# US 2013/0158667 A1 · Expandable interbody device system and method

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- Number: US 2013/0158667 A1
- Document ID: US20130158667A1
- Status: Published application
- Kind: A1
- Application number: 13/678,238
- Filed: 2012-11-15
- Published: 2013-06-20
- Earliest claimed: 2011-11-17
- Assignees: Exactech, Inc.
- Inventors: Derek A. Tabor; Larry G. Hickey
- Web page: https://patentgrep.com/patent/US20130158667A1

## CPC

- 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 2002/30387: {Dovetail connection}
- A61F 2002/30482: {using a locking cam}
- A61F 2002/305: {Snap connection}
- A61F 2002/30556: {for adjusting thickness}
- A61F 2002/30616: {Sets comprising a plurality of prosthetic parts of different sizes or orientations}
- A61F 2002/30772: {Apertures or holes, e.g. of circular cross section}
- A61F 2002/30904: {serrated profile, i.e. saw-toothed}
- 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: 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

Provided is an intervertebral implant to be implanted within an intervertebral space between endplates of adjacent vertebra during use. The implant includes an upper member having an inferior surface including an upper guide track and a superior surface to contact an endplate of an upper one of the adjacent vertebra during use, a lower member having a superior surface including a lower guide track and an inferior surface to contact an endplate of a lower one of the adjacent vertebra during use, and an insert having a superior surface including an upper guide rail to engage the upper guide track during use and an inferior surface including a lower guide rail to engage the lower guide track during use. Engagement of the upper and lower guide rails with the upper and lower guide tracks, respectively, guides insertion of the insert between the upper and lower members during use, and insertion of the insert between the upper and lower members facilitates expansion of the intervertebral implant.

## Claims

### Claim at position 1

1-32. (canceled)

### Claim 33

An intervertebral implant configured to be implanted within an intervertebral space between endplates of adjacent vertebra during use, the implant comprising:
a first member comprising:
an interior surface comprising an first guide track; and
an exterior surface configured to contact an endplate of a first of the adjacent vertebra during use;
a second member comprising:
an interior surface comprising a second guide track; and
an exterior surface configured to contact an endplate of a second of the adjacent vertebra during use; and
an insert comprising:
a first exterior surface comprising a first guide rail configured to engage the first guide track during use; and
a second exterior surface comprising a second guide rail configured to engage the second guide track during use,
wherein engagement of the first and second guide rails with the first and second guide tracks, respectively, guides insertion of the insert between the first and second members during use, and wherein insertion of the insert between the first and second members facilitates expansion of the intervertebral implant.

### Claim 34 (depends on 33)

The implant of claim 33, wherein the insert comprises a retaining feature, wherein at least one of the first and second members comprises a complementary retaining feature configured to engage the retaining feature of the insert to inhibit back-out of the insert from between the first and second members during use.

### Claim 35 (depends on 34)

The implant of claim 34, wherein the retaining feature of the insert comprises a protrusion, and wherein the complementary retaining feature of at least one of the first and second members comprises a complementary protrusion.

### Claim 36 (depends on 34)

The implant of claim 34, wherein the retaining feature of the insert comprises a protrusion having a ramped leading surface and a trailing edge, and wherein the complementary retaining feature comprises a complementary protrusion having a ramped leading surface and a trailing edge,
wherein, during insertion of the insert, the ramped leading surfaces are configured to slidingly engage and move past one another such that the trailing edges engage one another to inhibit movement of the insert relative to the at least one of the first and second members.

### Claim 37 (depends on 36)

The implant of claim 36, wherein at least one of the protrusions deflects relative to the other of the protrusions to generate a snap-fit of the trailing edges.

### Claim 38

(canceled)

### Claim 39

(canceled)

### Claim 40 (depends on 33)

The implant of claim 33, wherein engagement of the first and second guide tracks with the first and second guide rails, respectively, inhibits lateral movement of the of the first and second members relative to the insert, and wherein at least one of the first and second guide tracks is configured to interlock with the first and second guide rails, respectively, to inhibit vertical separation of the insert from the first or second member.

### Claim 41

(canceled)

### Claim 42 (depends on 33)

The implant of claim 33, wherein at least one of the first and second guide tracks comprises a dovetailed groove, and wherein at least one of the first and second guide rails comprises a complementary dovetailed groove configured to interlock with the dovetailed groove.

