Prosecution Insights
Last updated: July 17, 2026
Application No. 18/490,142

ELECTROMECHANICAL BRAKE ACTUATOR FOR ELECTROMECHANICAL BRAKE ARRANGEMENT

Non-Final OA §103
Filed
Oct 19, 2023
Priority
Oct 21, 2022 — EU 22203042.1
Examiner
RASHID, MAHBUBUR
Art Unit
3616
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
ZF Friedrichshafen AG
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
588 granted / 871 resolved
+15.5% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
24 currently pending
Career history
904
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
74.1%
+34.1% vs TC avg
§102
12.3%
-27.7% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 871 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 filed 10/19/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The foreign patent documents have not been considered. 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. 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. Claims 1, 2, 4, 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109703541 B) in view of Gerber-Papin et al. (US 2016/0167684 A1). Regarding claims 1-2, Wang discloses an electromechanical brake actuator (note the electric braking device in figs. 1-2), comprising: a service-brake unit (1-5 and 15) including: a service-brake rod (4, 15), for applying a variable braking force to an external caliper (12-14); a service-actuation unit (1-3) that receives receive a service-brake signal (note the vehicle needs to brake in the driving process, driven by the output torque of the servo motor 1, the transmission variable torque gear set 2 and the transmission gear 3 pushes the brake rack top rod 4 to move, so as to realize the driving brake of the vehicle by the brake mechanism of the brake wheel connected with the brake rack top rod 4; in the servo motor 1 drives the brake rack top rod 4 reciprocating movement process, can realize different brake torque, adjusting the brake speed, realizing different driving brake mode, etc.) and, in dependence thereof, moves the service-brake rod (4) to a position between a full braking position, at which a maximum braking force is applied to the caliper (13), and a drive position (note fig. 2), at which no braking force is applied to the caliper (13); wherein the electromechanical brake actuator further comprises: a parking-brake unit (6-11), including: a parking-brake rod (7) operatively coupled to the service-brake rod (4) and movable between a first position (note when the spring 6 is fully extended), in which the parking-brake rod (7) is arranged to lock the service-brake rod (4) in a braking position, and a second position (note when the spring 6 is fully compressed) in which the service-brake rod (4) is released from the braking position and free to be moved by the service-actuation unit (1-3); and a parking-actuation unit (6, 8-10) comprising a spring element (6) operatively coupled to the parking-brake rod (7) and arranged so that in a fully-compressed state of the spring element (6) the parking-brake rod (7) is in the second position, and in a fully-released state of the spring element (6) the parking-brake rod (7) is in the first position. Wang discloses all claimed limitations as set forth above but fails to disclose the parking-actuation unit further comprising a hydraulic unit that is operatively coupled to the parking-brake rod and that receives a parking-brake signal and, in dependence thereof, locks the parking-brake rod at a given position, and further allows a release of the spring element to the fully-released state as recited in the claim. However, Gerber-Papin et al. discloses a brake system comprising: a service brake unit and a parking brake unit, wherein the parking unit comprising: a parking brake pressure chamber 25 including a piston 23 configured to act on a spring member 24, wherein the parking unit 7 is operated by a hydraulic unit (note the valve 55, the reservoir 51, the pressure regulator 52, the parking brake line 58, and the control signal line 67 in fig. 1) that is operatively coupled to a parking-brake rod 20 and that receives a parking-brake signal and, in dependence thereof, locks the parking-brake rod at a given position, and further allows a release of the spring element to the fully-released state (note [0122]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parking unit of Wang to include a hydraulic unit as taught by Gerber-Papin et al. to provide a customizable parking control over the parking operation using hydraulics rather than only the spring or in case of spring failure. Re-claim 4, the modified system of Wang in view of Gerber-Papin et al. discloses the hydraulic cylinder (2) is a single-acting cylinder, wherein the first chamber (25) is located inside the hydraulic cylinder (2) and the second chamber (51) is a reservoir arranged outside the hydraulic cylinder (2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parking unit of Wang to include a hydraulic unit as taught by Gerber-Papin et al. will further support a reliable parking operation. Re-claim 10, the modified system of Wang discloses the service-actuation unit (1-4 of Wang) is further arranged and configured to compress the spring element (6) and to drive the parking-brake rod (7) to the