Invalidity dossier
US 6242180
Added 9/26/2026, 8:28:37 AM
Active provider: DeepSeek · deepseek-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for authoritative information on this patent number.
Let me pull the patent record directly and check for any CAFC/litigation activity.
Let me retrieve the actual claim set for US 6,242,180 specifically.
US 6,242,180 B1 — Identification
Note on the identifier as given: "6242180" is interpreted literally as US Patent No. 6,242,180 B1 (Google Patents renders it "US6242180B1"). All findings below relate to that number only; no similar numbers (e.g., 6,242,185; 6,222,180) were substituted.
| Field | Value |
|---|---|
| Patent number | US 6,242,180 B1 |
| Title | Computer-aided visualization and analysis system for sequence evaluation |
| Inventor | Mark S. Chee (Palo Alto, CA) |
| Assignee | Affymetrix, Inc. (Santa Clara, CA) — original and current |
| Application no. | 09/158,765 |
| Filing date | 1998-09-23 |
| Issue/grant date | 2001-06-05 |
| Priority date | 1994-10-21 (Google Patents); 1994-10-20 (Unified Patents listing — minor discrepancy, not resolved) |
| Examiner | John S. Brusca, Ph.D. |
| Status | Expired – Lifetime (anticipated expiration 2014-10-21) |
| Government interest | DOE Contract No. FG03-92ER81275 |
| Example CPCs | C12Q1/6827, C12Q1/6874, G16B25/20, G16B30/20, B01J19/0046 |
| Family/related | Continuation practice tying to a 1994 filing; later continuations include US 6,607,887 B2 and US 2004/0175718 A1 |
| Claim count | Espacenet original-document record lists "59/59 Claims" |
Sources: Google Patents (https://patents.google.com/patent/US6242180/en), OSTI/DOE patent record 873772 (https://www.osti.gov/doepatents/biblio/873772), PubChem patent record US-6242180-B1 (https://pubchem.ncbi.nlm.nih.gov/patent/US-6242180-B1), Unified Patents portal (https://portal.unifiedpatents.com/patents/patent/US-6242180-B1).
Abstract (verbatim)
"A computer system (1) for analyzing nucleic acid sequences is provided. The computer system is used to perform multiple methods for determining unknown bases by analyzing the fluorescence intensities of hybridized nucleic acid probes. The results of individual experiments may be improved by processing nucleic acid sequences together. Comparative analysis of multiple experiments is also provided by displaying reference sequences in one area (814) and sample sequences in another area (816) on a display device (3)."
USPTO / CAFC 2026 search results
- USPTO records: The authoritative bibliographic data above is consistent across Google Patents, OSTI/DOE, and PubChem. The patent is recorded as expired for failure to pay maintenance fees, with "Anticipated expiration" 2014-10-21 and a subsequent 2015-11-13 reassignment releasing a General Electric Capital Corporation security interest.
- CAFC 2026 dockets: I searched 2026 Federal Circuit material (scheduled-case lists, docketing notices, and Federal Circuit round-up publications) and found no 2026 CAFC appeal, oral argument, or decision captioned to US 6,242,180 or to Affymetrix involving this patent. I cannot rule out a docket entry that is not surfaced by public web search, so treat this as "not found," not as "confirmed none."
- Litigation flag: The Google Patents record carries a generic "Family has litigation / First worldwide family litigation filed" Darts-IP flag for the family. That flag does not identify a specific case, party, or year, and I did not find a named 2026 proceeding behind it. Given the patent expired in 2014, a live 2026 merits appeal on these claims is unlikely.
Plain-language overview of the independent claims — with explicit uncertainty
Important caveat: I was not able to retrieve the verbatim claim text of US 6,242,180 in this search pass. The claim text that surfaced in results belongs to the related but distinct continuation US 6,607,887 (method and computer-program-product claims directed to analyzing a probe intensity from an interrogation position "near the unknown base"), and I am deliberately not presenting that text as the claims of 6,242,180. What follows is a description of the subject matter the specification presents as the invention, which is very likely coextensive with the independent claims given the abstract, but should be verified against the granted claim set (column 1 of the printed patent) before being relied upon.
The specification expressly frames the disclosure as several distinct advances, and the 59-claim set most plausibly includes independent claims in these families:
Intensity-ratio base calling. A computer-implemented method/system that takes probe intensities from multiple nucleic acid probes that differ by a single base at an interrogation position, compares the intensities (highest versus next-highest, then successive ratios against a ratio cutoff), and calls the unknown base — assigning an IUPAC ambiguity code when discrimination is insufficient (FIGS. 9).
Reference-method base calling. A method/system that calls an unknown base by comparing the probe-intensity pattern of a sample sequence against the corresponding probe intensities of a reference sequence run on the same chip wild-type, flagging significant changes as candidate mutations; a second implementation additionally analyzes neighboring probe positions (ratio-of-ratios and normalized-difference cutoffs) to improve accuracy (FIGS. 10A–11D).
Statistical base calling. A method/system that calls an unknown base by comparing sample probe intensities against statistical distributions (means and standard deviations of normalized wild-type and "other" base ratios) computed across multiple reference experiments (FIG. 12).
Pooled/multiplexed processing. A method in which a reference nucleic acid and a sample nucleic acid are labeled with distinguishable markers (e.g., fluorescein vs. rhodamine or biotin/phycoerythrin), combined, fragmented, co-hybridized to the same array, and scanned at the two wavelengths, thereby reducing experiment-to-experiment variation (FIG. 13).
Dark-region ("bubble") mutation identification. A method of locating mutations and rejecting false positives by using hybridization data from more than one base position: identifying a region where wild-type probe intensity differs between sample and reference, comparing the width of that region to the probe length to classify it as a single mutation (width ≈ probe length), no mutation (width substantially less), or multiple mutations (width greater than probe length), then applying base calling at the positions predicted from the interrogation position within the probe (FIGS. 14A–15).
Comparative visualization. A computer-implemented method/system for displaying reference sequences in one display area and sample sequences in another, with linking of sequences, navigation, editing/verification, and per-base intensity graph windows for side-by-side comparison across experiments (FIGS. 16–18).
Whether these map one-to-one onto six independent claims, or are consolidated into fewer independent claims with dependent claims covering the variations (e.g., the "computer program product ... computer readable medium" form, which the specification explicitly contemplates), I cannot confirm without the granted claim text. If you need claim-by-claim fidelity, the authoritative source is the printed patent's claims (column starting at approximately line 1 of the claims section) or the USPTO PatentCenter/Patent Public Search record for application 09/158,765.
Generated 9/27/2026, 9:23:25 PM
Cases on file (0)
Specific litigation cases in our database that name US patent 6242180. The free-form analysis below may also discuss cases beyond this list.
No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US Patent 6242180. Let me run several targeted searches.
Initial searches returned mostly look-alike patents (Kodak's 6,292,218, Masimo's RE47,218). Let me dig deeper with more specific queries.
Let me search litigation-specific databases and the patent's family litigation record.
Summary of Findings — U.S. Patent No. 6,242,180
Caveat up front: I was unable to complete the full set of searches I intended (Unified Patents litigation caselist, PACER, and CAFC dockets) because I hit my tool-use limit mid-research. The results below reflect what I could actually retrieve and verify. I could not identify any specific, named litigation asserting U.S. Patent No. 6,242,180.
The patent itself (verified, literal)
- Patent number: US 6,242,180 B1 (interpreted literally as written — I did not treat this as 6,292,218 or any other number)
- Title: "Computer-aided visualization and analysis system for sequence evaluation"
- Inventor: Mark S. Chee
- Assignee: Affymetrix, Inc. (original and current)
- Application No.: 09/158,765
- Priority date: 1994-10-21; Filed: 1998-09-23; Granted: 2001-06-05
- Status: Expired – Lifetime (anticipated expiration ~2014-10-21)
- Sources: Google Patents, Unified Patents portal, OSTI
Litigation results
No case specifically naming US 6,242,180 was found in the sources I reached. I want to be explicit rather than fabricate:
| Field | Result |
|---|---|
| Plaintiff(s) | Not found |
| Defendant(s) | Not found |
| Jurisdiction | Not found |
| Case number | Not found |
| Filing date | Not found |
| Outcome/status | Not found |
One relevant flag — "Family has litigation"
The Google Patents record for US 6,242,180 carries a "Family has litigation" indicator linking to a Darts-IP record (https://patents.darts-ip.com/?family=23276902). This flag relates to the patent family, not necessarily to the '180 patent individually, and the Darts-IP detail page was not retrievable in my searches. Treat this as a lead requiring a direct Darts-IP/Docket Navigator/PACER lookup, not as confirmed litigation against the '180 patent itself.
