# US 8,771,358 B2 · Expandable push-in arcuate orthopedic implant

> Agents: this data is available as JSON from the patentgrep API and MCP server — see https://patentgrep.com/llms.txt

- Number: US 8,771,358 B2
- Document ID: US8771358B2
- Status: Granted
- Kind: B2
- Application number: 11/545,139
- Filed: 2006-10-10
- Published: 2007-02-08
- Granted: 2014-07-08
- Earliest claimed: 2000-02-04
- Assignees: Warsaw Orthopedic, Inc.
- Applicants: Gary Karlin Michelson
- Inventors: Gary Karlin Michelson
- Web page: https://patentgrep.com/patent/US8771358B2

## CPC

- A61F 2/44: for the spine, e.g. vertebrae or spinal discs
- 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 2/446: {having a circular or elliptical cross-section substantially parallel to the axis of the spine, e.g. cylinders or frustocones}
- A61F 2/4465: {having a circular or kidney shaped cross-section substantially perpendicular to the axis of the spine}
- A61B 17/8052: {immobilised relative to screws by interlocking form of the heads and plate holes, e.g. conical or threaded}
- A61B 17/86: Pins or screws {or threaded wires; nuts therefor (A61B17/72 take precedence)}
- A61F 2/28: Bones
- A61F 2/30744: {End caps, e.g. for closing an endoprosthetic cavity}
- 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 2/4611: {of spinal prostheses}
- 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 2002/30143: {hexagonal}
- A61F 2002/30187: {D-shaped or half-disc-shaped}
- A61F 2002/30261: {parallelepipedal}
- A61F 2002/30331: {made by longitudinally pushing a protrusion into a complementarily-shaped recess, e.g. held by friction fit}
- A61F 2002/30362: {with possibility of relative movement between the protrusion and the recess}
- A61F 2002/30392: {Rotation}
- A61F 2002/30405: {made by screwing complementary threads machined on the parts themselves}
- A61F 2002/305: {Snap connection}
- A61F 2002/30517: {using a locking plate}
- A61F 2002/30538: {for adjusting angular orientation}
- A61F 2002/30556: {for adjusting thickness}
- A61F 2002/30593: {hollow}
- A61F 2002/30616: {Sets comprising a plurality of prosthetic parts of different sizes or orientations}
- A61F 2002/30624: {Hinged joint, e.g. with transverse axle restricting the movement}
- A61F 2002/30632: {with rotation-limiting stops, e.g. projections or recesses}
- A61F 2002/30774: {internally-threaded}
- A61F 2002/30777: {Oblong apertures}
- A61F 2002/30779: {arcuate}
- A61F 2002/30785: {parallel}
- A61F 2002/30787: {inclined obliquely with respect to each other}
- A61F 2002/30789: {perpendicular with respect to each other}
- A61F 2002/3079: {Stepped or enlarged apertures, e.g. having discrete diameter changes}
- A61F 2002/30836: {knurled}
- A61F 2002/30841: {Sharp anchoring protrusions for impaction into the bone, e.g. sharp pins, spikes}
- A61F 2002/30891: {Plurality of protrusions}
- A61F 2002/30904: {serrated profile, i.e. saw-toothed}
- A61F 2002/30975: {made of two halves}
- 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 2220/0025: Connections or couplings between prosthetic parts, e.g. between modular parts; Connecting elements
- A61F 2220/0033: made by longitudinally pushing a protrusion into a complementary-shaped recess, e.g. held by friction fit
- A61F 2230/0017: Angular shapes
- A61F 2230/0034: D-shaped
- A61F 2230/0082: parallelepipedal
- A61F 2250/0006: for adjusting angular orientation
- A61F 2250/0009: for adjusting thickness
- 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 2310/00071: Nickel or Ni-based alloys
- A61F 2310/00179: Ceramics or ceramic-like structures
- A61F 2310/00293: containing a phosphorus-containing compound, e.g. apatite
- A61F 2310/00359: Bone or bony tissue
- A61F 2310/00407: Coating made of titanium or of Ti-based alloys
- 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 push-in interbody orthopedic implant having an expandable height for at least in part insertion at least in part between two adjacent bone masses.

