while improving the braking operation efficiency. Response to Arguments Applicant’s arguments with respect to claims 1-9 and 12-16 have been considered but are moot because the new ground of rejection does not rely on some reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 /Robert A. Siconolfi/Supervisory Patent Examiner, Art Unit 3616
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Prosecution Timeline

Oct 30, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection mailed — §103
Jun 09, 2026
Response Filed
Sep 04, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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WHEEL AND BRAKE ASSEMBLY
3y 6m to grant Granted Sep 29, 2026
Patent 12722614
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Patent 12723630
NO-BACK BRAKE HAVING A LIMITED AUTHORITY DAMPER
2y 12m to grant Granted Sep 01, 2026
Patent 12716465
Tri-Adaptive Apparatus for Shock and Vibration Protection
2y 4m to grant Granted Aug 25, 2026
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3y 4m to grant Granted Aug 11, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
68%
Grant Probability
88%
With Interview (+20.4%)
3y 3m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 878 resolved cases by this examiner. Grant probability derived from career allowance rate.

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