Trials@uspto.gov
`571-272-7822
`
` Paper 13
`
`Entered: August 27, 2014
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00447
`Patent 7,147,759 B2
`____________
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`571-272-7822
`
` Paper 13
`
`Entered: August 27, 2014
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00447
`Patent 7,147,759 B2
`____________
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`DECISION
`Institution of Inter Partes Review
`37 C.F.R. § 42.108
`
`
`
`
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`I. INTRODUCTION
`Intel Corporation (“Intel”) filed a Petition requesting inter partes
`review of claim 40 of U.S. Patent No. 7,147,759 B2 (“the ’759 patent”).
`Paper 4 (“Pet.”). Zond, LLC (“Zond”) filed a Preliminary Response.
`Paper 11 (“Prelim. Resp.”). We have jurisdiction under 35 U.S.C. § 314.
`The standard for instituting an inter partes review is set forth in
`35 U.S.C. § 314(a), which provides:
`THRESHOLD.—The Director may not authorize an inter
`partes review to be instituted unless the Director determines
`that the information presented in the petition filed under section
`311 and any response filed under section 313 shows that there
`is a reasonable likelihood that the petitioner would prevail with
`respect to at least 1 of the claims challenged in the petition.
`
`Upon consideration of Intel’s Petition and Zond’s Preliminary
`Response, we conclude that the information presented in the Petition
`demonstrates that there is a reasonable likelihood that Intel would prevail in
`challenging claim 40 as unpatentable under 35 U.S.C. § 103(a). Pursuant to
`35 U.S.C. § 314, we hereby authorize an inter partes review to be instituted
`as to claim 40 of the ’759 patent.
`
`
`A. Related Matters
`Intel indicates that the ’759 patent was asserted in Zond, LLC v. Intel
`
`Corp., No.1:13-cv-11570-RGS (D. Mass.). Pet. 1. Intel also identifies other
`matters where Zond asserted the claims of the ’759 patent against third
`parties, as well as other Petitions for inter partes review that are related to
`this proceeding. Id.
`
`2
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`B. The ’759 patent
`The ’759 patent relates to a high-power pulsed magnetron sputtering
`apparatus. Ex. 1401, Abs. At the time of the invention, sputtering was a
`well-known technique for depositing films on semiconductor substrates. Id.
`at 1:6–13. The ’759 patent indicates that prior art magnetron sputtering
`systems deposit films having low uniformity and poor target utilization (the
`target material erodes in a non-uniform manner). Id. at 1:55–62. To address
`these problems, the ’759 patent discloses that increasing the power applied
`between the target and anode can increase the amount of ionized gas and,
`therefore, increase the target utilization. Id. at 2:60–62. However,
`increasing the power also “increases the probability of establishing an
`undesirable electrical discharge (an electrical arc) in the process chamber.”
`Id. at 2:63–67.
`According to the ’759 patent, forming a weakly-ionized plasma
`substantially eliminates the probability of establishing a breakdown
`condition in the chamber when high-power pulses are applied between the
`cathode and anode. Id. at 7:17–21. Once the weakly-ionized plasma is
`formed, high-power pulses are applied between the cathode and anode to
`generate a strongly-ionized plasma from the weakly-ionized plasma. Id. at
`7:27–30, 7:65–66.
`
`
`
`
`3
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`C. The Sole Challenged Claim
`Claim 40, reproduced below, is the sole challenged claim:
`40. A magnetically enhanced sputtering source comprising:
`a) means for ionizing a feed gas to generate a weakly-ionized
`plasma proximate to a sputtering target;
`b) means for generating a magnetic field proximate to the
`weakly-ionized plasma,
`the magnetic
`field substantially
`trapping electrons in the weakly-ionized plasma proximate to
`the sputtering target; and
`c) means for applying a voltage pulse to the weakly-ionized
`plasma, an amplitude and a rise time of the voltage pulse being
`chosen to increase an excitation rate of ground state atoms that
`are present in the weakly-ionized plasma to create a multi-step
`ionization process that generates a strongly-ionized plasma
`from the weakly-ionized plasma, the multi-step ionization
`process comprising exciting the ground state atoms to generate
`excited atoms, and then ionizing the excited atoms within the
`weakly-ionized plasma, without forming an arc discharge, to
`ions that sputter target material from the sputtering target.
