Patent No. 6,806,652
`IPR2014-00864
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`FUJITSU SEMICONDUCTOR LIMITED AND
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`FUJITSU SEMICONDUCTOR AMERICA, INC.
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`Petitioner
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`v.
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`ZOND, LLC
`Patent Owner
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`U.S. Patent No. 6,806,652
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`_____________________
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`Inter Partes Review Case No. 2014-00864
`_____________________
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`PATENT OWNER’s PRELIMINARY RESPONSE
`UNDER 37 CFR § 42.107(a)
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`Patent No. 6,806,652
`IPR2014-00864
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`TABLE OF CONTENTS
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`I.  
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`INTRODUCTION .................................................................................................................. 1  
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`II.   TECHNOLOGY BACKGROUND .................................................................................... 2  
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`A.   The Need for More Uniformly Distributed Plasmas .................................................... 2  
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`B.   The ‘652 Patent: Dr. Chistyakov Invents a Technique for Generating Super
`Ionized Plasma Having A Uniform Charge Distribution. ........................................ 4  
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`III.   SUMMARY OF PETITIONER’S PROPOSED GROUNDS .......................................... 8  
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`IV.   CLAIM CONSTRUCTION UNDER 37 C.F.R. §§ 42.104(B)(3) .................................... 8  
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`A.   Construction of “generating an initial plasma and excited ions from a
`volume of feed as” ........................................................................................................ 9  
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`B.   Construction of “transporting the initial plasma and excited atoms
`proximate to a cathode assembly” ............................................................................ 10  
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`C.   Construction of “super-ionizing the initial plasma proximate to the cathode
`assembly” .................................................................................................................... 11  
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`V.   PETITIONER HAS FAILED TO SHOW A REASONABLE LIKELIHOOD
`OF PREVAILING ON INDEPENDENT CLAIM 18. ................................................... 12  
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`A.   Defects In Ground I: Petitioner Failed To Demonstrate A Reasonable
`Likelihood That 18 is Obvious Over Mozgrin, Kudryavtsev, and Fahey. ............ 13  
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`a.   Overview of Mozgrin .......................................................................................... 13  
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`b.   Kudryavtsev ......................................................................................................... 15  
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`c.   Overview of Fahey .............................................................................................. 20  
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`d.   Differences Between Claim 18 and the Ground I References ......................... 21  
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`e.   Conclusion: Petitioner Has Not Shown a Reasonable Likelihood of Success
`That Claim 1 is Obvious for the Reasons Asserted in Ground I. .......................... 26  
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`B.   Defects In Ground III: Petitioner Failed To Demonstrate A Reasonable
`Likelihood That Claim 18 is Obvious Over Mozgrin, Kudryavtsev, Fahey
`and Iwamura. ............................................................................................................. 26  
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`Patent No. 6,806,652
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`C.   Defects In Ground V: Petitioner Failed To Demonstrate A Reasonable
`Likelihood That Claims 18 is Obvious Over Mozgrin and Iwamura ................... 31  
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`VI.   PETITIONER HAS FAILED TO SHOW A REASONABLE LIKELIHOOD
`OF PREVAILING ON DEPENDENT CLAIMS 31, 32 ................................................ 33  
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`a.   Subject Matter of Claims 31, 32. ................................................................................... 33  
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`b.   Petitioner’s Grounds Against Claims 31, 32. ............................................................... 34  
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`c.   The Primary References: Mozgrin, Kudryavtsev, Fahey, And Iwamura. ................. 36  
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`d.   The Secondary Reference: Campbell. ........................................................................... 38  
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`e.   Conclusion. ...................................................................................................................... 41  
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`VII.  PETITIONER HAS FAILED TO SHOW A REASONABLE LIKELIHOOD
`OF PREVAILING ON DEPENDENT CLAIMS 33, 34 ................................................ 41  
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`a.   Subject Matter of Claims 33, 34. ................................................................................... 41  
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`b.   Overview of Petitioner’s Grounds. ............................................................................... 42  
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`c.   The Primary References. ................................................................................................ 42  
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`d.   The Secondary Reference: Fahey. ................................................................................. 43  
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`e.   Conclusion. ...................................................................................................................... 44  
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`VIII.  
