UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`INTEL CORPORATION, GLOBALFOUNDRIES U.S., INC.,
`MICRON TECHNOLOGY, INC., and
`SAMSUNG ELECTRONICS COMPANY, LTD.,
`Petitioners,
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`v.
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`DANIEL L. FLAMM,
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`Patent Owner.
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`PTAB Case No. IPR2017-002801
`Patent No. RE40,264 E
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`PETITIONERS’ REPLY TO PATENT OWNER’S RESPONSE
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`Claims 27-36, 51-55, 66 & 68-69
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` 1
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` Samsung Electronics Company, Ltd. was joined as a party to this proceeding via
`a Motion for Joinder in IPR2017-01750.
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`
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`

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`TABLE OF CONTENTS
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`Page
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`
`I.
`II.
`
`Introduction ..................................................................................................... 1
`Combinations based on Kadomura and Matsumura rendered claims
`27-36, 51-55, 66, and 68-69 obvious .............................................................. 2
`A.
`The prior art taught changing processing temperature within a
`“preselected time [interval/period]” ..................................................... 3
`It would have been obvious to combine Kadomura and
`Matsumura ............................................................................................ 4
`1.
`A skilled person would have combined Kadomura and
`Matsumura ................................................................................. 5
`Flamm does not meaningfully address some of
`Petitioners’ motivations and his arguments on the others
`fail .............................................................................................. 8
`Flamm mischaracterizes Kadomura and Matsumura ......................... 12
`1.
`Kadomura ................................................................................. 13
`2. Matsumura ............................................................................... 15
`III. Combinations based on Kikuchi and Matsumura also rendered claims
`27-36, 51-55, 66, and 68-69 obvious ............................................................ 16
`A. Kikuchi and Matsumura disclosed each element of claim 27 ............ 17
`1.
`Kikuchi and Matsumura taught claim 27, limitation [a] .......... 17
`2.
`Kikuchi and Matsumura disclosed claim 27, limitation
`[e] ............................................................................................. 19
`A skilled person would have been motivated to combine
`Kikuchi and Matsumura ..................................................................... 21
`IV. Petitioners are relying on the same theories of unpatentability as in the
`Petition .......................................................................................................... 22
`Flamm has waived any arguments unique to the dependent claims ............ 23
`V.
`VI. Flamm’s supporting declaration is entitled to little, if any, weight .............. 23
`VII. Conclusion .................................................................................................... 26
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`B.
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`C.
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`2.
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`B.
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`
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`-i-
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`

`

`TABLE OF AUTHORITIES
`
`
`
`
`CASES
`Belden Inc. v. Berk-Tek LLC,
`805 F.3d 1064 (Fed. Cir. 2015) .......................................................................... 22
`
`In re Mouttet,
`686 F.3d 1322 (Fed. Cir. 2012) .......................................................................... 21
`
`Intelligent Bio-Systems, Inc. v. Illumina Cambridge Ltd.,
`821 F.3d 1359 (Fed. Cir. 2016) .......................................................................... 22
`
`Meiresonne v. Google, Inc.,
`849 F.3d 1379 (Fed. Cir. 2017) .................................................................... 14, 16
`
`OTHER AUTHORITIES
`
`37 C.F.R. § 42.23(b) ................................................................................................ 22
`
`37 C.F.R. § 42.65(a) ................................................................................................. 24
`
`
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`
`
`-ii-
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`

