DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. Applicant’s responses filed 1/15/2026 and 6/22/2026 were received. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
2. Applicant’s election without traverse of Group I, claims 1, 2, and 4-17 in the reply filed on 6/22/2026 is acknowledged. Claims 18 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
3. The objections to the disclosure are withdrawn in view of the corrections filed.
Claim Objections
4. The objections to claims 1 and 14 are withdrawn in view of the corrections filed.
Claim Rejections - 35 USC § 112
5. The prior Office Action rejections of claim 1, and thus dependent claims 2-15; claim 2; claim 16; and claim 17 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement are withdrawn.
The amendments filed necessiate a new grounds of rejection of claim 1, and thus dependent claims 2 and 3-15; claim 16; and claim 17 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 16 is an independent claim incorporating the subject matter of claim 1 and claim 17 is a method claim reciting similar subject matter to that of the product claim 1. Claims 1, 16 and 17 are addressed concurrently below.
Claim 1 was amended to recite in part:
“…the protective portion proturdes beyond the electrode terminal in the second direction to support the case in the second direction…”
The language does not exist in the written description, Applicant has not provided any explanation as to the newly added features and its support, and the drawings do not appear to provide a reasonable basis to conclude Applicant was in posession of the claimed feature. At best, P68 describes that the protective portion 71 is supported on the upper cover 41 of the case 4.
Appropriate correction and/or explanation is required.
6. The rejection of claim 16 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 is withdrawn in view of the correction filed.
The rejection of claim 14 under 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 is maintained as no correction has been filed.
Claim 14 recites that a cover body of the battery cell further comprises a pressure relief mechanism which is problematic given the cover body has not previously been recited or defined as having any components. Accordingly, the claim is indefinite for this reason and this still requries correction given none was presented and Applicant makes no traversal of the rejection.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
7. The rejection of claims 1-2, 4-7, 13-15, and 17 under 35 U.S.C. 102(a)(1) as being anticipated by Hwangbo (US 2015/0295212) is maintained and updated to reflect the amendments provided.
First Interpretation
Regarding claim 1, Hwangbo teaches a battery (Figs. 1-4), comprising:
a housing 50 (=51, 52) including lower buffer plate 53 and upper buffper plate 54 (“a case”) configured to accommodate the battery cell 10; and
a second cell barrier(s) 43 (“protective member”) provided in the housing 50/53/54 (“case”), extending along a first direction (x-direction), and having a first end portion and a second end portion opposite to each other in the first direction (the x-direction) (P37-39),
a battery cell 10 accommodated in the housing 50 /53/54 (“case”) and comprising an electrode terminal (11 or 12) protruding from the battery cell in a second direction (z-direction) perpendicular to the first direction (x-direction), the battery cell 10 being positioned next to the second cell barrier 43 in a third direction (y-direction) perpendicular to both the first direction (x-direction) and the second direction (z-direction); and
a first cell barrier 41 (‘a fixing member”) provided at and fixed to the first end portion of the second cell barrier 43 (“protective member”) (Fig. 1),
wherein the second cell barrier(s) 43 (“protective member”) has a protective portion (i.e., the portion thereof that projects above the terminal in the second direction as shown in Figs. 1-2), and the protective portion protrudes beyond the electrode terminal (11 or 12) in the second direction (z-direction) to support the case 50/53/54 (see direct contact between 41a and upper uffer plate 54) in the second direction, and the electrode terminal (11 or 12) and the case 50/53/54 have a gap in the second direction (z-direction) (Figs. 1-4; P8-24, 33-39; entire disclosure relied upon).
It is noted that the designation of the protective member and the fixing member may be reversed.
Regarding claim 2, Hwangbo teaches the first cell barrier 41 (‘a fixing member”) is one of many (i.e., “a first fixing member”), and the battery further comprising a second first cell barrier 41 (“second fixing member”) located at1the second end portion of the the second cell barrier(s) 43 (“protective member”) (Figs 1-2).
Regarding claim 4, Hwangbo teaches wherein a surface of the second cell barrier(s) 43 (“protective member”) facing the battery cell in the third direction is joined to the battery cell 10 (see Figs. 1-2).
Regarding claim 5, Hwangbo teaches wherein the second cell barrier(s) 43 (“protective member”) (“protective member”) is/are a plate component extending in the first direction, and the protective portion is a convex portion (i.e., the portions of 41 that are not the “cutaway portion” that create a polygon having only interior angles measuring less than 180°, OR the square polygonal, convex portion of 43 also meeting the definition of a convex portion ) (P40) of the protective member protruding towards the housing 50/53/54 (“case”) in the second direction (see Fig. 1).
