DETAILED ACTION
The Amendment filed on 06/19/2026 has been entered. Claim(s) 1, 2, 5, 10, 11, and 13, have been amended, claim(s) 14-20 have been cancelled, and claim(s) 21-27 have been added. Therefore, claims 1-13 and 21-27 are now pending in the application.
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.
Claim(s) 1-9 and 21-27, are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claims 1 and 21, at lines 13 and 11, respectively, the recitation “a tile” renders the claim indefinite because it lacks proper antecedent basis or creates ambiguity as to whether it is referring to the same previously recited limitation “tile”.
Regarding claims 5 and 24, at lines 1 and 2, the recitation “a bottom indexing tile” renders the claim indefinite because it lacks proper antecedent basis or creates ambiguity as to whether it is referring to the same previously recited limitation “tile”.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-7, 10-13, and 21-25, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mei (U.S. Patent No. 7,171,790).
As per claim 1, Mei teaches a bottom indexing support structure (1; figure 2) comprising: a. a base (annotated figure 2 below) having a first flange (annotated figure 2) extending horizontally therefrom (annotated figure 2), wherein a distal end of said first flange is secured to a top edge of a first side member (annotated figure 2), and wherein said base is configured to support a ceramic, stone, or porcelain tile (it is understood that the base is capable of supporting a ceramic, stone, or porcelain tile; the examiner notes that the tile not being positively claimed); b. a spine (annotated figure 2) engaged with said base (annotated figure 2), wherein said spine extends upward from a center of said base (annotated figure 2), and wherein said spine is generally perpendicular with respect to said base (annotated figure 2); c. a first rail (annotated figure 2) extending from a terminal end of said spine (annotated figure 2), wherein said first rail is generally perpendicular with respect to said spine (annotated figure 2); d. a first ridge (13) extending upward from said first flange (annotated figure 2) in an area between said distal end of said first flange and said spine (annotated figure 2) , wherein said first ridge is configured to be received within a channel formed in a bottom face of a tile to index a lateral position of said tile with respect to said bottom indexing support structure (it is understood that the first ridge is capable of being received within a channel formed in a bottom face of a tile to index a lateral position of said tile with respect to said bottom indexing support structure).
As per claim 2, Mei teaches a second flange (annotated figure 2) extending horizontally from said base (annotated figure 2), wherein a distal end of said second flange is secured to a top edge of a second side member (annotated figure 2), and wherein said bottom indexing support structure is generally symmetrical about a plane bisecting said spine (annotated figure 2).
As per claim 3, Mei teaches a second ridge (12) extending upward from said second flange in an area between said distal end of said second flange and said spine (annotated figure 2).
As per claim 4, Mei teaches a trough (annotated figure 2) formed between said first ridge and said spine (annotated figure 2).
As per claim 5, Mei teaches a bottom indexing tile (annotated figure 2), said bottom indexing tile comprising: a. a first face (top face of tile) configured to be generally facing upward during use (annotated figure 2); b. a second face (bottom face of tile) opposite said first face (annotated figure 2), wherein said first and second faces are separated by said thickness of said bottom indexing tile (it is understood that said first face and said second face are separated by a thickness of said bottom indexing tile); and, c. a channel (channel where 13 is inserted; figure 2) formed in said second face (figure 2), wherein said channel extends from a first edge of said bottom indexing tile to a second edge of said bottom indexing tile (it is understood that said channel extends from said first edge to said second edge of said bottom indexing tile).
As per claim 6, Mei teaches said bottom indexing tile further comprises a second channel (channel where 12 is inserted) formed in said second face (figure 2).
As per claim 7, Mei teaches said first face and said second face of said bottom indexing tile are further defined as being generally rectangular in shape (figure 2) and wherein said channel and said second channel are generally parallel with respect to one another (it is understood that once the tiles are placed said channel and said second channel would be generally parallel with respect to one another).
As per claim 10, Mei teaches a bottom indexing support structure (figure 2) comprising: a. a channel portion (1; side portions) comprising: i. a first side member (annotated figure 2) that is generally vertically oriented (annotated figure 2); ii. a second side member (annotated figure 2) that is generally vertically oriented and parallel to said first side member (annotated figure 2); b. a support structure (1) comprising: i. a base (annotated figure 2) having a first flange (annotated figure 2) and a second flange (annotated figure 2) extending horizontally (annotated figure 2), wherein a distal end of said first flange is secured to a top edge of said first side member (annotated figure 2), wherein a distal end of said second flange is secured to a top edge of said second side member (annotated figure 2); ii. a spine (annotated figure 2) engaged with said base (annotated figure 2), wherein said spine extends upward from a center of said base (annotated figure 2), and wherein said spine is generally perpendicular with respect to said base (annotated figure 2); and iii. a first ridge (13) extending upward from said first flange (figure 2) in an area between said distal end of said first flange and said spine (figure 2), wherein said first ridge is configured to be received within a channel formed in a bottom face of a tile to index a lateral position of said tile with respect to said bottom indexing support structure (it is understood that the first ridge is capable of being received within a channel formed in a bottom face of a tile to index a lateral position of said tile with respect to said bottom indexing support structure).
As per claim 11, Mei teaches a second ridge (12) extending upward from said second flange in an area between said distal end of said second flange and said spine (annotated figure 2).
As per claim 12, Mei teaches a trough (annotated figure 2) formed between said first ridge and said spine (annotated figure 2).