Context: Affymetrix's litigation campaigns (patents actually named in results)
Affymetrix was an active litigant, but the cases I found named other patents — none confirmed to include 6,242,180:
- Affymetrix v. Synteni/Incyte (D. Del., 1998; later transferred to N.D. Cal.). Asserted U.S. Pat. Nos. 5,445,934; 5,744,305/5,744,308; 5,800,992; 5,871,928; 6,040,193. Settled Dec. 21, 2001 with cross-licenses. (Incyte press release)
- Affymetrix v. Illumina (D. Del., filed July 26, 2004; six patents, five after withdrawal; jury found infringement Mar. 13, 2007; ~$16.7M; multi-phase trial). Patents not enumerated in the sources retrieved. (Illumina 10-K)
- Illumina v. Affymetrix / interference appeal (Agilent) — N.D. Cal. No. C 06-05958 JW, a §146 appeal from Interference No. 105,285 (Schembri patent, 6,513,968). Not the '180 patent. (Justia PDF)
- Affymetrix v. PE Corp. — inequitable conduct/unenforceability dispute; patents not the '180. (Casetext)
- OXG/OGT v. Affymetrix — UK/US patent disputes (2000); not the '180 patent.
Look-alike patents encountered (explicitly NOT 6,242,180)
Per your strict rule, I am flagging these so they are not mistaken for the patent at issue:
- US 6,292,218 (Kodak) — digital camera preview; ITC/Apple/RIM litigation. This is a different patent and appears frequently in searches.
- US RE47,218 (Masimo) — asserted in Masimo v. Sotera Wireless, No. 3:19-cv-01100-BAS-NLS (S.D. Cal.).
Recommended next steps to confirm/deny litigation
- Search Unified Patents litigation caselist and Docket Navigator directly for "6,242,180."
- Query PACER for "6:242,180" and CourtListener RECAP.
- Check the Darts-IP family 23276902 record linked from Google Patents.
- Cross-check Affymetrix's SEC 10-K litigation disclosures for the relevant years (2004–2008) to see whether the '180 was among the six Illumina patents.
Bottom line: Based on what I could retrieve, I have no confirmed litigation naming U.S. Patent No. 6,242,180. The patent family carries a litigation flag, so litigation involving family members likely exists, but I could not verify any case asserting the '180 patent itself, and I will not speculate beyond the record.
Generated 9/27/2026, 9:23:32 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
I'll verify the ODP "no proceedings" result against public sources before writing anything up.
Let me probe a few more angles, including the Unified Patents portal entry and any Federal Circuit activity.
PTAB / AIA Trial Landscape — U.S. Patent No. 6,242,180
Patent: U.S. 6,242,180 B1 — "Computer-aided visualization and analysis system for sequence evaluation"
Inventor: Mark S. Chee | Assignee of record: Affymetrix, Inc.
Application: 09/158,765 | Filed: 1998-09-23 | Priority: 1994-10-21 | Granted: 2001-06-05
Status per source: Expired – Lifetime; anticipated expiration 2014-10-21
Proceedings overview
Total AIA trial proceedings on file: 0. The structured "PTAB proceedings on file" block (USPTO Open Data Portal, most recent ingest) returns no IPR, PGR, or CBM proceeding for U.S. 6,242,180 — zero active, zero with claims invalidated, zero with claims sustained, zero settled, zero institution-denied. I ran eight independent web searches to look for un-indexed or older proceedings (patent number alone; patent number + IPR/PTAB; title + IPR; petitioner-side terms; Federal Circuit; Affymetrix enforcement history; Unified Patents portal; Docket Alarm) and found no evidence of any petition ever being filed against this patent. The defensive bottom line is therefore not "hardened by surviving IPRs" and not "claims canceled by the Board" — it is something stronger and simpler: the patent's term ended on or about 2014-10-21, so there is no live patent to assert. Any demand letter citing US 6,242,180 today is either a mistake or is trading on the fact that the recipient won't check the expiration date. See the caveats in the final section on what I could and could not verify.
Proceedings
None. There is no proceeding to report, and I will not invent a proceeding number, panel, or FWD to fill this section. Specifically:
- No IPR petition (available for patents filed/issued in relevant part from 2012-09-16 onward) appears in any public source I searched.
- No PGR — this patent's effective filing date (1994-10-21 priority; 1998-09-23 filing) predates the 2013-03-16 PGR cutoff by nearly two decades, so PGR was never available.
- No CBM review — CBM (2012–2020) was limited to patents claiming a financial product/service or a covered business method; a bioinformatics/sequence-analysis patent of this vintage would not have qualified.
- No Federal Circuit appeal of any PTAB decision on this patent, because there was no PTAB decision.
Identifiers/adjacent matters that are NOT proceedings on this patent — flagged because they are easy to conflate and I want to be explicit that I am not counting them:
- US 6,992,180 (Enzo Life Sciences) and US 7,064,197 (Enzo) are different patents from a different family; they appear in the D. Del. litigation and the Enzo/Life Technologies license (e.g., Affymetrix as defendant, D. Del. op. in C.A. 12-104). The "'180 patent" shorthand in those documents refers to 6,992,180, not 6,242,180.
- EPO opposition T 1509/09 (Affymetrix, EP 0 853 679, "Expression monitoring by hybridization to high density oligonucleotide arrays") was a European opposition decided 2012-07-05 involving Agilent, CombiMatrix, Clondiag, and Illumina. European forum, different patent — irrelevant to US PTAB but sometimes cited in blog summaries of "Affymetrix patent challenges."
- The Google Patents family record for US 6,242,180 carries a "Family has litigation" indicator (Darts-IP family 23276902). That is a family-level flag; it is not evidence of any AIA trial on this patent, and Google Patents shows no US litigation or PTAB tab content for the patent itself.
Strategic summary
Claim status: all claims UNTESTED at the PTAB — but moot. No claim of 6,242,180 has ever been canceled, narrowed, or confirmed by the Board. The patent was never amended in an AIA trial, so the claims stand exactly as granted in 2001: unadjudicated and, from a practical standpoint, unassertable. The controlling fact is the term. Under the Google Patents and Unified Patents records, the patent expired on/around 2014-10-21 (twenty years from the 1994-10-21 priority date; Unified lists 2014-10-20, Google lists 2014-10-21 — the one-day spread is a listing artifact, not a substantive dispute). Google's "Expired – Lifetime" designation (as opposed to "Expired – Fee Related") indicates expiration by operation of term rather than a maintenance-fee lapse. That means there is no ongoing infringement to enjoin and, under 35 U.S.C. § 286, damages are limited to infringement occurring within six years before a complaint is filed. A suit filed now could reach, at most, acts on or before 2014-10-21 — a shrinking and largely time-barred window.
Estoppel landscape: no § 315(e)(2) estoppel exists, because no IPR reached a final written decision. That cuts against a defendant in the narrow sense that the patent owner also bears no adverse Board findings — but it is academic. There is no petitioner whose § 315(e)(2) estoppel could bind anyone, and there is no privity chain to trace. If you needed to invalidate the claims (for example, to defeat a retrospective royalty theory or to clear a cloud on a contract), every prior-art ground remains available: § 102 and § 103 over patents and printed publications, plus § 101 and § 112 challenges that an IPR could never have reached. Note, though, that a district court invalidity defense to an expired patent still requires Article III standing to seek a declaratory judgment of invalidity — a real procedural hurdle if there is no reasonable apprehension of suit.
Pattern signals: none, and structurally there could not be many. There is no repeat petitioner, no Unified Patents-funded challenge campaign, and no patent-owner appellate history on this patent. Affymetrix's actual enforcement era against Illumina (D. Del., filed 2004-07-26; jury verdict of infringement 2007-03-13; ~$16.7M retroactive royalty; later settlement/licensing) predated the IPR regime entirely — IPRs only became available 2012-09-16, and this patent expired roughly two years later. So the absence of IPR activity here is not the weak "well-asserted patents eventually attract IPRs" signal from the standard playbook; it is a function of timing (enforcement predating the AIA) plus an imminent term expiry that removed any petitioner's incentive. Anyone who tells you "no IPRs means the patent is a survivor, so pay" has the inference exactly backwards here.
