# US 8,562,683 B2 · System and method for spinal fusion

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- Number: US 8,562,683 B2
- Document ID: US8562683B2
- Status: Granted
- Kind: B2
- Application number: 12/837,579
- Filed: 2010-07-16
- Published: 2010-11-04
- Granted: 2013-10-22
- Earliest claimed: 2004-09-14
- Assignees: Aeolin, LLC
- Applicants: Laurence M. McKinley
- Inventors: Laurence M. McKinley
- Web page: https://patentgrep.com/patent/US8562683B2

## 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 2/30965: {Reinforcing the prosthesis by embedding particles or fibres during moulding or dipping}
- A61F 2002/2817: {Bone stimulation by chemical reactions or by osteogenic or biological products for enhancing ossification, e.g. by bone morphogenetic or morphogenic proteins [BMP] or by transforming growth factors [TGF]}
- A61F 2002/2835: {Bone graft implants for filling a bony defect or an endoprosthesis cavity, e.g. by synthetic material or biological material}
- A61F 2002/30062: {(bio)absorbable, biodegradable, bioerodable, (bio)resorbable, resorptive}
- A61F 2002/3008: {radio-opaque, e.g. radio-opaque markers}
- A61F 2002/30451: {soldered or brazed or welded}
- A61F 2002/30522: {releasable, e.g. using a releasable ratchet}
- A61F 2002/30538: {for adjusting angular orientation}
- A61F 2002/30556: {for adjusting thickness}
- A61F 2002/30579: {with mechanically expandable devices, e.g. fixation devices}
- A61F 2002/30593: {hollow}
- A61F 2002/30774: {internally-threaded}
- A61F 2002/30785: {parallel}
- A61F 2002/30841: {Sharp anchoring protrusions for impaction into the bone, e.g. sharp pins, spikes}
- A61F 2002/30879: {Ribs}
- 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 2002/4627: {with linear motion along or rotating motion about the instrument axis or the implantation direction, e.g. telescopic, along a guiding rod, screwing inside the instrument}
- A61F 2002/4629: {connected to the endoprosthesis or implant via a threaded connection}
- A61F 2210/0004: bioabsorbable
- A61F 2220/0025: Connections or couplings between prosthetic parts, e.g. between modular parts; Connecting elements
- A61F 2220/0058: soldered or brazed or welded
- A61F 2250/0006: for adjusting angular orientation
- A61F 2250/0009: for adjusting thickness
- A61F 2250/0098: radio-opaque, e.g. radio-opaque markers
- 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
- 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

The current invention is directed to a system and method for fusing two adjacent vertebrae. In one embodiment, the vertebrae are fused by inserting a self-broaching interbody apparatus into a disc space without the need for separately drilling and broaching. The self-broaching interbody apparatus may include cutting flutes or other broaching means capable of cutting through the cartilaginous endplates of the vertebrae. In another embodiment, an interbody apparatus with an expanding means capable of distracting the disc space between the adjacent vertebrae is inserted into the disc space. Another embodiment includes a sleeve that fits around an interbody apparatus that has at least one opening in its outer surface leading to a cavity filled with bone and/or ortho-biological materials.

## Claims

### Claim 1

A spinal fusion system for fusing a first and second adjacent vertebrae, comprising:
an interbody apparatus defining a body cavity having insertion and trailing ends and at least one opening, the cavity designed to contain a material capable of fusing with said adjacent vertebrae, the outside surface of the interbody apparatus sized to be insertable into a surgical opening; and
a sleeve with an insertion end, a trailing end, an inside surface and an outside surface, the inside surface sized such that the sleeve surrounds and slidably receives the outer surface of the interbody apparatus, including fully overlapping at least the at least one opening of the body cavity such that the sleeve substantially prevents the escape of any material contained within the interbody apparatus outside of said sleeve.

### Claim 2 (depends on 1)

The spinal fusion system of claim 1, wherein a distance between the inside surface of the sleeve and an outer surface of the interbody apparatus is approximately 0.5 mm to 3 mm.

