Prosecution Insights
Last updated: July 17, 2026
Application No. 19/209,796

VEHICLE BRAKE APPARATUS

Non-Final OA §102§103
Filed
May 16, 2025
Priority
May 31, 2024 — JP 2024-088697
Examiner
BRAUCH, CHARLES JOSEPH
Art Unit
Tech Center
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
986 granted / 1208 resolved
+21.6% vs TC avg
Moderate +14% lift
Without
With
+13.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
19 currently pending
Career history
1228
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
90.7%
+50.7% vs TC avg
§102
7.5%
-32.5% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1208 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 . Claim Rejections - 35 USC § 102 2. 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. 3. Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Loeffelmann reference (WO 2022/253,527). 4. Regarding claim 1, the Loeffelmann reference discloses: a vehicle brake apparatus (10) applicable to a vehicle (F), the vehicle (F) comprising: an operation member (temperature sensor); an electric actuator (EM) configured to control a traveling state of the vehicle in which a coupling between the electric actuator (EM) and the operation member (temperature sensor) is mechanically disengaged; and a controller (SE) configured to control an operation of the electric actuator (EM) in accordance with an operation to the operation member [Paragraph 0019 Advantages of the Invention—the temperature is related to power consumption], the vehicle brake apparatus (10) comprising: a brake operation member (the remainder of the BA not including the temperature sensor) included in the operation member (temperature sensor—note that the temperature sensor and the brake operation members are included together to form the (BA)); and a brake actuator (BA) included in the electric actuator (EM), the controller (SE) being configured to control an operation of the brake actuator (BA) such that braking force is applied to at least one wheel of the vehicle in accordance with an operation to the brake operation member [Paragraphs 0003-0004 Advantages of the Invention], wherein the controller (SE) is configured to: obtain mode-selection information [Paragraph 0006 Advantages of the Invention—operating state of the electrical machine as a generator can be determined] indicating whether or not a control of the traveling state is to be performed by the operation of the electric actuator (EM) in accordance with the operation to the operation member [Paragraph 0006 Advantages of the Invention—apply a regenerative braking torque . . . at a specific temperature], and in response to selecting a particular mode, based on the obtained mode-selection information, in which the control of the traveling state is not performed, limit at least the operation of the brake actuator in accordance with the operation of the brake operation member [Paragraph 0006 Advantages of the Invention—apply a regenerative braking torque . . . at a specific temperature—implicit that no torque would be applied based on the temperature]. 5. Regarding claim 2, the Loeffelmann reference further discloses: wherein the controller is configured to: determine whether or not a stopped state of the vehicle is maintained in response to selecting the particular mode [Paragraph 0006 Advantages of the Invention—specified speed range]; and when it is determined that the stopped state in maintained, limit the operation of the brake actuator by shifting from a normal mode, to the particular mode, in which the control of the traveling state is performed by the operation of the electric actuator in accordance with the operation to the operation member [Paragraph 0006 Advantages of the Invention—apply a regenerative braking torque . . . at a specific temperature—implicit that no torque would be applied based on the temperature]. 6. Regarding claim 4, the Loeffelmann reference further discloses: in a state in which the operation of the brake actuator is limited by the controller [Paragraph 0006 Advantages of the Invention—apply a regenerative braking torque . . . at a specific temperature—implicit that no torque would be applied based on the temperature], the coupling between the operation member and the brake actuator is disengaged (mechanically) and the operation member is coupled to an operation reaction force device (brake actuator) in which a reaction force is generated in accordance with the operation to the operation member [Paragraph 0017]. Claim Rejections - 35 USC § 103 7. 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. 8. Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Loeffelmann reference. 9. Regarding claim 3, the Loeffelmann reference fails to disclose: wherein the controller is configured to determine whether or not the stopped state of the vehicle is maintained based on determinations of (a) whether or not the at least one wheel of the vehicle is mechanically braked, (b) whether or not an slope gradient of a road surface on which the vehicle is stopped is smaller than a predetermined gradient, or (c) whether or not the at least one wheel of the vehicle is mechanically braked and whether or not the slope gradient of the road surface on which the vehicle is stopped is smaller than the predetermined gradient. This is an example of applying a known technique (determining if a wheel is mechanically braked) to a known device (a vehicle) ready for improvement (increased sensitivity) to yield predictable results (better able to analyze the status of a vehicle). Accordingly, the claim is obvious in light of the prior art. 10. Regarding claim 5, the Loeffelmann reference fails to disclose, wherein the particular mode is a game mode in which a movement of a virtual moving object is controlled by an operation to an input device installed on the vehicle including the operation member or a remote operation mode in which another vehicle located at a position away from the vehicle is driven and caused to travel by using equipment installed on the vehicle including the operation member. The examiner takes Official Notice that it is well known in the art of vehicles to install video games on the vehicle for the purposes of amusement. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES J BRAUCH whose telephone number is (313)446-6511. The examiner can normally be reached Monday-Friday 9:00 AM to 6 PM. 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, Lindsay Low can be reached at (571) 272-1196. 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. /CHARLES JOSEPH BRAUCH/ Examiner Art Unit 3747 /LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

May 16, 2025
Application Filed
Jun 26, 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
82%
Grant Probability
95%
With Interview (+13.5%)
2y 0m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1208 resolved cases by this examiner. Grant probability derived from career allowance rate.

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