Recommended next steps
- If you have received a demand letter citing US 6,242,180: do not file an IPR — there is nothing to institute against. Instead, verify the expiration and put the sender on notice in writing. Cite the Google Patents legal-status field ("Expired – Lifetime"; anticipated expiration 2014-10-21, https://patents.google.com/patent/US6242180/en) and the Unified Patents record listing Expiration Date 2014-10-20 (https://portal.unifiedpatents.com/patents/patent/US-6242180-B1). Under 35 U.S.C. § 286, pre-suit damages are limited to the six years before filing, and here the entire enforceable period ended in 2014. A letter asserting this patent against post-2014 conduct is a candidate for fee-shifting under § 285 and, depending on the state, a state-law unfair-competition claim.
- Check the family, not just this patent. Google Patents shows continuations claiming priority to this patent's chain, including US 6,607,887 B2 (from application 09/796,071) and US 2004/0175718 A1 (from 10/616,228), plus the parent US 5,974,164. Any continuation claiming the same 1994-10-21 priority shares the same expiration date, so the whole family's core is expired — but confirm each member's term and any terminal disclaimers independently before you rely on it. I have not verified the claim-by-claim priority chains of those family members.
- If a live claim is asserted against you from another Affymetrix/Thermo Fisher patent: treat this patent as background art and licensing-context only. Affymetrix was acquired by Thermo Fisher Scientific (2016); the Google Patents "current assignee" field still lists Affymetrix, Inc., and there is a recorded 2015 release of a GE Capital security interest against Affymetrix, Inc. Confirm current ownership of record via the USPTO Assignment database (https://assignment.uspto.gov) rather than relying on patent databases, which lag.
- Verify the null result yourself before you rely on it in a filing. My search was thorough but bounded. The authoritative negative comes from the ODP block supplied in the prompt; I could not directly render PTAB E2E (https://ptab.uspto.gov) or Docket Alarm result pages inside this task, and my Docket Alarm / targeted PTAB queries returned no results rather than a clean "zero hits" page. A five-minute confirmation on PTAB E2E by patent number, and on CourtListener (https://www.courtlistener.com) by "6242180," will close the residual gap. If either surfaces a proceeding I did not find, the estoppel and claim-status analysis above would need to be rerun — but nothing I found suggests one exists.
Confidence: High that no AIA trial proceeding has ever been filed against US 6,242,180 (consistent ODP data plus eight negative web searches across multiple independent databases). High that the patent's term expired in October 2014 based on two independent listings. Moderate on the exact expiration date (2014-10-20 vs. 2014-10-21 — a one-day discrepancy between sources) and on the current ownership of record, which I did not verify in the assignment database.
Generated 9/27/2026, 9:23:54 PM
Ownership chain (3)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
1998-09-28 · recorded 1999-09-08 · reel 010215/0164 · Merger
Affymetrix, Inc., a California corporationAffymetrix, Inc., a Delaware corporation
internal reorg
2012-06-25 · recorded 2012-06-27 · reel 028465/0541 · Security Agreement
Affymetrix, Inc.General Electric Capital Corporation, as Agent
securitization
2015-10-28 · recorded 2015-11-13 · reel 037109/0132 · Release
General Electric Capital Corporation, as AgentAffymetrix, Inc.
securitization
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
Assignment & Ownership Chain — US 6,242,180 B1
Scope note. Building on the identification section above: this patent is expired (anticipated expiration 2014-10-21), the owner of record never changed away from the Affymetrix entity, and the earlier CAFC/PEDS pass found no 2026 appeal. This section therefore reconstructs the (short) recorded chain and tests it against the NPE rubric. One methodological caveat up front: USPTO Assignment Center is a JavaScript application and returned no crawlable record text to web search, so reel/frame and correspondent data below were verified on sibling Affymetrix patents recorded on the identical event dates and cross-matched to the Google Patents legal-events table for 6,242,180. Where I infer rather than read the record directly, I say so.
Inventors
| Inventor | Address of record | Employer at filing | Notes |
|---|---|---|---|
| Mark S. Chee (sole named inventor) | Palo Alto, CA | Affymetrix, Inc. (Santa Clara, CA) | Sole inventor on all 59 claims; no co-inventor to cross-check departure patterns against. |
Unusual pattern — flagged. The application that issued as 6,242,180 was filed 1998-09-23, and Chee is widely credited with co-founding Illumina, Inc. in 1998 (with David Walt, Larry Bock, John Stuelpnagel and Anthony Czarnik) — i.e., the sole inventor appears to have left the original assignee in the same window as the filing. Two important qualifications:
- This is not evidence of a portfolio fire-sale here. Under the 1994 priority date the invention was already Affymetrix's; the continuation filing was prosecuted and issued to Affymetrix in 2001, and Affymetrix continued to own it through expiration. A departing-inventor pattern is only a fire-sale precursor when the original assignee subsequently dumps the portfolio — which did not happen (see below).
- The co-founding-of-Illumina point comes from general knowledge, not from the assignment record or the patent front page. Treat it as context, not as a citation.
No inventor→company assignment instrument for the 1994 priority application appears in the 6,242,180 record; the applicant of record was Affymetrix itself, consistent with a pre-existing employment/assignment obligation.
Original assignee
| Field | Value |
|---|---|
| Entity on the issued patent | Affymetrix, Inc. — originally Affymetrix, Inc., a California corporation; post-1999 merger, Affymetrix, Inc., a Delaware corporation (Santa Clara, CA) |
| Primary line of business | Life-science tools — DNA probe arrays ("GeneChip"), scanners, reagents, and analysis software |
| Did it ship products embodying the claims? | Yes. Affymetrix commercialized the GeneChip system; its first product, a 1994 HIV genotyping assay, predates this filing, and the specification's own figures (FIG. 19 HIV Pol, FIG. 20 HIV-1 protease clones, FIG. 21 ddI pre/post-treatment samples) are drawn from Affymetrix's shipped HIV/protease chip workflow. The claimed subject matter is the software analysis layer of that shipped system. |
| Current status | Not independent. Affymetrix remained an operating company until acquired by Thermo Fisher Scientific in 2016, now operating within Thermo Fisher's life-sciences segment. It never filed bankruptcy. Note that 6,242,180 had already expired in 2014, so it was not a live asset in the 2016 transaction. |
| Government interest | DOE Contract No. FG03-92ER81275 (Bayh–Dole; U.S. government retains a license). Not an ownership-transfer event. |
Google Patents still lists the current assignee as "Affymetrix Inc," which is consistent with there being no recorded post-expiration transfer to Thermo Fisher for this number.
Assignment timeline
Three substantive records exist. All are corporate-housekeeping or securitization events; none is a transfer to a third-party owner.
1998-09-28 (executed) / recorded 1999-09-08 — Reel 010215/0164 (reel/frame inferred — verified on sibling Affymetrix patent US 6,491,871, same event date)
- Conveyance: Merger (with survivorship) — recorded by the assignee itself, "MERGER (SEE DOCUMENT FOR DETAILS)"
- Assignor: Affymetrix, Inc., a California corporation
- Assignee: Affymetrix, Inc., a Delaware corporation
- Correspondent: Not retrieved (Assignment Center correspondent field not crawlable; see signal 3)
- Context: Internal reorg / corporate re-domestication — the pre-IPO California entity merged into the Delaware parent; no change in beneficial ownership.
2012-06-25 (executed) / recorded 2012-06-27 — Reel 028465/0541
- Conveyance: Security Agreement (collateral assignment of IP to secure a $100,000,000 credit facility)
- Assignor: Affymetrix, Inc., California/Delaware (record lists owner as Affymetrix, Inc., California)
- Assignee: General Electric Capital Corporation, as Agent (Bethesda, MD; c/o GE Healthcare Financial Services)
- Correspondent: Not retrieved
- Context: Securitization — pledged as collateral under the Affymetrix credit agreement dated 2012-06-25 (filed as an SEC exhibit) and the June 2012 indenture for the 4.00% Convertible Senior Notes due 2019. This is a lien, not a sale; Affymetrix retained title.
2015-10-28 (executed) / recorded 2015-11-13 — Reel 037109/0132
- Conveyance: Release by Secured Party
- Assignor: General Electric Capital Corporation, as Agent
- Assignee: Affymetrix, Inc.
- Correspondent: Not retrieved
- Context: Discharge of the 2012 lien on satisfaction/payoff — restores clean title to Affymetrix. (The release postdates the patent's 2014-10-21 expiration, so it is a portfolio-wide filing.)
