Prosecution Insights
Last updated: October 25, 2026
Application No. 18/681,088

METHOD FOR MANUFACTURING A MODULE OF A BUILDING BY MEANS OF 3D CONCRETE PRINTING

Non-Final OA §103
Filed
Feb 05, 2024
Priority
Aug 04, 2021 — NL 2028922 +1 more
Examiner
THROWER, LARRY W
Art Unit
1754
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Cybe Construction BV
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
641 granted / 973 resolved
+0.9% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
53 currently pending
Career history
1038
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
43.4%
+3.4% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 973 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election of Group I, claims 1, 3-4, 6-13, 15, 17 and 19-20, in the reply filed on August 24, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). 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. Claims 1 and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Cox (US 3,898,776) in view of Lee (WO 2018/230855; paragraph references to attached English language translation) and Niederberger (US 2018/0093373). Claim 1: Cox discloses a method for manufacturing a module of a building (col. 3, ll. 10-16, 53-59); The module includes a concrete slab (col. 3, ll. 10-16, 53-64), and at least one concrete cavity wall attached to the concrete slab (col. 3, ll. 10-16), wherein the module further includes at least one concrete beam fixed to the concrete slab (col. 3, ll. 53-59; figs. 4-5), arranging a reinforcing wire mesh for the concrete slab (col. 3, ll. 53-64; figs. 4-5), and an elongated reinforcement wire basket for the beam on the substrate (preassembled cage includes longitudinal beam reinforcement and transverse reinforcing members; col. 3, ll. 53-59; figs. 4-5), pouring concrete into the space within the formwork (col. 3, ll. 53-59). Lee discloses two spaced leaves (¶ 51), in which the leaves are manufactured by 3D concrete printing (¶¶ 50-51, 99), 3D concrete printing on a substrate (¶¶ 50, 95, 99), and of the lower layers of the leaves to be made (¶¶ 50-51, 133, 139), 3D concrete printing of the remaining layers of the leaves (¶¶ 50-51, 99, 139-143), pouring concrete into the space within the formwork (¶ 128), during or after printing of the remaining layers of the leaves of the cavity wall (¶¶ 58, 128, 139-143). Niederberger discloses 3D concrete printing of a formwork on a substrate (¶¶ 40, 44), for the concrete slab to be made and for the concrete beam to be made (¶¶ 40, 44), on the substrate before or after printing the formwork within the formwork or within the circumference of the formwork to be printed (¶ 44), pouring concrete into the space within the formwork (¶¶ 40, 44), during or after printing of the remaining layers (¶¶ 44, 86). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the application to have replaced Cox’s separate forms with Lee’s paired printed concrete leaves and Niederberger’s printed boundaries around pre-positioned reinforcement to eliminate separate perimeter shuttering, and on Cox’s shaped bed, to have completed and hardened the walls before filling only the slab and beam volumes, preserving the usable room. Success would reasonably have been expected because the bed supports the reinforcement and the cured leaves retain the poured concrete. Claim 3: Lee and Niderberger together disclose the printing of the formwork for the concrete slab and of the lower layers of the cavity wall is carried out in a continuous 3D concrete printing process (Lee, ¶¶ 50-51, 95, 99; Niderberger, ¶¶ 16, 40, 44). Claim 4: Lee and Niderberger together disclose wherein the formwork for the concrete slab and the lower layers of the cavity wall are printed in such a way that the lower layers of one of the leaves of the cavity wall is part of the formwork of the concrete slab (Lee, ¶¶ 50, 51, 95, 99, 128; Niderberger, ¶ 40). Allowable Subject Matter Claims 6-13, 15, 17 and 19-20 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. The closest prior art, CN 111379360 and CN 103741818, separately disclose inserting column reinforcement after wall printing and connecting beam reinforcement to a steel column through a plate assembly, but the art does not explain why a person having ordinary skill would have integrated those teachings to obtain the arrangement and sequence recited in claims 6-7. CN 111379360 teaches an opening for welding a column cage to slab reinforcement, and CN 103741818 teaches a beam-to-column plate joint, but the combination does disclose the further modification of placing the claimed wall recesses at those beam reinforcement connections as recited in claims 8-9. The prior art of record does not disclose or render obvious the additional steps recited claim 10. Claims 11-13, 15, 17 and 19-20 depend directly or indirectly from claim 10. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY THROWER whose telephone number is (571)270-5517. The examiner can normally be reached 9am-5pm MT M-F. 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, Susan Leong can be reached at 571-270-1487. 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. /LARRY W THROWER/Primary Examiner, Art Unit 1754
Read full office action

Prosecution Timeline

Feb 05, 2024
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §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
66%
Grant Probability
78%
With Interview (+12.6%)
3y 7m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 973 resolved cases by this examiner. Grant probability derived from career allowance rate.

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