# US 11,026,806 B2 · Intervertebral implant

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- Number: US 11,026,806 B2
- Document ID: US11026806B2
- Status: Granted
- Kind: B2
- Application number: 15/628,834
- Filed: 2017-06-21
- Published: 2017-10-12
- Granted: 2021-06-08
- Earliest claimed: 2006-12-07
- Assignees: DePuy Synthes Products, Inc.
- Applicants: DePuy Synthes Products, Inc.
- Inventors: Fausto Olmos; Brad S. Culbert; Bob Flower
- Web page: https://patentgrep.com/patent/US11026806B2

## CPC

- A61F 2/447: {substantially parallelepipedal, e.g. having a rectangular or trapezoidal cross-section}
- A01H 5/12: Leaves
- A24B 13/00: Tobacco for pipes, for cigars, e.g. cigar inserts, or for cigarettes; Chewing tobacco; Snuff (reconstituted tobacco products A24B3/14)
- A24B 15/18: Treatment of tobacco products or tobacco substitutes
- A24D 1/00: Cigars; Cigarettes
- A24F 47/00: Smokers' requisites not otherwise provided for
- A61B 17/025: {Joint distractors}
- A61F 2/30771: {applied in original prostheses, e.g. holes or grooves}
- A61F 2/4455: {for the fusion of spinal bodies, e.g. intervertebral fusion of adjacent spinal bodies, e.g. fusion cages (intervertebral discs A61F2/442)}
- A61F 2/4611: {of spinal prostheses}
- A61F 2/4657: {Measuring instruments used for implanting artificial joints (for surgical instruments A61B90/06)}
- A61B 2017/0256: {for the spine}
- A61F 2002/3055: {for adjusting length}
- A61F 2002/30062: {(bio)absorbable, biodegradable, bioerodable, (bio)resorbable, resorptive}
- A61F 2002/30092: {using shape memory or superelastic materials, e.g. nitinol}
- A61F 2002/30387: {Dovetail connection}
- A61F 2002/30507: {using a threaded locking member, e.g. a locking screw or a set screw}
- A61F 2002/30522: {releasable, e.g. using a releasable ratchet}
- A61F 2002/30523: {by means of meshing gear teeth}
- A61F 2002/30579: {with mechanically expandable devices, e.g. fixation devices}
- A61F 2002/30593: {hollow}
- A61F 2002/30677: {Means for introducing or releasing pharmaceutical products, e.g. antibiotics, into the body}
- A61F 2002/30785: {parallel}
- A61F 2002/30892: {parallel}
- A61F 2002/448: {comprising multiple adjacent spinal implants within the same intervertebral space or within the same vertebra, e.g. comprising two adjacent spinal implants}
- A61F 2002/4629: {connected to the endoprosthesis or implant via a threaded connection}
- A61F 2002/4659: {for measuring a diameter}
- A61F 2002/4661: {for measuring thickness}
- A61F 2002/4667: {for measuring torque}
- A61F 2210/0004: bioabsorbable
- A61F 2220/0025: Connections or couplings between prosthetic parts, e.g. between modular parts; Connecting elements
- A61F 2310/00017: Iron- or Fe-based alloys, e.g. stainless steel
- A61F 2310/00023: Titanium or titanium-based alloys, e.g. Ti-Ni alloys
- Y02E 50/10: Biofuels, e.g. bio-diesel
- 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)
- A01H: NEW PLANTS OR {NON-TRANSGENIC} PROCESSES FOR OBTAINING THEM; PLANT REPRODUCTION BY TISSUE CULTURE TECHNIQUES
- A24B: MANUFACTURE OR PREPARATION OF TOBACCO FOR SMOKING OR CHEWING; TOBACCO; SNUFF
- A24D: CIGARS; CIGARETTES; TOBACCO SMOKE FILTERS; MOUTHPIECES OF CIGARS OR CIGARETTES; MANUFACTURE OF TOBACCO SMOKE FILTERS OR MOUTHPIECES
- A24F: SMOKERS' REQUISITES; MATCH BOXES; SIMULATED SMOKING DEVICES (inhaling appliances for medical purposes, shaped like cigars, cigarettes or pipes A61M15/06)
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)
- Y02E: REDUCTION OF GREENHOUSE GAS [GHG] EMISSIONS, RELATED TO ENERGY GENERATION, TRANSMISSION OR DISTRIBUTION

