Prior art

The following prior art references were cited in US patent 7846728. For each reference, the full citation, publication/filing date, a brief description, and the claim(s) it potentially anticipates under 35 U.S.C. § 102 are provided.

Patent Citations for US7846728:

1. US5759830A

   • Full Citation: US5759830A, "Three-dimensional fibrous scaffold containing attached cells for producing vascularized tissue in vivo" by Vacanti et al., assigned to Massachusetts Institute Of Technology.
   • Publication Date: 1998-06-02. Priority Date: 1986-11-20.
   • Brief Description: This patent describes a three-dimensional fibrous scaffold containing attached cells for producing vascularized tissue in vivo. It teaches implanting sheets of cell-matrix structure adjacent to vascularized tissues such as mesentery, omentum, or peritoneum.
   • Potential Anticipation (35 U.S.C. § 102): This patent broadly anticipates aspects of Claim 5 by disclosing a method of generating an implant using a three-dimensional scaffold, a cell mixture, and a vascular tissue like omentum in an in vivo growth site for tissue formation. However, it does not explicitly disclose a "scaffold shell" where the vascular tissue is placed into its interior with intact arterial and venous flow, nor does it specify "multiple folds of vascularized omentum in combination with excised fat tissue inserted between said folds" as required by Claim 1.

2. US5770193A

   • Full Citation: US5770193A, "Preparation of three-dimensional fibrous scaffold for attaching cells to produce vascularized tissue in vivo" by Vacanti et al., assigned to Massachusetts Institute Of Technology Children's Medical Center Corporation.
   • Publication Date: 1998-06-23. Priority Date: 1986-11-20.
   • Brief Description: This patent describes the preparation of a three-dimensional fibrous scaffold for attaching cells to produce vascularized tissue in vivo. It also discusses implanting sheets of cell-matrix structure adjacent to mesentery, omentum, or peritoneum tissue.
   • Potential Anticipation (35 U.S.C. § 102): Similar to US5759830A, this patent potentially anticipates aspects of Claim 5 by detailing methods involving three-dimensional scaffolds, cells, and the use of omentum for in vivo vascularization. It lacks the specific "scaffold shell" with internally placed vascular tissue and intact flow, and the "multiple folds of vascularized omentum with excised fat" as defined in US7846728.

3. US5804178A

   • Full Citation: US5804178A, "Implantation of cell-matrix structure adjacent mesentery, omentum or peritoneum tissue" by Vacanti et al., assigned to Massachusetts Institute Of Technology.
   • Publication Date: 1998-09-08. Priority Date: 1986-11-20.
   • Brief Description: This patent describes the implantation of cell-matrix structures adjacent to mesentery, omentum, or peritoneum tissue.
   • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant to Claim 5 as it directly teaches the use of omentum as a site for vascularization of cell-matrix structures in vivo. The distinction lies in US7846728 specifying that the vascular tissue (e.g., omentum) is placed into the interior of a scaffold shell while its arterial and venous flow remain intact, as opposed to placing a cell-matrix structure adjacent to the omentum. It does not appear to disclose the specific implant structure of Claim 1.

4. US5716404A

   • Full Citation: US5716404A, "Breast tissue engineering" by Vacanti et al., assigned to Massachusetts Institute Of Technology.
   • Publication Date: 1998-02-10. Priority Date: 1994-12-16.
   • Brief Description: This patent proposes placing dissociated cells into a biodegradable matrix to be implanted with a tissue expander device into the breast for breast tissue engineering.
   • Potential Anticipation (35 U.S.C. § 102): This patent directly addresses "breast tissue engineering." Therefore, it potentially anticipates Claim 2 (an implant that is a breast implant) and Claim 6 (a method where the organ is a breast). However, it does not describe the specific scaffold-omentum-fat configuration of Claim 1 or the method steps of Claim 5 involving intact vascular flow of omentum placed inside a scaffold shell.

5. US20020022883A1

   • Full Citation: US20020022883A1, "Tissue engineering composite" by Burg Karen J.L.
   • Publication Date: 2002-02-21. Priority Date: 2000-06-13.
   • Brief Description: This patent application describes a biocompatible composite with viscous fluid for injection into defects.
   • Potential Anticipation (35 U.S.C. § 102): This reference describes a fluidic composite rather than a structured three-dimensional scaffold shell designed to accommodate vascular tissue or multiple layers of omentum and fat tissue. Therefore, it does not appear to anticipate any claims of US7846728.

6. US20040052768A1

   • Full Citation: US20040052768A1, "Vascularised tissue graft" by Morrison Wayne A.
   • Publication Date: 2004-03-18. Priority Date: 2000-08-21.
   • Brief Description: The title suggests a vascularized tissue graft. No further specific description is provided within US7846728.
   • Potential Anticipation (35 U.S.C. § 102): While generally related to vascularized tissue, without more detailed information, it is not possible to determine if this patent discloses the specific elements of Claim 1 (scaffold shell, multiple folds of omentum, excised fat) or the precise method steps of Claim 5 (placing vascular tissue into the interior of a scaffold shell with intact arterial/venous flow).