`PETITIONER HAS FAILED TO SHOW A REASONABLE
`LIKELIHOOD OF PREVAILING ON DEPENDENT CLAIMS 19 - 30 ................... 45  
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`IX.   CONCLUSION .................................................................................................................... 48  
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`I.
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`Introduction
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`Patent No. 6,806,652
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`The present petition for inter partes review is the first of three petitions
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`that challenge the patentability of every claim of U.S. Patent No. 6,806,652
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`(“the ‘652 patent”). These petitions are part of a larger campaign by a
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`consortium of companies seeking to annul ten Zond patents, and every one of
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`hundreds of claims awarded to Zond. The present petition targets independent
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`claim 18 of the ‘652 patent and its dependent claims 19 - 34.
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`The ‘652 patent is generally directed to a technique for generating a
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`super-ionized plasma having a high density of ions. The patent proposes a
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`method in which a volume of feed gas is converted to an initial plasma that is
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`seeded with exited atoms. The plasma/excited atom mixture is then
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`transported to a region that is proximate to a cathode assembly, where the
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`plasma is then super-ionized. This technique allows the initial plasma to be
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`created under a first condition that seeds the initial plasma with excited atoms,
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`to facilitate the creation of a denser plasma in the next stage. The
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`transportation of this mixture to another location exposes the mixture to a set
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`of conditions that generate a super-ionized plasma from the mixture.
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`This staged process avoids the risk of arcing often associated with the
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`formation of such dense plasmas. The claims at issue recite this method and
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`various improvements and applications discussed below.
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`1
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`The present petition does not cite to any prior art reference that teaches
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`the claimed methods. Instead it weaves together up to four different prior art
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`references in an attempt to recreate the claims from carefully chosen excerpts.
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`The selected references have publication dates that span nearly 20 years. Yet
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`in all that time, not one reference wrote down or proposed the method
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`patented by Zond. Thus, as explained in this statement, the Petitioner resorts
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`to hindsight analysis in the hope of persuading the Board that the claim
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`method was in fact obvious all along: Using the claims as a schematic, the
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`Petitioner carefully selects a set of prior art references and assembles them to
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`suit its objective.
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`II. Technology Background
`A. The Need for More Uniformly Distributed Plasmas
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`The ‘652 patent explains that for certain plasma applications, such as
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`plasma etching or plasma sputtering, it is undesirable for the plasma’s ion
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`concentration to vary significantly from one location to another. For example
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`if the ion concentration is relatively high in one region, it can cause
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`corresponding non-uniformities in the target.1 The patent therefore is
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`1 Ex. 1101, ‘652 Patent, col. 4, lines 23 – 30.
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`directed to an improved method that generates highly dense plasmas with a
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`more uniform distribution of charged particles.
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`To provide context for understanding the improvements, the ‘652 patent
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`first describes a prior plasma generation system shown in figure 1 reproduced
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`below:2
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`In this system, a feed gas 110 flows into a chamber 104 at a location that is
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`remote from the region 105 where the plasma is formed.3 The patent explains
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`2 Ex. 1101, ‘652 patent, col. 4, lines 8 – 31.
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`3 Ex.1101, ‘652 patent, col. 3, lines 15 – 18.
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`that neutral gas in the region 105 between electrodes 114 and 124 is ionized by
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`Patent No. 6,806,652
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`applying a voltage across the electrodes 114, 124 to create a plasma. In such
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`systems, ions tend to concentrate in certain portions of region 105.
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`The uniformity of the plasma can be improved by increasing the power
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`applied to the plasma via the voltage across the electrodes, to thereby increase
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`the ion density and disperse the charged particles.4 However, increasing
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`plasma density and uniformity in this manner significantly increases the risk of
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`an undesirable electrical breakdown and arcing condition.5
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`The ‘652 patent is therefore directed to an improved technique for
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`generating a super-ionized plasma with a relatively uniform density of charged
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`particles, while reducing the risk of arcing at such high charge densities.
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`B. The ‘652 Patent: Dr. Chistyakov Invents a Technique for
`Generating Super Ionized Plasma Having A Uniform Charge
`Distribution.