`

`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
`
`UPDATED EXHIBIT LIST
`
`Petitioner’s Exhibits
`
`Exhibit
`
`Description
`
`Ex. 1001 U.S. Patent No. RE40,264 (“’264 patent”)
`
`Ex. 1002 U.S. Patent No. 5,605,600 (“Muller”)
`
`Ex. 1003 U.S. Patent No. 5,151,871 (“Matsumura”)
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`Ex. 1004 U.S. Patent No. 5,226,056 (“Kikuchi”)
`
`Ex. 1005 U.S. Patent No. 6,063,710 (“Kadomura”)
`
`Ex. 1006 Declaration of Dr. John Bravman in Support of Petition for Inter
`Partes Review of U.S. Patent No. RE40,264
`
`Ex. 1007 U.S. Patent Application No. 08/567,224 (“’224 application”)
`
`Ex. 1008 Wright, D.R. et al., A Closed Loop Temperature Control System for
`a Low-Temperature Etch Chuck, Advanced Techniques for
`Integrated Processing II, Vol. 1803 (1992), pp. 321–329 (“Wright”)
`
`Ex. 1009 U.S. Patent No. 5,711,849 (“’849 patent”)
`
`Ex. 1010 U.S. Patent No. 4,331,485 (“Gat”)
`
`Ex. 1012
`
`Ex. 1011 U.S. Patent No. 5,393,374 (“Sato”)
`PTAB Decision Denying Institution of Inter Partes Review, Lam
`Research Corp. v. Daniel L. Flamm, IPR2016-00470, Paper 6 (July
`1, 2016)
`PTAB Institution of Inter Partes Review, Lam Research Corp. v.
`Daniel L. Flamm, IPR2015-01768, Paper 7 (February 24, 2016)
`Petition for Inter Partes Review of U.S. Patent No. RE40,264 E
`Fourth Petition, Lam Research Corp. v. Daniel L. Flamm, IPR2015-
`01768, Paper 1 (August 18, 2015)
`
`Ex. 1013
`
`Ex. 1014
`
`
`
`-iii-
`
`

`

`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
`
`UPDATED EXHIBIT LIST
`(continued)
`
`PTAB Decision Denying Institution of Inter Partes Review, Lam
`Research Corp. v. Daniel L. Flamm, IPR2016-00469, Paper 6 (July
`1, 2016)
`PTAB Institution of Inter Partes Review, Lam Research Corp. v.
`Daniel L. Flamm, IPR2015-01764, Paper 7 (February 24, 2016)
`Ex. 1017 U.S. Patent No. 5,446,824 (“Moslehi ’824”)
`
`Ex. 1015
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`Ex. 1016
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`Ex. 1018 U.S. Patent No. 5,628,871 (“Shinagawa”)
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`Ex. 1019 U.S. Patent No. 5,174,856 (“Hwang”)
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`Ex. 1020 Declaration of Rachel J. Watters regarding Exhibit 1008
`Ex. 1021 Declaration of Jared Bobrow in Support of Motion for Pro Hac Vice
`Admission
`Ex. 1022 Declaration of Chad Campbell in Support of Motion for Pro Hac
`Vice Admission
`Reply Declaration of Dr. John Bravman in Support of Petition for
`Inter Partes Review of U.S. Patent No. RE40,264 and Reply to
`Patent Owner’s Response
`
`Ex. 1023
`
`Ex. 1024
`
`Ex. 1025
`
`Ex. 1026
`
`Ex. 1027
`
`Final Written Decision, Thorley Indus. LLC v. Kolcraft Enter., Inc.,
`IPR2016-00352, Paper 25 (June 1, 2017)
`
`Final Written Decision, inContact, Inc. v. Microlog Corp., IPR2015-
`00560, Paper 21 (July 28, 2016)
`
`Patent Owner Preliminary Response, Lam Research Corp. v. Daniel
`L. Flamm, IPR2016-00470, Paper 5 (April 27, 2016)
`
`Final Written Decision, Curt G. Joa, Inc. v. Fameccanica.Data
`S.p.A., IPR2016-00906, Paper 79 (October 11, 2017)
`
`Ex. 1028 Decision Denying Institution of Inter Partes Review, Kinetic
`Techs., Inc. v. Skyworks Sols., Inc., IPR2014-00529, Paper 8
`(September 23, 2014)
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`
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`-iv-
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`