`Ex. 1401, 24:1–20 (emphases added).
`
`
`D. Prior Art Relied Upon
`Intel relies upon the following prior art references:
`Wang
`
`
`US 6,413,382 B1
` July 2, 2002
`
`
`(Ex. 1405)
`
`D.V. Mozgrin, et al., High-Current Low-Pressure Quasi-Stationary
`Discharge in a Magnetic Field: Experimental Research, 21 PLASMA
`PHYSICS REPORTS 400–409 (1995) (Ex. 1403) (“Mozgrin”).
`
`
`A. A. Kudryavtsev and V.N. Skrebov, Ionization Relaxation in a
`Plasma Produced by a Pulsed Inert-Gas Discharge, 28(1) SOV. PHYS.
`TECH. PHYS. 30–35 (Jan. 1983) (Ex. 1404) (“Kudryavtsev”).
`
`4
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`E. Asserted Grounds of Unpatentability
`Intel asserts the following grounds of unpatentability:
`
`
`
`Claim
`
`Basis
`
`References
`
`40
`
`40
`
`
`
`§ 103(a)
`
`Mozgrin and Kudryavtsev
`
`§ 103(a)
`
`Wang and Kudryavtsev
`
`III. ANALYSIS
`
`A. Claim Construction
`In an inter partes review, claim terms in an unexpired patent are given
`their broadest reasonable construction in light of the specification of the
`patent in which they appear. 37 C.F.R. § 42.100(b). Claim terms are given
`their ordinary and customary meaning as would be understood by one of
`ordinary skill in the art in the context of the entire disclosure. In re
`Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). An inventor
`may rebut that presumption by providing a definition of the term in the
`specification with reasonable clarity, deliberateness, and precision. In re
`Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994). In the absence of such a
`definition, limitations are not to be read from the specification into the
`claims. In re Van Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993).
`In the instant proceeding, the parties propose claim constructions for
`three claim terms and three means-plus-function claim elements. Pet. 14–
`20; Prelim. Resp. 15–24. We address each of the claim terms and elements
`identified by the parties in turn.
`
`5
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`Claim Terms
`1. “weakly-ionized plasma” and “strongly-ionized plasma”
`Claim 40 recites “means for applying a voltage pulse to the weakly-
`ionized plasma, an amplitude and a rise time of the voltage pulse being
`chosen to increase an excitation rate of ground state atoms that are present in
`the weakly-ionized plasma to create a multi-step ionization process that
`generates a strongly-ionized plasma from the weakly-ionized plasma.”
`Intel proposes that the claim term “weakly-ionized plasma” should be
`interpreted as “a lower density plasma,” and that the claim term “strongly-
`ionized plasma” should be interpreted as “a higher density plasma.” Pet. 16
`(emphasis omitted). Intel’s contention is supported by the declaration of
`Dr. Uwe Kortshagen. Id. (citing Ex. 1402). In his declaration,
`Dr. Kortshagen defines the term “density” in the context of plasma as “the
`number of ions or electrons that are present in a unit volume.” Ex. 1402
`¶ 22.
`In its Preliminary Response, Zond proposes that the claim term
`“weakly-ionized plasma” should be construed as “a plasma having a low
`density of ions,” and that the claim term “strongly-ionized plasma” should
`be construed as “a plasma with a relatively high peak density of ions.”
`Prelim. Resp. 16–17 (citing Ex. 1401, 10:3–6 (“This rapid ionization results
`in a strongly-ionized plasma having a large ion density being formed in an
`area proximate to the cathode assembly 216.”)). Zond also directs our
`attention to the Specification of U.S. Patent No. 6,806,652 B1 (“the ’652
`
`6
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`patent”), which is being challenged in Intel Corp. v. Zond, Inc., IPR2014-
`00843. Id.