As per claim 13, Mei teaches a bottom indexing tile (annotated figure 2), said bottom indexing tile comprising: a. a first face (top face of tile) configured to be generally facing upward during use (annotated figure 2); b. a second face (bottom face of tile) opposite said first face (annotated figure 2), wherein said first and second faces are separated by said thickness of said bottom indexing tile (annotated figure 2); and, c. a channel (channel where 13 is inserted; figure 2) formed in said second face (annotated figure 2), wherein said channel extends from a first edge of said bottom indexing tile to a second edge of said bottom indexing tile (it is understood that said channel extends from said first edge to said second edge of said bottom indexing tile).
As per claim 21, Mei teaches a bottom indexing support structure (1; figure 2) comprising: a. a base (annotated figure 2 below) having a first flange (annotated figure 2) extending horizontally therefrom (annotated figure 2), wherein a distal end of the first flange is secured to a top edge of a first side member (annotated figure 2), and wherein the base is configured to support a ceramic, stone, or porcelain-based tile (it is understood that the base is capable of supporting a ceramic, stone, or porcelain-based tile; the examiner notes that the tile not being positively claimed); b. a spine (annotated figure 2) engaged with the base (annotated figure 2), wherein the spine extends upward from a center of the base (annotated figure 2), and wherein the spine is generally perpendicular with respect to said base (annotated figure 2); c. a first rail (annotated figure 2) extending from a terminal end of the spine (annotated figure 2), wherein the first rail is generally perpendicular with respect to the spine (annotated figure 2); d. a first ridge (13) extending upward from the first flange (annotated figure 2) in an area between the distal end of the first flange and the spine (annotated figure 2) , wherein the first ridge is configured to resist lateral displacement of a tile positioned on the bottom indexing support structure in a direction generally perpendicular to a length of the bottom indexing support structure (it is understood that the first ridge is capable of resisting lateral displacement of a tile positioned on the bottom indexing support structure in a direction generally perpendicular to a length of the bottom indexing support structure, as this would depend on the magnitude and direction of the force applied).
As per claim 22, Mei teaches a second flange (annotated figure 2) extending horizontally from the base (annotated figure 2), wherein a distal end of the second flange is secured to a top edge of a second side member (annotated figure 2), and wherein the support structure is generally symmetrical about a plane bisecting the spine (annotated figure 2).
As per claim 23, Mei teaches a second ridge (12) extending upward from the second flange in an area between said distal end of the second flange and the spine (annotated figure 2).
As per claim 24, Mei teaches a bottom indexing tile (annotated figure 2), the bottom indexing tile comprising: a. a first face (top face of tile) configured to be generally facing upward during use (annotated figure 2); b. a second face (bottom face of tile) opposite the first face (annotated figure 2), wherein the first and second faces are separated by the thickness of the bottom indexing tile (it is understood that the first face and the second face are separated by a thickness of the bottom indexing tile); and, c. a channel (channel where 13 is inserted; figure 2) formed in the second face (figure 2), wherein the channel extends from a first edge of the bottom indexing tile to a second edge of the bottom indexing tile (it is understood that the channel extends from said first edge to the second edge of the bottom indexing tile).
As per claim 25, Mei teaches the first face and the second face of the bottom indexing tile are further defined as being generally rectangular in shape (figure 2).
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 of this title, 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) 8, 9, 26, and 27, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Mei (U.S. Patent No. 7,171,790) in view of McManus et al. (U.S. Pub. No. 2017/0037631).
As per claim 8 and 26, Mei fails to disclose said bottom indexing support structure is further defined as being engaged with a pedestal.
McManus et al. discloses a tile support structure (abstract) wherein a bottom indexing support structure is further defined as being engaged with a pedestal (50).
Therefore, from the teaching of McManus et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the flooring support of Mei such that said bottom indexing support structure is further defined as being engaged with a pedestal, as taught by McManus et al., in order to elevate the flooring to provide an area for utilities to run through.
As per claim 9 and 27, Mei fails to disclose said bottom indexing support structure is further defined as being engaged with a joist.
McManus et al. discloses a tile support structure (abstract) wherein a bottom indexing support structure is further defined as being engaged with a joist (14).
Therefore, from the teaching of McManus et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the flooring support of Mei such that said bottom indexing support structure is further defined as being engaged with a joist, as taught by McManus et al., in order to elevate the flooring to provide an area for utilities to run through.
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Response to Arguments
Applicant's arguments and amendments have been considered but are not persuasive. Applicant’s argument that “in the context of the failure mode of the prior art clamp, Mei discloses when the gap T2 between solid wood panels 2a and 2b open up because of their contraction, then the clamp 1 will easily break at the protrusions 12, 13 due to the pressure from both sides … and they are subject to breakage when the panels contract, which shows that they are passive retention features, not active indexing features” has been considered. However, the argument is based on functional requirement which is not even cited in the claim. The claim recites: “wherein said first ridge is configured to be received within a channel formed in a bottom face of a tile to index a lateral position of said tile with respect to said bottom indexing support structure” which is taught by the protrusions 12 and 13.
In addition, applicant’s argument that “Mei's entire design philosophy regarding both its prior art disclosure and its inventive disclosure is built around allowing lateral movement, not fixing lateral position … [t]he wood panels in Mei are explicitly designed to shift relative to the clamp as they expand and contract” has been carefully considered. However, the claim is not reciting “fixing lateral position”. Furthermore, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. Since the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, while the protrusions 12 and 13 of Mei may be intended to break, Mei also notes that some solid wood panels will undergo significant changes from their own expansion and contraction under different types of environment, climate, or humidity. Additionally, a force that would cause a break or a displacement from a fixed position would depend on other factors such as the magnitude and direction of that force, and no such properties are being claimed.
Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR F HIJAZ whose telephone number is (571)270-5790. The examiner can normally be reached on 8-6 EST Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached on (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR F HIJAZ/Examiner, Art Unit 3633
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