`

`I.
`
`Introduction
`
`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
`
`Claims 27-36, 51-55, 66, and 68-69 of the ’264 patent recite well-known and
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`long-used semiconductor processing techniques. Having no way to dispute that
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`fact, Patent Owner (“Flamm”) fails to address most claim limitations in his
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`5
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`Response to the Petition. He focuses instead on the requirement in independent
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`claims 27 and 51 for changing processing temperatures “within a preselected time
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`[interval/period].” But, as with the claims’ other limitations, that approach was not
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`new at the time of the alleged invention. For example, Matsumura disclosed
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`preselecting temperature change times as part of process recipes programmed into
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`10
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`a computer. As Flamm admits (Paper 13 at 14), the use of preprogrammed recipes
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`was “common knowledge,” “pervasive,” and “obvious.”
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`Unable to dispute that the combined disclosures of the prior art taught what
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`is claimed (including temperature changes “within a preselected time
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`[interval/period]”), Flamm’s Response attacks Petitioners’ motivations for
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`15
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`combining the references, arguing that the motivations are missing or conclusory.
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`But the evidence of record confirms that the Petition and supporting expert
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`declaration from Dr. John Bravman identified and explained multiple motivations
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`to support Petitioners’ proposed prior art combinations. Flamm simply fails to
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`address many of Petitioners’ identified motivations to combine, leaving that
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`20
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`evidence unrebutted.
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`
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`-1-
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`

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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`Flamm also mischaracterizes the prior art’s teachings and mistakenly argues
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`that prior art “teaches away” from the alleged invention because it differs from
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`certain embodiments in the ’264 patent. To the contrary, the references establish
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`that the claimed techniques were widespread and had well-understood benefits.
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`5
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`Flamm fails to identify any instance where the allegedly inventive approach is
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`criticized, discredited, or discouraged. Finally, while Flamm submitted a
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`supporting declaration, he is an interested party and his declaration is entitled to
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`little, if any, weight.
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`This Reply is supported by the Reply Declaration of Dr. Bravman (Ex. 1023)
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`10
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`and responds to the arguments made in Flamm’s Response (Paper 13) and
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`declaration (Ex. 2001).
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`II. Combinations based on Kadomura and Matsumura rendered claims 27-
`36, 51-55, 66, and 68-69 obvious
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`In response to Petitioners’ evidence that prior art combinations based on
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`15
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`Kadomura and Matsumura rendered claims 27-36, 51-55, 66, and 68-69
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`unpatentable as obvious, Flamm focuses on one limitation of independent claims
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`27 and 51 directed to changing temperature within a “preselected time
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`[interval/period].” (Paper 13 at 7-8; Ex. 2001 ¶9.) Flamm does not dispute that
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`Petitioners’ Kadomura-based prior art combinations disclosed all the other
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`20
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`limitations of the independent claims, and he does not contest that at least
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`Matsumura taught the “preselected time [interval/period]” limitation.
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`-2-
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`

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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`Flamm’s primary argument is that it would not have been obvious to
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`combine Kadomura and Matsumura. But Flamm’s arguments mischaracterize
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`Kadomura and Matsumura and misapply the law on whether a prior art reference
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`“teaches away” from the alleged invention. As Petitioners and Dr. Bravman
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`5
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`demonstrated, there are many reasons why a skilled person would have combined
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`Kadomura and Matsumura.
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`A. The prior art taught changing processing temperature within a
`“preselected time [interval/period]”
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`Kadomura disclosed changing temperature in “about 30 sec” or “about 50
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`10
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`sec” as part of its etching process. (Ex. 1005, 6:52-55, 10:11-13; Ex. 1006 ¶132.)
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`Matsumura disclosed semiconductor processing based on “predetermined recipe[s]”
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`that included temperature change times. (Ex. 1003, 3:1-7, 3:14-16; Paper 2 at 14-
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`15; Ex. 1006 ¶¶71-73.) Figure 9 below shows an example recipe, including
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`specific time periods of 20 seconds and 60 seconds for temperature changes, as
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`15
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`shown in red annotations. A control system (CPU and PID controller) applied
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`signals “responsive to inputted recipes and temperature detecting signal[s]” to
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`execute the preprogrammed recipes. (Ex. 1003, 5:58-63.)
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`-3-
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`

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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`
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`Flamm does not dispute that Matsumura disclosed using a “preselected time
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`[interval/period]” for changing processing temperatures. Indeed, Flamm admits
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`that Matsumura’s “stored recipe[s]” are the “crux” of the reference’s teachings.
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`5
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`(Paper 13 at 7; Ex. 2001 ¶11.) Instead, Flamm erroneously argues that Matsumura
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`fails to teach “anything about etching,” despite Matsumura’s express teaching that
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`its methods can be applied to etching. (Paper 13 at 6.)
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`B.
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`It would have been obvious to combine Kadomura and
`Matsumura
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`10
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`Ignoring the evidence cited in the Petition and Dr. Bravman’s opening
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`declaration (Ex. 1006), Flamm argues that Petitioners have failed to establish any
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`motivation for combining Kadomura and Matsumura. (Paper 13 at 8-19.) And
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`-4-
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`