Bottom line of the record: apart from the technical California→Delaware merger and a two-year collateral pledge to GE, US 6,242,180 never left Affymetrix. The chain terminates with title back at the operating company. There is no record of any assignment to an LLC, licensing vehicle, or aggregator.
Timeline diagram
timeline
title Ownership of US 6242180
1994 : Priority application filed
1998 : Application filed by Affymetrix California
1999 : Merged into Affymetrix Delaware
2001 : Patent issued to Affymetrix
2012 : Security interest pledged to GE Capital
2014 : Patent expires
2015 : GE security interest released
2016 : Affymetrix acquired by Thermo Fisher
(Event text deliberately kept short and punctuation-free per parser constraints; see the table above for exact dates and reel/frame.)
NPE / troll-pattern signals
| # | Signal | Call | Evidence |
|---|---|---|---|
| 1 | Shell-entity transfer | Not present | No assignment to any "IP / Holdings / Licensing / Ventures" entity exists in the record. The only assignee besides Affymetrix is General Electric Capital Corporation, as Agent — a commercial lender taking collateral (Reel 028465/0541), not a licensing vehicle, and it released its interest (Reel 037109/0132). No single-purpose Delaware/Texas LLC appears anywhere. |
| 2 | Known asserter in the chain | Not present | Neither the assignor nor either assignee matches any entity on the Acacia / Marathon / IV / IPNav / Wi-LAN / Conversant / Vringo / Pendrell / Round Rock / Spangenberg lists, nor any Unified Patents or RPX high-frequency-plaintiff entry. The chain is Affymetrix → Affymetrix → GE Capital (lender) → Affymetrix. |
| 3 | Repeat correspondent across the chain | Unclear | The Assignment Center correspondent-of-record field could not be retrieved (dynamic page; note this is the exact field the task flags as the strongest tell). This is an evidence gap, not a negative finding. Practically, however, signals 1, 4 and 7 are all negative, so a recurring NPE-side correspondent is implausible here; the likely correspondents are Affymetrix in-house/outside IP counsel (merger record) and GE Capital's secured-party counsel (security/release records). Do not treat this as a finding — verified correspondent names are still needed from Assignment Center. |
| 4 | Cascading transfers (<24 months through chained LLCs) | Not present | Three events span 1999 → 2015 (17 years). The only two events within 24 months of each other are the 2012-06-27 pledge and the 2015-11-13 release (a 41-month loan cycle), and both are the same counterparty/agent. No chained-LLC pattern. |
| 5 | Pre-litigation transfer | Not present | No infringement suit naming US 6,242,180 was identified (consistent with the earlier CAFC/PEDS pass). The Google Patents Darts-IP flag reads only "family has litigation / first worldwide family litigation filed" — family-level, no case caption, party, or year — and is not tied to a transfer. The patent expired 2014-10-21, so no pre-suit window exists in the relevant period. |
| 6 | Bankruptcy fire-sale | Not present | Affymetrix never filed Chapter 7/11. No bankruptcy-sale conveyance appears; the 2012 GE instrument is an ordinary collateral pledge under a solvent borrower's credit facility, and it was released, not foreclosed. |
| 7 | Privateering | Not present | No operating-company→NPE transfer; no SEC filing or third-party report indicates Affymetrix asserted through a proxy. If anything the direction is the reverse of privateering: Affymetrix was itself the long-running plaintiff in the array patent wars during this period, holding title directly. |
| 8 | Defensive aggregator (anti-NPE) | Not present | Chain does not terminate at RPX, AST, LOT, Unified Patents, or OIN. It terminates at Affymetrix, Inc. (now a Thermo Fisher business). |
Verdict
Operating-company assertion.
Every recorded instrument on US 6,242,180 is an operating-company event: the 1998-09-28 / recorded 1999-09-08 California→Delaware merger (Reel 010215/0164), the 2012-06-25 / recorded 2012-06-27 collateral pledge to GE Capital as Agent (Reel 028465/0541), and the 2015-10-28 / recorded 2015-11-13 release of that pledge back to Affymetrix (Reel 037109/0132). The patent never left Affymetrix, expired in 2014, and shows zero of the eight NPE signals — so no NPE classification is supportable.
Caveats, stated plainly: (i) the "assertion" prong of this verdict is not established for this specific patent — I found no suit naming it, so read the label as "operating-company ownership, no NPE involvement," not as "this patent was enforced"; (ii) reel/frame numbers are verified on sibling Affymetrix filings on identical dates and inferred to apply here; (iii) the correspondent-of-record field was not retrievable, so signal 3 is an evidence gap rather than a clean negative — if you need it nailed down, pull the three recordings directly at the USPTO Assignment Center (search patent number 6242180): https://assignmentcenter.uspto.gov/ (mirror: https://assignment.uspto.gov/patent/index.html).
Generated 9/27/2026, 9:24:05 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll search for the USPTO record and citation data for US 6,242,180.
Now let me pull the authoritative "References Cited" list and the granted claims.
Let me obtain the front-page "References Cited" list from an independent full-text source.
Prior-Art Analysis for US 6,242,180 B1 — "Computer-aided visualization and analysis system for sequence evaluation"
0. Important corrections to the earlier section
Two things I have now been able to verify, one of which contradicts the previously generated summary:
(a) The granted claim text of US 6,242,180 is now available and it is not the "intensity ratio / reference / statistical" claim set. Two independent full-text mirrors reproduce the same claim 1 (Espacenet claims view for US6242180B1, and EveryPatent's reproduction of the printed patent):
1. A computer implemented method of calling unknown bases in a sample nucleic acid sequence, comprising: inputting a plurality of probe intensities, each probe intensity indicating hybridization affinity between a nucleic acid probe and the sample nucleic acid sequence; calling bases of the sample nucleic acid sequence according to the plurality of probe intensities; identifying a mutant base call that has indicated that a base at a position in the sample nucleic acid sequence is suspected as being a mutation; analyzing probe intensities of at least one position that is near the position of the suspected mutation; and changing the mutant base call to a nonmutant base call if the probe intensities of at least one position that is near the position of the suspected mutation are inconsistent with a mutation.
Claim 8 is the parallel computer-program-product claim; claim 10 is the parallel computer-system claim. This is the dark-region / "bubble" false-positive-removal family (FIGS. 14A–15 of the specification), not the intensity-ratio method (FIG. 9). The earlier section explicitly warned it could not retrieve the claim text and speculated the independent claims would cover the intensity-ratio/reference/statistical methods; that speculation should be treated as superseded. The prior-art relevance ranking below is therefore built on the verified claim 1/8/10 language.
Sources: https://pt.espacenet.com/publicationDetails/claims?CC=US&NR=[6242180B1](/patent/6242180B1)&KC=B1&FT=D&ND=10&date=20010605&DB=EPODOC ; http://www.everypatent.com/comp/pat6242180.html
(b) Claim count. The earlier section noted Espacenet's original-document record showing "59/59 Claims." I could retrieve claims 1–23 verbatim (with snippet truncation of claims 4, 12–15, 18–21). Claims 24–59 are not retrieved in this pass — so I cannot rule out further independent claims (e.g., directed to the visualization/comparative-display subject matter, which would change the prior-art mapping for the later claims).
(c) Small bibliographic discrepancy, unresolved. Unified Patents states application date 1998-09-22 / priority 1994-10-20 / grant 2001-06-04, while Google Patents and Espacenet state 1998-09-23 / 1994-10-21 / 2001-06-05. The 1-day discrepancy is carried forward, unreconciled.
Methodological caveat: I only have web search available, not a direct Patent Public Search / PatentCenter query session. I therefore reconstructed the "References Cited" list from the PubChem patent record for US-6242180-B1 (which mirrors USPTO front-page data), cross-checked against the count independently reported by Unified Patents. I could not open the printed front page itself.
1. The cited patent documents (52 references)
PubChem's citation record for US-6242180-B1 enumerates 52 patent documents; Unified Patents independently reports "Patent Art (52)." The counts agree, which corroborates the list. The PubChem record also tags each entry — (APP) = cited by applicant, (SEA) = cited in the examiner's search (only US-5,974,164-A carries the SEA tag in the visible excerpt).
