# US 8,623,091 B2 · Distractible intervertebral implant

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- Number: US 8,623,091 B2
- Document ID: US8623091B2
- Status: Granted
- Kind: B2
- Application number: 13/170,557
- Filed: 2011-06-28
- Published: 2012-03-22
- Granted: 2014-01-07
- Earliest claimed: 2010-06-29
- Assignees: DePuy Synthes Products, Inc.
- Applicants: Jann-Paul Suedkamp; Sean Saidha; Philipp Brun
- Inventors: Jann-Paul Suedkamp; Sean Saidha; Philipp Brun
- Web page: https://patentgrep.com/patent/US8623091B2

## 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)}
- A61B 17/86: Pins or screws {or threaded wires; nuts therefor (A61B17/72 take precedence)}
- A61F 2/442: {Intervertebral or spinal discs, e.g. resilient (non-disc-shaped intervertebral inflatable pockets A61F2/441; non-disc-shaped intervertebral fusion implants A61F2/4455)}
- A61F 2/4425: {made of articulated components}
- A61F 2/447: {substantially parallelepipedal, e.g. having a rectangular or trapezoidal cross-section}
- A61F 2002/2835: {Bone graft implants for filling a bony defect or an endoprosthesis cavity, e.g. by synthetic material or biological material}
- A61F 2002/3008: {radio-opaque, e.g. radio-opaque markers}
- A61F 2002/30387: {Dovetail connection}
- A61F 2002/30433: {using additional screws, bolts, dowels, rivets or washers e.g. connecting screws}
- A61F 2002/305: {Snap connection}
- A61F 2002/3052: {unrestrained in only one direction, e.g. moving unidirectionally}
- A61F 2002/30579: {with mechanically expandable devices, e.g. fixation devices}
- A61F 2002/30593: {hollow}
- A61F 2002/30604: {modular}
- A61F 2002/30779: {arcuate}
- A61F 2002/30787: {inclined obliquely with respect to each other}
- A61F 2002/30843: {Pyramidally-shaped}
- A61F 2002/30845: {with cutting edges}
- A61F 2220/0025: Connections or couplings between prosthetic parts, e.g. between modular parts; Connecting elements
- A61F 2220/0041: using additional screws, bolts, dowels or rivets, e.g. connecting screws
- A61F 2240/001: Designing or manufacturing processes
- A61F 2250/0008: for adjusting a position by translation along an axis or two perpendicular axes
- 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 2310/00041: Magnesium or Mg-based alloys
- A61F 2310/00131: Tantalum or Ta-based alloys
- A61F 2310/00179: Ceramics or ceramic-like structures
- A61F 2310/00293: containing a phosphorus-containing compound, e.g. apatite
- A61F 2310/00796: Coating or prosthesis-covering structure made of a phosphorus-containing compound, e.g. hydroxy(l)apatite
- 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)
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)

## Abstract

A distractible intervertebral implant configured to be inserted in an insertion direction into an intervertebral space that is defined between a first vertebral body and a second vertebral body is disclosed. The implant may include a first body and a second body. The first body may define an outer surface that is configured to engage the first vertebral body, and an opposing inner surface that defines a rail. The second body may define an outer surface that is configured to engage the second vertebral body, and an inner surface that defines a recess configured to receive the rail of the first body. The second body moves in a vertical direction toward the second vertebral body as the second body is slid over the first body and the rail is received in the recess.

## Claims

### Claim 1

A distractible intervertebral implant configured to be inserted into an intervertebral space along an insertion direction, the intervertebral space defined between a first vertebral body and a second vertebral body that is spaced from the first vertebral body along a vertical direction, the distractible intervertebral implant comprising:
a first implant body that defines an outer surface configured to face the first vertebral body when the first implant body is disposed in the intervertebral space, and an opposed inner surface that defines an angled leading end; and
a second implant body that defines an outer surface configured to face the second vertebral body when the second implant body is disposed in the intervertebral space, and an opposed inner surface that defines an angled leading end,
wherein the inner surface of one of the first implant body and the second implant body defines a rail and the inner surface of the other of the first implant body and the second implant body defines a recess configured to receive the rail when either or both of the first and second implant bodies is translated relative to the other implant body along the insertion direction, and
wherein the angled leading end of the first implant body is configured to cause the first vertebral body to move away from the second vertebral body along the vertical direction as the first implant body is inserted into the intervertebral space in the insertion direction and the angled leading end of the second implant body is configured to cause (i) the second implant body to move along the vertical direction as the second implant body is translated over the first implant body so as to further move the first vertebral body away from the second implant body along the vertical direction and (ii) the rail to be received by the recess such that the inner surfaces of the first and second implant bodies engage to provide stable mating between the first and second implant bodies.