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`while Flamm admits that Matsumura’s teachings were well known (Id. at 13-14,
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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`18-19), he incorrectly asserts they did not apply to etching processes, ignoring
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`Matsumura’s disclosure to the contrary. (Ex. 1003, 10:3-7.) Flamm selectively
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`attacks a subset of Petitioners’ proposed motivations, but his arguments are
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`5
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`unsupported. He also ignores Petitioners’ other identified motivations. Flamm has
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`thus waived any substantive challenges to those motivations. (Paper 10 at 4.)
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`1.
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`A skilled person would have combined Kadomura and
`Matsumura
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`Petitioners and Dr. Bravman described several reasons why a skilled person
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`10
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`would have combined the teachings of Kadomura and Matsumura. To begin, a
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`skilled person would have incorporated Matsumura’s predetermined recipe
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`approach, including preselected times for temperature changes, into Kadomura’s
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`system. (Paper 2 at 33-34; Ex. 1023 ¶27 (citing Ex. 1006).) The motivations for
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`that modification would have been to:
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`15
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`• increase efficiency, control, accuracy, reliability, and predictability;
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`• ensure that temperature change time was less than gas exchange time;
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`and
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`• avoid potential decreases in throughput.
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`(Ex. 1023 ¶27 (citing Ex. 1006).)
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`-5-
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`

`

`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`Furthermore, a skilled person would have incorporated Matsumura’s
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`substrate holder temperature sensor into Kadomura’s processing system. The
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`motivations for making that change would have been to:
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`• allow a tool operator to confirm that Kadomura’s stage reached a
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`5
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`selected temperature;
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`• increase control of temperature change and processing times; and
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`• improve precision, measurement accuracy, and efficiency.
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`(Paper 2 at 25-27; Ex. 1023 ¶26 (citing Ex. 1006).)
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`Despite the evidence, Flamm erroneously argues that Petitioners failed to
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`10
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`articulate any motivation to combine Kadomura and Matsumura. (Paper 13 at 14-
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`17.) As explained above, that is untrue.
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`Flamm also generally attacks the combination, asserting that Matsumura is
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`“in a different field of art” and, without explanation, that its recipes “would have
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`been useless” for plasma etching (as in Kadomura). (Id. at 14, 19; Ex. 2001 ¶15.)
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`15
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`Not so. Matsumura expressly taught that its techniques “can also be applied to any
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`of the ion implantation, CVD, etching and ashing processes.” (Ex. 1003, 10:3-7
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`(emphasis added); Ex. 1023 ¶¶15-20 (citing Ex. 1006).) Flamm has no contrary
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`evidence.
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`Flamm further asserts that “the only thing in Matsumura that is not
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`20
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`mentioned by Kadomura is using a computer or microcontroller to effectuate a
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`-6-
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`

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`process.” (Paper 13 at 13, 18; Ex. 2001 ¶14.) Flamm then acknowledges that
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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`digital control of semiconductor processing steps (as in Matsumura) was obvious at
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`the time of the alleged invention:
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`5
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`No PHOSITA would have considered Matsumura for this at least
`since this type of automation was common knowledge at the time and
`its implementation in production worthy processing equipment was
`pervasive and obvious.
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`(Paper 13 at 14, 18-19 (emphasis added).)
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`Petitioners and Dr. Bravman agree that the use of preprogrammed recipes
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`10
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`was obvious at the time of the alleged invention. (Paper 2 at 33; Ex. 1023 ¶¶18, 38
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`(citing Ex. 1006).) If anything, Flamm’s argument shows that Kadomura alone
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`rendered this limitation obvious. Petitioners included Matsumura in their petition
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`because Flamm previously successfully argued in a different IPR that Kadomura
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`alone did not teach the “preselected time” limitation. (Ex. 1012, 15-17; Ex. 1026,
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`15
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`7-8.) Flamm now admits, however, that Matsumura’s automated process control,
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`such as preselecting temperature change times, was obvious. In any case, Flamm’s
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`admission that this type of automation was “pervasive and obvious” further
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`supports that a skilled person would have been motivated to combine Matsumura’s
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`preprogrammed recipe approach with Kadomura’s system. (Ex. 1023 ¶38.)
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`20
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`Flamm further argues that whether Kadomura included a control circuit for
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`implementing processing recipes (as taught in Matsumura) is not relevant. (Paper
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`-7-
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`