Regarding claim 6, Hwangbo teaches wherein a holder 20 (“cover component”) is provided between the case 50/53/54 and the battery cell 10.
Regarding claim 13, Hwangbo teaches wherein the battery cell 10 has a case including the illustrated “cover body” (i.e., top surface) (P35, 47), the electrode terminal (11 or 12) is provided on the cover body (Figs. 1-2), and the electrode terminal (11, 12) protrudes beyond the cover body in the second direction (Figs. 1-2), and the holder 20 (“cover component”) has a first protruding part 23 (“buffering member”) [or second protruding part 25, or third protruding part 27a, or the buffer recesses 23a, 25a, 27a formed thereby), and the buffering member is provided opposite to the cover body (Fig. 4), and is supported by the cover body (Fig. 4) (P35, 43-49; Figs. 1-4).
Regarding claim 14, Hwangbo teaches wherein teaches wherein the battery cell 10 has a case including the illustrated “cover body” (i.e., top surface) (P35, 47)], the cover body of the battery cell [[further]] comprises a vent 17 (“pressure relief mechanism”), and the pressure relief mechanism is configured to be actuated when an internal pressure or temperature of the battery cell reaches a threshold so as to relieve the internal pressure (P48), and the holder 20 (“cover component”) is provided with a third protruding part 27 including a third buffer recess 27a (“an exhaust port”) above the vent (“an exhaust port”) and at a position opposite to the vent (“pressure relief mechanism”) (P17, 18, 48; Figs. 1-4).
Regarding claim 15, Hwangbo teaches wherein the battery has a plurality of battery cells 10, the plurality of battery cells are arranged in the first direction (Fig. 1), and the protective member extends in the first direction to protect the plurality of battery cells2 (Fig. 1).
Regarding claim 17, Hwangbo teaches the battery of claim 1 (rejection of which is incorporated in its entirety and not repeated here). Hwangbo does explicitly teach a method for preparing said battery, the method steps being providing the components claimed. Given the taught construct, it is not clear how the achieved and taught construct could be provided by any other method than that claimed in which the components are merely “provided” to prepare the battery. Accordingly, the method for preparing the battery is considered intrinsic to the taught construct (Figs. 1-4).
Second Interpretation
Regarding claim 1, Hwangbo teaches a battery (Figs. 5-6), comprising:
a housing 50 (=51, 52) (“case”) configured to accommodate the battery cell 10; and
a holder 120 (“protective member”) provided in the housing 50 (“case”), extending along a first direction (x-direction), and having a first end portion and a second end portion opposite to to each other in a first direction (x-direction);
a battery cell 10 accommodated in the housing 50 (“case”) and comprising an electrode terminal (11 or 12) protruding from the battery cell in a second direction (z-direction) perpendicular to the first direction (x-direction), the battery cell 10 being positioned next to the holder 120 (“protective member”) in a third direction (y-direction) [see Fig. 6 where support ribs 130 are adjacent battery cell in the y-direction] perpendicular to both the first direction (x-direction) and the second direction (z-direction); and
a fixing member 140 provided at and fixed to the first end portion of the holder 120 (“protective member”) (Fig. 6);
wherein the holder 120 (“protective member”) has a protective portion (i.e., any of the first and/or second support projections 124, 126 OR protective projections 128, 129), the protective portion protrudes beyond the electrode terminal (11 or 12) in the second direction, the electrode terminal (11, 12) and the housing 50 (“case”) have a gap in the second direction (Figs. 1-2), (Figs. 5-6; P8-24, 50-62; entire disclosure relied upon).
It is noted that the claimed “case” can also only be lower case 51 or upper case 52 versus the collective whole 50 (=51, 52).
Regarding claim 2, Hwangbo teaches wherein the fixing member 140 is one of multiple (i.e., “is a first fixing member”), and the battery further comprising a second fixing member 140 located at the second end portion of the holder 120 (“protective member”) (Figs. 5-6; P8-24, 50-62; entire disclosure relied upon).
Regarding claim 4, Hwangbo teaches wherein a surface of the holder 120 (“protective member”) facing the battery cell 10 in the third direction is joined to the battery cell (Figs. 5-6).
Regarding claim 5, Hwangbo teaches wherein the holder 120 (“protective member”) is a plate component extending in the first direction, and the protective portion is a convex portion of the holder 120 (“protective member”) protruding towards the case in the second direction (Figs. 5-6).
Regarding claim 6, Hwangbo teaches wherein an upper buffer plate 54 (“cover component”) is provided between the housing 50 (“case”) and the battery cell 10 (Figs. 5-6).