### Claim 2 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the first implant body includes a middle region and a pair of first side regions each first side region extending from an opposed side of the middle region, the middle region protruding higher in the vertical direction from the side regions to thereby define the rail.

### Claim 3 (depends on 2)

The distractible intervertebral implant according to claim 2, wherein the middle region includes an anterior end and a posterior end, the posterior end angles toward the second implant body as the posterior end extends in a direction opposite the insertion direction, and the anterior end angles toward the second implant body as the anterior end extends in the insertion direction, one of the anterior end and the posterior end defining the leading angled end of the first implant body.

### Claim 4 (depends on 2)

The distractible intervertebral implant according to claim 2, wherein the middle region defines a top surface and opposing side surfaces extending down from the top surface, each side surface extending toward the other as the side surfaces extend down form the top surface to thereby define a dovetail shaped locking member.

### Claim 5 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the first implant body defines a bore that extends through the first implant body at an angle, the bore configured to receive a fixation member to thereby affix the first implant body to the first vertebral body.

### Claim 6 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the second implant body includes a pair of second side regions, and the recess is defined between the second side regions of the pair of second side regions.

### Claim 7 (depends on 6)

The distractible intervertebral implant according to claim 6, wherein the recess defines a top surface and opposing side surfaces that extend down from the top surface, each side surface extending toward the other as the side surfaces extend down from the top surface to thereby define a dovetail shaped channel.

### Claim 8 (depends on 6)

The distractible intervertebral implant according to claim 6, wherein the second side regions each include an anterior end and a posterior end, the posterior ends angle toward the first implant body as the posterior ends extend in a direction opposite the insertion direction, and the anterior ends extend toward the first implant body as the anterior ends extend in the insertion direction, one of the anterior ends and the posterior ends defining the angled leading end of the second implant body.

### Claim 9 (depends on 8)

The distractible intervertebral implant according to claim 8, wherein the anterior ends of each second side region defines a bore that extends completely through the second implant body at an angle, each bore configured to receive a fixation member to thereby affix the second implant body to the second vertebral body.

### Claim 10 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein each outer surface includes a plurality of engagement features.

### Claim 11 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein at least one of the first implant body and the second implant body includes a radiopaque marker.

### Claim 12 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein at least one of the first implant body and the second implant body includes a graft window that extends completely through the body in a direction that is transverse to the direction of insertion.

### Claim 13 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the angled leading end of the first implant body is configured to cause the first and second vertebral bodies to distract as the first implant body is inserted into the intervertebral space along the insertion direction, such that when the first implant body is disposed in the intervertebral space the first and second vertebral bodies are spaced from each other along the vertical direction by a first distance, and the second implant body is configured to further distract the first and second vertebral bodies as the second implant body is inserted into the intervertebral space along the insertion direction such that the first and second vertebral bodies are spaced from each other by a second distance that is greater than the first distance when the second implant body is disposed in the intervertebral space.

### Claim 14 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein when the rail is received by the recess the inner surfaces of the first and second implant bodies engage to provide stable mating between the first and second implant bodies such that the second implant body is rotatably fixed relative to the first implant body.

### Claim 15 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein when the rail is received by the recess the inner surfaces of the first and second implant bodies engage to provide stable mating between the first and second implant bodies such that the second implant body is translatably fixed relative to the first implant body along a direction angularly offset with respect to the insertion direction.

### Claim 16 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the inner surface of the first implant body defines the rail and the inner surface of the second implant body defines the recess.

