UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`
`
`GLOBALFOUNDRIES U.S., INC., GLOBALFOUNDRIES DRESDEN
`MODULE ONE LLC & CO. KG, GLOBALFOUNDRIES DRESDEN
`MODULE TWO LLC & CO. KG, and
`THE GILLETTE COMPANY,
`Petitioners,
`
`v.
`
`ZOND, LLC,
`Patent Owner
`________________
`
`IPR2014-010861
`Patent 7,147,759 B2
`
`________________
`
`PETITIONER’S REPLY TO PATENT OWNER’S RESPONSE
`
`
`1 Case IPR2014-00981 has been joined with the instant proceeding.
`
`

`

`
`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
`
`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION ............................................................................................... 1
`
`II. CLAIM CONSTRUCTION ................................................................................ 1
`
`III. RESPONSE TO ARGUMENTS ......................................................................... 2
`
`A. Zond’s Arguments are Based on a Flawed Premise That Ignores the
`Basic Teachings of Kudryavtsev .................................................................. 2
`
`B. Zond Improperly Confounds the Embodiments of Wang. ........................... 4
`
`C. A person of ordinary skill in the art would have found it obvious to
`combine Wang and Kudryavtsev. ................................................................. 5
`
`D. Wang in view of Kudryavtsev teaches a power supply configured to
`generate a voltage pulse with an amplitude and rise time to increase the
`excitation rate in order to create a multi-step ionization process that
`generates a strongly-ionized plasma (Claim 1). ........................................... 9
`
`E. Wang in view of Kudryavtsev teaches the multi-step ionization process
`of exciting ground state atoms to excited atoms, and then ionizing the
`excited atoms without forming an arc discharge (Claim 1). ...................... 14
`
`F. Li teaches “a temperature controller that controls the temperature of the
`substrate support” (Claim 11). .................................................................... 17
`
`G. Wang in view of Muller-Horsche teaches an ionization source
`comprising a UV source, an X-ray source, an electron beam source, and
`or an ion beam source (Claim 17). ............................................................. 19
`
`H. Wang in view of Mozgrin Thesis teaches a rise time of a voltage pulse
`approximately between 0.01 and 100 V/sec (Claim 44). ........................... 20
`
`I. Mozgrin Thesis qualifies as prior art .......................................................... 21
`
`IV. CONCLUSION .................................................................................................. 22
`
`i
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`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
`
`Certificate of Service ............................................................................................... 23
`
`
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`
`ii
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`TABLE OF AUTHORITIES
`
`CASES
`
`In re Mouttet, 686 F.3d 1322 (Fed. Cir. 2012) .......................................................... 5
`
`OTHER AUTHORITIES
`
`Epistar, et al. v. Trustees Of Boston University, IPR2013-00298 (P.T.A.B.
`November 15, 2103) .............................................................................................. 9
`
`REGULATIONS
`
`37 C.F.R. § 42.23 ....................................................................................................... 1
`
`
`
`
`
`
`
`iii
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`PETITIONER’S EXHIBIT LIST
`
`May 4, 2015
`
`Exhibit
`1001 U.S. Patent No. 7,147,759
`
`Description
`
`1002 Kortshagen Declaration
`
`1003 D.V. Mozgrin et al, High-Current Low-Pressure Quasi-Stationary
`Discharge in a Magnetic Field: Experimental Research, Plasma Physics
`Reports- Vol. 21, No. 5- pp. 400-409- 1995 - Mozgrin
`
`1004 A. A. Kudryavtsev and V.N. Skerbov, Ionization relaxation in a plasma