Source: https://pubchem.ncbi.nlm.nih.gov/patent/US-6242180-B1 ; https://portal.unifiedpatents.com/patents/patent/US-6242180-B1
1A. Array synthesis / VLSIPS chemistry (the bulk of the "applicant" citations)
| Ref | Filing/pub. date | Description | §102 relevance to claims 1–23 |
|---|---|---|---|
| US 5,143,854 A (Fodor, Read, Pirrung, Stryer) | Issued 1992-09-01 (date confirmed via Espacenet: "US5143854 (A) ― 1992-09-01") | "Large scale photolithographic solid phase synthesis of polypeptides and receptor binding screening thereof" — the foundational VLSIPS light-directed array patent. Expressly cited and incorporated by reference in the spec ("the VLSIPS™ technology … See U.S. Pat. No. 5,143,854 and PCT patent publication Nos. WO 90/15070 and 92/10092, each of which is incorporated by reference"). | §102(a) art (pre-1994). Anticipates nothing in claims 1–23: it discloses array fabrication and receptor binding screening, not the step of re-calling a mutant base call as non-mutant based on neighbouring probe intensities. Relevant only to array-format limitations if such claims exist in 24–59. |
| US 5,445,934 A (Fodor et al.) | Issued 1995-08-29 | "Array of oligonucleotides on a solid substrate" — the Affymetrix oligonucleotide-array format patent. | Post-priority issuance → cannot be §102(a). Only §102(e) if its earliest US filing date predates 1994-10-21 (it descends from 1990-era applications — verify the filing chain). Discloses substrate-bound oligo arrays; anticipates no base-calling/re-call step. |
| US 5,384,261 A | Issued 1995-01-24 | VLSIPS with mechanically directed flow paths (Affymetrix). | Same §102(e)-only posture as US 5,445,934. Array-construction art; no base-calling logic. |
| US 5,288,514 A | Issued 1994-02-22 (medium confidence) | Solid-phase / combinatorial synthesis on a support (Ellman-type benzodiazepine chemistry). | §102(a) art. General combinatorial-synthesis background only; irrelevant to claims 1–23. |
| US 5,235,626 A; US 5,262,190 A; US 5,270,162 A; US 5,273,632 A; US 5,297,288 A; US 5,306,618 A; US 5,332,666 A | 1993–1994 issuances | Titles/subjects not verified in this pass — the number series and co-citation with the array-chemistry cluster indicate supporting synthetic/analytical chemistry art (linkers, supports, labelling, instrumentation). | §102(a) timing is plausible for most (1993–94 issuance implies pre-1994 filing), but I will not assert subject-matter relevance without verifying the texts. None is expected to disclose the claim 1 re-call step. |
1B. Sequencing by hybridization (SHB) — the most materially relevant cluster
These are the references that could arguably be §102 art against the front half of claim 1 (inputting probe intensities; calling bases from those intensities).
| Ref | Date | Description | §102 relevance |
|---|---|---|---|
| US 5,202,231 A (Drmanac & Crkvenjakov) | Issued 1993-04-13 (high confidence) | "Method of sequencing of genomes by hybridization of oligonucleotide probes" — reads a sequence from the pattern of hybridization of a probe set, with mismatch/error handling. | Best §102(a) candidate among the cited patents for the "inputting a plurality of probe intensities … calling bases" element. It does not, so far as I can determine, disclose the claim 1 limitation of changing an already-made mutant base call to a non-mutant call when nearby-position intensities are inconsistent with a mutation. So: potentially §102 as to the preamble/partial elements, not as to claim 1 as a whole. |
| WO 92/10588 A1; WO 92/20824 A1; WO 93/11262 A1; WO 93/18186 A1 | 1992–1993 publications | Array/oligonucleotide hybridisation and sequencing formats (titles not individually verified here). | §102(a) timing plausible (all pre-1994). Relevant at most to probe-array and hybridisation-format elements. |
| US 5,492,806 A; US 5,525,464 A; US 5,527,681 A; US 5,556,749 A; US 5,470,710 A; US 5,547,071 A | 1995–1996 issuances | SHB / immobilised-oligonucleotide and sequence-determination patents (Affymetrix, Hyseq, and related families). Titles unverified in this pass. | All post-date the 1994-10-21 priority date on their face → §102(a) unavailable; §102(e) only if the earliest US filing predates the applicant's invention date. Historically these were cited by the applicant as showing the state of the array-sequencing art. |
1C. Computer-graphics / image-processing / data-handling cluster (the 1980s US patents)
US 4,720,786; US 4,741,043; US 4,777,597; US 4,802,101; US 4,811,218; US 4,837,733; US 4,885,696; US 4,888,695; US 4,894,786; US 4,939,667; US 4,941,092; US 4,958,281; US 4,965,725; US 4,972,325; US 4,980,827; US 4,982,326; US 5,002,867 (17 references).
- Dates: all fall in the 1988–1991 issuance window (inferred from the number series). All are therefore comfortably pre-1994 and are §102(a)-(b) art.
- Descriptions: I could not verify the individual titles in this search pass, and I will not guess at them. The numerical clustering (sequential 4,7xx,xxx–5,00x,xxx issuances, all tagged "(APP)" i.e. applicant-cited) is the signature of a block citation of background art in computer graphics / image display / data-processing for analytical instruments — consistent with the patent's stated purpose of visualising hybridisation data (FIGS. 16–18: reference-sequence area 814, sample-sequence area 816, per-base intensity-graph windows).
- §102 relevance: these are the references that would matter if claims 24–59 (unretrieved) contain the comparative-visualisation claims. Against vacated claims 1/8/10 they are irrelevant — they contain no nucleic-acid hybridisation base-calling. Flagging explicitly: this block is the weakest-verified part of this analysis; obtain the front page (
(56) References Cited) or the Office Actions to get exact titles, dates, and the passages the examiner relied on.
1D. Later US patents cited
| Ref | Date | Description | §102 relevance |
|---|---|---|---|
| US 5,665,549 A | Issued 1997 (date not verified) | Instrumentation/detection art (title unverified). | Cannot be §102(a). At most §102(e), and only if US filing predates the 1994-10-21 priority. |
| US 5,727,098 A | Issued 1998 (date not verified) | Title unverified — likely image/data handling for arrays. | Same posture. |
| US 5,974,164 A | Issued 1999 (date not verified) | Title unverified; the only reference in the list tagged (SEA), i.e. located by the examiner rather than the applicant. | Cannot be §102(a). §102(e) only on an early filing date. The examiner's search tag makes it the most procedurally significant of the late references — worth pulling the file wrapper to see how it was used. |
1E. Foreign patent documents (15)
- WO 89/10977 A1; WO 90/01564 A1; WO 92/10092 A1; WO 92/10588 A1; WO 92/20824 A1; WO 93/11262 A1; WO 93/18186 A1; WO 94/11837 A1; WO 95/11995 A1; WO 95/35505 A1
- EP 0 514 927 A1; EP 0 549 388 A1; EP 0 631 635 A1; EP 0 671 694 A1
- FR 2 684 688 A1
Timing analysis (this matters): WO 92/10092 (published 1992-06-25) is the only one of these the specification itself identifies and incorporates by reference. The publications up to 1993 are potential §102(a) art. WO 95/11995 and WO 95/35505 (1995 publications) cannot be §102(a) art at all — they published after the 1994-10-21 priority date, and pre-AIA §102(e) did not reach PCT publications as such (only pre-2000 US national-stage filings). Their presence in the applicant's citation list is consistent with an IDS filed in the 1998 application disclosing the then-current art, not with reliance as prior art. Titles/dates for the WO and EP items are unverified in this pass.
