DETAILED ACTION
This communication is a first Office Action Non-Final rejection on the merits. The Restriction election received on 02/13/2026 has been acknowledged. Claims 1-20 are pending and have been considered below.
Election/Restrictions
1. Applicant’s election of Species Groups 2A and 13B (figures 13, 14, 15A, 15B and 37, 38A-38C, 39A-39C) in the reply filed on 02/13/2026 is acknowledged.
2. Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected invention Species Group 15B. Election was made without traverse in the reply filed on 02/13/2026.
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) 26-31 and 33-37, is/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 (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); 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 second rail (annotated figure 2) extending from said terminal end of said spine (annotated figure 2), wherein said second rail is generally perpendicular with respect to said spine (annotated figure 2); e. 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).
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 support structure is generally symmetrical about a plane perpendicularly oriented with respect to said first and second rails and 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 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); iii. 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); iv. a second rail (annotated figure 2) extending from said terminal end of said spine (annotated figure 2), wherein said second rail is generally perpendicular with respect to said spine (annotated figure 2), wherein said support structure is generally symmetrical about a plane perpendicularly oriented with respect to said first and second rails and bisecting said spine (annotated figure 2); and, v. 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).
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).
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 and 9, 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, 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, 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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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited patents listed on the included form PTO-892 further show the state of the art with respect to tile and support structures in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR 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