`produced by a pulsed inert-gas discharge, Sov. Phys. Tech. Phys. 28(1),
`pp. 30-35, January 1983 (“Kudryavtsev”)
`
`1005 U.S. Pat. No. 6,413,382 (“Wang”)
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`Plasma Etching: An Introduction, by Manos and Flamm, pp. 185-258,
`Academic Press (1989) (“Manos”)
`
`File History for U.S. Pat. No. 7,147,759, Response of June 14, 2004
`(“06/14/04 Response”)
`
`File History for U.S. Pat. No. 7,147,759, Office Action of August 30,
`2004 (“08/30/04 Office Action”)
`
`File History for U.S. Pat. No. 7,147,759, Response of February 24, 2005
`(“02/24/05 Response”)
`
`File History for U.S. Pat. No. 7,147,759, Office Action of May 27,
`2005, (“05/27/05 Office Action”)
`
`File History for U.S. Pat. No. 7,147,759, Request for Continued
`Examination of October 27, 2005 (“10/27/05 RCE”)
`
`File History for U.S. Pat. No. 7,147,759, Office Action of January 11,
`2006 (“01/11/06 Office Action”)
`
`1013
`
`File History for U.S. Pat. No. 7,147,759,Response of May 2, 2006
`
`iv
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`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
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`(“05/02/06 Response”)
`
`1014
`
`1015
`
`File History for U.S. Pat. No. 7,147,759, Response of August 28, 2006
`(“08/28/2006 Response”)
`
`File History for U.S. Pat. No. 7,147,759, Notice of Allowance Mailed
`October 11, 2006 (“10/11/2006 Allowance”)
`
`1016 Gas Discharge Physics, by Raizer, Table of Contents, pp. 1-35, Springer
`1997 (“Raizer”)
`
`1017 Certified Translation of D.V. Mozgrin, High-Current Low-Pressure
`Quasi-Stationary Discharge in a Magnetic Field: Experimental
`Research, Thesis at Moscow Engineering Physics Institute, 1994
`(“Mozgrin Thesis”)
`
`1018 Mozgrin Thesis (Original Russian)
`
`1019 Catalogue Entry at the Russian State Library for the Mozgrin Thesis
`
`1020
`
`Li et al, Low-temperature magnetron sputter-deposition, hardness, and
`electrical resistivity of amorphous and crystalline alumina thin films, J.
`Vac. Sci. Technol. A 18(5), pp. 2333-38, 2000 (“Li”)
`
`1021 U.S. Pat. No. 5,247,531 (“Muller-Horsche”)
`
`1022 U.S. Pat. No. 5,968,327 (“Kobayashi”)
`
`1023 US 6,306,265 (“Fu”)
`
`1024
`
`European Patent Application 1560943, Response of April 21, 2008
`(“04/21/08 Response in EP 1560943”)
`
`1025 Claim Chart based on Mozgrin and Kudryavtsev as used in 1:13-cv-
`11570-RGS (“Claim Chart Based on Mozgrin and Kudryavtsev”)
`
`1026 Claim Chart based on Mozgrin, Kudryavtsev and Mozgrin Thesis as
`used in 1:13-cv-11570-RGS (“Claim Chart based on Mozgrin,
`Kudryavtsev and Mozgrin Thesis”)
`
`1027 Claim Chart based on Mozgrin, Kudryavtsev and Li as used in 1:13-cv-
`
`v
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`11570-RGS (“Claim Chart based on Mozgrin, Kudryavtsev and Li”)
`
`1028 Claim Chart based on Mozgrin, Kudryavtsev and Muller-Horsche as
`used in 1:13-cv-11570-RGS(“Claim Chart based on Mozgrin,
`Kudryavtsev and Muller-Horsche”)
`
`1029 Claim Chart based on Wang and Kudryavtsev as used in 1:13-cv-11570-
`RGS (“Claim Chart based on Wang and Kudryavtsev”)
`
`1030 Claim Chart based on Wang, Kudryavtsev and Li as used in 1:13-cv-
`11570-RGS (“Claim Chart based on Wang, Kudryavtsev and Li”)
`
`1031 Claim Chart based on Wang, Kudryavtsev and Muller-Horsche as used
`in 1:13-cv-11570-RGS (“Claim Chart based on Wang, Kudryavtsev and
`Muller- Horsche”)
`
`1032 Claim Chart based on Wang, Kudryavtsev and Kobayashi as used in
`1:13-cv-11570-RGS (“Claim Chart based on Wang, Kudryavtsev and
`Kobayashi”)
`
`1033 Claim Chart based on Wang, Kudryavtsev and Mozgrin Thesis as used
`in 1:13-cv-11570-RGS (“Claim Chart based on Wang, Kudryavtsev and
`Mozgrin Thesis”)
`
`1034
`
`List of Related Litigations
`
`1035 Affidavit of Brett C. Rismiller in Support of Petitioner’s Motion for Pro
`Hac Vice Admission
`
`1036 Declaration of Lawrence J. Overzet, Ph.D. (“Overzet Decl.”)
`1037 Deposition Transcript of Larry D. Hartsough Ph.D. for U.S. Patent No.
