Prosecution Insights
Last updated: April 19, 2026
Application No. 18/112,928

ELECTRODE ASSEMBLY WITH HEAT SPREADING LAYER, BATTERY CELL AND BATTERY EMPLOYING SUCH ELECTRODE ASSEMBLIES

Non-Final OA §103§112
Filed
Feb 22, 2023
Examiner
DIGNAN, MICHAEL L
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Lilium Eaircraft GmbH
OA Round
3 (Non-Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
3y 0m
To Grant
75%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
410 granted / 716 resolved
-7.7% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
43 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
53.9%
+13.9% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice to Applicant A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2026-03-06 has been entered. In the amendment dated 2026-03-06, the following has occurred: Claims 1-4, 10, 12, and 16-17 have been amended; Claims 5-8 have been (previously) canceled. Claims 1-4 and 9-21 are pending and are examined herein. This is a Non-Final Rejection. 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 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 18 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. The term “the connection” lacks a proper antecedent. It is not clear what is even being referred to. The Office has interpreted it to refer to a welding connection anywhere on the current collector. Claim Rejections - 35 USC § 103 Claims 1, 4, 9-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2014/0234689 to Kim et al.) in view of Hermann (US Patent No. 8,968,949 to Hermann et al.), in further view of Ke (CN 111640949 to Ke et al., the Office cites to machine English translation). Regarding Claim 1, Kim teaches: an electrode assembly comprising an electrode (¶ 0010) a laminated film 10 surrounding the electrode comprising an aluminum layer 15, a first polymer layer 12, a second polymer layer 18, and a heat spreading layer 11 comprising carbon (¶ 0028, 0034-0035, 0053, and Fig. 5) PNG media_image1.png 416 308 media_image1.png Greyscale Kim does not explicitly teach: a current collector comprising a first conductive layer, second conductive layer, and another heat spreading layer interposed between the conductive layers, wherein the heat spreading layer of the current collector is “connected to” the heat spreading layer of the pouch laminate a specific “heat sink” as a separate object connected to the heat spreading layer of the pouch laminate The phrase “is connected to” is interpreted in line with the specification as written to mean “in thermal contact with.” That is, a current collector with an internal heat spreading layer that leads into tabs exiting a pouch cell, as was conventional in the art, provides thermal connection between the internal heat spreading layer of the laminated pouch material and the current collector’s heat spreading layer via thermal contact between the pouch material and the tabs/collectors. Ke, from the same field of invention, regarding a current collector for a battery, teaches: an electrode assembly (p. 1) comprising in a stacked manner an anode with collector and active layer, a separator, and a cathode with collector and active layer (Figs. 1-3, p. 2) wherein the current collector(s) of at least one of the layers comprises at least two conductive layers 2/4 with a heat spreading layer 3 therebetween (Fig. 1, p. 3) PNG media_image2.png 202 626 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art to provide a cell assembly using current collectors as taught in Ke with the pouch packaging laminate taught in Kim, with the motivation to improve heat dissipation through the cell. Such a combination, with the conventional tabs that pass through a sealed pouch packaging, as shown in Hermann, would result in thermal connection between the respective heat spreading layers of the collectors and the laminated packaging. Kim does not discuss the pouch cells or a battery pack in which the pouch cells using the laminate of Kim might be used. Hermann, however, from the same field of invention, regarding a battery pack comprising pouch cells (column 5), teaches providing the pouch cells in a stack with a heat sink 423 in thermal contact with the pouch laminate (column 6 lines 6-23, column 10, Fig. 4B) to control battery cell temperatures. PNG media_image3.png 558 618 media_image3.png Greyscale It would have been obvious to provide a heat sink in thermal contact with the pouch laminates and tabs of the cells in a battery pack of conventional design, like that shown in Hermann, with the motivation to better distribute and control heat. Regarding Claim 4, Kim teaches: a heat spreading layer thickness of 5 microns (¶ 0053) Regarding Claim 9, Hermann renders obvious: conventional pouch cells with cathode and anode current collectors (Figs, etc.) Current collectors are standard elements of pouch cells known in the art and would be obvious to provide in a pouch battery for that reason. Regarding Claims 10 and 12, Kim does not teach: both current collectors have heat spreading layers of the same material Both Kim and Ke, however, teach using carbons known in the art, including graphites and graphene. Simple substitution of one known element for another to obtain predictable results has been found to be obvious. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). It would have been obvious to use the same material, since both references teach overlapping classes of materials. Regarding Claim 13, Kim renders obvious: use of the packaging with a battery cell (abstract, etc.) Regarding Claim 14, Hermann renders obvious: a cooling plate designed to control temperatures in the heat sink (column 6) Regarding Claim 15, Hermann teaches: battery packs used in vehicles (columns 1-2) Battery-powered vehicles, including aircraft were conventional in the art. See e.g. previously cited Bender (US 2020/0010209) for evidence of ordinary skill in the art. Simple substitution of one known element for another to obtain predictable results has been found to be obvious. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). Claims 2-3 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2014/0234689 to Kim et al.) in view of Hermann (US Patent No. 8,968,949 to Hermann et al.), in further view of Ke (CN 111640949 to Ke et al., the Office cites to machine English translation). Regarding Claims 2-3, Kim teaches: use of graphite, carbon nanotubes, and other conventional carbons having high thermal conductivity (¶ 0053) Ke teaches: wherein the heat-spreading layer 3 comprises carbon materials like graphite, carbon black, graphene, and nanostructured carbon, with a binder having a high thermal conductivity of over 5300 W/(m·K) (p. 3) Kim does not explicitly teach: a thermal conductivity for the layer, such as one over 200 W/(mK) specifically pyrolytic carbon material Sayir, however, from the same field of invention, teaches use of pyrolytic graphite to form very thermally conductive carbons for use as heat dissipation materials (abstract), wherein the conductivity can be as high as 300-1850 W/(mK) (¶ 0026). It would have been obvious to use a highly thermally conductive pyrolytic carbon, such as that taught in Sayir, in the layers of Kim and/or Ke, in order to improve heat dissipation. Regarding Claim 16, Kim teaches: an electrode assembly comprising electrodes with current collectors (¶ 0010) a laminated film 10 surrounding the electrode comprising an aluminum layer 15, a first polymer layer 12, a second polymer layer 18, and a heat spreading layer 11 comprising carbon (¶ 0028, 0034-0035, 0053, and Fig. 5) PNG media_image1.png 416 308 media_image1.png Greyscale Kim does not explicitly teach: a current collector comprising a first conductive layer, second conductive layer, and another heat spreading layer interposed between the conductive layers, wherein the heat spreading layer of the current collector is “connected to” the heat spreading layer of the pouch laminate a specific “heat sink” as a separate object connected to the heat spreading layer of the pouch laminate The phrase “is connected to” is interpreted in line with the specification as written to mean “in thermal contact with.” That is, a current collector with an internal heat spreading layer that leads into tabs exiting a pouch cell, as was conventional in the art, provides thermal connection between the internal heat spreading layer of the laminated pouch material and the current collector’s heat spreading layer via thermal contact between the pouch material and the tabs/collectors. Ke, from the same field of invention, regarding a current collector for a battery, teaches: an electrode assembly (p. 1) comprising in a stacked manner an anode with collector and active layer, a separator, and a cathode with collector and active layer (Figs. 1-3, p. 2) wherein the current collector(s) of at least one of the layers comprises at least two conductive layers 2/4 with a heat spreading layer 3 therebetween (Fig. 1, p. 3) PNG media_image2.png 202 626 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art to provide a cell assembly using current collectors as taught in Ke with the pouch packaging laminate taught in Kim, with the motivation to improve heat dissipation through the cell. Such a combination, with the conventional tabs that pass through a sealed pouch packaging, as shown in Hermann, would result in thermal connection between the respective heat spreading layers of the collectors and the laminated packaging. Kim does not discuss the pouch cells or a battery pack in which the pouch cells using the laminate of Kim might be used. Hermann, however, from the same field of invention, regarding a battery pack comprising pouch cells (column 5), teaches providing the pouch cells in a stack