2. Non-patent literature cited (Unified Patents reports 8; OSTI enumerates 6)
| NPL reference | Date | Description | §102 relevance |
|---|---|---|---|
| Fodor et al., "Light-directed, spatially addressable parallel chemical synthesis," Science, Vol. 251, No. 4995 | Feb 1991 | The VLSIPS proof-of-concept paper. | §102(b) printed publication. Array synthesis/readout; no base re-calling logic. |
| Southern, Maskos & Elder, "Analyzing and comparing nucleic acid sequences by hybridization to arrays of oligonucleotides: evaluation using experimental models," Genomics, Vol. 13, No. 4, pp. 1008–1017 | Aug 1992 | Comparative hybridisation analysis on oligo arrays, including mismatch behaviour. | §102(b). The closest NPL item to the "compare hybridisation between a reference and a sample" concept in the specification, but it does not disclose computer-implemented re-calling of a mutant call using neighbouring positions. |
| *Drmanac, Labat & Crkvenjakov, "An algorithm for the DNA sequence generation from k-tuple word contents of the minimal number of random fragments," J. Biomol. Struct. Dyn., Vol. 8, No. 5* | Apr 1991 | Algorithmic sequence reconstruction from hybridisation word content. | §102(b). Algorithmic base calling from hybridisation data — relevant to claim 1's "calling bases" element. |
| Strezoska, Paunesku, Radosavljevic et al., "DNA sequencing by hybridization: 100 bases read by a non-gel-based method," PNAS, Vol. 88, No. 22 | Nov 1991 | Experimental SHB demonstration. | §102(b). Hybridisation-based base determination. |
| Drmanac et al., "DNA sequence determination by hybridization: a strategy for efficient large-scale sequencing," Science, Vol. 260, No. 5114 | Jun 1993 | Large-scale SHB strategy. | §102(b). |
| Dear & Staden, "A sequence assembly and editing program for efficient management of large projects," Nucleic Acids Research, Vol. 19, No. 14 | 1991 | Computer sequence assembly/editing software — the classic "visualisation/editing/verification" reference. | §102(b). The most relevant NPL item if claims 24–59 cover the editing/verification and comparative-display subject matter. |
| Brown et al., "An inexpensive MSI/LSI mask making system," Proc. 1981 Univ. Govt. Indus. Microelectronics Symposium, May 26–27, 1981, pp. III-31 to III-38 | 1981 | Photolithographic mask making. | §102(b). Mask/array fabrication background; irrelevant to claims 1–23. |
| 8th NPL item | — | Not enumerated in any source I could open (Unified Patents reports "Non-Patent Literature (8)"; OSTI lists 6 journal works; PubChem shows Brown + Dear). | Unresolved — verify. |
Sources: https://www.osti.gov/doepatents/biblio/[873772](/patent/873772) ; https://portal.unifiedpatents.com/patents/patent/US-6242180-B1
3. § 102 anticipation assessment (pre-AIA §102 applies: application filed 1998, priority 1994)
Framework. Because US 6,242,180 issued from and claims priority to a pre-AIA application, §102(a)/(b)/(e) apply in their pre-AIA form. Critically, three of the cited references (US 5,445,934, US 5,384,261) and the 1995–1999 US patents, plus WO 95/11995 and WO 95/35505, published after the 1994-10-21 priority date, so they are disqualifed as §102(a) art outright and can only bite via §102(e) — which turns on their earliest US filing date relative to the applicant's invention date. That chain has not been verified for any of them.
Element-by-element, claim 1 (identical elements recur in claims 8 and 10):
| Claim 1 element | Best cited art | Anticipation? |
|---|---|---|
| "inputting a plurality of probe intensities, each … indicating hybridization affinity" | Drmanac US 5,202,231; Fodor US 5,143,854 (readout); Southern Genomics 1992 | Yes, individually disclosed — this element is not novel. |
| "calling bases … according to the plurality of probe intensities" | Drmanac US 5,202,231; Drmanac JBSD 1991; Strezoska PNAS 1991 | Yes, individually disclosed. |
| "identifying a mutant base call" | Southern Genomics 1992 (mismatch discrimination); Drmanac SHB work | Arguably disclosed in substance for a reference-vs-sample comparison. |
| "analyzing probe intensities of at least one position that is near the position of the suspected mutation" | — | No cited reference discloses this. This is the feature drawn from the specification's "dark regions/bubbles" analysis (FIGS. 14A, 14C, 15), with the probe-length-width correspondence taught in the spec. |
| "changing the mutant base call to a nonmutant base call if … inconsistent with a mutation" | — | No cited reference discloses this. This is the actual point of novelty and the reason the cited art did not anticipate. |
Bottom line on §102:
- No cited reference anticipates claim 1, claim 8, or claim 10. Every reference in the list is directed either to (i) making/using arrays (Fodor, VLSIPS/WO cluster), (ii) hybridisation-based sequence determination (Drmanac, Strezoska, Southern), or (iii) generic computer graphics/data processing (the 1980s cluster). None teaches the two-step "look at neighbouring interrogation positions → revoke the mutation call" logic that claim 1 recites.
- The strongest §102 exposure is to the front half of claim 1 only, i.e., Drmanac US 5,202,231 and the 1991–1992 SHB printed publications. If claim 1 were construed narrowly to exclude the re-call step, those references would be the ones to assert — but under the actual claim language they cannot anticipate.
- For claims 24–59 (unretrieved), the analysis changes materially. If those claims cover the intensity-ratio method, the reference method, or the reference-sequence-vs-sample-sequence display (areas 814/816), then Southern Genomics 1992, Dear & Staden 1991, Fodor Science 1991, US 5,143,854, US 5,202,231, and the 1980s graphics cluster become directly §102-relevant. I cannot complete that mapping without the claim text.
- Procedural note. Only one cited reference (US 5,974,164) is tagged as an examiner search hit; the other 51 are applicant-cited (IDS). That pattern — a large applicant IDS dominated by array-chemistry art, with a single examiner-cited item — is consistent with allowance turning on the re-call limitation rather than on the array chemistry.
4. Citations received (forward citations) — not prior art
For completeness, and so this is not confused with the §102 analysis: Espacenet returns 22 documents citing US 6,242,180, and search reports of EP 1 184 467, EP 1 184 468 and EP 1 655 598 list "US 6242180 B1 05-06-2001" in their citation tables (the EP 1 655 598 hit being an Affymetrix application, "System, method, and product for multiple wavelength detection using single source excitation"). Unified Patents reports Referenced By (54). These are descendants/citing documents published 2004–2017 and have no §102 effect on US 6,242,180. Sources: https://pt.espacenet.com/publicationDetails/citingDocuments?CC=US&NR=6242180B1&KC=B1&FT=D&ND=10&date=20010605&DB=EPODOC ; https://patentimages.storage.googleapis.com/9c/29/f1/39865f91edf203/EP1184467A3.pdf ; http://data.epo.org/pise-server/rest/collections/lgpi/EP1655598A2.pdf
5. What I could not confirm — do not treat as established
- Titles, exact publication dates, and cited passages for ~30 of the 52 patent references (the whole 1980s graphics cluster, the 1993–94 chemistry cluster, and most of the WO/EP/FR items). I deliberately did not guess.
- The 8th non-patent literature item (Unified reports 8; I found 7).
- Claims 24–59 of the printed patent — the single largest gap in the §102 mapping.
- The US filing chains of US 5,445,934, US 5,384,261, US 5,665,549, US 5,727,098 and US 5,974,164, which determine whether they qualify as §102(e) art at all. I did not verify any of them.
- Examiner's substantive reasons for allowance. The IDS-vs-SEA pattern is suggestive but is not a substitute for the file wrapper.
Authoritative verification path: the printed patent's (56) References Cited and (57)/claims columns (Patent Public Search: https://ppubs.uspto.gov/pubwebapp/ ; PatentCenter for application 09/158,765: https://patentcenter.uspto.gov/), plus the file-wrapper Office Actions and the Examiner's Statement of Reasons for Allowance. Those will resolve items 1–5 above and confirm or refute the §102 conclusions in Section 3.
Generated 9/27/2026, 9:24:51 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll first try to retrieve the two things an obviousness analysis actually requires: (a) the granted claim text of US 6,242,180, and (b) the prior-art citations on the patent's face/page — since the "Prior Art section" referenced in the task was not included in the material I was given.
I now have the actual granted claim text, which materially changes the analysis. Let me retrieve the patent's own front-page references (the true "prior art" of record) and the key Affymetrix/Chee family references.
Obviousness Analysis — U.S. Patent No. 6,242,180 B1 (Chee, Affymetrix)
35 U.S.C. § 103 (pre‑AIA), effective filing date 1994‑10‑21 (presumed)
0. Three threshold flags before the analysis (read these first)
(a) The "Prior Art section" referenced in the task was not supplied to me. The materials I was given contain only the specification/figure text of the '180 patent plus two previously generated sections (Patent summary, Litigation summary). There is no prior-art dataset in the prompt. The following analysis therefore rests on (i) references expressly cited inside the '180 specification itself, (ii) references I could retrieve from public records in this pass, and (iii) generally known art in the field as of October 1994, with explicit confidence labels. I could not retrieve the printed patent's own "(56) References Cited" front page; a search of the Espacenet record returned only a garbled forward-citation ("documents citing") list, which is not prior art. This is a real evidentiary gap and it materially limits confidence.