## Abstract

An adjustable spinal fusion intervertebral implant is provided that can comprise upper and lower body portions that can each have proximal and distal wedge surf aces disposed at proximal and distal ends thereof. An actuator shaft disposed intermediate the upper and lower body portions can be actuated to cause proximal and distal protrusions to converge towards each other and contact the respective ones of the proximal and distal wedge surfaces. Such contact can thereby transfer the longitudinal movement of the proximal and distal protrusions against the proximal and distal wedge surfaces to cause the separation of the upper and lower body portions, thereby expanding the intervertebral implant. The upper and lower body portions can have side portions that help facilitate linear translational movement of the upper body portion relative to the lower body portion.

## Claims

### Claim 1

A method of implanting an expandable intervertebral implant comprising:
positioning the implant between two vertebral bodies via a transforaminal approach, wherein the implant comprises:
upper and lower body portions each having respective first and second surfaces, the first and second surfaces of the upper and lower body portions generally facing each other, wherein the upper and lower body portions are one-piece structures from their respective first surfaces to their respective second surfaces;
vertebral engaging projections that extend from the upper and lower body portions;
a threaded shaft disposed between the upper and lower body portions, the threaded shaft having a first end and a second end spaced from the first end in a select direction;
an outer sleeve threadedly coupled to the first end of the threaded shaft, wherein the outer sleeve supports a first wedge member that defines first ramp surfaces, and the outer sleeve extends out from the first wedge member in the select direction; and
a second wedge member carried by the threaded shaft at a location spaced from the first wedge member in the select direction, wherein the second wedge member defines second ramp surfaces sloped opposite the first ramp surfaces;
after the positioning step, causing relative rotation between the outer sleeve and the threaded shaft about a shaft axis so as to cause the first wedge member to threadedly move with respect to the threaded shaft toward the second wedge member, wherein the causing step forces 1) the first ramp surfaces against the first surfaces of the upper and lower body portions, and 2) the second ramp surfaces against the second surfaces of the upper and lower body portions, thereby increasing a distance between the upper and lower body portions; and
wherein the causing step causes an alignment projection to ride in an alignment opening, thereby restricting movement of the upper body portion relative to the lower body portion to a direction substantially perpendicular to the shaft axis.

### Claim 2 (depends on 1)

The method of claim 1, wherein the expandable intervertebral implant further comprises a head that extends out from the threaded shaft, the method comprising the steps of receiving the head in the second wedge member, and the causing step causes relative rotation between both the threaded shaft and head with respect to the second wedge member while the head is received in the second wedge member.

### Claim 3 (depends on 1)

The method of claim 1, further comprising the step of maintaining the upper and lower body portions at the increased distance after the causing step while the first wedge member is forced against the first surfaces of the upper and lower body portions, respectively, and the second wedge member is forced against the second surfaces of the upper and lower body portions, respectively.

### Claim 4 (depends on 1)

The method of claim 1, wherein the first wedge member is not threadedly coupled to the outer sleeve.