with a heat sink 423 in thermal contact with the pouch laminate (column 6 lines 6-23, column 10, Fig. 4B) to control battery cell temperatures. PNG media_image3.png 558 618 media_image3.png Greyscale It would have been obvious to provide a heat sink in thermal contact with the pouch laminates and tabs of the cells in a battery pack of conventional design, like that shown in Hermann, with the motivation to better distribute and control heat. Kim and Ke do not explicitly teach: specifically pyrolytic carbon material Sayir, however, from the same field of invention, teaches use of pyrolytic graphite to form very thermally conductive carbons for use as heat dissipation materials (abstract), wherein the conductivity can be as high as 300-1850 W/(mK) (¶ 0026). It would have been obvious to use a highly thermally conductive pyrolytic carbon, such as that taught in Sayir, in the layers of Kim and/or Ke, in order to improve heat dissipation. Regarding Claim 17, Ke teaches: wherein the heat spreading layer 3 is fully laminated with its neighboring conductive layers 2/4 and therefore “connected around its edges” to them in a gas-tight manner, within the broadest reasonable interpretation of the phrase, since there are no intervening gaps or openings Regarding Claim 18, Ke teaches: use of the current collector in conventional cells Pouch cells commonly welded tabs to current collectors, and laser welding was a conventional in the art. Use of a known technique to improve similar devices, methods, or products in the same way, and applying a known technique to a known device, method, or product ready for improvement to yield predictable results has been found to be obvious. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). Regarding Claims 19 and 20, Ke teaches: an anode collector of copper foils and a cathode collector of aluminum (p. 7) Regarding Claim 21, Ke does not explicitly teach: an aircraft Battery-powered vehicles, including aircraft were conventional in the art. See e.g. previously cited Bender (US 2020/0010209) for evidence of ordinary skill in the art. Simple substitution of one known element for another to obtain predictable results has been found to be obvious. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). Response to Arguments The Remarks from 2026-03-06 have been considered but do not place the application in condition for allowance. In response to the claim amendments, the § 103 rejections have been reconfigured to rely on Kim, Ke, Hermann, and Sayir. Applicant has argued that the prior art does not teach the heat spreading layers are “connected” as claimed. The instant specification and figures do not show what the connection is or how it is made. The broadest reasonable interpretation of the phrase “connected to” therefore has been interpreted in line with the inventive intention and function as vaguely described to mean: in thermal connection. A current collector or set of current collectors having a heat spreading layer that is drawn out through a battery pouch laminate structure will be in thermal contact with a laminate heat spreading layer at least at the periphery where the tabs are drawn out. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Dignan, whose telephone number is (571) 272-6425. The examiner can normally be reached from Monday to Friday between 10 AM and 6:30 PM. If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Tiffany Legette, can be reached at (571)270-7078. Another resource that is available to applicants is the Patent Application Information Retrieval (PAIR). Information regarding the status of an application can be obtained from the (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAX. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Applicants are invited to contact the Office to schedule an in-person interview to discuss and resolve the issues set forth in this Office Action. Although an interview is not required, the Office believes that an interview can be of use to resolve any issues related to a patent application in an efficient and prompt manner. /MICHAEL L DIGNAN/Examiner, Art Unit 1723
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Prosecution Timeline

Feb 22, 2023
Application Filed
Aug 19, 2025
Non-Final Rejection — §103, §112
Nov 19, 2025
Applicant Interview (Telephonic)
Nov 19, 2025
Examiner Interview Summary
Nov 21, 2025
Response Filed
Dec 17, 2025
Final Rejection — §103, §112
Mar 06, 2026
Request for Continued Examination
Mar 10, 2026
Response after Non-Final Action
Mar 16, 2026
Non-Final Rejection — §103, §112 (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

3-4
Expected OA Rounds
57%
Grant Probability
75%
With Interview (+17.4%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 716 resolved cases by this examiner. Grant probability derived from career allow rate.

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