## Claims

### Claim 1

A push-in orthopedic implant having a length for at least in part linear insertion at least in part between two adjacent bone masses, said implant comprising:
an upper member having a portion being at least in part arcuate adapted for placement toward and into contact with one of the adjacent bone masses, said upper member having at least one opening adapted to communicate with one of the adjacent bone masses, said upper member having a proximal end and a distal end;
a lower member having a portion being at least in part arcuate adapted for placement toward and into contact with the other of the adjacent bone masses, said lower member having at least one opening adapted to communicate with the other of the adjacent bone masses, said openings of said upper and lower members being in communication with one another and adapted for permitting for the growth of bone from adjacent bone mass to adjacent bone mass through said implant, said lower member having a proximal end and a distal end corresponding to said proximal end and said distal end of said upper member, respectively, said upper and lower members adapted to rotatably articulate about a pivot axis adjacent one of said proximal ends and said distal ends of said upper and lower members, the articulation of said upper and lower members allowing for expansion of a height of said implant, the pivot axis being transverse to a mid-longitudinal axis of said implant, said upper and lower members having a first position relative to one another allowing for a collapsed implant height and a second position relative to one another allowing for an increased height;
at least one blocker adapted to cooperatively engage and hold at least a portion of said upper and lower members apart so as to maintain the increased height of said implant and resist collapse of said implant to the collapsed implant height when said implant is in a final deployed position, said at least one blocker being configured to rotate about an axis of rotation generally parallel to the mid-longitudinal axis of said implant in a plane generally perpendicular to the mid-longitudinal axis of said implant and to remain in said plane while transitioning said upper and lower members from said first position to said second position, said at least one blocker having an upper surface, a lower surface, and side surfaces as defined when said at least one blocker is positioned to increase the height of said implant, said side surfaces intersecting said upper and said lower surfaces at two pairs of diametrically opposed junctions, said two pairs of diametrically opposed junctions being a pair of diametrically opposed corners and a pair of diametrically opposed arcs; and
a hollow defined between said upper and lower member, the pivot axis of said upper and lower members extending through said hollow.

### Claim 2 (depends on 1)

The push-in implant of claim 1, wherein the hollow defined between said upper and lower members is in communication with said openings in each of said upper and lower members, said hollow being adapted to receive fusion-promoting substances.

### Claim 3 (depends on 2)

The push-in implant of claim 2, wherein said hollow has a width that is unobstructed by any mechanism for moving said at least one blocker.

### Claim 4 (depends on 1)

The push-in implant of claim 1, wherein said implant has a constant width in both the first position and the second position.

### Claim 5 (depends on 1)

The push-in implant of claim 1, wherein said implant has side walls and said at least one blocker does not contact said side walls when said implant is in the final deployed position.

### Claim 6 (depends on 1)

The push-in implant of claim 1, wherein each of said upper and lower members have a track configured to permit said at least one blocker to seat therein.

### Claim 7 (depends on 1)

The push-in implant of claim 1, wherein said at least one blocker moves said upper and lower members from a parallel orientation relative to one another in the first position to one of a parallel and an angled orientation relative to one another in the second position.

### Claim 8 (depends on 1)

The push-in implant of claim 1, wherein said two diametrically opposed arcs are each of the same radius.

### Claim 9 (depends on 8)

The push-in implant of claim 8, wherein the distance across said two diametrically opposed arcs generally approximates the distance between said upper and lower surfaces of said at least one blocker.

### Claim 10 (depends on 1)

The push-in implant of claim 1, wherein said upper and lower members are configured to cooperate with one another so as to stop said upper and lower members from being moved apart from one another more than a predetermined distance.

### Claim 11 (depends on 1)

The push-in implant of claim 1, further comprising at least a portion of a bone-engaging projection adapted for linear insertion formed on exteriors of said upper and lower members for penetrably engaging the adjacent bone masses.

### Claim 12 (depends on 11)

The push-in implant of claim 11, wherein said bone-engaging projection is selected from one of a ratchet, a surface roughening, and a knurling.

### Claim 13 (depends on 1)

The push-in implant of claim 1, in combination with a bone growth promoting material.

### Claim 14 (depends on 13)

The push-in implant of claim 13, wherein said bone growth promoting material is selected from one of bone morphogenetic protein, hydroxyapatite, and genes coding for the production of bone.

### Claim 15 (depends on 1)

The push-in implant of claim 1, wherein said distal ends of said upper and lower members are symmetrical from side to side.

### Claim 16 (depends on 1)

The push-in implant of claim 1, wherein said at least one blocker has a first height dimension corresponding to the height of said at least one blocker when said implant is initially inserted between the adjacent bone masses, and said at least one blocker has a second height dimension corresponding to the height of said at least one blocker when said at least one blocker is rotated into a final deployed position of said at least one blocker to increase the height of said implant, said second height dimension of said at least one blocker being greater than said first height dimension of said at least one blocker, said first height and said second height being in a plane.