`6,853,142 (IPRs 2014-00818, 2014-00819, 2014-00821, 2014-00827,
`2014-01098) dated February 26, 2015 (“’142 Dep. Tr.”)
`1038 Deposition Transcript of Larry D. Hartsough Ph.D. for U.S. Patent No.
`7,147,759 (IPRs 2014-00781, 2014-00782, 2014-01083, 2014-01086,
`2014-01087) dated February 25, 2015 (“’759 Dep. Tr.”)
`1039 Deposition Transcript of Larry D. Hartsough Ph.D. for U.S. Patent No.
`7,808,184 (IPRs 2014-00803, 2014-00799) dated February 11, 2015
`(“’184 Dep. Tr.”)
`1040 Deposition Transcript of Larry D. Hartsough Ph.D. for U.S. Patent No.
`
`vi
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`8,125,155 (IPRs 2014-00477, 2014-00479) dated February 12, 2015
`(“’155 Dep. Tr.”)
`1041 Deposition Transcript of Larry D. Hartsough Ph.D. for U.S. Patent No.
`6,896,775 (IPRs 2014-00578, 2014-00604, 2014-01482, 2014-01494)
`dated February 19, 2015 (“’775 Dep. Tr.”)
`
`
`
`
`vii
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`

`

`Petitioner’s Reply to Patent Owner’s Response
`
`I.
`
`INTRODUCTION
`
`IPR2014-01086
` Patent No. 7,147,759
`
`Petitioner submits this reply under 37 C.F.R. § 42.23 in response to Patent
`
`Owner Zond’s Response to Petition filed on December 31, 2014 (“Response,”
`
`Paper No. 25). Zond’s arguments for patentability improperly import nonexistent
`
`limitations from the specification into the claims, mischaracterize the cited prior
`
`art, and rely on trivial limitations that are part of the admitted prior art. The
`
`evidence and arguments in this reply confirm that claims 1, 4, 10-12, 17, 18, and
`
`44 of U.S. Patent No. 7,147,759 (“the ’759 Patent”) are obvious over the
`
`combination of Wang (Ex. 1005) and Kudryavtsev (Ex. 1004) and thus should be
`
`canceled.
`
`II. CLAIM CONSTRUCTION
`The Board construed the term “weakly-ionized plasma” as “a plasma with a
`
`relatively low peak density of ions,” and the term “strongly-ionized plasma” as “a
`
`plasma with a relatively high peak density of ions.” Institution of Inter Partes
`
`Review at p. 12 (Paper No. 11). These constructions do not specify a plasma
`
`density for either claim term. The Board also construed “multi-step ionization
`
`process” as “an ionization process having at least two distinct steps.” Id. (Paper
`
`No. 11). Id. at 11-14 (Paper No. 9). Zond does not address these claim
`
`constructions but Dr. Hartsough does not dispute them. Hartsough Decl. at ¶ 58
`
`(Ex. 2005). Petitioner and Dr. Kortshagen agree with all of the Board’s
`
`1
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`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
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`constructions and apply them in the analysis below. Overzet Decl. at ¶¶ 23-31 (Ex.
`
`1036).
`
`III. RESPONSE TO ARGUMENTS
`A. Zond’s Arguments are Based on a Flawed Premise That Ignores
`the Basic Teachings of Kudryavtsev
`
`Neither Zond nor its declarant, Dr. Hartsough, addresses Kudryavtsev’s
`
`teaching that “the effects studied in this work are characteristic of ionization
`
`whenever a field is suddenly applied to a weakly ionized gas . . .” Kudryavtsev
`
`at p. 34, right col., ¶ 4 (emphasis added) (Ex. 1004). In support of its teaching,
`
`Kudryavtsev clarifies that “[s]pecial experiments were conducted to verify the
`
`unimportance of such factors as the proximity of the shields and grounded objects
`
`or the shape and composition of the electrodes . . . which do not cause appreciable
`
`effects during breakdown of a cold gas.” Id. at p. 33, left col., ¶ 1 (Ex. 1004).
`
`Despite such clear explanations, Zond improperly attempts to tie Kudryavtsev’s
`
`model to the specific dimensions and components of Kudryavtsev’s chamber.
`
`Response at pp. 17-19 (Paper No. 25). Zond’s ill-founded arguments should be
`
`rejected.
