# US 10,765,460 B2 · System and method for aligning vertebrae in the amelioration of aberrant spinal column deviation conditions

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- Number: US 10,765,460 B2
- Document ID: US10765460B2
- Status: Granted
- Kind: B2
- Application number: 15/615,515
- Filed: 2017-06-06
- Published: 2017-09-28
- Granted: 2020-09-08
- Earliest claimed: 2004-12-30
- Assignees: Mark A. Barry
- Applicants: Mark A. Barry
- Inventors: Mark A. Barry
- Web page: https://patentgrep.com/patent/US10765460B2

## CPC

- A61B 17/7079: {Tools requiring anchors to be already mounted on an implanted longitudinal or transverse element, e.g. where said element guides the anchor motion}
- A61B 17/7002: {Longitudinal elements, e.g. rods}
- A61B 17/7032: {Screws or hooks with U-shaped head or back through which longitudinal rods pass}
- A61B 17/7049: {Connectors, not bearing on the vertebrae, for linking longitudinal elements together (A61B17/7055, A61B17/7053, A61B17/7019 take precedence)}
- A61B 17/7077: {for moving bone anchors attached to vertebrae, thereby displacing the vertebrae}
- A61B 17/708: {with tubular extensions coaxially mounted on the bone anchors}
- A61B 17/7076: {for driving, positioning or assembling spinal clamps or bone anchors specially adapted for spinal fixation}
- A61B 2017/564: {Methods for bone or joint treatment}
- A61B 2017/567: {Joint mechanisms or joint supports in addition to the natural joints and outside the joint gaps}
- A61B 2017/681: {Alignment, compression, or distraction mechanisms}
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)

## Abstract

A system for applying a manipulative force to a target region of a spinal column during a surgical procedure is provided with at least four pedicle screws, at least four elongated levers configured to temporarily engage with the pedicle screws, a linking member configured to link at least two of the elongated levers in a axial direction such that they move in unison, and a cross-linking member configured to link at least two of the elongated levers in a transverse direction such that they move in unison. When the system is assembled, it permits an operator to move the at least four elongated levers in unison to simultaneously rotate the at least four pedicle screws about a spinal column roll axis. Related methods are also provided.

## Claims

### Claim 1

A system for applying a manipulative force to a target region of a spinal column during a surgical procedure, the system comprising:
a first plurality of elongated levers each having a proximal portion and a distal portion, each distal portion being configured to temporarily engage with a proximal portion of a pedicle screw implanted in a vertebra, the first plurality of elongated levers being interconnected to form a first linked handle array; and
a second plurality of elongated levers each having a proximal portion and a distal portion, each distal portion being configured to temporarily engage with a proximal portion of a pedicle screw implanted in a vertebra, the second plurality of elongated levers being interconnected to form a second linked handle array,
wherein the system permits an operator to apply a derotation force in a first direction through the first linked handle array to a first set of vertebrae during a surgical procedure, and permits the operator to simultaneously apply a balancing force in a second direction opposite to the first direction through the second linked handle array to a second set of vertebrae, and
wherein the first plurality of elongated levers and the second plurality of elongated levers are surgical instruments and are not part of a construct configured to be implanted in, on or remain attached to a patient, but rather are configured to be temporarily engaged with the pedicle screws during the surgical procedure, used to apply forces to the pedicle screws during the same surgical procedure, and removed from the pedicle screws and the patient during the same surgical procedure.

### Claim 2 (depends on 1)

The system of claim 1, further comprising a plurality of pedicle screws each having a channel located on its proximal portion configured to receive a spinal rod.

### Claim 3 (depends on 2)

The system of claim 2, further comprising:
a spinal rod configured to extend in an axial direction between a first pedicle screw and a second pedicle screw of the plurality of pedicle screws;
a spinal rod engagement mechanism provided on the proximal portions of each of the first and second pedicle screws configured to secure the spinal rod to the proximal portions of the first and second pedicle screws.

### Claim 4 (depends on 1)

The system of claim 1, wherein the first linked handle array is configured to allow the first plurality of elongated levers to temporarily engage with two pedicle screws implanted in a single vertebra.

### Claim 5 (depends on 1)

The system of claim 1, wherein each of the elongated levers of the first and second linked handle arrays are configured to initially extend away from the proximal portion of their respective pedicle screws along a longitudinal axis of the respective pedicle screw.

### Claim 6 (depends on 1)

The system of claim 1, wherein the first linked handle array comprises a single handle member configured to receive the derotation force.

### Claim 7 (depends on 1)

The system of claim 1, wherein the second linked handle array comprises a single handle member configured to receive the balancing force.

### Claim 8 (depends on 1)

The system of claim 1, further comprising a third plurality of elongated levers each having a proximal portion and a distal portion, each distal portion being configured to temporarily engage with a proximal portion of a pedicle screw implanted in a vertebra, the third plurality of elongated levers being interconnected to form a third linked handle array, wherein the system permits an operator to apply a derotation force or a balancing force through the third linked handle array to a third set of vertebrae.

### Claim 9 (depends on 1)

The system of claim 1, wherein the first plurality of elongated levers extend at least partially in a dorsal direction when temporarily engaged with the pedicle screws implanted in the vertebrae.