### Claim 17 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the inner surface of the second implant body further defines an angled trailing ends and a flat section that extends between the angled leading and trailing ends.

### Claim 18 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the angled leading end of the second implant body causes the outer surface of the second implant body to move away from the outer surface of the first implant body.

### Claim 19 (depends on 1)

The distractible intervertebral implant according to claim 1, wherein the first implant body and the second implant body are configured to interlock to form a solid construct when the rail is received by the recess.

### Claim 20

A distractible intervertebral implant configured to be inserted into an intervertebral space along an insertion direction, the intervertebral space defined between a first vertebral body and a second vertebral body that is spaced from the first vertebral body along a vertical direction, the distractible intervertebral implant comprising:
a first implant body that includes a pair of first side regions and defines an outer surface configured to face the first vertebral body when the distractible intervertebral implant is disposed in the intervertebral space; and
a second implant body including a pair of second side regions and a middle region between the second side regions, each second side region having an anterior end that is angled toward the first implant body as the anterior end extends in the insertion direction, the second implant body defining an outer surface configured to face the second vertebral body when the distractible intervertebral implant is disposed in the intervertebral space,
the first implant body further including an anterior end that is angled toward the second implant body as the anterior end extends in the insertion direction and a posterior end that is angled toward the second implant body as the posterior end extends in a direction opposite the insertion direction,
wherein the middle region of the second implant body is configured to contact the anterior end of the first implant body as the second implant body is translated along the first implant body in the insertion direction and the anterior end of each second side region of the second implant body is configured to contact a respective one of the first side regions of the first implant body as the second implant body is translated along the first implant body in the insertion direction, thereby causing the outer surface of the second implant body to move away from the outer surface of the first implant body.

### Claim 21 (depends on 20)

The distractible intervertebral implant according to claim 20, wherein the first implant body further includes a middle region between the pair of first side regions, the middle region of the first implant body protruding higher in the vertical direction from the first side regions to thereby define a rail.

### Claim 22 (depends on 21)

The distractible intervertebral implant according to claim 21, wherein the middle region of the second implant body includes a recess defined between the pair of second side portions, the recess configured to receive the rail of the first implant body.

### Claim 23 (depends on 22)

The distractible intervertebral implant according to claim 22, wherein the middle region of the first implant body includes an anterior end and a posterior end, the anterior end angles toward the second implant body as the anterior end extends in the insertion direction, and the posterior end angles toward the second implant body as the posterior end extends in a direction opposite the insertion direction.

### Claim 24 (depends on 22)

The distractible intervertebral implant according to claim 22, wherein the middle region of the first implant body defines a top surface and opposing side surfaces extending down form the top surface, each side surface extending toward the other as the side surfaces extend down form the top surface to thereby define a dovetail shaped locking member.

### Claim 25 (depends on 24)

The distractible intervertebral implant according to claim 24, wherein the recess defines a top surface and opposing side surfaces that extend down from the top surface, each side surface extending toward the other as the side surfaces extend down from the top surface to thereby define a dovetail shaped channel.

### Claim 26 (depends on 20)

The distractible intervertebral implant according to claim 20, wherein the second implant body defines a pair of bores, each bore extending through the anterior end of a respective second side region of the second implant body, each bore configured to receive a fixation member to thereby affix the second implant body to the second vertebrae.

### Claim 27 (depends on 20)

The distractible intervertebral implant according to claim 20, wherein the first implant body defines a bore that extends through the body at an angle, the bore configured to receive a fixation member to thereby affix the first body to the first vertebrae.

### Claim 28 (depends on 20)

The distractible intervertebral implant according to claim 20, wherein each outer surface includes a plurality of engagement features.

### Claim 29 (depends on 20)

The distractible intervertebral implant according to claim 20, wherein at least one of the first implant body and the second implant body includes a radiopaque marker.

### Claim 30 (depends on 20)

The distractible intervertebral implant according to claim 20, wherein at least one of the first implant body and the second implant body includes a graft window that extends completely through the body in a direction that is transverse to the direction of insertion.
