PTAB

IPR2014-00923

Intel Corp v. Zond LLC

Key Events

Petition

petition Intelligence

Title: High-Density Plasma Source Using Excited Atoms
Brief Description: The ’652 patent describes a high-density plasma source that operates in two distinct stages. A first stage, using a first power supply, generates an initial plasma and excited atoms from a feed gas. These products are then transported to a separate second stage where a second power supply "super-ionizes" them to create a final, high-density plasma.

Prior Art Relied Upon: Mozgrin (a 1995 journal article on high-current plasma discharge), Kudryavtsev (a 1983 journal article on ionization relaxation in plasma), and Fahey (a 1980 journal article on a high-flux beam source of metastable atoms).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued this combination taught all limitations of claim 35. Mozgrin allegedly disclosed the core high-density plasma source and the "means for super-ionizing" by teaching system parameters sufficient to achieve over 75% ionization. Fahey was asserted to teach a structurally analogous excited atom source that meets the "means for generating" an initial plasma and "means for transporting" it. Kudryavtsev provided the underlying scientific basis for multi-step ionization using excited atoms to achieve an explosive increase in plasma density, a teaching Petitioner noted Mozgrin explicitly incorporated.
- Motivation to Combine: A POSITA would combine Fahey's excited atom source with Mozgrin's plasma chamber because Mozgrin and Kudryavtsev taught the desirability of using excited atoms to achieve higher plasma densities. Fahey provided a known and suitable source for such atoms, making the combination a logical step to improve the performance of Mozgrin's system.
- Expectation of Success: Petitioner asserted the combination would have a predictable result of increasing plasma density, as taught by the references.

Prior Art Relied Upon: Mozgrin (a 1995 journal article) and Iwamura (Patent 5,753,886).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner asserted that Mozgrin taught the final-stage "means for super-ionizing" the plasma to a high density. Iwamura was alleged to teach the initial-stage limitations, disclosing a plasma treatment device with a "pre-excitation unit" that generates an initial plasma with excited atoms. This system fulfilled the "means for generating" and "means for transporting" functions.
- Motivation to Combine: A POSITA would combine Iwamura's pre-excitation system with Mozgrin's high-density plasma source. Both references taught the desirability of pre-ionization to create a more stable and higher-density final plasma. Therefore, using Iwamura's pre-activation method as a front-end for Mozgrin's high-power system represented a predictable path to an improved device.
- Expectation of Success: The combination would predictably result in a more stable plasma that could achieve higher density without arcing, achieving goals disclosed in both references.
Additional Grounds: Petitioner asserted additional obviousness challenges, including a combination of Mozgrin, Kudryavtsev, Fahey, and Iwamura (arguing Iwamura provides redundant or additional motivation) and a combination of Mozgrin, Iwamura, and Fahey (arguing Fahey's excited atom source is an obvious substitute for Iwamura's pre-excitation unit).

Petitioner contended that the three primary limitations of claim 35 are means-plus-function limitations governed by 35 U.S.C. §112, ¶ 6, and proposed the following constructions:
- "means for generating an initial plasma and excited atoms...": The function is generating both an initial plasma and excited atoms from a feed gas. The corresponding structure in the ’652 patent is either an excited atom source (as shown in Fig. 12) or a defined gap structure between a cathode and anode powered by a distinct first power supply.
- "means for transporting the initial plasma and excited atoms...": The function is moving the initial plasma from its generation point to a separate cathode assembly. The corresponding structure is a gas exchange system that creates a gas flow through the device.
- "means for super-ionizing the initial plasma...": The function is converting at least 75% of the neutral atoms in the initial plasma into ions. The corresponding structure is a second, separate power supply that generates an electric field across an inner cathode and anode, distinct from the components of the generating means.

A central technical argument was that Mozgrin's disclosure implicitly met the "super-ionizing" limitation. Petitioner contended that Mozgrin's reported parameters (ion density of 1.5x10¹⁵ ions/cm³ at 0.2 Torr) would lead a POSITA, by applying the ideal gas law, to calculate a neutral gas density of approximately 2.0x10¹⁵ atoms/cm³. This calculation demonstrated a 75% ionization fraction, thereby meeting the express definition of "super-ionized" provided in the ’652 patent’s specification.

Petitioner requests institution of an inter partes review (IPR) and cancellation of claim 35 of the ’652 patent as unpatentable under 35 U.S.C. §103.