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`The ‘652 patent proposes a combination of features that generate a
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`super-ionized, uniformly distributed plasma, while mitigating the risk of
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`arcing. For example, in the system shown in figure 2A below, a feed gas 234 is
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`directed into a region 214 between electrodes 201b and 210.
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`4 Ex. 1101, ‘652 patent, col. 4, lines 31 – 32.
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`5 Ex. 1101, ‘652 patent, col. 4, lines 32 - 37.
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`A voltage from a first power supply 208 generates an electric field 250 across
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`the feed gas 214 as shown in the enlarged portion of the figure below.
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`The electric field ionizes some of the gas atoms and excites others.
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`The region 214 is shaped to act as a conduit so that the pressure of the
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`feed gas physically transports the newly formed ions and the excited atoms
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`through region 214 into an adjacent region 252 where another electrode 202a
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`resides.6 A second power supply 222 applies high power pulses to electrode
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`202a to thereby launch additional power into the transported mixture in the
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`region 252 to super-ionize the mixture.7
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`Thus, this system initially creates a plasma from the neutral gas at one
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`location (214), then transports that plasma to a second location (252) for
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`further ionization by a higher power source.
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`Furthermore, the region 214 is designed to promote excitation of neutral
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`atoms from the feed gas for transportation into region 252, where the excited
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`atoms are then ionized by the high power pulses applied to electrodes 202a,
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`226. The patent explains that it takes significantly less energy to ionize excited
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`atoms than ground states atoms.8 Thus, the excitation of ground state atoms in
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`6 Ex. 1101, ‘652 patent, col. 6, lines 50 – 52; col. 10, lines 10 – 12; col. 14, lines
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`37 – 65.
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`7 Ex. 1101, ‘652 patent, col. 11, lines 54 - 57
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`8 Ex. 1101, ‘652 patent, col. 14, lines 15 – 18.
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`region 214, and the transportation of those excited atoms to region 252,
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`facilitates ionization in region 252 and the generation of a super-ionized
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`plasma.9
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`To generate excited atoms in region 214, the size of the gap 212 and the
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`parameters of the electric field across the gap are chosen to promote the
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`excitation of atoms in region 214 for transportation to region 252.10 For
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`example, where the feed gas is argon (which requires 11.55 electron volts to
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`become excited), the electric field 150 is adjusted to maximize the excitation
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`rate of argons atoms so that “the vast majority of ground state feed gas atoms
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`are not directly ionized, but instead undergo a step-wise ionization process.”11
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`In short, the disclosed technique generates a super-ionized plasma by
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`first applying an electric field across a volume of feed gas, wherein the electric
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`field is chosen to partially ionize the feed gas and to promote the excitation of
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`neutral, ground state gas atoms. The resultant mixture of ions seeded with
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`excited neutral gas atoms is then transported to another location where
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`9 Ex. 1101, ‘652 patent, col 14, lines 15 – 65,
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`10 Ex. 1101, ‘652 patent, col. 13, lines 42 – 47.
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`11 Ex. 1101, ‘652 patent, col. 13, lines 42 – 54.
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`another electric field applies more power to the mixture, to thereby ionize the
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`excited atoms and generate a super-ionized plasma.
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`III. Summary of Petitioner’s Proposed Grounds
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`For the Board’s convenience, here is a summary of the Petition’s proposed
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`claim rejections:
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`Ground
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`Claims
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`Basis
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`Art
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`18 – 30, 33 - 34
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`103 Mozgrin, Kudryavtsev, and Fahey
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`31, 32
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`103 Mozgrin, Kudryavtsev, Fahey, and Campbell
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`18 – 30, 33 - 34
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`103 Mozgrin, Kudryavtsev, Fahey, and Iwamura
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`31, 32
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`18 - 30
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`31, 32
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`33, 34
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`103 Mozgrin, Kudryavtsev, Fahey, and Campbell
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`103 Mozgrin and Iwamura
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`103 Mozgrin, Iwamura and Campbell
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`103 Mozgrin, Iwamura, and Fahey
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`I
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`II
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`III
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`IV
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`V
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`VI
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`VII
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`IV. Claim Construction Under 37 C.F.R. §§ 42.104(b)(3)
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`Pursuant to Rule §42.104(b)(3), the Petitioner “must identify [] how the
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`claim is to be construed” for purposes of comparing the challenged claim the
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`cited art.