### Claim 43

(canceled)

### Claim 44

(canceled)

### Claim 45 (depends on 33)

The implant of claim 33, wherein each of the first member, the second member and the insert comprises openings that at least partially align during use to define a vertical opening extending between the exterior surfaces of the first and second members, wherein the vertical opening facilitates bone through growth between the first and second vertebra during use.

### Claim 46 (depends on 33)

The implant of claim 33, wherein at least one of the first and second members comprises a stop to limit longitudinal advancement of the insert between the first and second members.

### Claim 47 (depends on 46)

The implant of claim 46, wherein the stop comprises a lip configured to engage a complementary lip of the insert.

### Claim 48

(canceled)

### Claim 49 (depends on 48)

The implant of claim 48, wherein the exterior surfaces of the first and second members each comprises protrusions configured to engage the endplates of the first and second vertebra, respectively, and wherein the protrusions comprise a ramped leading surface and a substantially vertical trailing edge such that the protrusions are configured to facilitate insertion of the first and second members into the intervertebral space and to inhibit removal of the of the first and second members from the intervertebral space.

### Claim 50 (depends on 33)

The implant of claim 33, wherein trailing ends of the first and second members comprise tool engagement features configured to be engaged by an insertion tool.

### Claim 51 (depends on 50)

The implant of claim 50, wherein the insertion tool engage the tool engagement features during use, and wherein the insertion tool is expanded to distract the first member of the implant relative to the second member of the implant to facilitate insertion of the insert between the first and second members of the implant.

### Claim 52 (depends on 50)

The implant of claim 50, wherein the insertion tool comprises a first guide track configured to be engaged by the first guide rail of the insert and a second tool guide track configured to be engaged by the second guide rail of the insert.

### Claim 53 (depends on 50)

The implant of claim 50, wherein the insertion tool comprises:
a first tool elongate member comprising:
a distal end configured to couple to a trailing end of the first member; and
a first tool guide track extending longitudinally along the first tool elongate member, wherein the first tool guide track is configured to be engaged by the first guide rail of the insert during use, and wherein the first tool guide track substantially aligns with the first guide track of the upper member of the implant during use;
a second tool elongate member comprising:
a distal end configured to couple to a trailing end of the second member; and
a second tool guide track extending longitudinally along the second tool elongate member, wherein the second tool guide track is configured to be engaged by the second guide rail of the insert during use, and wherein the second tool guide track substantially aligns with the second guide track of the second member of the implant during use;

### Claim 54

(canceled)

### Claim 55

(canceled)

### Claim 56

(canceled)

### Claim 57 (depends on 33)

The implant of claim 33, wherein the intervertebral implant comprises an actuatable locking mechanism coupling the insert to the first and second members of the implant during use to inhibit back-out of the insert from between the first and second members.

### Claim 58

(canceled)

### Claim 59 (depends on 57)

The implant of claim 57, wherein the locking mechanism is rotatably actuatable between a locked position and an unlocked position, and wherein the locking member comprises a unitary member that substantially simultaneously engages complementary locking recesses of the first and second members during use.

### Claim 60

(canceled)

### Claim 61

(canceled)

### Claim 62

(canceled)

### Claim 63 (depends on 33)

The implant of claim 33, wherein the intervertebral implant is disposed adjacent another intervertebral implant during use.

### Claim 64 (depends on 63)

The implant of claim 63, wherein the intervertebral implants are disposed on opposite sides of a sagittal plane of the vertebra during use.

### Claim at position 34

65-106. (canceled)

### Claim 107

A method of implanting an intervertebral implant within an intervertebral space between endplates of adjacent vertebra, comprising:
inserting a first member into the intervertebral space such that an exterior surface of the first member contacts an endplate of a first of the adjacent vertebra, wherein the first member comprises an interior surface comprising a first guide track;
inserting a second member into the intervertebral space such that an exterior surface of the second member contacts an endplate of a second of the adjacent vertebra, wherein the second member comprises an interior surface comprising a second guide track;
inserting, between the first and second members, an insert comprising:
a first exterior surface comprising a first guide rail; and
a second exterior surface comprising a second guide rail,
wherein the first guide rail engages the second guide track,
wherein engagement of the first and second guide rails with the first and second guide tracks, respectively, guides insertion of the insert between the first and second members, and wherein insertion of the insert between the first and second members facilitates expansion of the intervertebral implant.

### Claim at position 36

108-148. (canceled)