# US 10,864,021 B2 · Methods and instruments for use in vertebral treatment

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- Number: US 10,864,021 B2
- Document ID: US10864021B2
- Status: Granted
- Kind: B2
- Application number: 15/337,038
- Filed: 2016-10-28
- Published: 2017-02-16
- Granted: 2020-12-15
- Earliest claimed: 2011-04-29
- Assignees: Warsaw Orthopedic, Inc.
- Applicants: Warsaw Orthopedic, Inc.
- Inventors: Greg C. Marik; Newton H. Metcalf, Jr.; Danish Siddiqui; Vincent C. Traynelis
- Web page: https://patentgrep.com/patent/US10864021B2

## CPC

- A61B 17/7064: {Devices acting on, attached to, or simulating the effect of, vertebral facets; Tools therefor}
- A61B 17/025: {Joint distractors}
- A61B 17/16: Instruments for performing osteoclasis; Drills or chisels for bones; Trepans {(arthroscopic bone cutters A61B17/320016)}
- A61B 17/1659: {Surgical rasps, files, planes, or scrapers}
- A61B 17/1671: {for the spine}
- A61F 2/4405: {for apophyseal or facet joints, i.e. between adjacent spinous or transverse processes (devices implanted between spinous or transverse processes A61B17/7062)}
- A61B 90/03: {Automatic limiting or abutting means, e.g. for safety}
- A61B 2017/0256: {for the spine}
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)
- A61F: FILTERS IMPLANTABLE INTO BLOOD VESSELS; PROSTHESES; DEVICES PROVIDING PATENCY TO, OR PREVENTING COLLAPSING OF, TUBULAR STRUCTURES OF THE BODY, e.g. STENTS; ORTHOPAEDIC, NURSING OR CONTRACEPTIVE DEVICES; FOMENTATION; TREATMENT OR PROTECTION OF EYES OR EARS; BANDAGES, DRESSINGS OR ABSORBENT PADS; FIRST-AID KITS (dental prosthetics A61C)

## Abstract

Embodiments of the invention include instruments, implants, and methods for surgically treating facet joints of vertebrae. An instrument may be advanced into one or more facet joints to one or both separate vertebrae and remove tissue from one or more articular processes. A stop on the instrument may be used to terminate advancement of the instrument by contacting a vertebra, and one or more implants may be placed into one or more facet joints.

## Claims

### Claim 1

A kit comprising:
a first instrument comprising a shaft extending along a first longitudinal axis between opposite first and second ends, the first instrument including a body extending along a second longitudinal axis between a leading end and an opposite trailing end, the second longitudinal axis extending transverse relative to the first longitudinal axis, the body including a first cutting face having a first length along the second longitudinal axis and a second cutting face having a second length along the second longitudinal axis, the second length being greater than the first length, the second end being coupled to the trailing end, the first instrument comprising a stop and a wall, the stop forming a first interface with the first cutting face and a second interface with the wall, the wall extending at an acute angle relative to the first longitudinal axis from the shaft to the stop, the stop including a side surface extending from the first interface to the second interface, the side surface defining a third longitudinal axis that intersects the second cutting face along the second length, the second interface being arcuate; and
a second instrument comprising a body, an implant interface coupled to the body of the second instrument, and a pusher stop that extends substantially perpendicularly from a core portion of the second instrument, the implant interface including teeth.

### Claim 2 (depends on 1)

A kit as recited in claim 1, wherein the side surface extends perpendicular to the first cutting face.

### Claim 3 (depends on 1)

A kit as recited in claim 1, wherein the second cutting face is substantially free of having a stop.

### Claim 4 (depends on 1)

A kit as recited in claim 1, wherein the first cutting face comprises a plurality of rasp teeth along the entire first length and the second cutting face comprises a plurality of rasp teeth along the entire second length.

### Claim 5 (depends on 4)

A kit as recited in claim 4, wherein the rasp teeth are pyramid shaped.

### Claim 6 (depends on 1)

A kit as recited in claim 1, wherein the teeth are pyramid shaped.

### Claim 7 (depends on 1)

A kit as recited in claim 1, wherein the core portion comprises opposite first and second surfaces, the implant interface extending from the first surface to the second surface.

### Claim 8 (depends on 7)

A kit as recited in claim 7, wherein the pusher stop extends from the first surface.

### Claim 9 (depends on 8)

A kit as recited in claim 8, wherein the first surface is smooth about the pusher stop.

### Claim 10 (depends on 7)

A kit as recited in claim 7, wherein the pusher stop is spaced apart from the implant interface.