`
`Zond goes further by attempting to limit Kudryavtsev’s model to a “flash
`
`tube” that requires an arc. Response at p. 3 (Paper No. 25). Notably, Zond is
`
`unable to point to any explicit mention of a “flash tube” in Kudryavtsev, because
`
`2
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`

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`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
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`there is none. Overzet Decl. at ¶32 (Ex. 1036). Zond fails to explain how its
`
`position comports with Kudryavtsev’s teaching that its model predicts “no well-
`
`defined plasma column” (i.e., without formation of an arc-prone condition) when
`
`parameter A is less than 0 (Kudryavtsev, p. 34, left col. ¶ 7 (Ex. 1004)), but instead
`
`focuses on Kudryavtsev’s teachings of conditions to avoid such as a “highly non-
`
`uniform” distribution (i.e. an arc-prone condition) when A is greater than zero (Id.
`
`at p. 34, left col. ¶ 6 (Ex. 1004)). Overzet Decl. at ¶¶ 33-37 (Ex. 1036). Again,
`
`Zond’s unsupported position contradicts and mischaracterizes the teachings of
`
`Kudryavtsev and should be dismissed.
`
`Finally, instead of teaching how to build a flash tube using an arc, as Zond
`
`asserts, Kudryavtsev suggests that ionization relaxation is of importance in areas
`
`including excimer lasers excited by pulsed electrical discharges. Overzet Decl. at ¶
`
`32 (Ex. 1036). As was well known and explained in U.S. Patent 5,247,531 to
`
`Muller-Horsche (Ex. 1021), the gas in such lasers was pre-ionized to ensure
`
`homogeneity of the plasma discharge and “to avoid arc discharges.” Overzet Decl.
`
`at ¶ 32 (Ex. 1036). A model designed only to apply to a system involving an arc
`
`discharge would have been of little value to excimer laser designers, whose goal
`
`was to avoid arc discharges. Again, Zond’s position is contrary to the express
`
`intent of Kudryavtsev. Muller-Horsche at 1:16-36 (Ex. 1021).
`
`3
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`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
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`Zond Improperly Confounds the Embodiments of Wang.
`
`B.
`Zond’s arguments directed to Wang are flawed, for among other reasons,
`
`because they indiscriminately transition between two different embodiments of
`
`Wang – applying statements directed from one embodiment (Fig. 4) to another
`
`embodiment (Fig. 6). Overzet Decl. at ¶ 49 (Ex. 1036).
`
`
`Wang at Figs 4 and 6 (annotated) (Ex. 1005); Overzet Decl. at ¶ 50 (Ex. 1036).
`
`Wang shows and discusses a system diagram of a magnetron sputter reactor
`
`in Fig. 1, and then in connection with Figs. 4 and 6, shows and discusses two
`
`different embodiments of pulsing a target in the reactor of Fig. 1. See Wang at
`
`3:37-50 (Ex. 1005); Overzet Decl. at ¶ 50 (Ex. 1036). These two separate and
`
`distinct embodiments are illustrated in the figures reproduced above. Further, Dr.
`
`Overzet describes and provides a chart summarizing the difference between these
`
`two embodiments, including the portion cited below. Overet Decl. at ¶¶ 51-53 (Ex.
`
`4
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`

`

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`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
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`1036).
`
`
`Stages
`
`Power or
`Voltage
`
`Arcing
`
`Wang embodiment of Fig. 4 Wang embodiment of Fig. 6
`Single stage: A single stage
`Three stages: Separate ignition
`combines ignition and
`stage, weakly ionized plasma stage,
`generation of strongly ionized
`and strongly ionized plasma stage.
`plasma. Wang at Fig. 4.
`Wang at Fig. 6.
`Where chamber impedance
`“Where chamber impedance is
`changes “relatively little,” there is
`changing, the power pulse
`no preference to specify power
`width is preferably specified
`rather than the current or
`pulse over current or voltage pulse.
`voltage pulse widths.” Wang at
`See Wang at 7:49-51.
`5:52-54
`Tendency to arc during
`ignition/generation of strongly
`ionized plasma: See Wang at
`7:1-12.
`
`Arcing is avoided during ignition
`and during generation of strongly
`ionized plasma. See Wang at 7:26-
`28, 47-48.
`
`
`C. A person of ordinary skill in the art would have found it obvious
`to combine Wang and Kudryavtsev.
