Prosecution Insights
Last updated: April 19, 2026
Application No. 18/561,401

BRAKING SYSTEM WITH BRAKE-BY-WIRE TYPE DISC BRAKES, EQUIPPED WITH DYNAMIC ADJUSTMENT OF THE DISTANCE BETWEEN THE BRAKE DISC AND THE PADS AND RELATED METHOD FOR ADJUSTING THE DISTANCE BETWEEN THE BRAKE DISC AND PADS IN A BRAKE-BY-WIRE TYPE BRAKING SYSTEM

Non-Final OA §102§Other
Filed
Nov 16, 2023
Examiner
LIU, HENRY Y
Art Unit
3654
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Brembo S P A
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
997 granted / 1315 resolved
+23.8% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
19 currently pending
Career history
1334
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
31.9%
-8.1% vs TC avg
§112
13.2%
-26.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1315 resolved cases

Office Action

§102 §Other
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 . DETAILED ACTION This is the first action on the merits for application 18/561401. Claims 20-38 are currently pending in this application. Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 38 is/are rejected under 35 U.S.C. 102a1 as being anticipated by KIM (KR 20170008094). Regarding Claim 38, KIM teaches A control method of a braking system, the control method comprising: providing a braking system for a vehicle comprising: at least one disc brake comprising a brake disc (160) having a disc brake caliper arranged to straddle the brake disc (160), and at least one pair of pads (150) opposite each other and acting on said brake disc from opposite sides along an axial direction of actuation parallel to an axis of rotation of the brake disc, at least one electric actuator [0021], operatively connected to a piston acting as a pusher on at least one of said pads along said axial direction of actuation, and a processing and control unit (100), operatively connected to said electric actuator, and programmed to move said piston and respective pad, along the axial direction of actuation, in a forward position so as to press the pad in contact with the brake disc during a braking demand, and bring the piston and the respective pad into a rest or rearward position, in which a gap is identified between the pad and the brake disc, wherein the processing and control unit is programmed to implement an algorithm that, in absence of the braking demand, operates the electric actuator varying said gap as a function of at least one dynamic parameter of the vehicle that defines a prediction of a demand for braking action, so as to increase the gap when a braking action is not deemed probable, and to reduce the gap when the braking action is deemed probable [0031-[0035]]. When the driver is stepping on the accelerator pedal, it is likely the braking of the vehicle is not required and the air gap between the pad and disk is increased to reduce drag. When the accelerator pedal is released, the air gap is decreased to its initial value. Allowable Subject Matter Claims 20-37 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. A close prior art, YOKOYAMA (WO 2020066645A1), teaches A braking system for a vehicle, comprising:at least one disc brake comprising a brake disc having a disc brake caliper arranged to straddle the brake disc, and at least one pair of pads opposite each other and acting on said brake disc from opposite sides along an axial direction of actuation, parallel to an axis of rotation of the brake disc, at least one electric actuator, operatively connected to a piston acting as a pusher on at least one of said pads along said axial direction of actuation, and a processing and control unit, operatively connected to said electric actuator, and programmed to move said piston and respective pad, along the axial direction of actuation, in a forward position so as to press the pad in contact with the brake disc during a braking demand, and bring the piston and the respective pad into a rest or rearward position, in which a gap is identified between the pad and the brake disc, but does not teach wherein the processing and control unit is programmed to implement an algorithm that, in absence of the braking demand, operates the electric actuator varying said gap as a function of at least one dynamic parameter of the vehicle that defines a prediction of a demand for braking action, so as to increase the gap when the demand for braking action is imminent, and to reduce the gap when the demand for braking action is not imminent in Claim 20. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY Y LIU whose telephone number is (571)270-7018. The examiner can normally be reached 9-5:30 ET. 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, MICHAEL MANSEN can be reached at 5712726608. 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. HENRY Y. LIU Examiner Art Unit 3654 /HENRY Y LIU/ Primary Examiner, Art Unit 3654
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Prosecution Timeline

Nov 16, 2023
Application Filed
Jan 27, 2026
Non-Final Rejection — §102, §Other (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
76%
Grant Probability
88%
With Interview (+12.6%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1315 resolved cases by this examiner. Grant probability derived from career allow rate.

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