Prosecution Insights
Last updated: April 19, 2026
Application No. 18/388,035

VENTING APPARATUS FOR BATTERY EJECTA FOR USE IN AN ELECTRIC AIRCRAFT

Non-Final OA §103§DP
Filed
Nov 08, 2023
Examiner
VO, JIMMY
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BETA AIR, LLC
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
96%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
468 granted / 645 resolved
+7.6% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
64 currently pending
Career history
709
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
26.6%
-13.4% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 645 resolved cases

Office Action

§103 §DP
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/8/23 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Drawings The drawings were received on 11/8/23. These drawings are acceptable. Claim Rejections - 35 USC § 103 Claims 1-3, 9, 11, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185. As to Claim 1: CN’519 discloses a venting apparatus (see “relief valve… exhaust gas… temperature sensor… measuring temperature … exhaust passage…” abstract; regarding “electric aircraft”… it is noted that the system does not positively recite an aircraft in the body. Thus, the limitation in the preamble is interpreted as an intended use.) for battery ejecta for use in an electric aircraft, the apparatus comprising: a battery module (battery pack, Fig. 3), the battery module comprising a plurality of electrochemical cells (10, single batteries), wherein the plurality of electrochemical cells (10, single batteries) are each separated by a barrier (20, 21, 30, 31, 40, 41, a fixed member); and a plurality of vent ports (13, 13B, relief valves) connected to the plurality of electrochemical cells (10, single batteries) and configured to vent the plurality of electrochemical cells using a plurality of venting paths (exhaust passage S (pg. 5) - note that the as shown in Figure 7-8, the initial plural paths are vertical and then the vertical paths join with an exhaust passage S in the same direction) and at least an outlet (54, through hole), wherein the plurality of vent ports (13, 13B, relief valves) are fluidly connected to the plurality of venting paths (Figure 7-8) and the plurality of venting paths are fluidly connected to at least an outlet (Fig. 7-8). CN’519 does not disclose a barrier made of carbon fiber. In the same field of endeavor, Kritzer also discloses a battery module 18 (Fig. 8) having plurality of batteries 11 with barriers 1 in between batteries 11 [0116] similar to CN’519. Kritzer also discloses the frame can be made from carbon fibers which contains sufficient thermal conductivity as to improve heat transfer in the battery module [0048]. It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate carbon fiber as the material for the barrier of CN’519 as to improve heat transfer in the battery module [0048]. As to Claim 2: CN’519 discloses the plurality of venting paths comprises a conduit (exhaust passage S – Pg. 5, Fig. 7-8). As to Claim 3: CN’519 discloses the conduit is fluidly connected to the plurality of electrochemical cells (exhaust passage S – Pg. 5, Fig. 7-8). As to Claim 9: CN’519 discloses the plurality of venting paths include a crush zone (housing 50, bottom 51) (Fig. 3). As to Claim 11: CN’519 discloses the plurality of venting paths is composed of a heat/temperature-resistant material (see Fig. 2, 3 – pg. 6, the fixing member 20, 30, 40 formed by an insulating component (such as resin)). As to Claim 16: CN’519 discloses a temperature sensor communicatively connected to a module monitoring unit (see “temperature sensor 70… vehicle ECU…” Pg. 9). As to Claim 17: CN’519 discloses the temperature sensor is configured to detect a temperature datum of an electrochemical cell (see “… temperature sensor 70 can measure the temperature of the exhaust passage 70, the battery, and discharge gas from the relief valve…” Fig. 3, Pg. 8). As to Claim 20: CN’519 discloses the conduit is connected to at least two electrochemical cells of the plurality of electrochemical cells (passage S, Q, Fig. 3). Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185, as applied to Claim 1 above, and further in view of WO 2007043510 (hereinafter, WO’510). CN’519 discloses each of the plurality of venting ports (13, 13B, relief valves) but does not disclose a check valve. In the same field of endeavor, WO’510 also discloses a battery module (Fig. 2, 5) having frames, barrier, and venting structure similar to that of CN’519. WO’510 further discloses multiple check valves 51 which allows fluid to flow into the batteries as to cool it in one direction and move smoothly toward the outlet 53 (Pg. 7). Note that CN’519 also has multiple Q air passages on the frame of the batteries which can utilize the check valve of WO’510 as to allow the air to move smoothly from one direction to another direction (pg. 7). Thus, one skilled in the art has several options to add in check valve on to the Q air passages and/or modify the relief valves as