`
`Zond makes numerous incorrect arguments as to why a person of ordinary
`
`skill in the art would not be motivated to combine Wang and Kudryavtsev. See
`
`Response at 22-34 (Paper No. 25). All of these arguments are based on nothing
`
`more than the alleged differences between the physical systems of Wang and
`
`Kudryavtsev and focus on bodily incorporating their systems. This is not the
`
`proper standard for determining obviousness. In re Mouttet, 686 F.3d 1322, 1332
`
`(Fed. Cir. 2012) (“It is well-established that a determination of obviousness based
`
`on teachings from multiple references does not require an actual, physical
`
`5
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`substitution of elements.”). And Zond’s declarant, Dr. Hartsough, concedes that a
`
`person of ordinary skill in the art would have understood how physical differences
`
`(such as pressure, chamber geometry, gap dimensions, magnetic field) would affect
`
`a system and understood how to adjust for such differences. ’142 Dep. Tr. at
`
`75:24-80:2 (Ex. 1037). As further discussed below, a person of ordinary skill in
`
`the art would have understood and been encouraged to combine the teachings of
`
`the Wang and Kudryavtsev.
`
`Kudryavtsev is a study of the behavior of plasma—including modeling such
`
`behavior—which is general in its application. Overzet Decl. at ¶ 55 (Ex. 1036).
`
`Kudryavtsev compares its theory to results measured from an experimental
`
`embodiment which leads to the conclusion “from a comparison of the experimental
`
`spatial and time dependences of ne that the model is quite accurate.” Kudryavtsev
`
`at Abstract; p. 34, right col.,¶ 4 (Ex. 1004); Overzet Decl. at ¶ 55 (Ex. 1036).
`
`Kudryavtsev’s theoretical framework is not intended to be limited in application to
`
`any specific type of apparatus (flash tube or otherwise) within which plasma is
`
`subjected to an electrical pulse. Overzet Decl. at ¶ 55 (Ex. 1036). In fact, while
`
`Kudryavtsev may have utilized a particular experiment to verify the disclosed
`
`model and confirm “that the electron density increases explosively in time,”
`
`Kudryavtsev provides general teachings that are applicable “whenever a field is
`
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`suddenly applied to a weakly ionized gas.” Kudryavtsev at Abstract; p. 34, right
`
`col., ¶ 4 (emphasis added) (Ex. 1004); Overzet Decl. at ¶ 55 (Ex. 1036).
`
`Like Kudryavtsev, Wang is directed to a plasma reactor with a pulsed power
`
`supply. Wang at Abstract (Ex. 1005); Overzet Decl. at ¶ 56 (Ex. 1036). During
`
`peak power PP, Wang suddenly applies an electric field by way of a “negative
`
`voltage pulse” to “quickly cause[] the already existing [weakly ionized] plasma
`
`to spread and increase[] the density of the plasma.” Wang at 7:29-30; 7:62
`
`(emphasis added) (Ex. 1005); Overzet Decl. at ¶ 56 (Ex. 1036). In view of Wang’s
`
`application, a person of ordinary skill in the art would have looked to Kudryavtsev
`
`to understand how plasma would react to a quickly applied voltage pulse, and how
`
`to achieve an explosive increase in electron density (if not already experienced)
`
`while generating strongly ionized plasma, for the benefit of improved sputtering
`
`and manufacturing processing capabilities. Overzet Decl. at ¶ 56 (Ex. 1036).
`
`Whether there are differences in the systems of Wang and Kudryavtsev is
`
`inconsequential. Overzet Decl. at ¶ 57 (Ex. 1036). A person of ordinary skill in
`
`the art still would have known how to apply the teachings of Kudryavtsev to
`
`systems such as Wang’s (i.e., for performing sputtering, irrespective of different
`
`pressures, different dimensions, different sizes, magnets, and/or other feature
`
`differences). Id. (Ex. 1036). Differences in such systems are routine and a person
`
`of ordinary skill in the art would work with such differences on a regular basis, and
`
`7
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`would consider it routine to make any necessary changes to accommodate for any
`
`and all such variables. Id. (Ex. 1036). Moreover, a person of ordinary skill in the
`
`art would understand that Kudryavtsev teaches that his model is applicable over a
`
`range of pressures based on Kudryavtsev’s Figure 3. Kudryavtsev at Fig. 3; Eqn.
`
`12; p. 34, left col., ¶¶ 1-2 (Ex. 1004); Overzet Decl. at ¶ 57 (Ex. 1036).