`The Specification of the ’652 patent provides:
`The high-power pulses generate a high-density plasma
`from the initial plasma. The term “high-density plasma” is also
`referred to as a “strongly-ionized plasma.” The terms “high-
`density plasma” and “strongly-ionized plasma” are defined
`herein to mean a plasma with a relatively high peak plasma
`density. For example, the peak plasma density of the high-
`density plasma is greater than about 1012 cm-3. The discharge
`current that is formed from the high-density plasma can be on
`the order of about 5 kA with a discharge voltage that is in the
`range of about 50V to 500V for a pressure that is in the range of
`about 5 mTorr to 10 Torr.
`IPR2014-00843, Ex. 1401, 10:57–67.
`We recognize when construing claims in patents that derive from the
`same parent application and share common terms, “we must interpret the
`claims consistently across all asserted patents.” NTP, Inc. v. Research In
`Motion, Ltd., 418 F.3d 1282, 1293 (Fed. Cir. 2005) (citation omitted). Here,
`although Zond characterizes the ’652 patent as “a related patent” (Prelim.
`Resp. 16), Zond does not explain how the ’652 patent is related to the
`involved patent in the instant proceeding (i.e., the ’759 patent). In fact,
`those patents do not share the same written disclosure, nor do they derive
`from the same parent application.
`Nevertheless, we observe no significant difference exists between the
`parties’ constructions. Pet. 15–16; Ex. 1402 ¶ 22; Prelim. Resp. 16–17.
`More importantly, the claim terms “weakly-ionized plasma” and “strongly-
`
`7
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`ionized plasma” appear to be used consistently across both the ’652 and the
`’759 patents. See, e.g., Ex. 1401, 6:30–38. For this decision, we construe
`the claim term “weakly-ionized plasma” as “a plasma with a relatively low
`peak density of ions,” and the claim term “strongly-ionized plasma” as “a
`plasma with a relatively high peak density of ions.”
`
`
`2. “multi-step ionization process”
`Claim 40 recites “the multi-step ionization process comprising
`
`exciting the ground state atoms to generate excited atoms, and then ionizing
`the excited atoms within the weakly-ionized plasma, without forming an arc
`discharge, to ions that sputter target material from the sputtering target.”
`Intel asserts that the claim term “multi-step ionization process” should be
`interpreted as “an ionization process in which a statistically significant
`portion of the ions are produced by exciting ground state atoms or molecules
`and then ionizing the excited atoms or molecules.” Pet. 17–18 (emphasis
`omitted). Zond responds that Intel’s proposed construction would render the
`other language recited in the claim (e.g., “exciting the ground state atoms to
`generate excited atoms”) superfluous. Prelim. Resp. 17–19. Instead, Zond
`asserts that the claim term “multi-step ionization process” should be
`construed as “an ionization process having at least two distinct steps.” Id. at
`18–19 (citing Ex. 1401, 9:18–36).
`On this record, we adopt Zond’s proposed construction for the claim
`term “multi-step ionization process” as the broadest reasonable
`interpretation for this decision, consistent with the Specification of the ’759
`
`8
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`patent. See, e.g., Ex. 1401, 9:18–36. Moreover, it does not import
`improperly a limitation (e.g., a statistically-significant portion of the ions are
`produced) into the claims. It is well settled that if a feature is not necessary
`to give meaning to what the inventor means by a claim term, it is
`“extraneous” and should not be read into the claim. Renishaw PLC v.
`Marposs Societa’ per Azioni, 158 F.3d 1243, 1249 (Fed. Cir. 1998); E.I. du
`Pont de Nemours & Co. v. Phillips Petroleum Co., 849 F.2d 1430, 1433
`(Fed. Cir. 1988).
