PTAB

IPR2014-00386

Panel CLaw Inc v. SunPower Corp

Key Events

Petition

petition

Title: Thermally Regulated Photovoltaic Roofing Assembly
Brief Description: The ’788 patent describes a photovoltaic roofing assembly designed to regulate the temperature of solar cells. The system uses pre-formed spacers to support photovoltaic modules above a roof membrane, creating a gap that allows for convective cooling without requiring roof penetrations for hold-down.

Prior Art Relied Upon: Brown (German Patent Application DE 2758067).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued that Brown discloses every element of the challenged claims. Brown teaches a solar panel system mounted on a flat roof subsurface using weighted support blocks that do not penetrate the roof. These blocks and associated brackets (e.g., brackets 16) support the solar panels at an incline, creating a predetermined air gap between the panel's underside and the roof. This structure inherently functions as the claimed "means for regulating the temperature" by enabling heat transfer via air convection. Petitioner asserted that Brown’s support blocks and brackets constitute the claimed "pre-formed spacers" and that the assembled panels and supports form the "integral units." Brown also shows panels arranged in rows with joints between them, meeting the limitations of claims 4 and 5 regarding drainage and pressure reduction. The method claims 16 and 17 were argued to be anticipated as Brown teaches the assembly of these components on a flat roof.

Prior Art Relied Upon: Stiebel (German Utility Model Patent DE 7913751).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner contended that Stiebel discloses a mounting system for installing solar panels on a flat roof that anticipates the claims. Stiebel’s system uses support brackets and adjustable struts (e.g., support bracket 7, strut 11) attached to weighted blocks, which elevate the solar panels above the roof surface. This elevation creates an air gap, providing the "means for regulating the temperature" through convective cooling, identical to the function described in the ’788 patent. The brackets and struts were identified as the "pre-formed spacers," which are joined to the solar panels to form "integral units." Stiebel further discloses arranging multiple panels in an array, which would have adjoining sides and joints, satisfying the limitations of dependent claims. Petitioner argued the assembly method taught by Stiebel, including placing the components on a roof without penetration, anticipates method claims 16 and 17.

Prior Art Relied Upon: Russell (publication entitled "PV Array Designs for Flat-Roof Buildings," IEEE, 1993).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued that Russell describes a ballasted mounting system for flat-roof PV arrays that anticipates the claims. Russell’s system utilizes metal trays and "Roof-Jacks" that support PV panel assemblies above the roof membrane, explicitly avoiding roof penetrations. The system is designed to maintain a space between the panel's back and the roof (e.g., "bottom edge of panel is 6 inches above roof"), which allows for natural air convection and thus serves as the "means for regulating the temperature." The "Roof-Jacks" were asserted to be the claimed "spacers," and the combination of the jacks and panels forms the "integral units." Russell also describes installing arrays of multiple panel assemblies in rows, which would have adjoining sides and joints for drainage and pressure equalization. The installation method described in Russell for creating these non-penetrating rooftop arrays was argued to anticipate method claims 16 and 17.

"Means for Regulating Temperature" (Claims 1-5): Petitioner proposed this term be construed as "any component or mechanism causing or permitting a fluid or a substance, such as air, to contact the bottom side of the photovoltaic module to permit heat transfer from the photovoltaic module to the fluid or substance." This construction is broad and functional, allowing any prior art structure that creates an air gap for cooling to satisfy the limitation.
"Pre-Formed Spacers" and "Supporting Spacers" (Claims 2-5, 16, 17): Petitioner proposed these terms be construed as "any structure capable of supporting a photovoltaic module while creating a space for a convecting fluid, such as air, to contact the backside of the photovoltaic module." This construction emphasizes the functional aspect of creating a space rather than a specific structural form, which was crucial for mapping the varied support structures of Brown, Stiebel, and Russell to the claims.

Petitioner requests the institution of an inter partes review of claims 1-5, 16, and 17 of the ’788 patent and requests that the Board cancel these claims as invalid under 35 U.S.C. § 102.