`
`Zond’s declarant, Dr. Hartsough, testified that making such changes to a
`
`sputtering system was well known to a person of ordinary skill in the art prior to
`
`the ’759 patent. ’759 Dep. Tr. at 75:24-80:2 (Ex. 1038). In fact, Mozgrin is
`
`evidence that those of ordinary skill in the art not only would, but actually did look
`
`to and apply the teachings of Kudryavtsev to systems similar to Wang’s. Mozgrin
`
`at p. 401, ¶ spanning left and right cols (Ex. 1003); Overzet Decl. at ¶ 58 (Ex.
`
`1036).
`
`Finally, in an effort to circumvent the Board’s explicit statement that
`
`obviousness does not require an actual, physical substitution of elements, Patent
`
`Owner Zond points to the Epistar proceeding as requiring objective evidence
`
`showing that Wang’s sputtering system would succeed if modified by the teachings
`
`of Kudryavtsev. Response at pp. 32-33 (Paper No. 25). The Epistar proceeding
`
`was predicated on a direct substitution of a gallium nitride buffer layer for the
`
`aluminum nitride buffer layer used in the Manabe system’s process. Epistar, et al.
`
`v. Trustees Of Boston University, IPR2013-00298, Petition, Paper No. 4 (P.T.A.B.
`
`8
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`Petitioner’s Reply to Patent Owner’s Response
`
`IPR2014-01086
` Patent No. 7,147,759
`
`November 15, 2103). The Epistar proceeding is inapplicable to the instant
`
`proceeding as Petitioners do not advocate substituting any characteristics of
`
`Kudryavtsev’s apparatus into Wang’s sputtering system; on the contrary,
`
`Petitioners maintain that a person of ordinary skill in the art would be motivated to
`
`use Wang’s disclosed sputtering system in order to achieve Kudryavtsev’s
`
`explosive ionization increase (if it were not already occurring). Overzet Decl. at ¶
`
`57 (Ex. 1036). As the Board correctly recognized in its Institution Decision,
`
`Petitioners seek to combine Kudryavtsev’s teaching of multi-step ionization
`
`modeling with the Wang system, not actual substitution of Kudryavtsev’s
`
`apparatus. Institution Decision at p. 20 (Paper No. 11).
`
`D. Wang in view of Kudryavtsev teaches a power supply configured
`to generate a voltage pulse with an amplitude and rise time to increase
`the excitation rate in order to create a multi-step ionization process that
`generates a strongly-ionized plasma (Claim 1).
`
`Zond argues that Wang in view of Kudryavtsev fails to teach this limitation
`
`for two primary reasons. First, Zond argues that “[i]nstead of controlling a voltage
`
`pulse in the particular way required by the claims, Wang controls the power pulse.”
`
`Response at 36-39 (Paper No. 25). Second, Zond argues that neither Wang nor
`
`Kudryavtsev teach “choosing”2 an amplitude and rise time of the pulse to increase
`
`
`2 Zond’s argument is premised on a claim interpretation that improperly imports
`
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`the “rate at which [the excitation of ground state atoms] occurs.” Id. at 39-44
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`(Paper No. 25). These arguments are premised on an incorrect interpretation of
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`claim 1 and mischaracterize the prior art. Overzet Decl. at ¶ 63 (Ex. 1036).
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`Wang teaches that a magnitude (amplitude) of the voltage pulse at the
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`power supply is selected and delivered to the reactor chamber during the peak
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`power pulse PP. Wang at 7:19-22; 7:28-30; 9:30-40 (claim 11), Fig. 7 (Ex. 1005);
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`Overzet Decl. at ¶ 66(Ex. 1036). Wang also teaches using a high-pass filter allowing
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`a specific peak pulse width and rise time. Wang at 7:65-8:1, Fig. 7 (see HPF 104)
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`(Ex. 1005); Overzet Decl. at ¶ 66 (Ex. 1036). Dr. Hartsough concedes that a high-
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`pass filter “could enable fast rise times.” ’184 Dep. Tr. at 181:9-17 (Ex. 1039).
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`Like the ’759 Patent, Wang notes that the particular shape of the pulse depends on
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`the design of the power supply. Wang at 5:25-27 (The “exact shape depends on
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`the design of the pulsed DC power supply 80, and significant rise times . . . are
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`expected.”) (Ex. 1005); ’759 Patent at 11:16-19 (“The particular … shape …of
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`the high-power pulses depend[s] on …the design of the pulsed power supply.”)