`
`Means-Plus-Function Claim Elements
`The parties identify three claim elements recited in claim 40 as
`means-plus-function elements, invoking 35 U.S.C. § 112, ¶ 6.1 Pet. 18–20;
`Prelim. Resp. 20–24. We agree that those claim elements are written in
`means-plus-function form and fall under 35 U.S.C. § 112, ¶ 6, because:
`(1) each claim element uses the term “means for”; (2) the term “means for”
`in each claim element is modified by functional language; and (3) the term
`“means for” is not modified by any structure recited in the claim to perform
`the claimed function. Personalized Media Commc’ns LLC v. Int’l Trade
`Comm’n, 161 F.3d 696, 703–04 (Fed. Cir. 1998) (A claim element using the
`term “means for” creates a rebuttable presumption that the drafter intended
`
`
`1 Section 4(c) of the Leahy-Smith America Invents Act (AIA) re-designated
`35 U.S.C. § 112, ¶ 6, as 35 U.S.C. § 112(f). Pub. L. No. 112-29, 125 Stat.
`284, 296 (2011). Because the ’759 patent has a filing date before September
`16, 2012 (effective date), we will refer to the pre-AIA version of § 112.
`9
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`to invoke § 112, ¶ 6.); Sage Prods. v. Devon Indus., Inc., 126 F.3d 1420,
`1427–28 (Fed. Cir. 1997) (The presumption is not rebutted if the term
`“means for” is modified by functional language and is not modified by any
`structure recited in the claim to perform the claimed function.).
`The first step in construing a means-plus-function claim element is to
`identify the recited function in the claim element. Med. Instrumentation &
`Diagnostics Corp. v. Elekta AB, 344 F.3d 1205, 1210 (Fed. Cir. 2003). The
`second step is to look to the specification and identify the corresponding
`structure for that recited function. Id. A structure disclosed in the
`specification qualifies as “corresponding” structure only if the specification
`or prosecution history clearly links or associates that structure to the function
`recited in the claim. B. Braun Med. v. Abbott Labs., 124 F.3d 1419, 1424
`(Fed. Cir.1997). “While corresponding structure need not include all things
`necessary to enable the claimed invention to work, it must include all
`structure that actually performs the recited function.” Default Proof Credit
`Card Sys. Inc. v. Home Depot U.S.A., Inc., 412 F.3d 1291, 1298 (Fed. Cir.
`2005).
`
`1. “means for ionizing a feed gas to generate a weakly-ionized plasma
`proximate to a sputtering target”
`We first observe that the recited function for this claim element is
`“ionizing a feed gas to generate a weakly-ionized plasma proximate to a
`sputtering target.” Zond submits that the corresponding structure for that
`recited function is “a pulsed power supply electrically connected to a
`cathode, an anode, and/or an electrode.” Prelim. Resp. 20–21. Intel
`10
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`proposes a similar construction. Pet. 18. Further, both parties direct our
`attention to the component of a magnetron sputtering apparatus described in
`the Specification that generates a weakly-ionized plasma. Prelim. Resp. 20–
`21 (citing Ex. 1401, 6:22–26 (“pulsed power supply 234 is a component in
`an ionization source that generates the weakly-ionized plasma”), 15:7–17);
`Pet. 18 (citing e.g., Ex. 1401, 4:57–65, 6:53–7:8 (“[A] direct current (DC)
`power supply . . . is used to generate and maintain the weakly-ionized or pre-
`ionized plasma.”), Figs. 2, 7).
`Figure 2 of the ’759 patent, reproduced below, illustrates a
`cross-sectional view of a magnetron sputtering apparatus:
`
`
`
`11
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`As shown in Figure 2 of the ’759 patent, the power generated by
`pulsed power supply 234 partially ionizes the gas that is located in region
`245 between cathode assembly 216 and anode 238. Ex. 1401, 10:40–42.
`The partially ionized gas is referred to as a weakly-ionized plasma. Id. at
`10:42–44. Pulsed power supply 234 applies a voltage pulse between
`cathode assembly 216 and anode 238. Id. at 6:24–26.