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`A. Construction of “generating an initial plasma and excited
`ions from a volume of feed as”
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` “feed gas,” as its name implies, is a flow of gas. This interpretation is
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`consistent with the specification, which depicts the feed gas 234 in fig. 2b as a
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`flowing gas represented by arrows 234:
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`The claims thus require ionization and excitation of a gas that is being fed.
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`This element says that the plasma and excited atoms are generated
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`“from a volume of feed gas.” This language specifically requires that both
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`ionization and excitation occur in the same volume of feed gas.12 This
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`interpretation is consistent with the specification’s disclosure in the figure
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`12 See e.g., Insituform Technologies, Inc. v. Cat Contracting, Inc., 99 F.3d 1098, 1105
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`(Fed. Cir. 1996) (the article “a” in the claimed phrase “a cup” suggests that
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`only one cup is involved).
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`above, wherein a volume of feed gas in region 214 is both ionized and excited
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`by electric field 250.13
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`Accordingly, the claimed step of generating an initial plasma and excited
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`ions from a volume of feed gas refers to the generation of both an initial plasma
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`and excited atoms from the same volume of feed gas, wherein a feed gas is a gas that is
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`flowing:
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`Claim Language at Issue
`“generating an initial plasma and
`excited atoms form a volume of
`feed gas”
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`Proposed Construction
`Generating both an initial plasma
`and excited atoms from the same
`volume of feed gas, wherein a feed
`gas is a gas that is a flowing gas.
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`B. Construction of “transporting the initial plasma and excited
`atoms proximate to a cathode assembly”
`The petitioner interprets the claimed step of “transporting the initial
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`plasma and excited atoms” as - “moving the initial plasma and excited
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`atoms.” This “interpretation” substitutes the word “moved” for the word
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`“transported,” but petitioner does not explain why, or explain the intended
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`difference between the substitute word - “moving” - and the original claim
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`term – “transporting.”
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`13 Ex. 1101, ‘652 patent, col. 8, line 63 – col. 9, line 5.
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`Patent Owner proposes that the claimed step of “transporting the initial
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`plasma and excited atoms proximate to a cathode assembly” means -
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`“transporting the initial plasma and excited atoms to a region that is proximate to a
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`cathode assembly.”
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`Claim Language at Issue
`“transporting the initial plasma and
`excited atoms proximate to a
`cathode assembly”
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`Proposed Construction
`“transporting the initial plasma
`and excited atoms to a region that
`is proximate to a cathode
`assembly.”
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`C. Construction of “super-ionizing the initial plasma proximate to
`the cathode assembly”
`The petitioner proposes that the claimed “super-ionizing the initial plasma
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`proximate to the cathode assembly” should be construed as - “converting at
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`least 75% of the neutral atoms in the initial plasma into ions near the cathode
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`assembly.” The Petitioner’s proposal renders the claim indistinguishable from
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`dependent claim 24.
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`The specification cited in support of this interpretation says - “the ‘term
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`super-ionized’ is defined herein to mean that at least 75% of the neutral atoms
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`in the plasma are converted.” This merely indicates that in a plasma that is
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`“super-ionized,” 75% of the neutrals in the original feed gas have been
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`converted to ions in the super-ionized plasma. Thus, the Patent Owner
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`proposes that the claimed “super-ionizing the initial plasma proximate to the
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`Patent No. 6,806,652
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`cathode assembly” should be construed to mean – ionizing the plasma that is
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`proximate to the cathode so that at least 75% of the neutrals in the original
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`feed gas have been converted to ions.
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`Claim Language at Issue
`“super-ionizing the initial plasma
`proximate to the cathode assembly”
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`Proposed Construction
`“ionizing the plasma that is
`proximate to the cathode so that at
`least 75% of the neutrals in the
`original feed gas have been
`converted to ions.”
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`V.