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`(Ex. 1001).
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`non-existent claim terms, such as “choosing,” into the claim. In fact, “chosen”
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`amplitude and rise times is a further limitation of claim 6 and is not found in claim
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`1. Overzet Decl. at ¶¶ 82-84 (Ex. 1036).
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`Further, Kudryavtsev teaches that when a voltage pulse is applied to a
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`weakly ionized gas, the slow and fast stage ionization processes indicated in
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`Kudryavtsev’s Fig. 1 result. Kudryavtsev at p. 31, right col., ¶¶ 6-7 (Ex. 1004).
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`During the slow stage, Kudryavtsev explains that the number of ground state atoms
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`excited to the first excited state “increases rapidly” for a relatively slow change in
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`electron density. Kudryavtsev at p. 31, right col., ¶ 6 (Ex. 1004); Overzet Decl. at
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`¶ 64 (Ex. 1036). As the number of excited atoms increases, the electron density
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`begins to increase as well until it reaches its maximum value equal to the rate of
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`excitation of the ground state atoms. Kudryavtsev at p. 31, right col., ¶ 6 (Ex.
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`1004); Overzet Decl. at ¶ 64 (Ex. 1036). Since the electron density rises at an ever
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`increasing rate once steady state conditions have been reached during the fast
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`stage, ionization builds up explosively to create a strongly-ionized plasma.
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`Kudryavtsev at p. 31, right col., ¶ 6 (Ex. 1004); Overzet Decl. at ¶ 64 (Ex. 1036).
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`This is the process recited in claim 1 as “generating a voltage pulse with an
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`amplitude and a rise time that increases an excitation rate of ground state atoms
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`that are present in the weakly-ionized plasma.”
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`Zond further argues that “Kudryavtsev discloses that the density of excited
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`atoms (n2) remains nearly stationary or constant.” Response at p. 43 (Paper No.
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`25). Zond’s argument, which ignores both the language of claim 1 and the
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`teachings of Kudryavtsev, is simply wrong.
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`First, claim 1 calls for an increase in the excitation rate of ground state atoms
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`due to the high power voltage pulse. As discussed above, Kudryavtsev’s voltage
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`pulse causes the number of atoms in the first excited states to increase rapidly
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`during the first stage of ionization. Kudryavtsev at p. 31, right col., ¶¶ 6-7 (Ex.
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`1004); Overzet Decl. at ¶ 64 (Ex. 1036). This sudden, rapid increase in the number
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`of excited atoms at the onset of Kudryavtsev’s voltage pulse clearly meets the
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`requirement for an increase in rate. Zond simply ignores this response to
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`Kudryavtsev’s pulse.
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`Second, Zond’s argument is based solely on Kudryavtsev’s explanation of
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`the second stage of ionization which occurs after the rapid increase in excited
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`ground state atoms takes place. The second stage occurs after, and as a result of,
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`the rapid increase in excited atoms in the first stage. Kudryavtsev at p. 31, right
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`col., ¶ 6 (Ex. 1004); Overzet Decl. at ¶ 43 (Ex. 1036). In the second stage,
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`equilibrium is reached between the increase in electron density and the excitation
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`rate of ground state atoms. Kudryavtsev at p. 31, right col., ¶ 6 - p. 32, left col., ¶
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`1(Ex. 1004); Overzet Decl. at ¶ 43 (Ex. 1036). The number of excited atoms
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`reaches a maximum and stabilizes, and there is an explosive increase in ionization.
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`Id. The fact that the excited atom density remains relatively constant in the second
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`stage is irrelevant since both the first stage and the second stage occur during the
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`high power pulse. Zond’s selective reading of Kudryavtsev cannot support its
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`argument.
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`Zond’s declarant, Dr. Hartsough, and Petitioner’s experts, Dr. Kortshagen and
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`Dr. Overzet, agree that Wang teaches a weakly and a strongly-ionized plasma. ’155
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`Dep. Tr. at 140:7-25 (Ex. 1040); Overzet Decl. at ¶ 51 (Ex. 1036); Transcript of
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`deposition of Dr. Kortshagen, Petitioners’ expert, for the ‘142 patent at 151:25-152:6
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`(Ex. 2011). In Wang, “a very high plasma density is produced during the pulse.”