`Given that disclosure in the ’759 patent, we identify the corresponding
`structure for performing the recited function—“ionizing a feed gas to
`generate a weakly-ionized plasma proximate to a sputtering target”—to be a
`power supply electrically connected to a cathode, an anode, and/or an
`electrode.
`
`2. “means for generating a magnetic field proximate to the weakly-
`ionized plasma, the magnetic field substantially trapping electrons in
`the weakly-ionized plasma proximate to the sputtering target”
`We observe that the recited function for this claim element is
`“generating a magnetic field proximate to the weakly-ionized plasma, the
`magnetic field substantially trapping electrons in the weakly-ionized plasma
`proximate to the sputtering target.”
`Zond submits that the corresponding structure for that recited function
`is “a magnet assembly having either a permanent magnet or a current source
`coupled to one or more electro-magnets.” Prelim. Resp. 21–22. Intel
`proposes a similar construction. Pet. 19. As the parties point out, magnetic
`field 254 is generated by permanent magnets 256 (shown in Figure 2) or a
`current source coupled to electro-magnets. Prelim. Resp. 22 (citing Ex.
`12
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`1401, 6:10–14); Pet 19 (citing e.g., Ex. 1401, 5:58–6:21 (“[T]he magnet
`assembly 252 is adapted to create a magnetic field 254[, which] can include
`permanent magnets 256, or alternatively, electro-magnets.”). Upon review
`of the Specification of the ’759 patent, we agree with the parties that the
`corresponding structure for performing the recited function—“generating a
`magnetic field proximate to the weakly-ionized plasma, the magnetic field
`substantially trapping electrons in the weakly-ionized plasma proximate to
`the sputtering target”—to be a magnet assembly having either a permanent
`magnet or a current source coupled to one or more electro-magnets.
`
`3. “means for applying a voltage pulse to the weakly-ionized plasma . . .”
`We observe that the recited function for this claim element is
`“applying a voltage pulse to the weakly-ionized plasma, an amplitude and a
`rise time of the voltage pulse being chosen to increase an excitation rate of
`ground state atoms that are present in the weakly-ionized plasma to create a
`multi-step ionization process that generates a strongly-ionized plasma from
`the weakly-ionized plasma, the multi-step ionization process comprising
`exciting the ground state atoms to generate excited atoms, and then ionizing
`the excited atoms within the weakly-ionized plasma, without forming an arc
`discharge, to ions that sputter target material from the sputtering target.”
`Zond submits that the corresponding structure for that recited function
`is “a pulsed power supply electrically connected to a cathode, an anode,
`and/or an electrode.” Prelim. Resp. 24. Intel proposes a similar
`construction. Pet. 20. According to the parties, the Specification discloses a
`
`13
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`pulsed power supply that applies a voltage pulse to the weakly-ionized
`plasma. Prelim. Resp. 24 (citing Ex. 1401, 7:27–30, 7:65–66, 15:7–17);
`Pet. 20 (citing e.g., Ex. 1401, 5:6–49, 8:51–10:6). On this record, we adopt
`Zond’s construction, and determine, for the purposes of this decision, that
`the corresponding structure for performing the aforementioned recited
`function to be a pulsed power supply electrically connected to a cathode, an
`anode, and/or an electrode.
`
`
`B. Principles of Law
`A patent claim is unpatentable under 35 U.S.C. § 103(a) if the
`differences between the claimed subject matter and the prior art are such that
`the subject matter, as a whole, would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said
`subject matter pertains. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406
`(2007). The question of obviousness is resolved on the basis of underlying
`factual determinations including: (1) the scope and content of the prior art;
`(2) any differences between the claimed subject matter and the prior art;
`(3) the level of ordinary skill in the art; and (4) objective evidence of
`nonobviousness. Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966).