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`Petitioner Has Failed to Show a Reasonable Likelihood of Prevailing
`on Independent Claim 18.
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`The Petitioner challenges claim 18 on three grounds shown below:
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`Ground
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`Art
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`I
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`Mozgrin, Kudryavtsev, and Fahey
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`III Mozgrin, Kudryavtsev, Fahey, and Iwamura
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`V
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`Mozgrin and Iwamura
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`We address them in order below.
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`A. Defects In Ground I: Petitioner Failed To Demonstrate A
`Reasonable Likelihood That 18 is Obvious Over Mozgrin,
`Kudryavtsev, and Fahey.
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`Ground I alleges that claims 18 is obvious in view of the combination of
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`Mozgrin, Kudryavtsev and Fahey. We begin by exploring the relevant scope
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`and content of these references. Even though Mozgrin and Kudryavtsev have
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`been discussed at length in previous papers, we revisit these references here
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`with an eye toward the features pertinent to the claims at issue, then address
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`Fahey.
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`a. Overview of Mozgrin
`Mozgrin summarizes a variety of experiments he made using a planar
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`electrode structure of figure 1(a), and a bell shaped electrode structure shown
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`in figure 1(b), shown below:14
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`Planar Electrodes
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`Shaped Electrodes
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`14 Ex. 1103, Mozgrin, p. 401.
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`Mozgrin says that the space between the electrodes was “filled up with either
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`neutral gas or pre-ionized gas” before a “voltage pulse” was applied.15 This
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`merely indicates that the space between the electrodes was “filled,” but makes
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`no mention of any flow of gas during the process, and therefore certainly does
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`indicate a rate of gas flow in the region between the electrodes that could
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`transport any matter from the region between the electrodes.
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`To provide the “pre-ionized gas” between the electrodes, Mozgrin
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`applied DC voltage across the electrodes with “Stationary Discharge Supply
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`Unit” shown below.16
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`The “Stationary Supply Unit” emits a non-pulsed DC voltage to the electrodes
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`(before the voltage pulse is applied) to pre-ionize the gas that residing between
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`the electrodes.
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`Mozgin does not mention any excitation of atoms in the gas as a result
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`of this voltage from stationary supply unit. Therefore Mozgrin does not teach
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`15 Ex. 1103, Mozgrin, page 401, left column.
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`16 Ex. 1103, Mozgrin, page 401, right col.
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`or suggest that the DC voltage and the dimensions of the gap between the
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`electrodes should or could be chosen to promote excitation of the neutral gas
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`atoms as specified in the claim. Nor, does Mozgrin make any mention or
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`suggestion that this pre-ionized plasma could or should be transported to a
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`different location for further ionization as specified in the claims.
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`Instead, the pre-ionized gas created by Mozgrin’s DC voltage apparently
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`remains in the same location when Mozgrin’s High-Voltage component
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`superimposes the voltage pulse across the electrodes to thereby grow the
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`density of the pre-ionized gas.17 Thus, the high voltage component increases
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`the density of the pre-ionized plasma, while the plasma remains in the same
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`location where the stationary unit created it.
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`b. Kudryavtsev
`Petitioner next cites to Kudryavtsev for his discussion of the formation of
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`excited atoms and ions.18 We discuss Kudryavtsev at length below but the
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`most important issue for purposes of claim 18 is that Kudryavtsev simply does
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`not address the formation of excited in a volume of feed gas while that feed gas
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`is being initially ionized as recited in claim 18. Kudryavtsev does not consider
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`17 Ex. 1103, Mozgrin, p. 401, right col.
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`18 Petition at page 21.
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`or discuss the formation of excited atoms and an initial plasma from a volume
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`of feed gas. His article deals with the reaction of an existing plasma when an
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`electric field is suddenly applied, and the formation of ions an excited atoms as
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`a result of that pulse.