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`Wang at Abstract (Ex. 1005); Overzet Decl. at ¶ 68 (Ex. 1036). Wang further notes
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`that “the application of the high peak power PP instead quickly causes the already
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`existing plasma to spread and increases the density of the plasma.” Wang at
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`7:28-30; 5:7-8 (Ex. 1005); Overzet Decl. at ¶ 68 (Ex. 1036). This process increases
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`the “excitation rate of ground state atoms,” as recited in the claim. Overzet Decl.
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`at ¶¶ 67-68 (Ex. 1036). Based on these teachings, a person of ordinary skill in the
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`art would therefore recognize that Wang chooses the voltage pulse amplitude,
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`width, and rise time to increase the excitation rate of the ground state atoms in the
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`weakly ionized plasma and increase the ionization rate of its strongly-ionized
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`plasma. Id.at ¶ 68 (Ex. 1036). Either Wang’s system operates in the manner
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`described by Kudryavtsev (which is most likely) whereby the excitation rate of
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`ground state atoms is increased followed by a rapid increase in electron density and
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`an explosive increase in ionization, or it would have been obvious for one of
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`ordinary skill in the art to adjust the parameters of Wang to take advantage of the
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`explosive ionization increase described by Kudryavtsev. Id.at ¶ 65 (Ex. 1036).
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`E. Wang in view of Kudryavtsev teaches the multi-step ionization
`process of exciting ground state atoms to excited atoms, and then
`ionizing the excited atoms without forming an arc discharge (Claim 1).
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`Zond argues that “although Wang mentions reducing arcing, it never
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`indicates that it does not have any arcing while the ground state atoms are excited
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`to excited atoms and while the excited atoms are ionized, as required by claim
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`1…” Response at 22 (Paper No. 25). This argument is based on an incorrect
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`reading of the claim limitation as the Board correctly construed the limitation
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`“without forming an arc discharge” as requiring reduction or substantial
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`elimination of arcing because it is impossible to completely eliminate arcing and
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`the ’759 specification discusses the reduction of arcing, not complete elimination.
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`Overzet Decl. at ¶¶ 70-71 (Ex. 1036).
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`As a threshold matter, it is noted that Wang in view of Kudryavtsev teaches
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`the multi-step ionization process. Zond’s declarant Dr. Hartsough concedes that
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`“you’ve got generation of excited atoms first and then generation of ions from
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`those excited atoms depicted in [Kudryavtsev’s] figure” and that this “requires to
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`[sic] distinct collisions.” ‘759 Dep. Tr. at 48:5-14 (Ex. 1038).
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`Regarding arcing, Zond’s declarant Dr. Hartsough concedes that “Wang at
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`least significantly reduced arcing.” ’155 Dep. Tr. at 178:5-8 (Ex. 1040); ’184 Dep.
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`Petitioner’s Reply to Patent Owner’s Response
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`IPR2014-01086
` Patent No. 7,147,759
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`Tr. at 250:4-5 (Ex. 1039). Also, Dr. Hartsough concedes that the claim requires
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`looking at a single pulse at a time. ’184 Dep. Tr. at 244:7-13 (Ex. 1039). Further,
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`Dr. Hartsough concedes that Wang will not arc in every instance. ’184 Dep. Tr. at
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`253:15-24 (Ex. 1039). Further still, Dr. Hartsough concedes that in instances
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`where Wang does not arc it meets the claim. ’155 Dep. Tr. at 200:19-21 (“If Wang
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`produces a pulse that doesn’t arc, then Wang meets the ‘does not arc’ part of
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`that claim. They match.”) (emphasis added) (Ex. 1040). Therefore, based on Dr.
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`Hartsough’s testimony, Wang meets the claim limitation “without forming an arc”
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`since at least during one pulse it will not arc.
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`Wang, recognized that in the waveform of Fig. 4, during the
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`ignition/generation of strongly ionized plasma from an off state with a single high
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`power pulse, PP, the “effective chamber impedance dramatically changes” and
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`there is “a tendency …[of] initial arcing.” Wang at 5:31, 7:3-8 (Ex. 1005); Overzet
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`Decl. at ¶ 73 (Ex. 1036). Consequently, Wang advises that “it is advantageous to
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`use a target power waveform illustrated in Fig. 6 in which the target is maintained
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`at a background power level.” Wang at 7:1-15(Ex. 1005); Overzet Decl at ¶ 73
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`(Ex. 1036).
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