Prosecution Insights
Last updated: October 02, 2026
Application No. 18/979,609

BRAKE SYSTEM

Non-Final OA §103
Filed
Dec 13, 2024
Priority
Dec 20, 2023 — JP 2023-214489
Examiner
SCHWARTZ, CHRISTOPHER P
Art Unit
Tech Center
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1682 granted / 1968 resolved
+25.5% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
42 currently pending
Career history
1984
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
11.7%
-28.3% vs TC avg
§112
31.3%
-8.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1968 resolved cases

Office Action

§103
DETAILED ACTION Information Disclosure Statement The Information disclosure statement has been received and considered. 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) 1- is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirai 8,776,958 in view of Park U.S. 2023/0145033. Regarding claim 1 Shirai shows one of applicant’s prior brake designs with which they are well familiar. Lacking in Shirai is a specific description of controlling the release of the parking brake based upon brake temperature. Park shows a parking brake release method and states in paras 0008-0009: [0008] The controller determines whether or not the electronic parking brake is normally releasable based on the temperature of the electronic parking brake when parking is released, and controls the electric motor to supply hydraulic pressure to the hydraulic cylinder via the ESC actuator and start parking release control when normal release is not possible. [0009] The controller may estimate a change in an apply force of the electronic parking brake based on a temperature of the electronic parking brake upon a parking release and a temperature upon a parking apply, and may determine whether or not a normal release of the electronic parking brake is possible based on the estimated change in the apply force of the electronic parking brake. One having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have controlled the release of the parking brake of Shirai, based upon the temperature of the parking brake, as taught by Park since it is well known that the braking force changes with changes in temperature and may not require as much torque from the electric motor to release the brake. Regarding claim 5 as readily apparent from the drawings these limitations are met. Allowable Subject Matter Claims 2-4 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 CHRISTOPHER P SCHWARTZ whose telephone number is (571)272-7123. The examiner can normally be reached 10:00 A.M.-7:00P.M.. 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, Rob 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. /CHRISTOPHER P SCHWARTZ/Primary Examiner, Art Unit 3616 9/16/26
Read full office action

Prosecution Timeline

Dec 13, 2024
Application Filed
Sep 23, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12742484
VIBRATION DAMPERS FOR A VEHICLE
3y 1m to grant Granted Sep 22, 2026
Patent 12740643
ANTI-COLLISION STRIP AND BUNDLE ROLL THEREOF
3y 0m to grant Granted Sep 22, 2026
Patent 12736098
COMPOSITE BRAKE DISC, PREPARATION METHOD THEREOF AND FRICTION STIR TOOL
3y 5m to grant Granted Sep 15, 2026
Patent 12735018
ELECTROMECHANICAL BRAKE HAVING A FORCE SENSOR
3y 2m to grant Granted Sep 15, 2026
Patent 12729729
LIGHT METAL STRUCTURE-FUNCTION DUAL-GRADIENT COMPOSITE BRAKE DISC (BRAKE DRUM)
3y 5m to grant Granted Sep 08, 2026
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
86%
Grant Probability
92%
With Interview (+6.2%)
2y 4m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1968 resolved cases by this examiner. Grant probability derived from career allowance rate.

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