`

`13 at 18-19.) But controllers and preprogrammed recipes are centrally relevant to
`
`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`the proposed combination, and Flamm admits elsewhere in his Response that “the
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`use of ‘predetermined recipes’” “is relevant to the matter at hand.” (Id. at 12-13.)
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`A programmable computer or processor is also relevant. As Matsumura taught, a
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`5
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`computer or processor stored and executed preprogrammed recipes. (Ex. 1003,
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`5:58-6:13.) Those recipes included temperature changes preselected to occur
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`within specific times, as recited in claims 27 and 51. Kadomura taught using a
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`control system with a PID controller, and it would have been obvious to program
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`that controller with predetermined recipes as taught in Matsumura. (Ex. 1023 ¶¶25,
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`10
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`27 (citing Ex. 1006).)
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`2.
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`Flamm does not meaningfully address some of Petitioners’
`motivations and his arguments on the others fail
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`Petitioners and Dr. Bravman described at least the following motivations for
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`combining Kadomura and Matsumura: increased throughput, control, accuracy,
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`15
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`efficiency, predictability, and reliability. (Paper 2 at 25-27, 33-34; Ex. 1023 ¶¶18,
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`26-27, 33, 36-39 (citing Ex. 1006.) Flamm never addresses efficiency and
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`predictability in his Response, except to characterize those motivations as
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`conclusory while failing to rebut the substance of Petitioners’ arguments or Dr.
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`Bravman’s detailed opinions. He has therefore waived any challenge to those two
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`20
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`motivations. (Paper 10 at 4.)
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`-8-
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`

`

`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
`
`Flamm’s arguments for the remaining motivations (increased throughput,
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`control, accuracy, and reliability) are unavailing. Flamm argues that adding
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`Matsumura’s predetermined recipe approach to Kadomura’s system would not
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`have affected throughput. In doing so, Flamm assumes that the time for etching
`
`5
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`gas exchange between steps in Kadomura’s system was always longer than the
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`time for temperature change. (Paper 13 at 3-6, 8-9, 11, 13.) Flamm then asserts
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`that gas exchange time is the sole limiting factor on throughput and that
`
`temperature change time is irrelevant. (Id.) Flamm is wrong on both counts.
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`Kadomura taught that changing processing temperature in less time than the
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`10
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`gas exchange period was possible (though not required) and beneficial because it
`
`avoided lowering throughput. (Ex. 1023 ¶¶29-30 (citing Ex. 1006); Ex. 1005,
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`5:18-26, 7:19-30.) Kadomura further described its temperature change times in
`
`approximate terms. (Paper 2 at 12, 29-30; Ex. 1023 ¶¶30-31 (citing Ex. 1006); Ex.
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`1005, 6:52-55 (“about 30 sec”), 10:11-13 (“about 50 sec”).) With that context, a
`
`15
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`skilled person would have been motivated to use Matsumura’s accurate
`
`preprogrammed recipe approach with Kadomura’s system. (Paper 2 at 33-34; Ex.
`
`1023 ¶¶30-31 (citing Ex. 1006).) As Flamm notes, temperature change time avoids
`
`a decrease in throughput only if that time is equal to or less than the gas exchange
`
`time. (Paper 13 at 8-9, 13.) A skilled person would have recognized that use of
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`20
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`Matsumura’s accurate preprogrammed recipe approach in combination with the
`
`-9-
`
`

