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. The Applicant's amendments filed on May 11, 2026, were received. Claims 1-7, 9 and 12-14 have been amended. None of the Claims have been cancelled or withdrawn from consideration. Claims 16-18 have been added as new. Therefore, Claims 1-18 are pending in this office action.
3. The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office Action issued on February 9, 2026.
Claim Rejections - 35 USC § 112
4. The rejection of Claims 13-14 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, has been overcome based on the amendments to the Claims and the arguments presented on pages 8-9 of the Remarks dated May 11, 2026.
Claim Rejections - 35 USC § 102
5. The rejection of Claims 1-3, 5-10 and 12-15 under 35 U.S.C. 102(a)(1) as being anticipated by Andryukov et al. (US 2019/0165408 A1), has been overcome based on the amendments to the Claims and the arguments presented on pages 9-11 of the Remarks dated May 11, 2026.
6. Claim 18 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andryukov et al. (US 2019/0165408 A1).
With regard to Claim 18, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, a battery assembly, called a battery array (200), for use in an electrical propulsion VTOL aircraft, called a solar powered aircraft (100), 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 the battery cell stacks (202) 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); and an interface unit for coupling with an electronics unit, called a battery pack controller (406); the 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 the battery box (302, 306) and the electronics unit (406) are configured to be 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), and wherein the respective housings of the battery box (302, 306) and the electronics unit (406) are adapted for a physical coupling between the battery box (302, 306) and the electronics unit (406) through one or more plugs/connectors (410) (paragraph 0065).
The recitation, “for use in an aircraft”, is considered functional language which imparts intended use to the structural features of the product. Therefore, while the claim language has been considered with regard to structure, the intended use language it is not given patentable weight because it is directed to a process and not directed to the structural features of the product. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113.
The recitation, “for use in an aircraft”, is also recited in the preamble, therefore the recitation is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
Claim Rejections - 35 USC § 103
7. The rejection of Claims 4 and 11 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), has been overcome based on the amendments to the Claims and the arguments presented on pages 11-12 of the Remarks dated May 11, 2026.
8. Claims 1-3, 5-10 and 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Andryukov et al. (US 2019/0165408 A1) in view of Lee et al. (US 2022/0311042 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), for use in an electrical propulsion VTOL aircraft, called a solar powered aircraft (100), 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 the battery cell stacks (202) 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); and an interface unit for coupling with an electronics unit, called a battery pack controller (406); the 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 the battery box (302, 306) and the electronics unit (406) are configured to be 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).
Andryukov et al. do not specifically disclose wherein the stacking direction is substantially perpendicular to the base plate.
Lee et al. disclose a battery case including an upper plate portion (100) and a lower plate portion (200) spaced apart from each other in an upward-downward, or vertical, direction to form an inner space having battery cells stacked in an upward-downward, or vertical, direction (paragraph 0023). 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 the stacking direction of the battery to be substantially perpendicular to the base plate, because Lee et al. teach that this configuration presses the stacked battery cells downward from above due to gravity, and whereby the performance of a battery is improved and damage to the battery cells or the battery case is prevented (paragraphs 0023-0024).
The recitation, “for use in an aircraft”, is considered functional language which imparts intended use to the structural features of the product. Therefore, while the claim language has been considered with regard to structure, the intended use language it is not given patentable weight because it is directed to a process and not directed to the structural features of the product. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. See MPEP 2114. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113.
The recitation, “for use in an aircraft”, is also recited in the preamble, therefore the recitation is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02.
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 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 physical coupling between the battery box (302, 306) and the electronics unit (406) through one or more plugs/connectors (410) (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) 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 (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); a plurality of electrically driven propulsion motors (101); and at least one battery assembly (200) (paragraphs 0046-0047), adapted to provide electrical power for driving the propulsion motors (101), the battery assembly 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 the battery cell stacks (202) 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); and an interface unit for coupling with an electronics unit, called a battery pack controller (406); the 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 the battery box (302, 306) and the electronics unit (406) are configured to be 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).
Andryukov et al. do not specifically disclose wherein the stacking direction is substantially perpendicular to the base plate.
Lee et al. disclose a battery case including an upper plate portion (100) and a lower plate portion (200) spaced apart from each other in an upward-downward, or vertical, direction to form an inner space having battery cells stacked in an upward-downward, or vertical, direction (paragraph 0023). 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 the stacking direction of the battery to be substantially perpendicular to the base plate, because Lee et al. teach that this configuration presses the stacked battery cells downward from above due to gravity, and whereby the performance of a battery is improved and damage to the battery cells or the battery case is prevented (paragraphs 0023-0024).
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 substantially aligned (paragraph 0065). Andryukov et al. do not specifically disclose wherein battery box (302, 306) and the electronics unit (406) are substantially aligned along the vertical direction of the aircraft (100) corresponding to a vertical takeoff direction.
Lee et al. disclose a battery case including an upper plate portion (100) and a lower plate portion (200) spaced apart from each other in an upward-downward, or vertical, direction to form an inner space having battery cells stacked in an upward-downward, or vertical, direction (paragraph 0023). 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 the battery box and the electronics unit being substantially aligned along the vertical direction of the aircraft corresponding to a vertical takeoff direction, because Lee et al. teach that this configuration presses the stacked battery cells downward from above due to gravity, and whereby the performance of a battery is improved and damage to the battery cells or the battery case is prevented (paragraphs 0023-0024).
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 a vertical direction of the aircraft (100) corresponding to a vertical takeoff 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).
With regard to Claim 16, Andryukov et al. disclose in Figures 1a-1d, 2, 3a-3d and 4, wherein the at least one battery assembly is mounted in the fuselage (paragraphs 0046-0047), but do not specifically disclose wherein the stacking direction of the at least one battery cell stack substantially coincides with a vertical direction of the aircraft corresponding to a vertical takeoff direction of the aircraft.
Lee et al. disclose a battery case including an upper plate portion (100) and a lower plate portion (200) spaced apart from each other in an upward-downward, or vertical, direction to form an inner space having battery cells stacked in an upward-downward, or vertical, direction (paragraph 0023). 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 the stacking direction of the at least one battery cell stack to substantially coincide with a vertical direction of the aircraft corresponding to a vertical takeoff direction of the aircraft, because Lee et al. teach that this configuration presses the stacked battery cells downward from above due to gravity, and whereby the performance of a battery is improved and damage to the battery cells or the battery case is prevented (paragraphs 0023-0024).
With regard to Claim 17, Andryukov et al. disclose in Figure 5, wherein each of the battery cell stacks (202) comprises between two and six, preferably four battery cell stacks are provided in the battery box (302, 306) (paragraph 0068).
9. Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Andryukov et al. (US 2019/0165408 A1) in view of Lee et al. (US 2022/0311042 A1), as applied to Claims 1-3, 5-10 and 12-17 above, and in further view of Villanueva et al. (US 2021/0391627 A1).
With regard to Claim 4, Andryukov et al. and Lee et al. disclose the battery assembly in paragraph 8 above, but do not specifically disclose wherein at least one burst disk is provided between an inside and an 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. and Lee 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. and Lee et al. disclose the battery assembly in paragraph 8 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. and Lee 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).
Response to Arguments
10. Applicant’s arguments, see pages 9-12, filed May 11, 2026, with respect to the rejection(s) of Claims 1-3, 5-10 and 12-15 under 35 U.S.C. 102(a)(1) as being anticipated by Andryukov et al. (US 2019/0165408 A1), have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Lee et al. (US 2022/0311042 A1).
Conclusion
11. 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.
12. 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.
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/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725
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