# US 10,368,881 B2 · Method and apparatus for minimally invasive posterolateral spinal fusion

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- Number: US 10,368,881 B2
- Document ID: US10368881B2
- Status: Granted
- Kind: B2
- Application number: 15/612,781
- Filed: 2017-06-02
- Published: 2017-12-07
- Granted: 2019-08-06
- Earliest claimed: 2016-06-03
- Assignees: Quandary Medical, LLC
- Applicants: Quandary Medical, LLC
- Inventors: Leighton Joseph LaPierre; Scott Noble; Ryan Alexander Arce; Jeffrey R Schell; Yuta Okkotsu; David C. Eyvazzadeh; Brandon B. Arthurs; Gerald R. Schell
- Web page: https://patentgrep.com/patent/US10368881B2

## CPC

- A61B 17/1635: {for grafts, harvesting or transplants}
- A61B 17/1604: {Chisels; Rongeurs; Punches; Stamps}
- A61B 17/1671: {for the spine}
- A61B 17/1757: {for the spine}
- A61B 17/3421: {Cannulas}
- A61B 17/7061: {for stabilising vertebrae or discs by improving the condition of their tissues, e.g. using implanted medication or fluid exchange (intraosseous injection devices A61B17/3472)}
- A61B 17/7089: {wherein insertion is along an arcuate path}
- A61B 17/8802: {Equipment for handling bone cement or other fluid fillers}
- A61B 2017/320052: {Guides for cutting instruments}
- A61B 2017/32006: {with a cutting strip, band or chain, e.g. like a chainsaw}
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)

## Abstract

Certain embodiments of the invention relate to a surgical procedure resulting in the fusion of transverse processes. The disclosure herein presents novel approaches for accessing transverse processes of the spine, novel methods for the delivery of fusion material for the fusion of said transverse processes, and novel tools to facilitate the procedure. Certain embodiments of the invention include a graft delivery assembly, which has a delivery shaft, delivery sheath, and at least one curved rod. Bony material is position with a graft delivery assembly, in which retraction of the delivery shaft or sheath places the bone fusion material to the fusion site. The graft delivery assembly further includes features to decorticate and prepare the bone surface for fusion.

## Claims

### Claim 1

A medical device assembly for delivering bone graft, comprising:
a delivery shaft, said delivery shaft having a tool insertion end and a graft delivery end, said delivery shaft aligned with a central axis further comprising a curvature, said central axis defining a shaft pathway extending between said tool insertion end and said graft delivery end, said delivery shaft further comprising a handle,
said delivery shaft further comprising a retention lock; and
a first curved element having a first end, a second end, and an exterior surface, said first curved element having a curvature aligned with said curved central axis, said first curved element being axially slidable through said shaft pathway, said first curved element further comprising a handle, wherein said delivery shaft retention lock is adapted to retain said first curved element from sliding.

### Claim 2 (depends on 1)

The assembly of claim 1, said delivery shaft further comprising a slot, said slot in communication with said delivery shaft pathway, and wherein said first curved element handle is a jut protruding from said first curved element exterior surface, said jut correspondingly passing through said slot and extending past the delivery shaft exterior surface.

### Claim 3 (depends on 2)

The assembly of claim 2, wherein said slot further comprises a slot end.

### Claim 4 (depends on 1)

The assembly of claim 1 further comprising a second curved element;
said first curved element further comprising a pathway extending between said first end and said second end, and defining a hollow form with an interior surface;
said second curved element having a first end, a second end, and an exterior surface, said second curved element being axially slidable through said first curved element pathway; and
said delivery shaft further comprising a second retention lock adapted to retain said second curved element from sliding.

### Claim 5 (depends on 4)

The assembly of claim 4, said second curved element comprising a mating feature, said mating feature engageable with said second retention lock.

### Claim 6 (depends on 4)

The assembly of claim 4, said second curved element further comprising an abrading surface.

### Claim 7 (depends on 4)

The assembly of claim 4, said second curved element second end further comprising a beveled end configured to create a pathway through tissue.

### Claim 8 (depends on 1)

The assembly in claim 1, said retention lock further comprising a collar portion rotatable about said curved shaft central axis, and being able to restrict the slideable movement of said first curved element.

### Claim 9 (depends on 1)

The assembly in claim 1, wherein said central axis curvature comprises an arc having a radius adapted to follow a lordotic curvature of the spine.

### Claim 10 (depends on 1)

The assembly of claim 1, said first curved element further comprising an abrading surface.

### Claim 11 (depends on 1)

The assembly of claim 1, said first curved element second end further comprising a beveled end configured to create a pathway through tissue.

### Claim 12

A medical device assembly for delivering bone graft, comprising:
a delivery shaft, said delivery shaft having a tool insertion end and a graft delivery end, said delivery shaft aligned with a central axis further comprising a curvature, said central axis defining a shaft pathway extending between said tool insertion end and said graft delivery end, said delivery shaft further comprising a handle;
a first curved element having a first end, a second end, and an exterior surface, said first curved element having a curvature aligned with said curved central axis, said first curved element being axially slidable through said shaft pathway, said first curved element further comprising a pathway extending between said first end and said second end, and defining a hollow form with an interior surface; said first curved element further comprising a handle; and
a second curved element having a first end, a second end, and an exterior surface, said second curved element being axially slidable through said first curved element pathway.

### Claim 13 (depends on 12)

The assembly of claim 12, wherein said delivery shaft further comprises a retention lock, wherein said delivery shaft retention lock prevents said first curved element from sliding.

### Claim 14 (depends on 13)

The assembly in claim 13, wherein said retention lock comprises a collar portion rotatable about said delivery shaft central axis, and restricting slideable movement of said first curved element when said retention lock is positioned in a locking position.

### Claim 15 (depends on 13)

The assembly in claim 13, wherein said delivery shaft further comprises a second retention lock wherein said delivery shaft second retention lock prevents said second curved element from sliding.

### Claim 16 (depends on 12)

The assembly of claim 12, said delivery shaft further comprising a slot, said slot in communication with said delivery shaft pathway, and wherein said first curved element handle is a jut protruding from said first curved element exterior surface, said jut correspondingly passing through said slot and extending past the delivery shaft exterior surface.

### Claim 17 (depends on 12)

The assembly in claim 12, wherein said second curved element further comprises a beveled second end and an abrading surface.

### Claim 18

A method of placing bony material between adjacent transverse processes, comprising:
making an incision in the skin on the posterior side of a patient offset from the medial plane and in proximity to a transverse process;
creating a pathway to a first transverse process through said incision with an assembly;
extending said pathway to at least a second transverse process adjacent to said first transverse process with said assembly; and
dispensing bony material through said pathway depositing bony material between said first transverse process and said second transverse process.

### Claim 19 (depends on 18)

The method in claim 18, further comprising:
decorticating the posterior surface of said first transverse process and said at least second transverse process through said pathway, wherein said assembly further comprises an ablating surface configured for decorticating said transverse processes.

### Claim 20 (depends on 18)

The method in claim 18, further comprising:
pre-loading said assembly with bony material and dispensing said bony material between said first transverse process and said at least second transverse process.