### Claim 11 (depends on 7)

A kit as recited in claim 7, wherein the pusher stop extends parallel to the implant interface.

### Claim 12 (depends on 1)

A kit as recited in claim 1, further comprising an intervertebral implant comprising a curved leading end and a trailing end configured to be pushed by the second instrument.

### Claim 13 (depends on 1)

A method of surgically treating vertebrae comprising:
providing the kit recited in claim 1;
separating vertebrae;
introducing the leading end of the first instrument between the vertebrae to remove tissue from one or more of the vertebrae;
advancing the first instrument until the stop terminates advancement of the first instrument by contacting one of the vertebrae;
engaging the implant interface with an implant;
inserting the implant between the vertebrae with the second instrument.

### Claim 14 (depends on 13)

A method as recited in claim 13, wherein inserting the implant comprises advancing the second instrument until the pusher stop contacts one of the vertebrae.

### Claim 15 (depends on 13)

A method as recited in claim 13, wherein separating vertebrae comprises inserting a wedge between articular processes of the vertebrae.

### Claim 16 (depends on 13)

A method as recited in claim 13, wherein introducing the leading end comprises removing tissue from articular processes of the vertebrae.

### Claim 17

A kit comprising:
a first instrument comprising a shaft extending along a first longitudinal axis between opposite first and second ends, the first instrument including a body extending along a second longitudinal axis between a leading end and an opposite trailing end, the second longitudinal axis extending transverse relative to the first longitudinal axis, the body including a first cutting face having a first length along the second longitudinal axis and a second cutting face having a second length along the second longitudinal axis, the second length being greater than the first length, the second end of the shaft being coupled to the trailing end, the leading end being positioned between the cutting faces and including a curved line that is more curved near the first cutting face than the second cutting face, the cutting faces each including a plurality of pyramid shaped rasp teeth, the first instrument comprising a stop and a wall, the stop forming a first interface with the first cutting face and a second interface with the wall, the stop including a side surface extending from the surface first interface to the second interface, the side surface extending perpendicular to the first cutting face and defining a third longitudinal axis that intersects the second cutting face along the second length, the wall extending at an acute angle relative to the first longitudinal axis, the second interface being rounded; and
a second instrument comprising a body, an implant interface coupled to the body of the second instrument, and a pusher stop that extends substantially perpendicularly from a core portion of the second instrument, the pusher stop extending parallel to the implant interface, the implant interface including a plurality of pyramid shaped teeth, the core portion comprising opposite first and second surfaces, the implant interface extending from the first surface to the second surface, the pusher stop extending from the first surface, the first surface being smooth about the pusher stop.

### Claim 18

A method of surgically treating vertebrae comprising:
providing a kit comprising:
a first instrument comprising a shaft extending along a first longitudinal axis between opposite first and second ends, the first instrument including a body extending along a second longitudinal axis between a leading end and an opposite trailing end, the second longitudinal axis extending transverse relative to the first longitudinal axis, the body including a first cutting face having a first maximum length along the second longitudinal axis and a second cutting face having a second maximum length along the second longitudinal axis, the second maximum length being greater than the first maximum length, the second end of the shaft being coupled to the trailing end, the leading end being positioned between the cutting faces and including a curved line that is more curved near the first cutting face than the second cutting face, the cutting faces each extending between the leading and trailing ends and including a plurality of pyramid shaped rasp teeth, the first instrument comprising a stop and a wall, the stop forming a first interface with the first cutting face and a second interface with the wall, the stop including a side surface extending from the first interface to the second interface, the side surface extending perpendicular to the first cutting face, the side surface defining a third longitudinal axis that intersects the second cutting face along the second maximum length, the wall extending at an acute angle relative to the first longitudinal axis from the shaft to the stop, the second interface being convexly curved, and
a second instrument comprising a body, an implant interface coupled to the body of the second instrument, and a pusher stop that extends substantially perpendicularly from a core portion of the second instrument, the pusher stop extending parallel to the implant interface, the implant interface including a plurality of pyramid shaped teeth, the core portion comprising opposite first and second surfaces, the implant interface extending from the first surface to the second surface, the pusher stop extending from the first surface, the first surface being smooth about the pusher stop;
separating vertebrae;
introducing the leading end of the first instrument between the vertebrae to remove tissue from one or more of the vertebrae;
advancing the first instrument until the stop terminates advancement of the first instrument by contacting one of the vertebrae;
engaging the implant interface with an implant;
inserting the implant between the vertebrae with the second instrument.

### Claim 19 (depends on 1)

A kit as recited in claim 1, wherein a third interface between the wall and the shaft is concavely curved.