`In that regard, an obviousness analysis “need not seek out precise
`teachings directed to the specific subject matter of the challenged claim, for
`a court can take account of the inferences and creative steps that a person of
`ordinary skill in the art would employ.” KSR, 550 U.S. at 418; see also
`Translogic, 504 F.3d at 1259. A prima facie case of obviousness is
`
`14
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`established when the prior art itself would appear to have suggested the
`claimed subject matter to a person of ordinary skill in the art. In re Rinehart,
`531 F.2d 1048, 1051 (CCPA 1976). The level of ordinary skill in the art is
`reflected by the prior art of record. See Okajima v. Bourdeau,
`261 F.3d 1350, 1355 (Fed. Cir. 2001); In re GPAC Inc., 57 F.3d 1573, 1579
`(Fed. Cir. 1995); In re Oelrich, 579 F.2d 86, 91 (CCPA 1978).
`We analyze the asserted grounds of unpatentability in accordance with
`the above-stated principles.
`
`C. Claim 40—Obviousness over the Combination of Wang and Kudryavtsev
`Intel asserts that claim 40 is unpatentable under 35 U.S.C. § 103(a) as
`obvious over the combination of Wang and Kudryavtsev. Pet. 38–53. As
`support, Intel provides detailed explanations as to how each claim limitation
`is met by the references and rationales for combining the references, as well
`as a declaration of Dr. Kortshagen (Ex. 1402). Id.
`Zond responds that the combination of Wang and Kudryavtsev does
`not disclose every claim element. Prelim. Resp. 43–54. Zond also argues
`that there is insufficient reason to combine the technical disclosures of Wang
`and Kudryavtsev. Id. at 25–43.
`We have reviewed the parties’ contentions and supporting evidence.
`Given the evidence on this record, we determine that Intel has demonstrated
`a reasonable likelihood of prevailing on its assertion that claim 40 is
`unpatentable over the combination of Wang and Kudryavtsev. Our analysis
`focuses on the deficiencies alleged by Zond.
`
`15
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`Wang
`
`Wang discloses a power pulsed magnetron sputtering method for
`generating a very high plasma density. Ex. 1405, Abs. In particular, Wang
`discloses a sputtering method for depositing metal layers onto advanced
`semiconductor integrated circuit structures. Id. at 1:4–15.
`Figure 1 of Wang, reproduced below, illustrates a cross-sectional view
`of a power pulsed magnetron sputtering reactor:
`
`
`As shown in Figure 1 of Wang, magnetron sputtering apparatus 10
`includes anode 24, cathode 14, magnet assembly 40, pulsed DC power
`supply 80, as well as pedestal 18 for supporting semiconductor substrate 20.
`Id. at 3:57–4:55. According to Wang, the apparatus creates high density
`plasma in region 42, which ionizes a substantial fraction of the sputtered
`particles into positively charged metal ions and also increases the sputtering
`rate. Id. at 4:13–34. Magnet assembly 40 creates a magnetic field near
`16
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`target 14, which traps electrons from the plasma to increase the electron
`density. Id. at 4:23–27. Wang further recognizes that, if a large portion of
`the sputtered particles are ionized, the films are deposited more uniformly
`and effectively—the sputtered ions can be accelerated towards a negatively
`charged substrate, coating the bottom and sides of holes that are narrow and
`deep. Id. at 1:24–29. Figure 6 of Wang, reproduced below, illustrates how
`the apparatus applies a pulsed power to the plasma:
`
`
`As shown in Figure 6 of Wang, the target is maintained at background
`power level PB between high power pulses 96 with peak power level PP. Id.
`at 7:13–39. Background power level PB exceeds the minimum power
`necessary to support a plasma in the chamber at the operational pressure
`(e.g., 1kW). Id. Peak power PP is at least 10 times (preferably 100 or 1000
`times) background power level PB. Id. The application of high peak power
`PP causes the existing plasma to spread quickly, and increases the density of
`the plasma. Id. According to Dr. Kortshagen, Wang’s apparatus generates a
`low-density (weakly-ionized) plasma during the application of background
`power PB, and a high-density plasma during the application of peak power
`PP. Ex. 1402 ¶ 138; see also Pet. 47.