7. US20070299508A1

   • Full Citation: US20070299508A1, "Vascularized tissue graft" by Victorian Tissue Engineering Centre Pty Ltd.
   • Publication Date: 2007-12-27. Priority Date: 2000-08-21.
   • Brief Description: Similar to US20040052768A1, the title indicates a vascularized tissue graft. No further specific description is provided within US7846728.
   • Potential Anticipation (35 U.S.C. § 102): Similar to US20040052768A1, without further details, it is difficult to assess direct anticipation of US7846728's specific claims.

8. US20020119180A1

   • Full Citation: US20020119180A1, "Methods and compositions for culturing a biological tooth" by Yelick et al., assigned to President And Fellows Of Harvard College.
   • Publication Date: 2002-08-29. Priority Date: 2000-11-29.
   • Brief Description: This patent application describes the construction of a biodegradable polymer scaffold molded in the shape of a tooth and placed onto the omentum of rats.
   • Potential Anticipation (35 U.S.C. § 102): This reference is relevant to Claim 5 as it discloses the use of a biodegradable polymer scaffold placed onto the omentum for tissue engineering. The key differentiating aspect for US7846728 is the explicit requirement for a "scaffold shell" with the vascular tissue placed into its interior and maintaining intact arterial/venous flow, which is not clearly disclosed by placing a scaffold onto the omentum. It does not describe the specific "multiple folds of vascularized omentum in combination with excised fat tissue inserted between said folds" of Claim 1.

9. US20030129751A1

   • Full Citation: US20030129751A1, "Tissue-engineered organs" by Grikscheit Tracy C.
   • Publication Date: 2003-07-10. Priority Date: 2001-05-16.
   • Brief Description: This patent application describes a method for high-density seeding of a polymer scaffold with organoid units. The disclosed scaffolds are collagen-coated polyglycolic acid tubes that are sutured to a rat's omentum to make new colonic tissue.
   • Potential Anticipation (35 U.S.C. § 102): This is a highly relevant reference that potentially anticipates aspects of Claim 5. It explicitly teaches a method using a polymer scaffold (tubes), seeded cells (organoid units), and omentum (vascular tissue) in an in vivo setting for tissue engineering. The description "sutured to the rat's omentum" may be distinguished from US7846728's specific requirement of placing the omentum into the interior of a scaffold shell while maintaining intact arterial/venous flow. However, the core concept of omentum-based vascularized scaffold tissue engineering is strong. It does not describe the "multiple folds of vascularized omentum in combination with excised fat tissue inserted between said folds" of Claim 1.

10. US20070059293A1

    • Full Citation: US20070059293A1, "Tissue engineered construct for supplementing or replacing a damaged organ" by Atala, assigned to Children's Medical Center Corporation.
    • Publication Date: 2007-03-15. Priority Date: 2002-02-05.
    • Brief Description: This patent application describes seeding autologous bladder cells on a biodegradable bladder-shaped scaffold made of collagen and polyglycolic acid, which was then implanted covered with omentum into patients.
    • Potential Anticipation (35 U.S.C. § 102): This is another highly relevant reference that potentially anticipates aspects of Claim 5. It discloses a method involving a biodegradable scaffold of a specific shape, seeded with autologous cells, and implanted covered with omentum. Similar to the Grikscheit patent, the phrase "implanted covered with omentum" might be distinguished from US7846728's requirement of placing the vascular tissue into the interior of a scaffold shell with intact arterial and venous flow. However, the overall concept of using omentum to vascularize a scaffold for organogenesis with autologous cells is strongly suggested. It does not describe the specific "multiple folds of vascularized omentum in combination with excised fat tissue inserted between said folds" of Claim 1.

11. US20070100358A2

    • Full Citation: US20070100358A2, "A Biomimetic Synthetic Nerve Implant" by Joe Javio63 th (as listed in US7846728), assigned to Texas Scottish Rite Hospital For Children.
    • Publication Date: 2007-05-03. Priority Date: 2002-08-01.
    • Brief Description: This patent application describes a biomimetic biosynthetic nerve implant (BNI) utilizing a hydrogel-based, transparent, multi-channel matrix as a three-dimensional substrate for nerve repair. It details novel scaffold casting devices for creating grafts with micro-conduits for nerve growth in vivo.
    • Potential Anticipation (35 U.S.C. § 102): This patent focuses on synthetic nerve implants and multi-channel scaffolds for nerve repair. It does not involve the omentum or the specific combination with excised fat tissue as described in US7846728, nor does it discuss placing vascular tissue with intact arterial/venous flow into the interior of a scaffold shell. Therefore, it is less likely to directly anticipate any claims of US7846728.

12. US20040126405A1

    • Full Citation: US20040126405A1, "Engineered scaffolds for promoting growth of cells" by Sahatjian et al., assigned to Scimed Life Systems, Inc.
    • Publication Date: 2004-07-01. Priority Date: 2002-12-30.
    • Brief Description: This patent application proposes a three-dimensional cell scaffold that can be configured as a sheet or a tube in various shapes.
    • Potential Anticipation (35 U.S.C. § 102): This reference broadly discloses three-dimensional cell scaffolds in various shapes, which is a general element of US7846728. However, it does not specify the use of omentum or excised fat tissue, particularly the "multiple folds of vascularized omentum in combination with excised fat tissue inserted between said folds" for Claim 1. For Claim 5, it lacks the specificity of using vascular tissue like omentum placed into the interior of a scaffold shell with intact arterial/venous flow, and the subsequent steps for implant formation and removal.