Prosecution Insights
Last updated: April 19, 2026
Application No. 18/201,416

BATTERY ASSEMBLY, IN PARTICULAR FOR USE IN AN ELECTRICAL PROPULSION VTOL AIRCRAFT, AND ELECTRICAL PROPULSION VTOL AIRCRAFT COMPRISING SUCH A BATTERY ASSEMBLY

Non-Final OA §102§103§112
Filed
May 24, 2023
Examiner
APICELLA, KARIE O
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Lilium Eaircraft GmbH
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
834 granted / 1040 resolved
+15.2% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
53 currently pending
Career history
1093
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.0%
+5.0% vs TC avg
§102
36.7%
-3.3% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1040 resolved cases

Office Action

§102 §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 . 2. Claims 1-15 are pending in this office action. Priority 3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), which papers have been placed of record in the file. Information Disclosure Statement 4. Information disclosure statement (IDS), submitted May 24, 2023, has been received and considered by the examiner. Claim Rejections - 35 USC § 112 5. 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. 6. Claims 13-14 are 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. The term “preferably” in Claim 13, line 3, and Claim 14, line 3, makes it unclear as to whether the limitations that follow the phrase are required limitations of the claim. Claim Rejections - 35 USC § 102 7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 8. 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. 9. Claims 1-3, 5-10 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andryukov et al. (US 2019/0165408 A1). With regard to Claim 1, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, a battery assembly, called a battery array (200), comprising: a battery box, comprising: a housing including a base plate, called a tray (306) and a cover (302); at least one battery cell stack, called battery pack assemblies (202) mounted inside the housing, wherein each of the battery cell stacks (202) in turn comprises a plurality of battery cells (212) stacked on top of the base plate (306) along a stacking direction and electrically connected in series or in parallel through interconnects (210) (paragraphs 0060-0065); electrical connectors (410) disposed on the outer side of the housing (302, 306); and an interface unit for coupling with an electronics unit, called a battery pack controller (406); an electronics unit (406), comprising: electronic control components, including an internal power harness (402) and an internal data harness (404); and an interface unit for coupling with the battery box (302, 306); wherein in use the battery box (302, 306) and the electronics unit (406) are interfaced by their respective interface units such that operation of the at least one battery cell stack (202) is controlled by the electronic control components (402, 404) of the electronics unit (406) (paragraph 0065). With regard to Claim 2, Andryukov et al. disclose in Figures 3a-3d, wherein the battery box (302, 306) further comprises at least one inlet port, called a front cooling door (310), at least one outlet port, called a rear cooling door (304), and at least one cooling channel, called a cooling path, for circulating a cooling fluid therein, wherein preferably one inlet port (310), one outlet port (304) and one cooling circuit are respectively provided for each of the battery cell stacks (202) (paragraphs 0062-0063). With regard to Claim 3, Andryukov et al. disclose in Figures 3a-3d, wherein the cover (302) of the battery box is formed in a single piece (paragraph 0062). With regard to Claim 5, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, wherein the electronics unit (406) comprises a housing, including a plate, in which the electronic control components (402, 404) are mounted; and wherein the respective housings of the battery box (302, 306) and the electronics unit (406) are adapted for a positive mechanical fit for establishing a physical coupling between the battery box (302, 306) and the electronics unit (406) through the resistive heater (326) (paragraph 0065). With regard to Claim 6, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, wherein the electronic control components (402, 404) form or comprise a power distribution unit by monitoring and adjusting parameters of the battery pack assembly (202) (paragraph 0065). With regard to Claim 7, Andryukov et al. disclose in Figure 5, wherein each of the battery cell stacks (202) comprises 16 2p pouch assemblies or 32 battery cells (paragraph 0068), which meets the claimed limitation of between 20 and 100 battery cells and/or between two and six, preferably four battery cell stacks are provided in the battery box (302, 306) (paragraph 0068). With regard to Claim 8, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, wherein a plurality of battery cell stacks (202) are provided, which are interconnected in series or in parallel by means of jumper bus bars called interconnectors (210) (paragraph 0060). With regard to Claim 9, Andryukov et al. disclose in Figures 8a-8d, wherein the at least one battery cell stack (202) on both ends in the stacking direction comprises a respective compression plate, called a pressure plate (704), wherein a tension member, called strapping material (708), is provided for compressing the battery cell stack (202) along the stacking direction (paragraph 0074). With regard to Claim 10, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, wherein each of the battery cell stacks (202) is provided with a cell supervision circuit, called a PCB (520), for supervising