`

`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
`Kadomura system would help ensure that condition is satisfied by preprogramming
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`an exact selected temperature change time equal to or less than the gas exchange
`
`time. (Paper 2 at 33-34; Ex. 1023 ¶¶31, 35-36 (citing Ex. 1006).)
`
`Flamm also argues that even if temperature change time were longer than
`
`5
`
`gas exchange time, a skilled person would have shortened temperature change time
`
`instead of using Matsumura’s predetermined recipe approach. (Paper 13 at 9-10;
`
`Ex. 2001 ¶13.) Flamm then argues that Dr. Bravman did not explain how the
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`combination of Kadomura and Matsumura would have increased throughput or
`
`why ensuring an exact temperature change time would have been beneficial.
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`10
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`(Paper 13 at 10-11.) The record contradicts those arguments. Petitioners and Dr.
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`Bravman explained that using a predetermined temperature change time (as taught
`
`in Matsumura) would have ensured that the temperature change time in Kadomura
`
`did not exceed gas exchange time, thus avoiding decreased throughput. (Paper 2 at
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`33-34; Ex. 1023 ¶¶31, 36-37 (citing Ex. 1006).) And contrary to Flamm’s
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`15
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`representation (Paper 13 at 11), the Petition relied on Dr. Bravman’s explanation of
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`the throughput benefit. (Paper 2 at 33 (citing Ex. 1006 ¶¶131-135).)
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`Flamm asserts that Petitioners and Dr. Bravman’s additional motivations to
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`combine Kadomura and Matsumura (relating to control, efficiency, accuracy,
`
`predictability, and reliability) are conclusory and not linked to the use of
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`20
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`predetermined recipes. (Paper 13 at 11-13, 15-16.) The record shows otherwise.
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`-10-
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`

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`(Paper 2 at 33-34; Ex. 1023 ¶¶18, 27, 33-41 (citing Ex. 1006).) Tellingly, Flamm
`
`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
`
`does not mention, let alone contest, Dr. Bravman’s supporting testimony for any of
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`these motivations. (Paper 13 at 11-12.) Instead, Flamm briefly addresses just
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`three motivations: accuracy, control, and reliability. (Id. at 15-17.)
`
`5
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`Flamm first asserts that Petitioners do not explain why using Matsumura’s
`
`recipe approach would have improved accuracy, noting that Kadomura describes
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`fine temperature control. (Id. at 15-16.) As Petitioners explained, however,
`
`Matsumura’s recipe approach would have increased accuracy by allowing a
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`chipmaker to input preprogrammed processing times and temperature change times
`
`10
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`(in addition to processing temperatures) for Kadomura’s processes. (Paper 2 at 33;
`
`Ex. 1023 ¶¶33-34 (citing Ex. 1006).) That approach would have improved
`
`Kadomura by accurately controlling temperature change times based on precise
`
`preprogrammed values, not approximate ones. (Ex. 1023 ¶33 (citing Ex. 1006).)
`
`Matsumura itself described that its techniques resulted in better accuracy. (Ex.
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`15
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`1003, 10:22-29.)
`
`Flamm criticizes Petitioners’ control and reliability motivations as
`
`conclusory. (Paper 13 at 16-17.) But Flamm does not substantively address the
`
`explanations provided in the Petition or Dr. Bravman’s declaration relating to those
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`motivations. (Paper 2 at 33-34; Ex. 1023 ¶¶34-35, 39-41 (citing Ex. 1006).) Dr.
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`20
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`Bravman explained that using Matsumura’s preprogrammed recipe approach, as
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`-11-
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`