### Claim 5

A method of implanting an expandable intervertebral implant comprising:
positioning the implant between two vertebral bodies via a transforaminal approach, wherein the implant comprises:
upper and lower body portions each having first and second surfaces at first and second ends thereof, the first and second surfaces of the upper and lower body portions generally facing each other;
an actuator shaft disposed between the upper and lower body portions, the actuator shaft comprising an inner member and an outer sleeve member moveable relative to the inner member, the inner member having first and second ends and at least one retention structure disposed therebetween, the outer sleeve member having a first end and a second end opposite the first end in a select direction, the outer sleeve member further having at least one complementary retention structure that engages the retention structure of the inner member to facilitate selective relative movement in a direction opposite the select direction of the outer sleeve member toward the second end of the inner member;
a first wedge member supported by the outer sleeve member at a location spaced from the first end of the outer sleeve member in the select direction, wherein the complementary retention structure extends along a longitudinal direction that includes the select direction and the direction opposite the select direction, and wherein the first wedge member is not threadedly coupled to the second end of the outer sleeve; and
a second wedge member disposed at the second end of the inner member; and
moving the outer sleeve member toward the second end of the inner member of the actuator shaft to force the first wedge member against the first surfaces of the upper and lower body portions, respectively, and to force the second wedge member against the second surfaces of the upper and lower body portions, respectively, thereby expanding the implant such that a distance between respective entireties of the upper and lower body portions is increased.

### Claim 6 (depends on 5)

The method of claim 5, wherein moving the inner member of the actuator shaft comprises causing relative rotation between the inner member and the outer sleeve member.

### Claim 7 (depends on 5)

The method of claim 5, wherein the first wedge member includes engagement surfaces, and the first surfaces of the upper and lower body portions include complementary engagement surfaces configured to engage the engagement surfaces of the first wedge member, such that movement of the inner member of the actuator shaft and the outer sleeve member toward each other causes the engagement surfaces of the first wedge member to ride along the complementary engagement surfaces, respectively, thereby forcing the first wedge member against the first surfaces of the upper and lower body portions.

### Claim 8 (depends on 7)

The method of claim 7, wherein the first and second wedge members maintain the upper and lower body portions at a given separation distance.

### Claim 9 (depends on 5)

The method of claim 5, wherein the second wedge member includes engagement surfaces, and the second surfaces of the upper and lower body portions include complementary engagement surfaces configured to engage the engagement surfaces of the second wedge member, such that movement of the inner member of the actuator shaft and the outer sleeve member toward each other causes the engagement surfaces of the second wedge member to ride along the complementary engagement surfaces, respectively, thereby forcing the second wedge member against the second surfaces of the upper and lower body portions.

### Claim 10 (depends on 9)

The method of claim 9, wherein the first and second wedge members maintain the upper and lower body portions at a given separation distance.

### Claim 11 (depends on 5)

The method of claim 5, wherein the implant further comprises an alignment guide extending at least partially through the upper and lower body portions.

### Claim 12 (depends on 11)

The method of claim 11, wherein the alignment guide restricts the expanding of the implant to a direction substantially orthogonal to an axis of the actuator shaft.

### Claim 13 (depends on 5)

The method of claim 5, wherein the retention structure of the inner member and the complementary retention structure of the outer sleeve member define threads that threadedly mate with each other, such that the outer sleeve member is threadedly coupled to the inner member, and the moving step comprises rotating the inner member relative to the outer sleeve member.

### Claim 14 (depends on 13)

The method of claim 13, wherein the retention structure of the inner member and the complementary retention structure of the outer sleeve member engage so as to resist movement of the first end of the sleeve member away from the second end of the inner member.

### Claim 15 (depends on 5)

The method of claim 5, wherein the first wedge is supported by the second end of the outer sleeve member, and remains at the second end of the outer sleeve member throughout the moving step.

### Claim 16 (depends on 15)

The method of claim 15, wherein the second wedge member remains at the second end of the inner member throughout the moving step.

### Claim 17 (depends on 5)

The method of claim 5, wherein the second wedge member remains at the second end of the inner member throughout the moving step.

### Claim 18 (depends on 5)

The method of claim 5, wherein the first wedge member defines first ramp surfaces that span a first distance along the longitudinal direction, and the outer sleeve extends out from the first wedge member a second distance along the longitudinal direction that is greater than the first distance.