Prosecution Insights
Last updated: October 02, 2026
Application No. 18/837,401

ELECTRIC BRAKE APPARATUS

Non-Final OA §102§Other
Filed
Aug 09, 2024
Priority
Mar 30, 2022 — JP 2022-056883 +1 more
Examiner
HSIAO, JAMES K
Art Unit
Tech Center
Assignee
Hitachi Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
623 granted / 809 resolved
+17.0% vs TC avg
Strong +15% interview lift
Without
With
+15.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
19 currently pending
Career history
832
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
31.2%
-8.8% vs TC avg
§102
35.8%
-4.2% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 809 resolved cases

Office Action

§102 §Other
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 . 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. Claims 9-20 are rejected under 35 U.S.C. 102a1 as being anticipated by Cecchelli et al. (US-20200378460). Regarding claim 9, Cecchelli et al. discloses an electric brake apparatus (300) comprising :a bracket member (200) fixed to a support member of a brake mechanism (at least figs 4-5); and an electric actuator (300) joined to the bracket member and operable to actuate the brake mechanism (at least figs 4-5),wherein the electric actuator includes a motor portion (at least at portion 330/360, [0065), and wherein the electric actuator is engaged with the bracket member by inserting the electric actuator into the bracket member (fig 2, at least at 240) along an axial direction of the motor portion (fig 2-3, at least at portion 330/360, [0065). Regarding claim 10, Cecchelli et al. discloses wherein a holding unit (fig 2, at least at or near 250) configured to hold the motor portion (330/360) is provided to the bracket member (200). Regarding claim 11, Cecchelli et al. discloses wherein the holding unit is disposed on a distal end side of the motor portion (figs 3-5 at least at 330/360). Regarding claim 12, Cecchelli et al. discloses wherein the holding unit has a rail structure (at least fig 2a, rail structure at sides of 250 where 360 travels along). Regarding claim 13, Cecchelli et al. discloses wherein an elastic engagement unit (at least fig 3, 350) is provided between the bracket member (200) and the electric actuator (300),wherein the elastic engagement unit includes a protruding engagement portion (355/245) provided on one of the bracket member and the electric actuator and a recessed engagement portion (355/245) provided on the other of the bracket member and the electric actuator ([0066] and figs 2-3), and wherein first and second engagement portions are engaged with each other with the aid of elastic deformation of one of the first and second engagement portions ([0066] and figs 2-5). Regarding claim 14, Cecchelli et al. discloses wherein the electric actuator includes an output spindle portion (310) arranged in such a manner that axes of the motor portion (330/360) and the output spindle portion extend in parallel with each other (fig 3a), and the output spindle portion is engaged with a holding tube (240/110) by fitting the output spindle portion to the holding tube provided to the bracket member (figs 4-5). Regarding claim 15, Cecchelli et al. discloses wherein the holding tube includes a press-fit portion to which the output spindle portion is press-fitted (figs 3-4 and [0053], wherein as shown in FIG. 4d, the receiving portion is configured to receive a respective projecting element 350 of the electromechanical actuator 300, better shown in FIG. 3, extending laterally and parallel to the pull spindle 310 and provided with an end tooth 355 that is kept by the locking portion of the respective bayonet slot 245 below the actuator mounting surface 230). Regarding claim 16, Cecchelli et al. discloses wherein the bracket member is made from synthetic resin ([0074]), and a containing tube (at least the semi-circular cylindrical portion of 250) configured to contain the motor portion is molded integrally with the bracket member (fig 2). Regarding claim 17, Cecchelli et al. discloses wherein the holding unit has a rail structure (at least fig 2a, rail structure at sides of 250 where 360 travels along). Regarding claim 18, Cecchelli et al. discloses wherein an elastic engagement unit (at least fig 3, 350) is provided between the bracket member (200) and the electric actuator (300),wherein the elastic engagement unit includes a protruding engagement portion (355/245) provided on one of the bracket member and the electric actuator and a recessed engagement portion (355/245) provided on the other of the bracket member and the electric actuator ([0066] and figs 2-3), and wherein first and second engagement portions are engaged with each other with the aid of elastic deformation of one of the first and second engagement portions ([0066] and figs 2-5). Regarding claim 19, Cecchelli et al. discloses wherein an elastic engagement unit (at least fig 3, 350) is provided between the bracket member (200) and the electric actuator (300),wherein the elastic engagement unit includes a protruding engagement portion (355/245) provided on one of the bracket member and the electric actuator and a recessed engagement portion (355/245) provided on the other of the bracket member and the electric actuator ([0066] and figs 2-3), and wherein first and second engagement portions are engaged with each other with the aid of elastic deformation of one of the first and second engagement portions ([0066] and figs 2-5). Regarding claim 20, Cecchelli et al. discloses wherein an elastic engagement unit (at least fig 3, 350) is provided between the bracket member (200) and the electric actuator (300),wherein the elastic engagement unit includes a protruding engagement portion (355/245) provided on one of the bracket member and the electric actuator and a recessed engagement portion (355/245) provided on the other of the bracket member and the electric actuator ([0066] and figs 2-3), and wherein first and second engagement portions are engaged with each other with the aid of elastic deformation of one of the first and second engagement portions ([0066] and figs 2-5). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES K HSIAO whose telephone number is (571)272-6259. The examiner can normally be reached 9-5, Monday-Friday. 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 571-272-7124. 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. /JAMES K HSIAO/Examiner, Art Unit 3616
Read full office action

Prosecution Timeline

Aug 09, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §102, §Other (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
77%
Grant Probability
92%
With Interview (+15.2%)
3y 1m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 809 resolved cases by this examiner. Grant probability derived from career allowance rate.

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