Regarding claim 7, Hwangbo teaches wherein a lower buffer member 53 (“sheath”) is installed (indirectly3) on a surface of the (“cover component”) opposite to the battery cell, and the lower buffer member 53 (“sheath”) protects the protective portion when the case is impacted (P41).
Regarding claim 13, Hwangbo teaches wherein the battery cell 10 has a case including the illustrated “cover body” (i.e., top surface) (P35, 47), the electrode terminal (11 or 12) is provided on the cover body (Figs. 1-2), and the electrode terminal (11, 12) protrudes beyond the cover body in the second direction (Figs. 1-2), and the holder 20 (“cover component”) (Interpretation B) has a first protruding part 23 (“buffering member”) [or second protruding part 25, or third protruding part 27a, or the buffer recesses 23a, 25a, 27a formed thereby), and the buffering member is provided opposite to the cover body (Fig. 4), and is supported by the cover body (Fig. 4) (P35, 43-49; Figs. 1-4).
Regarding claim 14, Hwangbo teaches wherein teaches wherein [the battery cell 10 has a case including the illustrated “cover body” (i.e., top surface) (P35, 47)]4, the cover body of the battery cell further comprises a vent 17 (“pressure relief mechanism”), and the pressure relief mechanism is configured to be actuated when an internal pressure or temperature of the battery cell reaches a threshold so as to relieve the internal pressure (P48), and the cover component is provided with a third protruding part 27 including a third buffer recess 27a (“an exhaust port”) above the vent (“an exhaust port”) and at a position opposite to the vent (“pressure relief mechanism”) (P17, 18, 48; Figs. 1-4).
Regarding claim 15, Hwangbo teaches wherein the battery has a plurality of battery cells 10, the plurality of battery cells are arranged in the first direction (Fig. 1), and the protective member extends in the first direction to protect the plurality of battery cells5 (Fig. 1).
Regarding claim 17, Hwangbo teaches the battery of claim 1 (rejection of which is incorporated in its entirety and not repeated here). Hwangbo does explicitly teach a method for preparing said battery, the method steps being providing the components claimed. Given the taught construct, it is not clear how the achieved and taught construct could be provided by any other method than that claimed in which the components are merely “provided” to prepare the battery. Accordingly, the method for preparing the battery is considered intrinsic to the taught construct (Figs. 1-4).
Third Interpretation
Regarding claim 1, Hwangbo teaches a battery (Figs. 1-4), comprising:
an upper housing 52 (“a case”); and
a lower housing 51 (“a protective member”) provided in the upper housing 52 (“case”) (i.e., see Fig. 2 where 51 is inserted into 52), extending along a first direction, and having a first end portion and a second end porton opposite to each other in the first direction (x-direction) (see Figs. 1-2);
a battery cell 10 (at leat partially) accommodated in the upper housing 52 (“a case”) and comprising an electrode terminal (11 or 12) protruding from the battery cell in a second direction (z-direction) perpendicular to the first direction (x-direction), the battery cell 10 being positioned next to the lower housing 51 (“protective member”) in a third direction (y-direction) perpendicular to both the first direction (x-direction) and the second direction (z-direction); and
a “fixing member” (the interlocking side members of upper housing 52) provided at and fixed to the first end portion of the lower housing 51 (“protective member”) (Fig. 1),
wherein the lower housing 51 (“a protective member”) has a protective portion (see narrower interlocking portions at the top portions – Fig. 2) that protrude beyond the electrode terminal (11 or 12) in the second direction to support the upper housing 52 (“cae”) in the second direction (z-direction), and the electrode terminal (11 or 12) and the upper housing 52 (“case”) have a gap in the second direction (z-direction) (see Fig. 2).
8. The rejection of claims 1 and 3-8 under 35 U.S.C. 102(a)(1) as being anticipated by Yoshioka et al. (US 2013/0095359) is maintained and updated to reflect the amendments provided.
Regarding claim 1, Yoshioka teaches a battery pack 1 (“battery”), comprising:
a stack case 2 including bottom member 9; end plates 3a, 3b configured to accommodate the battery cell 7; and inner cover member 11 (“a case”) (P61, 66); and
a spacer 8 (“protective member”) provided in the case (2, 9, 3a, 3b, 11), extending along a first direction (y-direction), and having a first end portion and a second end portion opposite to each other in the first direction (y-direction);
a battery cell 7 accommodated in the case (2, 9, 3a, 3b, 11) and comprising an electrode terminal (41 or 42) protruding from the battery cell 7 in a second direction (z-direction) perpendicular to the first direction, the battery cell being positioned next to the spacer 8 (“protective member”) in a third direction (x-direction), and
“a fixing member” (engaging hole(s) 53 within bottom member 9) provided at and fixed to the first end portion of the spacer 8 (“protective member”) [via engaging pawls 50a, 50b of the spacer 8 (“protective member”)],
wherein the protective member 8 has an insulating wall 48 (“protective portion”), the protective portion 48 protrudes beyond the electrode terminal (41 or 42) in the second direction to support the case (2, 9, 3a, 3b, 11 – specifically inner cover member 116), and the electrode terminal (41 or 42) and the case (2, 9, 3a, 3b, 11) have a gap (any of 19, 20, 21, 22, gap(s) illustrated in Fig. 2 within bottom plate 11 due to projection 14- P36) in the second direction.