### Claim 10 (depends on 1)

The system of claim 1, wherein each of the first plurality of elongated levers and each of the second plurality of elongated levers is configured such that the distal portion of the elongated lever resides inside a patient's body engaged with the proximal portion of an associated pedicle screw when the elongated lever is in use, and the proximal portion of the elongated lever resides outside the patient's body when in use.

### Claim 11 (depends on 1)

The system of claim 1, wherein the elongated levers comprise a generally cylindrical shape.

### Claim 12 (depends on 1)

The system of claim 1, wherein the elongated levers comprise a transverse cross-section that is circular in shape.

### Claim 13 (depends on 1)

The system of claim 1, wherein the elongated levers are configured to engage a head portion of an associated pedicle screw, the head portion having a larger diameter than a shank portion of the associated pedicle screw.

### Claim 14 (depends on 1)

The system of claim 1, wherein the elongated levers are configured to engage a proximal-most portion of an associated pedicle screw.

### Claim 15

A surgical kit comprising:
a first plurality of elongated levers each having a proximal portion and a distal portion, each distal portion being configured to temporarily engage with a proximal portion of a pedicle screw implanted in a vertebra, the first plurality of elongated levers configured to be interconnected to form a first linked elongated lever array; and
a second plurality of elongated levers each having a proximal portion and a distal portion, each distal portion being configured to temporarily engage with a proximal portion of a pedicle screw implanted in a vertebra, the second plurality of elongated levers configured to be interconnected to form a second linked elongated lever array,
wherein the surgical kit, once assembled and in use, permits an operator to apply a derotation force in a first direction through the first linked elongated lever array to a first set of vertebrae during a surgical procedure, and permits the operator to simultaneously apply a balancing force in a second direction opposite to the first direction through the second linked elongated lever array to a second set of vertebrae, and
wherein the first plurality of elongated levers and the second plurality of elongated levers are surgical instruments and are not part of a construct configured to be implanted in, on or remain attached to a patient, but rather are configured to be temporarily engaged with the pedicle screws during the surgical procedure, used to apply forces to the pedicle screws during the same surgical procedure, and removed from the pedicle screws and the patient during the same surgical procedure.

### Claim 16 (depends on 15)

The surgical kit of claim 15, further comprising a plurality of pedicle screws each having a channel located on its proximal portion configured to receive a spinal rod.

### Claim 17 (depends on 16)

The surgical kit of claim 16, further comprising:
a spinal rod configured to extend in an axial direction between a first pedicle screw and a second pedicle screw of the plurality of pedicle screws; and
a spinal rod engagement mechanism provided on the proximal portions of each of the first and second pedicle screws configured to secure the spinal rod to the proximal portions of the first and second pedicle screws.

### Claim 18 (depends on 15)

The surgical kit of claim 15, wherein the first linked elongated lever array is configured to allow the first plurality of elongated levers to temporarily engage with two pedicle screws implanted in a single vertebra.

### Claim 19 (depends on 15)

The surgical kit of claim 15, wherein each of the elongated levers of the first and second linked elongated lever arrays are configured to initially extend away from the proximal portion of their respective pedicle screws along a longitudinal axis of the respective pedicle screw.

### Claim 20 (depends on 15)

The surgical kit of claim 15, further comprising a handle member configured to be coupled with the first linked elongated lever array and to receive the derotation force.

### Claim 21 (depends on 15)

The surgical kit of claim 15, further comprising a handle member configured to be coupled with the second linked elongated lever array and to receive the balancing force.

### Claim 22 (depends on 15)

The surgical kit of claim 15, further comprising a third plurality of elongated levers each having a proximal portion and a distal portion, each distal portion being configured to temporarily engage with a proximal portion of a pedicle screw implanted in a vertebra, the third plurality of elongated levers configured to be interconnected to form a third linked elongated lever array, wherein the surgical kit permits an operator to apply a derotation force or a balancing force through the third linked elongated lever array to a third set of vertebrae.

### Claim 23 (depends on 15)

The surgical kit of claim 15, further comprising a linking member configured to interconnect at least some of the first or second plurality of elongated levers in an axial direction such that they can be moved together in unison.

### Claim 24 (depends on 15)

The surgical kit of claim 15, further comprising a cross-linking member configured to interconnect at least some of the first or second plurality of elongated levers in a transverse direction such that they can be moved together in unison.

### Claim 25 (depends on 15)

The surgical kit of claim 15, wherein the first plurality of elongated levers extend at least partially in a dorsal direction when temporarily engaged with the pedicle screws implanted in the vertebrae.

### Claim 26 (depends on 15)

The surgical kit of claim 15, wherein each of the first plurality of elongated levers and each of the second plurality of elongated levers is configured such that the distal portion of the elongated lever resides inside a patient's body engaged with the proximal portion of an associated pedicle screw when the elongated lever is in use, and the proximal portion of the elongated lever resides outside the patient's body when in use.

### Claim 27 (depends on 15)

The surgical kit of claim 15, wherein the elongated levers comprise a generally cylindrical shape.

### Claim 28 (depends on 15)

The surgical kit of claim 15, wherein the elongated levers comprise a transverse cross-section that is circular in shape.

### Claim 29 (depends on 15)

The surgical kit of claim 15, wherein the elongated levers are configured to engage a head portion of an associated pedicle screw, the head portion having a larger diameter than a shank portion of the associated pedicle screw.

### Claim 30 (depends on 15)

The surgical kit of claim 15, wherein the elongated levers are configured to engage a proximal-most portion of an associated pedicle screw.
