Prosecution Insights
Last updated: October 02, 2026
Application No. 18/717,008

MODULAR CONSTRUCTION SYSTEM

Final Rejection §103§112
Filed
Jun 06, 2024
Priority
Dec 10, 2021 — PO 117630 +1 more
Examiner
KWIECINSKI, RYAN D
Art Unit
3635
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ddn Investimentos S A
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
794 granted / 1164 resolved
+16.2% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
36 currently pending
Career history
1197
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
41.7%
+1.7% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
30.2%
-9.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1164 resolved cases

Office Action

§103 §112
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 . The amendment filed on 07/20/2026 in response to the non-final rejection mailed on 04/20/2026 has been considered. Claim(s) 1, 3-10, and 12-15 is/are pending. Claim(s) 2 and 11 has/have been canceled. Claim(s) 1, 3-10, and 12-15 has/have been examined in this action. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 6, the recitation “bar of the Dywidag type” renders the claim indefinite since Dywidag is a company name and not necessarily a specific bar. The company can in theory or actuality make reinforcement bars of different styles and would both technically be “bars of the Dywidag type”. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 3-10, and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,493,996 B1 to Alexander et al. in view of KR 20190072334 A to Lee et al. Regarding claims 1 and 3, Alexander discloses modular construction system for buildings, comprising a plurality of habitable modules (21), connected together along a horizontal (Fig.7 and 8) and a vertical plane (Fig.10) of the building; the system being characterized by: the connection between adjacent modules along a horizontal plane, is carried out through connections of type L2 and type L5 (See below); and the connection between adjacent modules along a vertical plane is carried out through connections of type L4 (See below), wherein, the connection L2 is of male-female joint type (11, Fig.3), wherein one module comprises male-type joints (11) and the adjacent module comprises female-type joints (gaps between 11, Fig.3; Fig.7); the connection L5 is implemented through reinforcing bars (37, 41), installed along the horizontal plane, each interconnecting two adjacent modules (Fig.8); the connection L4 is implemented through reinforcing bars (45, 47, Fig.10), installed along the vertical plane (Fig.10), each interconnecting a module with the adjacent module (Fig.10). Alexander does not specifically disclose a male-female joint type between adjacent modules along a vertical plane, wherein one module comprises male or female type joints, and the adjacent module comprises joints of a complementary type. Lee et al. disclose a male-female joint type between adjacent modules along a vertical plane (Fig.4b), wherein one module comprises male or female type joints (10a), and the adjacent module comprises joints of a complementary type (groves into which 10a meshes). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided male and female type connections between adjacent modules in the vertical plane so to allow the modules of Alexander to interlock with one another thereby strengthening the connection between modules and preventing the modules from separating or moving relative one another, allowing easy placement. Alexander discloses wherein some of the reinforcing bars are threaded but does not disclose wherein the connection between adjacent modules along a horizontal plane is complemented with L3 type connections; wherein, each connection L3 is implemented by at least two threaded rods, installed one in each module and adapted to fix a metallic plate resting on a contact zone between the two modules; the length of the threaded rod is at least 2 cm and the thickness of the metallic plate is at least 0.5 mm. Lee et al. disclose each connection L3 is implemented by at least two threaded rods (22), installed one in each module and adapted to fix a metallic plate (21) resting on a contact zone between the two modules (Fig.4b); the fixation of the metallic plate to the contact zone between the modules is carried out using a tightening nut, coupled to each threaded rod (Fig.4b). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the modules of Alexander with the threaded rods and plates as taught by Lee et al. so to effectively secure the modules to one another while allowing the modules to be disconnected if needed. Complimenting the rebars and male/female connections will ensure the modules remain where intended and resist forces in all directions. Providing the desired lengths and thicknesses of the threaded rods and plates will ensure a sufficient connection and the desired strength of the connection between the modules. Choosing an effective length and thickness of the parts will not yield unexpected results. Regarding claim 4, Alexander in view of Lee et al. do not specifically disclose wherein the male-type joint of connections L1 and L2 has a height ranging between 1 cm and 40 cm, and a minimum length of 3 cm. It would have been obvious to one of ordinary skill in the art in the art before the effective filing date of the invention to have formed the male type joints having a desired height and length so to enable easily nested modules which form a secure male/female joint. Regarding claim 5, Alexander in view of Lee et al. do not specifically disclose wherein the length of a reinforcing bar of the connection L4 is such that 2/3 of its length is projected to be inserted in the lower habitable module and 1/3 of its length is projected to be inserted in the upper module; and wherein the length of the reinforcing bar is at least 30 cm. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided lengths of the rods within the modules as taught by Alexander to be sufficiently long to optimize the connection between the modules without wasting material or requiring additional work for installation. Regarding claim 6, Alexander in view of Lee et al. do not specifically disclose wherein a reinforcing bar of the connection L5 has a minimum diameter of 0.6 cm and a minimum length of 10 cm; the reinforcing bar being an iron bar or a bar of the Dywidag type. It would have been obvious to one of ordinary skill in the at before the effective filing date of the invention to have provided lengths and thicknesses of the rods within the modules as taught by Alexander to be sufficiently long and thick so to optimize the connection between the modules without wasting material or requiring additional work for installation. Regarding claim 7, Lee et al. disclose wherein all the connections between modules comprise a binder (23) for sealing the respective connections. It would have neem obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a binder between the modules as taught by Lee et al. so to seal and secure the modules to one another in conjunction with the mechanical connection means. Regarding claim 8, Although Alexander in view of Lee do no specifically disclose wherein the number of connections between modules, along the horizontal and vertical plane, is variable. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have had the ability to provide variable connections throughout the modules, thereby efficiently securing the modules based on use, thereby efficiently securing the modules to one another while leaving the ability to max secure the modules to one another. Regarding claim 9, Alexander discloses wherein a habitable module is comprised by: a parallelepiped support platform (2, Fig.3), arranged in a horizontal plane; and by at least two surrounding walls (3, 4, 7) installed in the platform. Regarding claim 10, Alexander discloses wherein a habitable module is comprised by: a parallelepiped support platform (2), arranged in a horizontal plane; and by at least two surrounding walls (3, 4, 7) installed in the platform; and wherein, the support platform comprises connections of the type L2 and L5 (See claim 1 above), embedded in it, for connection between adjacent modules along the horizontal plane, and connections of the type L1 and L4 (See claim 1 above) for installation of the surrounding walls; and the surrounding walls comprise connections of the type L1 and L4, embedded into the lower and/or upper end for attachment to the support platform (See claim 1 above); and L1 and L4 type connections embedded into the upper end for connection to the support platform of an adjacent module (See claim 1 above) or embedded into the lower end for connection to an adjacent module (See claim 1 above). Lee et al. disclose wherein, the L3 connections are installed on the support platform of two adjacent modules (Fig.4b of Lee et al.). The connections between the platform, sidewalls, and adjacent modules are all capable of being the connections from claim 1. One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to use the same types of connections between components of a module and adjacent modules so to make all connections the same and to increase efficiency of building the modules. Regarding claim 12, Alexander discloses a habitable module comprising: a parallelepiped support platform (2, Fig.3), arranged in a horizontal plane; and at least two surrounding walls (3, 4, 7) installed in the platform; and wherein, the support platform and the surrounding walls comprise an interior structural reinforcement (Alexander teaches reinforcing bar and loops, Fig.12; pods, 58, 62, etc.); said structural reinforcement being complemented with reinforcement elements in the areas where the L1, L2, L4 and L5 connections are embedded and where the L3 connections are installed (See claim 1 above), said reinforcement elements being implemented using steel rods (looped rods). Although Alexander in view of Lee et al. do not specifically disclose rod diameters, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used a diameter rod to reinforce the interior of the modules by being strong enough to resist expected forces. Regarding claim 13, Alexander discloses wherein a habitable module is comprised by: a parallelepiped support platform (2), arranged in a horizontal plane; and by at least two surrounding walls (3, 4, 7) installed in the platform; and wherein the dimensions and thickness of the support platform and surrounding walls of a module are variable (Column 2, lines 48-67), and the supporting platform and surrounding walls of a module being made of concrete (Column 2, lines 35-40). Regarding claim 14, Alexander discloses wherein each module comprises a block for connecting the common infrastructure of the building; common infrastructures relating to water, sewage, electricity or communications networks (bathroom pods 58 and 62; Column 9, lines 17-25). Regarding claim 15, Although Alexander discloses providing means for utility connections, Alexander does not specifically disclose wherein each module further comprises at least one watertight connection box. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the modules of Alexander with watertight utility boxes so to enable the utilities to be connected as well as protected from the elements, especially the electrical connections. Modules being provided with utility boxes is well known in the art and would not yield unexpected results, the connection box will make the installation neater and more efficient for the installer. Response to Arguments Applicant's arguments filed 20 July 2026 have been fully considered but they are not persuasive. Applicant argues that the combination of Alexander in view of Lee is based on improper hindsight, and further even if the combination is made, the result will not arrive at the claimed invention. This is not found to be persuasive. Applicant argues that Alexander already teaches its own secure connection method and adding the combination of the connection of Lee would be considered redundant and complex. This is not found to be persuasive. Providing different known connections to a joint of abutting module would not be complex and redundant. Each individual connection would provide additional security and strength to the module connections. Providing tongue and groove or male and female type connections are notoriously well known in the art. Providing horizontal reinforcing bars between modules is also notoriously well known in the art. Providing a connection between modules using metal plates and threaded fasteners are also a known way to secure concrete structures. Each of the connections adds to ther structure in its own way. The male and female connections will cause the modules to easily align with one another when assembled and further resist movement laterally in plane. The horizontal reinforcement bars will also aid in alignment and resist movement and provide shear strength in both the horizontal and vertical directions. The metal plate structure with threaded fasteners will prevent separation of the modules, allow adjustment of the modules, and further increase the shear strength of the connection joint. For these reasons, using all three connections will benefit the structure especially if the structure is used in high stress areas. One of the ordinary skills in art would know to try to assemble the module using multiple connections so to attach the modules to withstand the forces of the known surrounding environment. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 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, Brian Mattei can be reached at (571) 272-3238. 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. RDK /RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635
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Prosecution Timeline

Jun 06, 2024
Application Filed
Apr 20, 2026
Non-Final Rejection mailed — §103, §112
Jul 20, 2026
Response Filed
Sep 22, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
88%
With Interview (+19.7%)
2y 8m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1164 resolved cases by this examiner. Grant probability derived from career allowance rate.

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