# US 10,864,022 B2 · Methods and apparatus for coupling a prosthesis to a spinal segment

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- Number: US 10,864,022 B2
- Document ID: US10864022B2
- Status: Granted
- Kind: B2
- Application number: 16/148,907
- Filed: 2018-10-01
- Published: 2019-01-31
- Granted: 2020-12-15
- Earliest claimed: 2008-09-03
- Assignees: Empirical Spine, Inc.
- Applicants: Empirical Spine, Inc.
- Inventors: Todd Alamin; Manish Kothari; Hugues Malandain; Colin Cahill; Louis Fielding
- Web page: https://patentgrep.com/patent/US10864022B2

## CPC

- A61B 17/7067: {Devices bearing against one or more spinous processes and also attached to another part of the spine; Tools therefor}
- A61B 17/7053: {with parts attached to bones or to each other by flexible wires, straps, sutures or cables}
- A61B 17/7055: {connected to sacrum, pelvis or skull}
- A61B 17/7062: {Devices acting on, attached to, or simulating the effect of, vertebral processes, vertebral facets or ribs (rib fixation devices A61B17/8076); Tools for such devices}
- A61B 2017/00725: {Calibration or performance testing}
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)

## Abstract

A method for coupling a prosthesis to a spinal segment in a patient includes the steps of selecting first and second reference points disposed along the spinal segment and pre-operatively measuring a target distance. The target distance extends between the first and second reference points while the patient is in a preferred posture such as the standing position. A prosthesis is coupled to the spinal segment and the prosthesis is then intra-operatively adjusted in order to set the distance between the first and second reference points based on the target distance.

## Claims

### Claim 1

A system for restricting flexion of a spinal segment in a spine of a patient, said system comprising:
a tether structure adapted to be coupled with the spinal segment or the spine;
a first compliance element coupled with the tether structure and configured to elastically elongate as tension is applied through the tether structure; and
a first constraining tool releasably coupled with the first compliance element so as to hold the first compliance element in a first desired position and allow a first predetermined amount of elastic elongation of the first compliance element as tension is applied to the first compliance element through the tether structure.

### Claim 2 (depends on 1)

The system of claim 1, wherein the first constraining tool comprises a cradle adapted to releasably hold the first compliance element.

### Claim 3 (depends on 1)

The system of claim 1, wherein the first constraining tool comprises a plurality of elongate arms, the plurality of arms forming a constraint to elongation of the first compliance element.

### Claim 4 (depends on 1)

The system of claim 1, wherein the first constraining tool applies a compressive force to the first compliance element.

### Claim 5 (depends on 1)

The system of claim 1, wherein the first constraining tool limits extension or elongation of the first compliance element after the first compliance element has extended or elongated by the first pre-determined amount.

### Claim 6 (depends on 1)

The system of claim 1, wherein the first constraining tool is adjustable so as to vary the desired position, tension or a range of the elastic elongation of the first compliance element.

### Claim 7 (depends on 1)

The system of claim 1, further comprising:
a second compliance element coupled with the tether structure and configured to elastically elongate as tension is applied through the tether structure; and
a second constraining tool releasably coupled with the second compliance element so as to hold the second compliance element in a second desired position and allow a second predetermined amount of elastic elongation of the second compliance element as tension is applied to the second compliance element through the tether structure, and
wherein the first and the second constraining tools are releasably and symmetrically coupled together so as to facilitate alignment and positioning of the first and the second compliance elements on opposite sides of a midline of the spinal segment.

### Claim 8 (depends on 7)

The system of claim 7, wherein the first and the second constraining tools are movable relative to one another along one degree of freedom, thereby accommodating varying thicknesses of the spinal segment or the spine.

### Claim 9 (depends on 7)

The system of claim 7, wherein the first or the second compliance element comprises a locking mechanism, and at least one of the first or the second constraining tools comprise an elongate shaft having a lumen adapted to receive and align a driver or other tool concentrically with the locking mechanism.

### Claim 10 (depends on 7)

The system of claim 7, wherein the first or the second compliance element releasably locks with the first or the second constraining tool.

### Claim 11

A system for restricting flexion of a spinal segment in a spine of a patient, said system comprising:
a first compliance element configured to be operably coupled with the spinal segment or the spine, the first compliance element configured to elastically elongate as tension is applied thereto; and
a first constraining tool releasably coupled with the first compliance element so as to hold the first compliance element in a first desired position and allow a first predetermined amount of elastic elongation of the first compliance element as tension is applied to the first compliance element.

### Claim 12 (depends on 11)

The system of claim 11, wherein the first constraining tool comprises a cradle adapted to releasably hold the first compliance element.

### Claim 13 (depends on 11)

The system of claim 11, wherein the first constraining tool comprises a plurality of elongate arms, the plurality of arms forming a constraint to elongation of the first compliance element.

### Claim 14 (depends on 11)

The system of claim 11, wherein the first constraining tool applies a compressive force to the first compliance element.

### Claim 15 (depends on 11)

The system of claim 11, wherein the first constraining tool limits extension or elongation of the first compliance element after the first compliance element has extended or elongated by the first pre-determined amount.

### Claim 16 (depends on 11)

The system of claim 11, wherein the first constraining tool is adjustable so as to vary the desired position, tension or a range of the elastic elongation of the first compliance element.

### Claim 17 (depends on 11)

The system of claim 11, further comprising:
a second compliance element adjacent the first compliance element, the second compliance element configured to be operably coupled with the spinal segment or the spine, and configured to elastically elongate as tension is applied thereto; and
a second constraining tool releasably coupled with the second compliance element so as to hold the second compliance element in a second desired position and allow a second predetermined amount of elastic elongation of the second compliance element as tension is applied to the second compliance element, and
wherein the first and the second constraining tools are releasably and symmetrically coupled together so as to facilitate alignment and positioning of the first and the second compliance elements on opposite sides of a midline of the spinal segment.

### Claim 18 (depends on 17)

The system of claim 17, wherein the first and the second constraining tools are movable relative to one another along one degree of freedom, thereby accommodating varying thicknesses of the spinal segment or the spine.

### Claim 19 (depends on 17)

The system of claim 17, wherein the first or the second compliance element comprises a locking mechanism, and at least one of the first or the second constraining tools comprise an elongate shaft having a lumen adapted to receive and align a driver or other tool concentrically with the locking mechanism.

### Claim 20 (depends on 17)

The system of claim 17, wherein the first or the second compliance element releasably locks with the first or the second constraining tool.