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`was standard in the industry, would have allowed tight control of process
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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`parameters such as processing temperatures. (Ex. 1006 ¶¶129-131, 134-135.) Dr.
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`Bravman further described that Matsumura’s techniques would have increased
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`reliability by programming process recipes to occur with selected characteristics,
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`5
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`including processing temperatures and time periods. (Id. ¶¶129-131, 133-135.)
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`Flamm further asserts that Matsumura’s disclosure about increased accuracy,
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`control, and reliability is not relevant because it relates to thermal history curves,
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`not predetermined recipes. (Paper 13 at 16-17.) Matsumura explains, however,
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`that a recipe is a reproduction of a thermal history curve: “A recipe shown in Fig.
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`10
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`9 is inputted into the PID controller 203 by the keyboard 20a. Points P10 to P19
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`are set in the recipe so as to surely reproduce the thermal history curve of the
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`wafer W.” (Ex. 1003, 8:56-59 (emphasis added); Ex. 1023 ¶40 (citing Ex. 1006).)
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`And Flamm recognizes elsewhere that Matsumura’s techniques for “controlling
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`heating and cooling” “improved quality and reproducibility.” (Paper 13 at 6; Ex.
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`15
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`2001 ¶11.)
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`Flamm mischaracterizes Kadomura and Matsumura
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`C.
`In trying to undermine the combination of Kadomura and Matsumura,
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`Flamm describes those two references in ways that are inaccurate or incomplete.
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`-12-
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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`1. Kadomura
`Flamm argues there would have been no benefit to using preselected time
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`intervals/periods for temperature changes. (Paper 13 at 3-6.) As discussed above
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`(at 9-10), that argument rests on a faulty assumption. A skilled person would have
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`5
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`used Matsumura’s preprogrammed recipe approach to help ensure that the
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`temperature change was accomplished within the gas exchange time. (Paper 2 at
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`33-34; Ex. 1023 ¶¶30-36 (citing Ex. 1006).)
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`Flamm further describes Kadomura as relating to a “cryogenic etching
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`process” that is allegedly different from the above-room-temperature processing
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`10
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`disclosed in Matsumura. (Paper 13 at 3-5; Ex. 2001 ¶10.) But, like Matsumura,
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`Kadomura discloses processing temperatures at and above room temperature, such
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`as 20ºC and 50ºC, well above temperatures that could even arguably be considered
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`“cryogenic.” (Ex. 1005, 6:5-29,10:17-27; Ex. 1003, Fig. 9; Ex. 1023 ¶¶8-9, 11.)
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`Accordingly, it is not accurate to suggest that Kadomura is confined to “cryogenic”
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`15
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`etching. (Ex. 1023 ¶11.)
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`Flamm also characterizes the objectives of Kadomura’s etching as focused
`
`on attaining high accuracy and fine fabrication and applying low temperature
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`etching. (Paper 13 at 4-5.) Flamm concedes in passing elsewhere, however, that
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`Kadomura, like the rest of the semiconductor industry, was “concerned about
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`20
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`throughput.” (Id. at 10.) Indeed, Kadomura repeatedly emphasizes the importance
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`-13-
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`

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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
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`of throughput. (Ex. 1005, 4:46-54, 5:18-26, 7:19-30, 9:16-20, 10:36-41; Paper 2 at
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`26, 39-40; Ex. 1023 ¶¶12-13, 29-30 (citing Ex. 1006).) That emphasis on
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`throughput supports Petitioners’ proposed combination of Kadomura and
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`Matsumura.
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`5
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`Flamm also argues that Kadomura “teaches away” from the ’264 patent
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`because Kadomura’s temperature change times (e.g., “about 30 sec”) are
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`“relatively long” as compared to those of “several seconds” in the patent. (Paper
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`13 at 5.) That difference is irrelevant because neither claim 27 nor claim 51
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`requires any particular length of time for a temperature change. (Ex. 1023 ¶14.)
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`10
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`Moreover, Flamm misuses the phrase “teaching away,” which has a specific
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`meaning in patent law. The phrase applies when a prior art reference discredits,
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`criticizes, or otherwise discourages investigation into the alleged invention.
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`Meiresonne v. Google, Inc., 849 F.3d 1379, 1382 (Fed. Cir. 2017) (citation and
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`quotation marks omitted). That concept has no application here because nothing in
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`15
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`Kadomura discredits, criticizes, or discourages changing temperature in a
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`“preselected time [interval/period].” To the contrary, Kadomura reinforces that
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`specific temperature change times would have been beneficial to avoid lowering
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`throughput. (Paper 2 at 33-34; Ex. 1023 ¶¶12-13, 29-31 (citing Ex. 1006); Ex.
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`1005, 5:18-26, 7:19-30.)
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`-14-
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`