Regarding claim 2, Yoshioka teaches wherein the “a fixing member” (engaging hole(s) 53 within bottom member 9) are plural (i.e., “the fixing member is a first fixing member”), the battery further comprising a second fixing member (one of the engaging holes 53 not relied upon for the first fixing member) located at the second end portion of the spacer 8 (“protective member”) (Figs. 5A-6A).
Regarding claim 4, Yoshioka teaches wherein a surface of the spacer 8 (“protective member”) facing the battery cell in the third direction is joined to the battery cell (Fig. 3).
Regarding claim 5, Yoshioka teaches wherein the spacer 8 (“protective member”) is a plate component extending in the first direction, and the insulating wall 48 (“protective portion”) is a convex portion of the spacer 8 (“protective member”) protruding towards the case in the second direction.
Regarding claim 6, Yoshioka teaches wherein a second spacer 8 (“a cover component”) is provided between the case (2, 9, 3a, 3b) and the battery cell 7.
It is noted that the cover component is not defined with any actual structure outside of being a component that is required to cover [something] and being provided in the location claimed such that many entities may read on this entity. The claims also fail to define a plurality of protective members such that a first spacer 8 can read on the claimed “protective member” and a second spacer 8 can read on the claimed “cover component.”
Regarding claim 7, Yoshioka teaches wherein a bottom member 9 (“a sheath”) is installed on a surface of the second spacer 8 (“cover component”) opposite to the battery cell, and the bottom member 9 (“a sheath”) protects the protective portion 48 when the case is impacted.
Regarding claim 8, Yoshioka teaches wherein the second spacer member 8 (“cover component”) has an engaging pawl 50a (“reinforcing component”),
the reinforcing member (50a) is configured to reinforce rigidity of the second spacer member 8 (“cover component”) (i.e., engaging pawl 50a reinforces rigidity of the member by allowing pairing with the bottom member 9),
the reinforcing member 50ais formed on a surface of the second spacer member 8 (“cover component”) opposite to the battery cell, and protrudes towards the battery cell (i.e., at least in the thickness direction), and the bottom member 9 (“sheath”) is clamped in a concave portion formed by the reinforcing member 50a (see Figs. 5A-5B; 6A-6B).
Claim Rejections - 35 USC § 103
9. The rejection of claims 16-17 under 35 U.S.C. 103 as being unpatentable over Hwangbo (US 2015/0295212) as applied to at least claim 1 above is maintained. The rejection of claim 17 is an alternative rejection.
Regarding claim 16, Hwangbo teaches that large capacity rechargeable batteries (i.e., a plurality of batteries coupled in series to form a battery module – P6) are used as power sources for driving motors (e.g., hybrid motors and the like) (“an electric device”), and goes on to teach such a battery (Figs. 1-4; entire disclosure relied upon).
Hwangbo does not explicitly state that the taught battery (Figs. 1-4) is comprised within an electric device used to provided electrical energy to the [electric] device; however, given Hwangbo teaches that this is the end use of such batteries (P5-7), it would have been immediately obvious to one having ordinary skill in the art at the effective filing date of the invention to utilize the taught battery to provide electrical energy to an electric device in which it is comprised, the configuration being well-known and standard in the prior art, and providing an end use/functionality of the battery.
Regarding claim 17, as detailed above, the Examiner takes the following position in the anticipation rejection of the claim:
Hwangbo teaches the battery of claim 1 (rejection of which is incorporated in its entirety and not repeated here). Hwangbo does explicitly teach a method for preparing said battery, the method steps being providing the components claimed. Given the taught construct, it is not clear how the achieved and taught construct could be provided by any other method than that claimed in which the components are merely “provided” to prepare the battery. Accordingly, the method for preparing the battery is considered intrinsic to the taught construct (Figs. 1-4).
As an alternative rejection in the instance that Applicant can demonstrate that the battery of Hwangbo could somehow be prepared by another method (not conceded), the method steps of providing the taught components taught by Hwangbo to achieve the taught battery in a method for preparing the battery are considered prima facie obvious in order to obtain the final construct taught by Hwangbo.