second position. Re-claim 14, the modified system of Wang discloses the braking position parking-brake rod (7) is arranged to lock the service-brake rod (4) in a braking position corresponding to the full braking position. Claims 1-3, 5, 6, 10, 14, 15, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109703541 B) in view of Stefan (DE 10327185 A1). Regarding claims 1-2, Wang discloses an electromechanical brake actuator (note the electric braking device in figs. 1-2), comprising: a service-brake unit (1-5 and 15) including: a service-brake rod (4, 15), for applying a variable braking force to an external caliper (12-14); a service-actuation unit (1-3) that receives receive a service-brake signal (note the vehicle needs to brake in the driving process, driven by the output torque of the servo motor 1, the transmission variable torque gear set 2 and the transmission gear 3 pushes the brake rack top rod 4 to move, so as to realize the driving brake of the vehicle by the brake mechanism of the brake wheel connected with the brake rack top rod 4; in the servo motor 1 drives the brake rack top rod 4 reciprocating movement process, can realize different brake torque, adjusting the brake speed, realizing different driving brake mode, etc.) and, in dependence thereof, moves the service-brake rod (4) to a position between a full braking position, at which a maximum braking force is applied to the caliper (13), and a drive position (note fig. 2), at which no braking force is applied to the caliper (13); wherein the electromechanical brake actuator further comprises: a parking-brake unit (6-11), including: a parking-brake rod (7) operatively coupled to the service-brake rod (4) and movable between a first position (note when the spring 6 is fully extended), in which the parking-brake rod (7) is arranged to lock the service-brake rod (4) in a braking position, and a second position (note when the spring 6 is fully compressed) in which the service-brake rod (4) is released from the braking position and free to be moved by the service-actuation unit (1-3); and a parking-actuation unit (6, 8-10) comprising a spring element (6) operatively coupled to the parking-brake rod (7) and arranged so that in a fully-compressed state of the spring element (6) the parking-brake rod (7) is in the second position, and in a fully-released state of the spring element (6) the parking-brake rod (7) is in the first position. Wang discloses all claimed limitations as set forth above but fails to disclose the parking-actuation unit further comprising a hydraulic unit that is operatively coupled to the parking-brake rod and that receives a parking-brake signal and, in dependence thereof, locks the parking-brake rod at a given position, and further allows a release of the spring element to the fully-released state as recited in the claim. However, Stefan discloses a brake system comprising: at least a parking brake unit (10), wherein the parking unit comprising: a parking brake pressure chambers 18 and 28 including a piston 22 configured to act on a spring member 38, wherein the parking unit is operated by a hydraulic unit (note the valve 26, and the reservoir 36, that is operatively coupled to a parking-brake rod 24 and that receives a parking-brake signal and, in dependence thereof, locks the parking-brake rod at a given position, and further allows a release of the spring member 38 to the fully-released state. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parking unit of Wang to include a hydraulic unit as taught by Stefan to provide a customizable parking control over the parking operation using hydraulics rather than only the spring or in case of spring failure. Re-claim 3, the modified system of Wang in view of Stefan discloses the hydraulic cylinder (20) is a double acting cylinder, wherein the first chamber (30) and the second chamber (28) are located inside the double acting cylinder (20) and separated by the piston (22). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parking unit of Wang to include a hydraulic unit and the double acting parking cylinder as taught by Stefan will further support a reliable parking operation. Re-claims 5-6, the modified system of Wang in view of Stefan discloses the electrically controlled valve unit includes a manifold valve (26), in particular a 2/2-way solenoid valve being operable in a first state of the manifold valve in fluid communication with the first chamber (18) is connected to a second port of the manifold valve in fluid communication with the second chamber (28) and therefore a movement of the piston (22) inside the hydraulic cylinder (20) is enabled, and a second state in which the first port is disconnected from the second port and therefore a movement of the piston inside the hydraulic cylinder is hindered (note that Stefan discloses a 2/2-way solenoid valve that is open in its normally open position 26 arranged, which has two chambers 28, 30 of the cylinder 20 connects with each other, wherein, in its open basic position causes the solenoid valve 26 a pressure equalization on both sides of the piston 22, to actuate the piston cylinder unit 20, the solenoid valve 26 closed and thereby the two chambers 28, 30 of the cylinder 20 hydraulically separated