`
`17
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`Kudryavtsev
`Kudryavtsev discloses a multi-step ionization plasma process,
`comprising the steps of exciting the ground state atoms to generate excited
`atoms, and then ionizing the excited atoms. Ex. 1404, Abs., Figs. 1, 6.
`Figure 1 of Kudryavtsev, reproduced below (with annotations added by Intel
`(Pet. 33)), illustrates the atomic energy levels during the slow and fast stages
`of ionization:
`
`
`
`As shown in annotated Figure 1 of Kudryavtsev, ionization occurs
`with a “slow stage” (Fig. 1a) followed by a “fast stage” (Fig. 1b). During
`the initial slow stage, direct ionization provides a significant contribution to
`the generation of plasma ions (arrow Γ1e showing ionization (top line labeled
`“e”) from the ground state (bottom line labeled “1”)). Dr. Kortshagen
`explains that Kudryavtsev shows the rapid increase in ionization once multi-
`step ionization becomes the dominant process. Ex. 1402 ¶ 78; Pet. 27.
`Indeed, Kudryavtsev discloses:
`For nearly stationary n2 [excited atom density] values . . . there
`is an explosive increase in ne [plasma density]. The subsequent
`increase in ne then reaches its maximum value, equal to the rate
`of excitation . . . which is several orders of magnitude greater
`than the ionization rate during the initial stage.
`18
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`Ex. 1404, 31, right col., ¶ 6 (emphasis added). Kudryavtsev also recognizes
`that “in a pulsed inert-gas discharge plasma at moderate pressures . . . [i]t is
`shown that the electron density increases explosively in time due to
`accumulation of atoms in the lowest excited states.” Id. at 30, Abs., Fig. 6.
`
`Reasons to combine Wang and Kudryavtsev
`Intel asserts that the combination of Wang and Kudryavtsev discloses
`the “voltage pulse” and “multi-step ionization process” claim elements
`recited in claim 40. Pet. 45–53 (citing Ex. 1402 ¶¶ 122–139). Intel
`acknowledges that Wang does not disclose expressly a voltage pulse that
`“increase[s] an excitation rate of ground state atoms that are present in the
`weakly-ionized plasma to create a multi-step ionization process.” Pet. 48.
`Nonetheless, Intel contends that such an increase in excitation rate of ground
`state atoms in a multi-step ionization process was well known in the art at
`the time of the invention, as evidenced by Kudryavtsev. Id. at 48–50 (citing
`Ex. 1402 ¶¶ 129–130); see also id. at 31–33. Intel submits that it would
`have been obvious to one with ordinary skill in the art to adjust Wang’s
`operating parameters (e.g., to increase the pulse length of the power and/or
`the pressure of the gas inside the chamber) to trigger a fast stage of
`ionization. Id. at 48–49. According to Intel, triggering such a fast stage of
`ionization in Wang’s apparatus would increase plasma density and, thereby,
`would increase the sputtering rate, and reduce the time required to reach a
`given plasma density. Id.
`
`
`19
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`Zond, however, disagrees that it would have been obvious to combine
`the technical disclosures of Wang and Kudryavtsev, arguing Wang’s power
`pulsed magnetron sputtering apparatus differs significantly from
`Kudryavtsev’s plasma apparatus. Prelim. Resp. 38–43. In particular, Zond
`argues “the electron fluxes for the slow and fast stages of Kudryavtsev’s
`system . . . would be substantially different in a system that uses magnets
`and magnetic fields like [] Wang’s system.” Id. at 40–41.
`Given the evidence on this record, those arguments are not persuasive.
`“It is well-established that a determination of obviousness based on
`teachings from multiple references does not require an actual, physical
`substitution of elements.” In re Mouttet, 686 F.3d 1322, 1332 (Fed. Cir.