to incorporate check valve as to prevent the ejecta from going back toward the batteries and prevent additional thermal runway. It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate check valve on to the Q air passages of CN’51 and/or modify the relief valves of CN’519 as taught by WO’510 as to incorporate check valve as to prevent the ejecta from going back toward the batteries and prevent additional thermal runway. Claims 5 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185, as applied to Claim 1 above, and further in view of DE 102008046744 (hereinafter, DE’744). CN’519 discloses the at least an outlet that is located away from the battery, but it does not disclose the outlet is located on the bottom of the electric aircraft. In the same field of endeavor, DE’744 also discloses a battery module (66, 166) along with a venting system (22) with an outlet (72, 172) (Fig. 1-7) similar to that of CN’519. DE’744 further teaches that the exhaust as shown in Figure 1 is located at the bottom of the car away from the passenger. Even though DE’519 does not teach an aircraft, it does teach an electric vehicle; thus, DE’744 is teaching is applicable to an electric aircraft as the exhaust should be located at the bottom away from the passengers as to safety and convenience disposed exhaust and ejecta from the system. It would have been obvious to a person skilled in the art before the effective filing date of the instant application to modify the exhaust outlet location of CN’519 to be situated at the bottom of a vehicle such as an aircraft as taught by DE’744 as to safety and convenience disposed exhaust and ejecta from the system. Claims 6 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185, as applied to Claim 1 above, and further in view of DE 4407156 (hereinafter, DE’156). CN’519 discloses the plurality of venting paths with slanted ceiling as to direct the exhaust/ejecta toward the outlet 54 (Fig. 6), but CN’519 does not disclose multiple deflectors (328A). In the same field of endeavor, DE’156 also discloses battery system 2 comprising plurality of cells 1 having a ventilation system (Fig. 1) similar to that of CN’519. DE’156 deploys multiple guide plates 15 as to direct the exhaust/air toward the exhaust (Fig. 1). It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate multiple guide plates 15 similar to the guiding channel S of CN’519 as to further direct the exhaust/air toward the correct path of exhaust port. Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185, and DE 4407156 (hereinafter, DE’156), as applied to Claim 6 above, and further in view of DE 102008046744 (hereinafter, DE’744). CN’519 discloses the at least an outlet that is located away from the battery. DE’156 is relied to disclose deploying multiple guide plates as to direct the exhaust/air toward the exhaust (Fig. 1). However, those prior arts do not disclose the outlet is located on the bottom of the electric aircraft. In the same field of endeavor, DE’744 also discloses a battery module (66, 166) along with a venting system (22) with an outlet (72, 172) (Fig. 1-7) similar to that of CN’519. DE’744 further teaches that the exhaust as shown in Figure 1 is located at the bottom of the car away from the passenger (Pg. 4-5). Even though DE’519 does not teach an aircraft, it does teach an electric vehicle; thus, DE’744 is teaching is applicable to an electric aircraft as the exhaust should be located at the bottom away from the passengers as to safety and convenience disposed exhaust and ejecta from the system. It would have been obvious to a person skilled in the art before the effective filing date of the instant application to modify the exhaust outlet location of CN’519 to be situated at the bottom of a vehicle such as an aircraft as taught by DE’744 as to safety and convenience disposed exhaust and ejecta from the system. Claims 10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185, as applied to Claim 1 above, and further in view of WO2021034420 (hereinafter, WO’420). CN’519 discloses the plurality of venting paths include a crush zone (housing 50, bottom 51) (Fig. 3), but does not disclose the crush zone having a honeycomb structure/material. In the same field of endeavor, WO’420 also discloses a battery system 40 having plurality of cells 30 with ventilation system (Fig. 1, Abstract, [0054]) similar to that of CN’519. WO’420 further discloses that the enclosure can be made of honeycomb material, which can reduce time and cost of manufacturing composite battery enclosure [0054]. It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate a honeycomb structure/material as taught by WO’420 to the enclosure/housing of CN’519 as to reduce time and cost of manufacturing composite battery enclosure [0054]. Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185, as applied to Claim 1 above, and further in view of Windsor, US 20080297103. As to Claims 12-14: CN’519 discloses a system with temperature systems to measure the temperature of the exhaust passage (pg. 9-10) but CN’519 does not disclose a system with a pneumatic system. In the same field of endeavor, Windsor also discloses a portable batteries [0027] to power a vehicle (Abstract) similar to that of CN’519. Windsor further discloses that depending on the application various power such as electrical and fluid such as pneumatic and hydraulic can be utilized as to operate pressure relief valves [0029]. Thus, the pneumatic relief valves of Windsor can be incorporated into the battery system of CN’519 as to actuate/control the valves [0029]. As suggested compressor, switch, and other mechanical actuator/controller can be used to move the valves ([0028-0029], Fig. 3). It would have been obvious to a person skilled in the art before the effective filing date of the instant application to substitute the mechanical relief valves of CN’519 with the pneumatic system having actuator/controller as to operate the pressure relief valves of CN’519 as taught by Windsor since Windsor teaches that energy source such as electrical, hydraulic, and pneumatic can be used interchangeable based on the application needed as to accomplish different functions. As to Claim 15: CN’519 discloses a vehicle ECU that can measure the temperature of the cooling path Q and sense the discharging of the gas from the cells 10. However, CN’519 does not disclose the ECU can control the individual maneuverable component. Windsor discloses pneumatic relief valves that can be incorporated in the batteries of CN’519, which can be opened pneumatically by a control panel ([0014, 0031-0034], Fig. 4). Windsor’s teaching along with CN’519’s teaching show that a person skilled in the art is able to configure any components to be electrically or pneumatically control on the ECU of CN’519 or Windsor’s control panel. It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate additional functions as taught by Windsor as to open individual valve port from the ECU of CN’519 as Windsor’s teaching along with CN’519’s teaching show that a person skilled in the art is able to configure any components to be electrically or pneumatically control on the ECU of CN’519 or Windsor’s control panel. As to Claim 18: CN’519 discloses the venting characteristics of the battery system is a function of the temperature sensor (pg. 9-10), but CN’519 does not disclose the ECU can control the individual maneuverable component. Windsor discloses pneumatic relief valves that can be incorporated in the batteries of CN’519, which can be opened pneumatically by a control panel ([0014, 0031-0034], Fig. 4). Windsor’s teaching along with CN’519’s teaching show that a person skilled in the art is able to configure any components to be electrically or pneumatically control on the ECU of CN’519 or Windsor’s control panel. It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate additional functions as taught by Windsor as to open individual valve port from the ECU of CN’519 as Windsor’s teaching along with CN’519’s teaching show that a person skilled in the art is able to configure any components to be electrically or pneumatically control on the ECU of CN’519 or Windsor’s control panel. Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over CN 109390519 (hereinafter, CN’519) in view of Kritzer, US 20110003185, as applied to Claim 1 above, and further in view of WO 2020003181 (hereinafter, WO’181). CN’519 discloses a battery pack for an electric vehicle (pg. 4-5), but does not disclose an electrical vertical aircraft. In the same field of endeavor, WO’181 also discloses a battery pack to power a vehicle (Pg. 2) similar to that of CN’519. WO’181 teaches that the vehicle can be a vertically takeoff and landing aircraft (Pg 2-3). It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the battery system of CN’519 into one of the vehicle as taught by WO’181 such as vertically takeoff and landing aircraft (Pg 2-3) as both prior arts teach that the battery system of CN’519 can be incorporated into an electric vehicle and substitute one known vehicle for another would be prima facie obvious. Double Patenting Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11855302. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1-20 are broader than the narrow claims of patent No. 11855302, and claims 1-20 of US’302 recites all of the same limitations as the instant claims 1-20. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm 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, Milton Cano can be reached on (313)446-4937. 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. /JIMMY VO/ Primary Examiner Art Unit 1723 /JIMMY VO/Primary Examiner, Art Unit 1723
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Prosecution Timeline

Nov 08, 2023
Application Filed
Sep 08, 2025
Non-Final Rejection — §103, §DP (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
73%
Grant Probability
96%
With Interview (+23.1%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 645 resolved cases by this examiner. Grant probability derived from career allow rate.

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