Prosecution Insights
Last updated: August 16, 2026
Application No. 18/688,876

ELECTRIC BRAKE APPARATUS AND DRIVE UNIT

Non-Final OA §102§103
Filed
Aug 22, 2024
Priority
Dec 20, 2021 — JP 2021-206048 +1 more
Examiner
NGUYEN, LILLIAN T
Art Unit
Tech Center
Assignee
Hitachi Astemo Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
601 granted / 715 resolved
+24.1% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
33 currently pending
Career history
748
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
35.9%
-4.1% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
30.1%
-9.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 resolved cases

Office Action

§102 §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 . Status of Claims This is the first action on the merits for application 18/688,876 filed on 03/04/2024. Claims 1-15 are pending. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/16/2024 has been considered by the examiner. Claim Rejections - 35 USC § 102 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 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) 1-3, 10-11, 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by HAGIWARA (US 20200278000 A1). HAGIWARA discloses Claim 1: An electric brake apparatus (fig.1-2) comprising: an electric motor (1); a rotational member (5) configured to rotate based on driving of the electric motor (1); a linear motion member (7) configured to linearly move in an axial direction of a disk (12) due to the rotation of the rotational member (5) and move a frictional pad (11b) (¶[0024]-[0025]); a torque transmission member (19-as it receives torque from the clutch 14 and transmit it to return spring 13 see ¶[0047]); a torque limiter mechanism (14) disposed between (i.e. in radial direction) the rotational member (5) and the torque transmission member (19), the torque limiter mechanism (14) being configured to cause the torque transmission member (19) to rotate together (via 14b) with the rotational member (5) until a rotational resistance force between the rotational member (5) and the torque limiter mechanism (14) exceeds a predetermined value (¶[0046]-[0047]); a fixation portion (9); and an elastic member (13) having a one-end portion connected to the torque transmission member (19) and an opposite-end portion connected to the fixation portion (9 via 22), the elastic member(13) being configured to store elastic energy therein due to a rotation of the torque transmission member (19) relative to the fixation portion (9) according to the rotation of the rotational member (5) (¶[0047]). Claim 2: The electric brake apparatus according to claim 1, wherein the elastic member (13) stores the elastic energy therein at the time of advancement to move the frictional pad (11b) in a direction for pressing it (11b) against the disk (12) due to a forward rotation of the electric motor (1) (¶[0047] and [0026]), and provides a reversely directed torque to the rotational member (5) by releasing the elastic energy at the time of retraction to move the frictional pad (11b) in a direction for separating it from the disk (12) due to a reverse rotation of the electric motor (1) (¶[0048]). Claim 3: The electric brake apparatus according to claim 1, wherein the elastic member (13) is a torsion spring (¶[0028]). Claim 10: The electric brake apparatus according to claim 1, wherein the elastic member (13) is set up in a state that a set load is applied thereto when being mounted (¶[0045]). Claim 11: The electric brake apparatus according to claim 1, wherein the rotational member (5) is a spindle, and wherein the linear motion member (7) is a nut member threadedly engaged with the spindle (5). Claim 13: An electric brake apparatus (fig.1-2) comprising: an electric motor (1); a rotational member (5) coupled with (via 2,3) the electric motor (1); a linear motion member (7) threadedly engaged with the rotational member (5); a torque transmission member (19-as it receives torque from the clutch 14 and transmit it to return spring 13, see ¶[0047]); a torque limiter mechanism (14) disposed between (e.g. radial direction) the rotational member (5) and the torque transmission member (19), the torque limiter mechanism (14) being configured to cause the torque transmission member to rotate together (via 14b) with the rotational member (5) until a rotational resistance force between the rotational member (5) and the torque limiter mechanism (14) exceeds a predetermined value (¶[0046]-[0047]); a fixation portion (9); and a torsion spring (13) having a one-end portion connected to the torque transmission member (19) and an opposite-end portion connected to the fixation portion (9 via 22). Claim 14: A drive unit (fig.1-2) configured to provide power for pressing a frictional pad (11b) against a disk (12) of a disk brake (100), the drive unit (fig.1-2) comprising: an electric motor (1); a rotational member (5) configured to rotate based on driving of the electric motor (1); a linear motion member (7) configured to linearly move due to the rotation of the rotational member (5); a torque transmission member (19-as it receives torque from the clutch 14 and transmit