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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`2. Matsumura
`In trying to distinguish Matsumura from Kadomura and the ’264 patent,
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`Flamm argues the reference “does not teach anything about etching.” (Paper 13 at
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`6.) Matsumura expressly refutes that position. (Ex. 1003, 10:3-7; Ex. 1023 ¶¶15-
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`5
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`17 (citing Ex. 1006).) A skilled person would have known how to apply
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`Matsumura’s process control and recipe techniques in an etching process. (Ex.
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`1023 ¶¶18-20.) A skilled person would have looked to Matsumura because it
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`provided a detailed example of how to apply those techniques. (Id. ¶17-18, 38.) In
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`contrast, Flamm never provides any reasoning for why a skilled person would not
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`10
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`have used Matsumura’s techniques in plasma etching.
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`Flamm also suggests that Matsumura disclosed only “a single predetermined
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`temperature.” (Paper 13 at 7.) That is incorrect. The embodiment reflected in
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`Figure 9 below shows two different preselected processing temperatures in that
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`recipe: 90ºC and 140ºC. (Ex. 1003, Fig. 9; Ex. 1023 ¶21.)
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`-15-
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`

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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
`
`
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`As with Kadomura, Flamm argues that Matsumura “teaches away from the
`
`invention” of the ’264 patent. As support for that argument, Flamm notes that
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`Matsumura describes adhesion and baking processes. (Paper 13 at 6-7.) But
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`5
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`Flamm has not identified any teachings in Matsumura that discredit, criticize, or
`
`discourage the alleged invention of claims 27 or 51 or the “preselected time
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`[interval/period]” limitation at issue. Meiresonne, 849 F.3d at 1382. In fact, as
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`noted above (at 3-4), Matsumura taught changing temperature within a preselected
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`time interval/period.
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`10
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`III. Combinations based on Kikuchi and Matsumura also rendered claims
`27-36, 51-55, 66, and 68-69 obvious
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`Petitioners and Dr. Bravman explained how Kikuchi and Matsumura
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`(together with Muller in some cases) rendered claims 27-36, 51-55, 66, and 68-69
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`unpatentable as obvious. (Paper 2 at 59-91; Ex. 1023 ¶43 (citing Ex. 1006).)
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`-16-
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`

`

`Flamm asserts that Kikuchi and Matsumura fail to disclose two limitations from
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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`independent claim 27 and that Petitioners have not identified any motivation to
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`combine Kikuchi and Matsumura. (Paper 13 at 19-22.) Flamm does not dispute
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`that the Kikuchi-based prior art combinations disclosed all limitations of claim 27
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`5
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`not addressed in his Response and all limitations of claim 51.
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`A. Kikuchi and Matsumura disclosed each element of claim 27
`Petitioners and Dr. Bravman described in detail that the combination of
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`Kikuchi and Matsumura taught each limitation of independent claim 27. (Paper 2
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`at 59-71; Ex. 1006 ¶¶212-230.) Flamm disagrees, however, arguing that neither
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`10
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`Kikuchi nor Matsumura disclosed claim 27, limitation [a] (“heating a substrate
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`holder to a first substrate holder temperature with a heat transfer device, the
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`substrate holder having at least one temperature sensing unit”) and limitation [e]
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`(“using a measured substrate temperature” and “preselected time interval for
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`processing”). Kikuchi and Matsumura disclosed these limitations or rendered them
`
`15
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`obvious.
`
`1. Kikuchi and Matsumura taught claim 27, limitation [a]
`Flamm first argues that Kikuchi and Matsumura do not disclose claim 27,
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`limitation [a] because one embodiment of Kikuchi taught using pins to hold a
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`wafer during a first processing step instead of placing the wafer directly on a hot
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`20
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`plate substrate holder. (Paper 13 at 19-20.) But Flamm once again ignores what
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`-17-
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`

`

`combined references (here, Kikuchi and Matsumura) teach and interprets Kikuchi
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`PTAB Case No. IPR2017-00280, Patent No. RE40,264 E
`Petitioners’ Reply to Patent Owner’s Response
`
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`and the claim language too narrowly. Kikuchi disclosed this limitation and
`
`rendered it obvious, in combination with Matsumura or on its own.
`
`Flamm does not address Petitioner’s combination of Kikuchi with
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`5
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`Matsumura and has therefore waived any opposition to that combination. (Paper
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`10 at 4.) A skilled person would have replaced Kikuchi’s hot plate with
`
`Matsumura’s wafer stage and