(b) Contradiction with the previously generated "Patent summary" — flagged as required. That section stated (i) the verbatim claim text of US 6,242,180 was not retrieved, and (ii) the "interrogation position 'near the unknown base'" language belonged to the related continuation US 6,607,887, not the '180. Both of those statements are now superseded. I retrieved the granted claims from Espacenet and EveryPatent. US 6,242,180 claim 1 itself recites analyzing probe intensities at a position "near the position of the suspected mutation" and "changing the mutant base call to a nonmutant base call." So the '180's independent claims are not primarily the intensity-ratio / reference / statistical / pooling / visualization claims listed in the earlier summary; they are directed to the nearby-position consistency check (false-positive rejection). The earlier summary's six "subject-matter families" remain a fair description of the disclosure, but the claims as granted are materially narrower. This changes the obviousness analysis substantially.
(c) Priority-date discrepancy partially resolved, and it matters. The earlier summary noted Google Patents (1994‑10‑21) vs Unified Patents (1994‑10‑20). Espacenet's bibliographic record lists priority numbers US19940327525 19941021 and US19950531137 19951016, corroborating 1994‑10‑21 as the earliest date, with the '180 itself filed 1998‑09‑23 (Espacenet: US19980158765 19980923; Unified shows 1998‑09‑22 — unresolved minor discrepancy). Because the claims at issue are directed to a computational post-processing step, whether they are supported under § 112 by the 1994 application (as opposed to only by the 1998 continuation) controls which art is available. This is the single most important open question in the analysis (see § 7).
1. The claims actually to be analyzed
Retrieved verbatim (Espacenet claims view; EveryPatent). The record shows 59 claims total (the earlier summary's Espacenet count), but the retrieved text exposes claims 1–11 and 16–17, 22–23; claims 4, 12–15, 18–21 were truncated. Analysis below is keyed to claim 1 and its product/system counterparts 8 and 10.
Claim 1 (method): inputting a plurality of probe intensities, each indicating hybridization affinity between a nucleic acid probe and the sample; calling bases of the sample according to those intensities; identifying a mutant base call (a position suspected as a mutation); analyzing probe intensities of at least one position near the suspected mutation; and changing the mutant base call to a nonmutant base call if those nearby intensities are inconsistent with a mutation.
Dependents: cl. 2 ("inconsistent … if the probe intensities do not indicate lower hybridization affinity than is expected"); cl. 3 (near = adjacent); cl. 5 (a plurality of nearby positions); cl. 6 (the plurality surrounds the suspected mutation equal to the length of the probes); cl. 7 (cl. 2 applied to cl. 6).
Claim 8 (computer program product) and claim 10 (computer system) mirror claim 1 element-for-element, with cl. 9 / cl. 11 reciting the medium (memory, hard drive, floppy disk, CD‑ROM, flash memory, tape). Claims 16–17 and 22–23 are the cl. 6/7 analogs for the product/system claims.
Claim 6 is the tell: "plurality … surround the suspected mutation equal to the length of the nucleic acid probes" is the claim's encoding of the "dark region / bubble width ≈ probe length" test described in FIGS. 14A–15 of the specification.
2. Framework (Graham v. John Deere, 383 U.S. 1 (1966); KSR v. Teleflex, 550 U.S. 398 (2007))
Pre‑AIA § 103 applies (priority 1994; filed 1998). The analysis proceeds: (1) scope and content of the prior art; (2) differences between the prior art and the claims; (3) level of ordinary skill; (4) secondary considerations, with nexus. Critically, the relevant art is that before 1994‑10‑21 — which excludes most of the literature I would normally cite for this patent family.
Level of ordinary skill (proposed): a Ph.D. or M.S. in molecular biology/biochemistry/CS with 2–3 years' experience in nucleic acid hybridization assays and array data analysis, or equivalent; capable of routine programming of intensity-data processing.
3. The prior-art landscape actually available on a 1994‑10‑21 date
| Ref (as identified) | What it discloses | Prior art as of 1994‑10‑21? | Confidence |
|---|---|---|---|
| U.S. Pat. No. 5,143,854 (Fodor et al.) — cited by the '180 spec itself | VLSIPS: light-directed synthesis of very large arrays of oligonucleotide probes at known locations; hybridize labeled target; detect spatially | Yes (granted 1992‑09‑01) | High |
| PCT WO 90/15070 and WO 92/10092 — cited by the '180 spec itself | Array synthesis via switch-matrix/mask design; array format and detection | Yes (1990 / 1992) | High |
| U.S. application Ser. No. 08/249,188 — cited and incorporated by reference by the '180 spec | The overall system for designing masks, synthesizing probes, labelling nucleic acids, and scanning hybridized arrays into image/cell files | Yes (filed 1994, before the critical date) as a § 102(e)/incorporation source | High (spec admits it) |
| Southern, Genomics (1992) — "Analyzing and comparing nucleic acid sequences by hybridization to arrays of oligonucleotides: evaluation using experimental models" | Hybridization of targets to arrays of oligonucleotides; discrimination of perfect-match vs. mismatch duplexes | Yes | Med‑High |
| Guo et al., Nucleic Acids Res. 22(24):5456–5465 (1994) — "Direct fluorescence analysis of genetic polymorphisms by hybridization with oligonucleotide arrays on glass supports" | Fluorescence readout of mismatch vs. match probes for genotype calling | Uncertain — NAR vol. 22 no. 24 is late 1994 (possibly after 10‑21); retrieved only as a citation in EP 1009857 B1's background | Low‑Med |
| Sequencing-by-hybridization (SBH) literature (Lysov/Drmanac; Bains & Smith; Drmanac et al.) | Determines sequences from hybridization of n‑mers to a probe set; teaches redundancy/overlap among probes covering the same target, and that a mismatch destabilizes the duplex | Yes (1988–1993) | Med‑High |
| Automated fluorescence base-calling art (e.g., U.S. Pat. No. 5,242,796, Prober et al.; ABI 373 software; Staden/GCG packages) | Computer calling of bases from fluorescence intensity/trace data, with ratio/metric-based quality checks and comparison/visualization tools | Yes (1993) | Med (patent number surfaced only in a third-party reference list; verify) |
| EP 717,113 / WO 95/11995 (Chee et al., Affymetrix) | "Relative loss of hybridization intensity is manifested as a 'footprint' of probes flanking the point of variation between target and reference sequence" — retrieved from the specification of Iterative resequencing (US 2004/0248176), which cites EP 717,113 for exactly this | Probably not — WO published 1995‑05‑04; international filing ~1994‑10‑26, five days after the '180 critical date | Low (as prior art) / High as documentary evidence of the field's knowledge |
| Chee et al., Science 274:610–614 (1996); Lockhart et al., Nat. Biotechnol. 14:1675–1680 (1996); Hacia et al., Nat. Genet. (1996) (two-colour analysis) | High-density array base calling from four-probe tilings; two-colour sample/reference comparison | No — all post‑1994 | High (as non-art) |
Key observation: the obviousness case therefore has to be built from array-platform art + mismatch-discrimination art + generic data-processing/error-rejection art, not from the (later) Affymetrix array-resequencing papers. And the strongest single piece of evidence — the "footprint of probes flanking the point of variation" concept — sits five days outside the critical date on its face. That is an uncomfortably thin margin, and it is why § 7 matters.
4. The combinations
Combination A — Fodor '854 + WO 90/15070/92/10092 (+ 08/249,188) + SBH/mismatch-discrimination literature
Mapping to claim 1:
- inputting a plurality of probe intensities, each indicating hybridization affinity between a probe and the sample → Fodor '854/08/249,188: scanner output of fluorescence intensities at known probe locations (the '180 spec itself concedes this is the prior "cell file" workflow).
- calling bases according to the plurality of probe intensities → SBH and Southern 1992: the identity of the base at an interrogation position is read from which of the related probes hybridizes most strongly (perfect match > mismatch).
- identifying a mutant base call → routine consequence of the above: comparing the called base to the expected/wild‑type base yields "a position in the sample suspected as being a mutation."
- analyzing probe intensities near the suspected mutation and changing the call if those are inconsistent with a mutation → this is the only genuinely claim‑specific step, and it is supplied by Combination B.
Motivation to combine: all references are in the same field of endeavor (hybridization-based nucleic acid sequence analysis) and address the same problem — accurately determining a target sequence from array hybridization data. Southern 1992 and Fodor '854 were the recognized foundational platform references; a POSITA building a base-calling pipeline on the Fodor/08/249,188 platform would necessarily read base identity out of the four related probe intensities, because that is what the array is for.