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`In figure 6 below, Kudryavtsev’s mathematical model predicts that
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`different types of ionization will occur in a tube-shaped electrode, depending
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`on the tube’s radius R, the gas pressure p in the tube, the strength of the
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`applied electric field E, and the density of ground state argon atoms n1, as
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`shown in the diagram below:
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`Under the conditions represented by region II of this diagram, direct ionization
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`predominates (i.e., gas atoms directly ionize without first transitioning to an
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`excited state); in region III electron density does not increase; and in region I
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`“step-wise ionization predominates” (i.e., atoms are first excited and then
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`ionized).19
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`Kudyavtsev thus teaches that whether such a tube-shaped system will
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`implement direct ionization or multi-stage ionization will depend on various
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`factors, including the radius of the electrodes, the gas pressure within the
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`electrode tube, and the strength of the applied electric field.
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`To test the accuracy of his equations, Kudryavtsev conducted a variety
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`of experiments with a device having a pair of electrodes spaced nearly two feet
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`(52 cm) apart from each other at opposite ends of a narrow tube less than an
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`inch (2.5 cm) in diameter.20 A gas in the tube was “pre-ionized” by applying a
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`DC current,” but Kudryavtsev does not describe any details of this process,
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`such as whether the gas was flowing during ionization.21
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`A voltage pulse was then delivered to the “pre-ionized” plasma within
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`the tube circuit. Kudryavtsev does not provide any values for his voltage pulse
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`and no current values, and never teaches that the proper selection of a voltage
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`pulse can determine whether and when excited atoms are generated in his tube
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`19 Ex. 1106, Kudryatsev, page 34.
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`20 Ex. 1106, Kudryavtsev, p. 31, right col.
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`21 Ex. 1106, Kudryavtsev, p. 32, right col..
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`as a result of the pulse. In fact, he merely says that he used a “specially
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`designed electric circuit” for generating pulses, without any teaching of that
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`design and its relation to the generation of excites atoms.
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`But more importantly, Kudryatsev’s voltage pulse was delivered to the
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`“per-ionized” plasma within the same tube where the pre-ionized plasma was
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`initially formed.22 Thus, Kudryavtsev makes no mention of transporting a
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`pre-ionized plasma mixed with excited atoms to a different location for
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`purposes of further ionizing the mixture.
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`In prior petitions on related patents, the Petitioner cited a sentence in
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`Kudryavtsev as allegedly proving that excited atoms are necessarily formed in
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`every pulsed plasma system: “since the effects studied in this work are
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`characteristic of ionization whenever a field is suddenly applied to a weakly-
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`ionized plasma.” The Board’s prior decisions seem to agree. However, this
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`sentence does not prove that excited atoms are always inherently formed.
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`First, as explained above, Kudruyavtsev says that whether his tube-shaped
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`system will implement multi-stage ionization (which includes excited atoms)
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`will depend on various factors, including the radius of the electrodes, the gas
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`pressure within the electrode tube, and the strength of the applied electric field.
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`22 Ex. 1106, Kudryavtsev, p. 31, right col.
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`18
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`Furthermore, the cited sentence of Kudryavtsev merely says that the “effects
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`studied” are characteristic of systems in which a field is applied to an existing
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`weak plasma. Kudryavtsev describes many “effects” and this sentence does
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`not mean that excited atoms are always generated. In fact Kudryavtsev says
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`just the opposite in his discussion of his figure 6.
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`Furthermore, and perhaps most importantly, the sentence from
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`Kudryavtsev that supposedly teaches that excited atoms are inherent, does not
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`apply to the claim feature at issue here: The cited sentence says that the
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`“studied effects” are characteristics of a system in which a field is applied to a
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`pre-existing weak plasma, i.e., an initial plasma has already been created
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`when the electric field is applied. In the claimed step at issue, excited atoms
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`are formed from a volume of feed gas at the same time as an initial plasma is
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`being formed from the same volume of feed gas. Kudryavtsev does not
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`consider this situation. His analysis deals only with the reaction of an
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`existing plasma when an electric field is suddenly applied.
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`c. Overview of Fahey
`Fahey describes the nozzle shown below for creating a beam of neutral
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`atoms, some of which are “metastable” atoms:
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`Gas flows through tube A and exits out of a nozzle B. The exhaust from the
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`nozzle is drawn through a skimmer C and into a low-pressure reaction
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`chamber, whose wall is labeled “vacuum wall” in the figure above.