from each other, wherein, a hydraulic pump 32 that with an electric motor 34 is driven, promotes hydraulic fluid (brake fluid) in a piston rod side chamber 28 of the cylinder 20 and thereby moves the piston 22 and the piston rod 24 so that a pull on the cables 14 is exercised, the two wheel brakes 16 actuated, wherein, by the piston movement from the piston rod 24 remote chamber 30 of the cylinder 20 displaced hydraulic fluid flows through a brake line 35 in the wheel brakes 16 and acts on these in addition to the mechanical operation with the actuator 12 hydraulically, wherein, one in the cylinder 20 used piston return spring 38 moves the piston 22 after a pressure equalization in the two chambers 28, 30 of the cylinder 20 by opening the valve 26 back to its original position). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parking unit of Wang to include a hydraulic unit as taught by Stefan will further support a reliable parking operation. Re-claim 10, the modified system of Wang discloses the service-actuation unit (1-4 of Wang) is further arranged and configured to compress the spring element (6) and to drive the parking-brake rod (7) to the second position. Re-claim 14, the modified system of Wang discloses the braking position parking-brake rod (7) is arranged to lock the service-brake rod (4) in a braking position corresponding to the full braking position. Re-claim 15, the modified system of Wang discloses the hydraulic unit (118) locks the parking-brake rod (112) at a given position when a hydraulic valve (132) of the hydraulic unit (118) is switched to a “close” state, and the hydraulic unit (118) allows a release of the spring element (116) when a hydraulic valve (132) of the hydraulic unit (118) is in an “open” state. Regarding claim 19, Wang discloses an electromechanical brake arrangement (note figs. 1-2), comprising: an electromechanical brake actuator (1) according to claim 1, a caliper (13) connected to the service-brake rod (15) and configured to apply a braking force to a brake disc (12) but fails to disclose the amount of the braking force being dependent on a position of the service-brake rod, and a brake control unit in signal communication with the service-actuation unit and the parking-actuation unit and configured to generate and electrically provide the service-brake signal and the parking-brake signal. However, Stefan discloses a displacement sensor 63 arranged, with which a way or a position of the piston 22 the actuator 12 the parking brake system 10 is detectable, wherein, the displacement sensor 63 allows control of an operating force of the actuator 12 and a statement of their respective position and thus of their condition (resolved or actuated), wherein, the displacement sensor 63 can measure incrementally or absolutely. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed to modify the parking unit of Wang to include a displacement sensor as taught by Stefan will further support further support a customizable parking control over the parking operation via only the spring. Regarding claim 20, Wang discloses a commercial vehicle, in particular an electric commercial vehicle, comprising an electromechanical brake arrangement according to claim 19, wherein a respective brake disc (12) is connected to a corresponding wheel of the vehicle (note Wang discloses a vehicle braking system, comprising the following system scheme: system scheme one, comprising a controller and a brake mechanism corresponding to each wheel; the brake mechanism is driven by the electric brake device to brake the wheel and also note fig. 3 for a commercial vehicle). Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 109703541 B) in view of Stefan (DE 10327185 A1) or Gerber-Papin et al. (US 2016/0167684 A1) as set forth above, and further in view of Peter (DE 102019108403 A1). Regarding claims 7-8, the modified system of Wang in view of Stefan or Gerber-Papin et al. as set forth above discloses all claimed limitations fails to discloses a flow-control unit arranged between the electrically controlled valve unit and the hydraulic cylinder for controlling a flow amount between the first chamber and the second chamber. However, Peter discloses a parking system comprising: a hydraulic unit including a valve (33), a parking brake chamber (28) and a flow control valve (52). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parking unit of Wang to include a flow control valve as taught by Peter will further support a reliable parking operation. Allowable Subject Matter Claims 9, 11-13 and 16-18 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. 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 /DAVID R MORRIS/Primary Examiner, Art Unit 3616
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Prosecution Timeline

Oct 19, 2023
Application Filed
Jun 25, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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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
68%
Grant Probability
88%
With Interview (+20.6%)
3y 3m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 871 resolved cases by this examiner. Grant probability derived from career allowance rate.

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