it to return spring 13, see ¶[0047]); a torque limiter mechanism (14) disposed between (radial direction) the rotational member (5) and the torque transmission member (19), the torque limiter mechanism (14) being configured to cause the torque transmission member (19) to rotate together (via 14b) with the rotational member (5) until a rotational resistance force between the rotational member (5) and the torque limiter mechanism (14) exceeds a predetermined value (¶[0046]-[0047]); a fixation portion (9); and an elastic member (13) having a one-end portion connected to the torque transmission member (19) and an opposite-end portion connected to the fixation portion (9 via 22), the elastic member (13) being configured to store elastic energy therein due to a rotation of the torque transmission member (19) relative to the fixation portion (9) according to the rotation of the rotational member (5) (¶[0047]). Claim 15: The electric brake apparatus according to claim 2, wherein the elastic member (13) is a torsion spring (¶[0028]). 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. Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAGIWARA (US 20200278000 A1). Claim 4: HAGIWARA (Fig.1-2) does not disclose wherein the torque limiter mechanism and the linear motion member are disposed so as to overlap each other as viewed from a radial direction of the rotational member. HAGIWARA (Fig.3) teaches wherein the torque limiter mechanism (14) and the linear motion member (7) are disposed so as to overlap each other as viewed from a radial direction of the rotational member (5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Fig.1-2 of HAGIWARA by arranging the torque limiter mechanism in overlapping configuration as taught by Fig.3 of HAGIWARA. Such a modification merely alternative arrangement by HAGIWARA for the purpose of reducing axial length of brake device, thereby providing more compact brake system. Claim 5: HAGIWARA (Fig.1-2 in view of Fig.3) discloses the electric brake apparatus according to claim 4, wherein the elastic member (13) and the linear motion member (7) are disposed so as to overlap each other as viewed from the radial direction of the rotational member (5). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAGIWARA (US 20200278000 A1) in view of Al-Mahshi (US 20210404524 A1) Claim 12: HAGIWARA does not disclose wherein the rotational member is a nut member, and wherein the linear motion member is a push rod threadedly engaged with the nut member. Al-Mahshi teaches an actuator mechanism (Fig.3) for brake system having a rotational member is a nut member (32) and wherein linear motion member is a push rod (30) threadedly engaged (via 64) with the nut member (32) (see ¶[0073]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute an actuator mechanism of HAGIWARA with actuator mechanism as taught by Al-Mahshi such that the nut member rotates and threadedly engaged spindle moves linearly in order to provide a compact actuator and reduced friction, improve transmission efficiency, precise axial movement for actuating brake piston. Allowable Subject Matter Claims 6-9 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. Regarding claim 6, the prior art of record alone or in combination neither discloses nor renders obvious the electric brake; specifically, “the torque limiter mechanism is a spring clutch wound around an annular groove portion provided on an outer peripheral portion of the rotational member” and in combination with the remaining structure of claim 6. Regarding claim 8, the prior art of record alone or in combination neither discloses nor renders obvious the electric brake; specifically, “wherein the torque limiter mechanism is an elastic body disposed between an inner peripheral flange portion and an outer peripheral flange portion” and in combination with the remaining structure of claim 8. Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Mould (US 3618730 A) discloses torque limiting but does not disclose spring clutch wound around annular groove portion. BAEK (US 20230256951 A1) discloses an adjuster 135 provided between the spindle 121 and the nut 125. The adjuster 135, by compressing or expanding according to an rotation amount of the spindle 121, rotates the nut 125 and the adjusting screw 131 in the first direction. ARAMOTO (US 20200141475 A1) discloses ball screw device having spring 37 but does not have torque transmission member between rotational member and torque limiter. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lillian T Nguyen whose telephone number is (571)270-5404. The examiner can normally be reached Monday-Friday, 8:30am-5pm. 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. /LILLIAN T NGUYEN/ Examiner, Art Unit 3655a
Read full office action

Prosecution Timeline

Aug 22, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §103 (current)

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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
84%
Grant Probability
98%
With Interview (+13.9%)
2y 1m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allowance rate.

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