Combination B — Combination A + mismatch-destabilization / "footprint" knowledge
This is the combination that reaches the heart of claim 1, and the motivation is unusually strong because the underlying phenomenon is not an invention — it is a physical consequence the art already knew:
- It was known (Southern 1992; Guo 1994; SBH literature) that a single internal base mismatch destabilizes a short duplex and lowers hybridization signal. It follows as a matter of physics, with no inventive step, that a probe overlapping (rather than centered on) a mutation will also show reduced signal — i.e., a mutation necessarily perturbs a neighborhood of probe intensities, not a single cell.
- It was equally known that isolated low signals arise from artifacts (dust, background, incomplete hybridization, cross-hybridization) and do not produce a coordinated neighborhood pattern.
- Therefore a POSITA, seeking to suppress false-positive mutation calls, would look at neighboring probe intensities to check whether the low-intensity "mutation" signal is consistent with a real mutation. That is precisely claim 1's step (d)–(e).
KSR rationales available:
- Combination of known elements with predictable results — array readout + base calling + a consistency/outlier filter.
- Known technique, known function ("the improvement is no more than the predictable use of prior art elements according to their established functions"). Looking at neighbors to validate an outlier is a textbook data-processing step.
- Automation of a manual step. The '180's own figures are visualization figures: FIGS. 14A–14C are graphs of wild‑type probe intensity vs. cell position in which a human visually identifies "bubbles." The specification's own words concede that "the characteristics of these 'dark regions' may be utilized to identify mutations and false positives." Once the human visual test is described, implementing it in software is an obvious automation of a known mental/visual procedure (cf. In re Venner; and the general resistance-to-automation rationale).
- Design incentive: driving down false positives in diagnostic base calling.
Reasonable expectation of success: high. Every step operates on already-collected intensity data; no unpredictable biology is required; a POSITA could implement the neighborhood comparison with routine programming.
Combination C — Automated sequencer base-calling art (e.g., Prober '796 / ABI software) + array-platform art
Mapping: Prober/ABI-type software supplies inputting intensity data, calling bases, and suspecting/correcting a call — i.e., elements (a)–(c) and the concept of programmatically revising a base call. Array art supplies the probe-array context. Motivation: common problem (automated, high-accuracy base calling from fluorescence data) and common field (computerized analysis of fluorescence-intensity data for nucleic acid sequencing). The gap the combination must bridge is that sequencer trace data is positional/electrophoretic rather than addressable-array, so the "neighboring probe" step is not directly present — this combination is weaker than A+B.
5. Dependent claims
| Claim | Content | § 103 assessment (against A+B) |
|---|---|---|
| 2 | "inconsistent … if the intensities do not indicate lower hybridization affinity than is expected" | Obvious: the reference-art knowledge that a real mutation reduces nearby intensity makes "expected lower hybridization affinity" the natural comparison baseline. Also a functional negative limitation ("than is expected") of indefinite scope, which broadens what reads on it. |
| 3 | "near" = adjacent | Obvious as a minimal, arbitrary choice of neighborhood radius; also the narrowest case of the phenomenon. |
| 5 | plurality of nearby positions | Obvious; redundancy/overlap in probe sets was the standard SBH technique. |
| 6 | plurality surrounds the mutation over a distance equal to the probe length | This is the strongest claim — it recites the "footprint width ≈ probe length" insight and is the one most closely matched by EP 717,113/WO 95/11995's "footprint of probes flanking the point of variation." **Obvious only if that concept, or the equivalent disclosure in the '180's parent, is prior art (see § 7). If the effective date is 1998, claim 6 is squarely met by EP 717,113/WO 95/11995 and Chee 1996. |
| 7, 16, 17, 22, 23 | combinations of the above; "surround … equal to the length of the probes" | Same as 2/5/6. |
| 9, 11 | medium = memory, hard drive, floppy disk, CD‑ROM, flash memory, tape | Obvious; no separate inventive weight (recordable media of the era; cf. In re Beauregard for program-product claims). |
| 8, 10 | program product / computer system mirroring claim 1 | Obvious wherever claim 1 is obvious; the claim form adds no independent subject matter. |
6. Presumed rebuttals, and how they fare
- § 103(c) (pre-AIA) common ownership. Several plausible references (the 08/249,188 application; WO 90/15070, WO 92/10092; US 5,143,854's assignee lineage; later Affymetrix cases) are commonly owned by Affymetrix at the time the invention was made. Under pre‑AIA § 103(c)(1), commonly owned § 102(e)/(f)/(g) art cannot be used in an obviousness combination. This knocks out much of the § 102(e)-only art (e.g., the 08/249,188 application), though not the § 102(a)/(b) printed publications (Fodor '854 is a patent, so § 102(b) applies to it once it granted — but its grant date is 1992, so it is § 102(b) art and immune to § 103(c)). This is a strong defense and should be tested against the file history.
- Secondary considerations. I found no verified evidence of unexpected results, long-felt need, licensing-nexus, or commercial-success-nexus attributable to claim 1. The patent's own expiry in 2014 for failure to pay maintenance fees (Google Patents: anticipated expiration 2014‑10‑21; GE Capital security interest released 2015‑11‑13) is, at most, a weak inference and is not a proper Graham factor. The earlier Litigation summary found no confirmed litigation naming the '180, so there is no adjudicated validity record to rely on either way.
- Teaching away. I found none. The art affirmatively recognized that mismatches reduce signal — that supports the combination.
- Priority/§ 112. See § 7.
7. The decisive issue: is claim 1 entitled to 1994‑10‑21?
The '180 issued from an application filed 1998‑09‑23, a continuation of a chain rooted in 1994‑10‑21 / 1995‑10‑16 filings. Claim 1's "changing the mutant base call" step reads like a post-hoc algorithmic refinement of the earlier visualization disclosure. If that subject matter is not supported (written description/enablement, § 112 ¶ 1) by the 1994 and 1995 applications, then for § 102/§ 103 purposes the effective date is 1998‑09‑23, and the following become prior art:
- EP 717,113 / WO 95/11995 (Chee et al., Affymetrix) — the "footprint of probes flanking the point of variation between target and reference sequence." This is, on its face, the nearest thing to claim 1 in the record, and it is Affymetrix's own earlier work (raising § 103(c) issues in return).
- Chee et al., Science 274:610–614 (1996) — retrieved and quoted in the record ("Accessing genetic information with high-density DNA arrays"; the reviewer-style summary in EP 1009857 B1 confirms its disclosure of genomic polymorphism analysis with arrays).
- Lockhart et al., Nat. Biotechnol. 14:1675–1680 (1996); Hacia et al. (1996) two-colour analysis; WO 97/29212 (clustering of hybridization intensities).
- The HIV/p53 array resequencing work of 1995–1997.
If the 1998 date applies, claim 1 is very likely obvious (and arguably anticipated by the footprint disclosure combined with routine base calling), and claim 6 in particular collapses.
I cannot resolve this without the file history and the parent applications. I am flagging it rather than asserting an outcome.
8. Bottom line
| Claim(s) | Most probable § 103 conclusion on the record I have |
|---|---|
| 1, 8, 10 (independent) | Likely obvious over Fodor '854/WO 92/10092 + 08/249,188 + known mismatch-destabilization art, with the KSR combination/automation rationales — provided the neighborhood-consistency check is not entitled to 1994‑10‑21 or, if it is, provided EP 717,113/WO 95/11995's "footprint" concept is treated as evidence of the ordinary artisan's baseline knowledge rather than as § 102 art. |
| 2, 3, 5, 7, 9, 11, 16, 17, 22, 23 | Obvious for the reasons above. |
| 6 | The one genuinely contestable claim. Obvious if the effective date is 1998 (EP 717,113/WO 95/11995 + Chee 1996 meet it head-on); defensible only if the 1994 priority holds and no pre‑10/21/94 reference discloses the "footprint width = probe length" relationship. |
What would change this analysis, and what I could not obtain:
- The printed patent's own (56) References Cited list (not supplied; only a forward-citation list was retrievable).
- The prosecution file history of 09/158,765 — including any § 103(c) common-ownership statements, terminal disclaimers, and the examiner's own art rejections.
- The parent applications (US 08/327,525, US 08/531,137) to test § 112 support for claim 1's "changing the mutant base call" step.
- The full 59-claim set (claims 4, 12–15, 18–21 were truncated in every source I reached), which may contain further independent claims requiring separate analysis.
I have deliberately labeled every reference above by retrieval status and confidence rather than asserting dates or mappings I could not verify.
Generated 9/27/2026, 9:25:07 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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