Response to Arguments
10. Applicant's arguments filed 1/15/2026 with respect to the prior art rejections have been fully considered but they are not persuasive.
Applicant argues:
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In response: The component(s) relied upon for the First Interpretation of Hwangbo have been altered in view of the amendments filed, wherein the claim amendments delete previously previously (unsupported) limitations, and also also add other limitations, some of which are broadening in nature compared to the original claim(s). Accordingly, the First Interpretation of Hwangbo as updated, does teach the quoted feature above (see updated rejection of record) and the argument is not considered persuasive.
Applicant argues:
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In response: It is noted it is not clear how the rechargeable battery cell 10 is considered by Applicant as “allegedly corresponding to the claimed “battery cell” of the instant application when they are identical components.
As to the argument presented, Applicant is directed to the updated rejection of record and Fig. 6 in which support ribs 130 of holder 120 are adjacent the battery cell in the y-direction. Specifically, Hwangbo in the Second Interpretation teaches:
“a holder 120 (“protective member”) provided in the housing 50 (“case”), extending along a first direction (x-direction), and having a first end portion and a second end portion opposite to to each other in a first direction (x-direction);
a battery cell 10 accommodated in the housing 50 (“case”) and comprising an electrode terminal (11 or 12) protruding from the battery cell in a second direction (z-direction) perpendicular to the first direction (x-direction), the battery cell 10 being positioned next to the holder 120 (“protective member”) in a third direction (y-direction) [see Fig. 6 where support ribs 130 are adjacent battery cell in the y-direction] perpendicular to both the first direction (x-direction) and the second direction (z-direction)…”
Accordingly, the claim is fully met in the updated rejection of record to reflect the amendments filed in the Second Interpretation. An additional Third Interpretation of Hwangbo is applied to the amended claims as well.
It is noted that the claims utilize broad language of “a protective member,” a “fixing member” and a “protective portion” that are largely only defined in terms of their functionality (i.e., a protective member, a fixing member) and the location in which they extend or protrude in a given direction. It is recommended that actual structural limitations are added to better define and distinguish these components aside from their functionality and a direction they extend/protrude in.
Applicant argues the Yoshioka rejection with respect to the previously relied uon pawls 50a/50b (see pages 14-15 of the response filed).
In response: The claims no longer require the prior requirements of the fixing members of claim 2 such that a different entity is relied upon to teach the feature. The interpretation set forth presently is not limiting because again, the claims utilize broad language of “a protective member,” a “fixing member” and a “protective portion” that are largely only defined in terms of their functionality (i.e., a protective member, a fixing member) and the location in which they extend or protrude in a given direction such that many interpretations of the prior art relative to the claim exist.
Applicant argues that because claims 9-12 are not rejected under 35 U.S.C. 102(a)(1) or 103, they are allowable.
In response: Claims 9-12 are rejected under 35 U.S.C. 112(a)/first paragraph given they depend on claim 1 which has a rejection under 35 U.S.C. 112(a)/first paragraph and are thus not allowable.
Conclusion
11. The prior art previously made of record and not relied upon is considered pertinent to applicant's disclosure:
Omura et al. (US 2019/0334145) and Ohshiba et al. (US 2015/0280190).
12. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 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.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA J BILLIET whose telephone number is (571)270-7867. The examiner can normally be reached Monday-Friday 9am - 6pm CST.
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, Ula C Tavares-Crockett can be reached at (571) 272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMANDA J BILLIET/Primary Examiner, Art Unit 1729
1 “at” is a broad preposition meaning in, on, or near
2 The italicized language is a functional limitation or result-obtained language that is evaluated solely for the implicitly or explicitly required structure flowing therefrom. Thus, so long as the prior art teaches the the protective member extends in the first direction, the prior art protective member will be considered capable of meeting this functionality.
3 Consistent with how the state of the prior art interprets “on” (i.e., directly on and/or indirectly on unless explicitly stated one way or the other).
4 This is added given the indefinite issue under 35 U.S.C. 112(b)/second paragraph as outlined above.
5 The italicized language is a functional limitation or result-obtained language that is evaluated solely for the implicitly or explicitly required structure flowing therefrom. Thus, so long as the prior art teaches the the protective member extends in the first direction, the prior art protective member will be considered capable of meeting this functionality.
6The spacer 8 (“protective member”) is fixed to the inner cover member 11 (engaging holes 49a, 49b of spacer 8 (“protective member”) engage with engaging projection 65 of inner cover member 11 (P61).
Prosecution Insights