`2012) (citing In re Etter, 756 F.2d 852, 859 (Fed. Cir. 1985) (en banc)
`(noting that the criterion for obviousness is not whether the references can
`be combined physically, but whether the claimed invention is rendered
`obvious by the teachings of the prior art as a whole)). In that regard, one
`with ordinary skill in the art is not compelled to follow blindly the teaching
`of one prior art reference over the other without the exercise of independent
`judgment. Lear Siegler, Inc. v. Aeroquip Corp., 733 F.2d 881, 889 (Fed.
`Cir. 1984); see also KSR, 550 U.S. at 420–21 (A person with ordinary skill
`in the art is “a person of ordinary creativity, not an automaton,” and “in
`many cases . . . will be able to fit the teachings of multiple patents together
`like pieces of a puzzle.”).
`Zond has not explained adequately why triggering a fast stage of
`ionization in Wang’s apparatus would have been beyond the level of
`
`20
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`ordinary skill, or why one of ordinary skill in the art would not have had a
`reasonable expectation of success in combining the teachings. Kudryavtsev
`states that because “the effects studied in this work are characteristic of
`ionization whenever a field is suddenly applied to a weakly ionized gas, they
`must be allowed for when studying emission mechanisms in pulsed gas
`lasers, gas breakdown, laser sparks, etc.” Ex. 1404, 34, right col. (emphasis
`added). Wang applies voltage pulses that suddenly generate an electric field.
`Ex. 1405, 7:61–63; see also Ex. 1402 ¶ 147. More importantly, Wang
`discloses background power PB of 1 kW (falling within the range of 0.1–100
`kW, as disclosed in the ’759 patent, for generating a weakly-ionized
`plasma), and pulse peak power PP of 1 MW (falling within the range of
`1kW–10 MW, as disclosed in the ’759 patent, for generating a strongly-
`ionized plasma). Ex. 1405, 7:19–25; Ex. 1401, 11:52–58, 12:24–36, Fig. 5.
`Dr. Kortshagen testifies that “[b]ecause Wang’s power levels fall within the
`ranges disclosed by the ’759 Patent, Wang is as likely as is the ’759 Patent
`to increase the excitation rate of ground state atoms within the weakly-
`ionized plasma and to cause multi-step ionization.” Ex. 1402 ¶ 128.
`On this record, we credit Dr. Kortshagen’s testimony, as it is
`consistent with the prior art disclosures. We also agree with Dr. Kortshagen
`that triggering a fast stage of ionization (as disclosed by Kudryavtsev) in
`Wang’s apparatus would have been a combination of known techniques
`yielding the predictable results of increasing plasma density and the degree
`of multi-step ionization. See Ex. 1402 ¶ 129.
`
`
`21
`
`
`
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`Given the evidence before us, we determine that the Petition and
`supporting evidence demonstrate sufficiently that combining the technical
`disclosures of Wang and Kudryavtsev is merely a predicable use of prior art
`elements according to their established functions—an obvious improvement.
`See KSR, 550 U.S. at 417 (“[I]f a technique has been used to improve one
`device, and a person of ordinary skill in the art would recognize that it would
`improve similar devices in the same way, using the technique is obvious
`unless its actual application is beyond his or her skill.”).
`
`Voltage pulse
`In its Preliminary Response, Zond alleges that the combination of
`Wang and Kudryavtsev would not have suggested generation of a “voltage
`pulse” as recited in claim 40. Prelim. Resp. 47–50. In particular, Zond
`argues that Wang discloses a power pulse, rather than a voltage pulse. Id.
`at 49. However, as Intel indicates in its Petition, Wang, in fact, discloses a
`pulsed DC power supply connected to the target that “generates a train of
`negative voltage pulses.” Pet. 46–47 (citing Ex. 1405, 7:61–62 (emphasis
`added), Fig. 7). Dr. Kortshagen explains that “[t]hose voltage pulses create
`Wang’s peak power pulses, PP, which are applied to Wang’s weakly-ionized
`plasma, i.e., the plasma generated by the bac
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