the battery cells (202) during operation (paragraph 0069). With regard to Claim 12, Andryukov et al. disclose in Figures 1a-1d, an electrical propulsion VTOL aircraft, called a solar powered aircraft (100), comprising: at least one pair of wings (102); a fuselage (109) defining a vertical direction; a plurality of electrically driven propulsion motors (101); and at least one battery assembly (200) noted above (paragraphs 0046-0047), adapted to provide electrical power for driving the propulsion motors (101), wherein the at least one battery assembly (200) is mounted in the fuselage (109) in such a manner that the stacking direction (V) of the at least one battery cell stack (202) substantially coincides with the vertical direction of the aircraft (100) (paragraphs 0058-0059, 0062). With regard to Claim 13, Andryukov et al. disclose in Figure 4, wherein the battery box (302, 306) and the electronics unit (406) of the at least one battery assembly (200) are aligned along the vertical direction of the aircraft (100), wherein the respective housings of the battery box (302, 306) and the electronics unit (406) are physically coupled to one another (paragraph 0065). With regard to Claim 14, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, wherein at least one crash absorption structure, called insulation (328), is provided on each side of the cover (302) and below the tray (306) of the at least one battery assembly (200) along the vertical direction of the aircraft (100) (paragraph 0063). With regard to Claim 15, Andryukov et al. disclose in Figures 1a-1d, wherein the propulsion motors (101) are integrated with flap elements pivotably mounted to the wings (102) (paragraph 0047). Claim Rejections - 35 USC § 103 10. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 11. 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, 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. 12. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 13. Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Andryukov et al. (US 2019/0165408 A1), as applied to Claims 1-3, 5-10 and 12-15 above, and in further view of Villanueva et al. (US 2021/0391627 A1). With regard to Claim 4, Andryukov et al. disclose the battery assembly in paragraph 9 above, but do not specifically disclose wherein at least one burst disk is provided between the inside and the outside of the housing of the battery box. Villanueva et al. disclose in Figures 1 and 6-8, an aircraft energy storage system (100) including one or more battery packs (102), wherein each battery pack (102) includes one or more propulsion systems (108), a battery mate (110) for connecting it to the system, a burst membrane (112) as part of a venting system, a fluid circulation system (114) and power electronics (116) (paragraph 0040). Villanueva et al. disclose wherein the venting system can include one or more vents (804) that fluidly connect one or more battery cells in a battery pack (704) with the ambient environment. Each vent (804) can include one or more burst membranes (112) and define one or more vent pathways (802) fluidly and/or mechanically connecting to one or more batteries, located between the inside and the outside of the housing of the battery pack (704) (See Figures; paragraphs 0082-0088). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the battery assembly of Andryukov et al. to include at least one burst disk provided between the inside and the outside of the housing of the battery box, because Villanueva et al. teach that this configuration allows for engaging and/or releasing under any suitable pressure and/or temperature conditions, wherein the burst pressure is selected to activate in response to a thermal event, but not under normal aircraft operating conditions (paragraph 0088). With regard to Claim 11, Andryukov et al. disclose the battery assembly in paragraph 9 above, but do not specifically disclose wherein a plurality of attachment units are provided to the battery box for attaching the battery assembly to a superordinate structure. Villanueva et al. disclose in Figures 16, 17A, 17B and 18, a battery pack (1600) mounted to wing ribs (1806) or other fore-aft supporting structures in the wing using a mounting bracket (1602,1604). The battery pack (1600) is rigidly mounted on one side to the mounting bracket (1602) which is in turn mounted to a rib (1806) (paragraphs 0109-0115). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the battery assembly of Andryukov et al. to include a plurality of attachment units provided to the battery box for attaching the battery assembly to a superordinate structure, because Villanueva et al. teach that this mounting configuration allows for rigid fastening while accommodating relative movement without transmitting undue forces to the battery pack (paragraph 0115). Conclusion 14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIE O APICELLA whose telephone number is (571)272-8614. The examiner can normally be reached Monday thru Friday; 8:00AM to 5:00PM EST. 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, Nicole Buie-Hatcher can be reached at 571-270-3879. 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. /KARIE O'NEILL APICELLA/ Primary Examiner, Art Unit 1725
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Prosecution Timeline

May 24, 2023
Application Filed
Jan 27, 2026
Non-Final Rejection — §102, §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

1-2
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+12.4%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 1040 resolved cases by this examiner. Grant probability derived from career allow rate.

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