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`A voltage is applied across a needle electrode D and the skimmer C to
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`create “metastable atoms.” Any resultant ions in the gas flow are removed by
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`a set of parallel plates mounted after the skimmer:
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`[T]he beam was kept free of charged species by maintaining an
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`adequate voltage on a set of parallel plates mounted after the
`skimmer.23
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`23 Ex. 1105, Fahey, page 382, left col, penultimate paragraph.
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`Thus, Fahey describes a device for generating a beam of “metastable atoms,”
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`from which all charged particles are removed. The beam is supplied to a
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`“reaction region” where the characteristics of the particles in the beam are
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`detected.24 Fahey never teaches or suggests transporting a mixture of plasma
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`and excited atoms to a region proximate to a cathode assembly for super-
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`ionization as claimed.
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`d. Differences Between Claim 18 and the Ground I References
`Mozgrin does not teach or suggest the claimed combination of steps
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`wherein an initial plasma (seeded with excited atoms) is formed from a “feed
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`gas,” then transported to another location where the mixture is super-ionized
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`into a high-density plasma. First of all, Mozgrin does not teach or suggest the
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`concept of transporting an initial plasma of any type (let alone one seeded with
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`excited atoms) to another location for further ionization. To the contrary, he
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`describes creating and growing a plasma in the same location, and completely
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`overlooks the advantages of transporting an initial plasma (seeded with excited
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`atoms) to a different location where the conditions cause the mixture to super-
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`ionize.
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`24 Ex. 1005, Fahey, section 3, “Beam Diagnostics,” page 382 et. seq.
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`Furthermore, Mozgrin does not mention the step of generating a mixture
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`of an initial plasma and excited ions as a precursor for super-ionization. In
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`fact, Mozgrin does not mention excited atoms at all.
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`The Petitioner tries to fill this void in Mozgrin with Kudruavtsev. The
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`Petitioner first notes that Mozgrin cites to Kudryavtsev. The Petitioner then
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`argues that Kudryavtsev’s assertion that excited ions can be formed under
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`certain conditions, “would indicate to a person of ordinary skill the
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`desirability of using a source of excited atoms to further increase the plasma
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`density.”25 The Petitioner conspicuously neglects to cite to any mention
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`Kudryavtsev of this desirability. Kudryatsev’s mere mention that excited ions
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`can be formed under certain conditions does not comment on the desirability
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`of preparing a plasma seeded with excited atoms as a precursor for super-
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`ionization, and certainly does not suggest the desirability of creating such a
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`precursor in one location and then transporting it a different location for super-
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`ionization. In fact, Kudryavtsev does not even talk about the generation of
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`excited atoms in a volume of feed gas as claimed. Kudryavtsev addresses only
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`the generation of excited atoms when an electric field is suddenly applied to an
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`existing, pre-ionized plasma. It does not mention the claimed step of
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`25 Petition, page 24.
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`generating an initial plasma seeded with excited atoms from a volume of feed
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`gas.
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`Furthermore, Kudryavtsev says nothing about transporting an initial
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`plasma and excited ions to a region proximate to a cathode assembly, while
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`maintaining the initial plasma and its excited atoms: All plasmas and excited
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`ions mentioned in Kudryavtsev’s device are formed in the same location –
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`Kurdyatsev’s tube.
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` For the transportation aspect of the claimed method, the Petitioner
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`weaves Fahey into its analysis. Contrary to the Petitioner’s arguments, Fahey
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`teaches away from the claimed step. As explained above, Fahey describes a
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`device for generating a beam of “metastable atoms,” from which all charged
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`particles are removed. The device includes a set of parallel plates mounted
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`after the skimmer, wherein a voltage is applied across the plates to drive
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`charged particles out of the beam, and thereby keep the beam “free of charged
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`species”:
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`[T]he beam was kept free of charged species by maintaining an
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`adequate voltage on a set of parallel plates mounted after the
`skimmer.26
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`26 Ex. 1105, Fahey, page 382, left col, penultimate paragraph.
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`23
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`Thus, the beam emitted by Fahey does not include any charged particles and
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`therefore is not a plasma as claimed.
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`Furthermore, Fahey never teaches that its device can be used to generate
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`a precursor for subsequent su