### Claim 3 (depends on 1)

The spinal fusion system of claim 1, wherein a distance between the inside surface of the sleeve and an outer surface of the interbody apparatus is approximately 1 mm.

### Claim 4 (depends on 1)

The spinal fusion system of claim 1, wherein the interbody apparatus is configured to slide within the length of the sleeve from the trailing end to the insertion end of the sleeve.

### Claim 5 (depends on 4)

The spinal fusion system of claim 4, further comprising a substantially rigid insertion rod sized to fit through the trailing end opening of the sleeve.

### Claim 6 (depends on 5)

The spinal fusion system of claim 5, wherein the sleeve is approximately the same length as the insertion rod.

### Claim 7 (depends on 4)

The spinal fusion system of claim 4, wherein the materials capable of fusing with said adjacent vertebrae comprises at least one of bone and ortho-biological materials, and
wherein the inner surface of the sleeve fits around the outer surface of the interbody apparatus such that the at least one of bone and ortho-biological materials are kept substantially within the cavity.

### Claim 8 (depends on 4)

The spinal fusion system of claim 4, wherein the interbody apparatus is self-broaching.

### Claim 9 (depends on 1)

The spinal fusion system of claim 1, wherein the sleeve comprises plastic.

### Claim 10 (depends on 1)

The spinal fusion system of claim 1, wherein the sleeve comprises metal.

### Claim 11 (depends on 1)

The spinal fusion system of claim 1, wherein the sleeve comprises bio-absorbable material.

### Claim 12 (depends on 1)

The spinal fusion system of claim 1, wherein the sleeve is rigid.

### Claim 13 (depends on 12)

The spinal fusion system of claim 12, wherein the outer surface of the sleeve at the insertion end is larger than a distance between said adjacent vertebrae.

### Claim 14 (depends on 1)

The spinal fusion system of claim 1, wherein the sleeve is flexible.

### Claim 15 (depends on 1)

The spinal fusion system of claim 1, wherein the interbody apparatus is self-broaching and is configured to be inserted between said adjacent vertebrae.

### Claim 16 (depends on 15)

The spinal fusion system of claim 15, wherein the insertion end of the interbody apparatus includes cutting flutes, the cutting flutes projecting from the outside surface in a first direction and configured to cut through a cartilage layer on at least one of said adjacent vertebrae.

### Claim 17 (depends on 16)

The spinal fusion system of claim 16, further comprising a keel projecting in substantially the first direction, fixed to the outside surface and aligned behind at least one of the cutting flutes.

### Claim 18 (depends on 15)

The spinal fusion system of claim 15, wherein the trailing end includes an edge that projects at least partially outward, such that when the interbody apparatus sits between said adjacent vertebrae, the edge exerts force on said adjacent vertebrae.

### Claim 19 (depends on 15)

The spinal fusion system of claim 15, wherein the interbody apparatus further comprises an upper surface, a lower surface and an expanding means,
wherein the expanding means is capable of moving the interbody apparatus from an unexpanded state, where the upper and lower surfaces are at a first distance from each other, to an expanded state, where the upper and lower surfaces are at a second and greater distance from each other.

### Claim 20

A method for fusing two adjacent vertebrae, comprising:
providing an interbody apparatus having at least one cavity therein that opens to an outer surface of the interbody apparatus, the cavity containing at least one of bone and ortho-biological material capable of producing a fusion between said adjacent vertebrae;
providing a sleeve having an insertion end, a trailing end, an inside surface and an outside surface, wherein the inside surface sized such that the sleeve surrounds and slidably receives the outer surface of the interbody apparatus, including fully overlapping at least the opening to the at least one cavity, and hold the at least one of bone and ortho-biological material within the cavity such that the sleeve substantially prevents the escape of any material contained within the interbody apparatus outside of said sleeve;
positioning the insertion end of the sleeve at an opening between said adjacent vertebrae; and
moving the interbody apparatus completely through the sleeve and between said adjacent vertebrae.