### Claim 17

A push-in orthopedic implant having a length for at least in part linear insertion at least in part between two adjacent bone masses, said implant comprising:
an upper member having a portion being at least in part arcuate adapted for placement toward and into contact with one of the adjacent bone masses, said upper member having at least one opening adapted to communicate with one of the adjacent bone masses, said upper member having a proximal end and a distal end;
a lower member having a portion being at least in part arcuate adapted for placement toward and into contact with the other of the adjacent bone masses, said lower member having at least one opening adapted to communicate with the other of the adjacent bone masses, said openings of said upper and lower members being in communication with one another and adapted for permitting for the growth of bone from adjacent bone mass to adjacent bone mass through said implant, said lower member having a proximal end and a distal end corresponding to said proximal end and said distal end of said upper member, respectively, said upper and lower members adapted to rotatably articulate about a pivot axis adjacent one of said proximal ends and said distal ends of said upper and lower members, the articulation of said upper and lower members allowing for expansion of a height of said implant, the pivot axis being transverse to a mid-longitudinal axis of said implant, said upper and lower members having a first position relative to one another allowing for a collapsed implant height and a second position relative to one another allowing for an increased height;
at least one blacker adapted to cooperatively engage and hold at least a portion of said upper and lower members apart so as to maintain the increased height of said implant and resist collapse of said implant to the collapsed implant height when said implant is in a final deployed position, said at least one blocker being configured to rotate about an axis of rotation generally parallel to the mid-longitudinal axis of said implant in a plane generally perpendicular to the mid-longitudinal axis of said implant and to remain in said plane while transitioning said upper and lower members from said first position to said second position, said at least one blocker having an upper surface, a lower surface, and side surfaces as defined when said at least one blocker is positioned to increase the height of said implant, said side surfaces intersecting said upper and said lower surfaces at two pairs of diametrically opposed junctions, said at least one blocker having a first height dimension corresponding to the maximum height of said at least one blocker when said implant is initially inserted between the adjacent bone masses, and said at least one blocker having a second height dimension corresponding to the maximum height of said at least one blacker when said at least one blacker is rotated into a final deployed position of said at least one blocker to increase the height of said implant, said second height dimension of said at least one blocker being greater than said first height dimension of said at least one blacker, said first height and said second height being in a plane; and
a hollow defined between said upper and lower member, the pivot axis of said upper and lower members extending through said hollow.

### Claim 18

A push-in orthopedic implant having a length for at least in part linear insertion at least in part between two adjacent bone masses, said implant comprising:
an upper member having a portion being at least in part arcuate adapted for placement toward and into contact with one of the adjacent bone masses, said upper member having at least one opening adapted to communicate with one of the adjacent bone masses, said upper member having a proximal end and a distal end;
a lower member having a portion being at least in part arcuate adapted for placement toward and into contact with the other of the adjacent bone masses, said lower member having at least one opening adapted to communicate with the other of the adjacent bone masses, said openings of said upper and lower members being in communication with one another and adapted for permitting for the growth of bone from adjacent bone mass to adjacent bone mass through said implant, said lower member having a proximal end and a distal end corresponding to said proximal end and said distal end of said upper member, respectively, said upper and lower members adapted to rotatably articulate about a pivot axis adjacent one of said proximal ends and said distal ends of said upper and lower members, the articulation of said upper and lower members allowing for expansion of a height of said implant, the pivot axis being transverse to a mid-longitudinal axis of said implant, said upper and lower members having a first position relative to one another allowing for a collapsed implant height and a second position relative to one another allowing for an increased height;
at least one blocker adapted to cooperatively engage and hold at least a portion of said upper and lower members apart so as to maintain the increased height of said implant and resist collapse of said implant to the collapsed implant height when said implant is in a final deployed position, said at least one blocker being configured to rotate about an axis of rotation generally parallel to the mid-longitudinal axis of said implant in a plane generally perpendicular to the mid-longitudinal axis of said implant and to remain in said plane while transitioning said upper and lower members from said first position to said second position, said at least one blocker having an upper surface, a lower surface, and side surfaces as defined when said at least one blocker is positioned to increase the said at least one blocker having a height dimension measured between said upper and lower surfaces greater than a thickness dimension measured parallel to the axis of rotation, said side surfaces intersecting said upper and said lower surfaces at two pairs of diametrically opposed junctions; and
a hollow defined between said upper and lower member, the pivot axis of said upper and lower members extending through said hollow, wherein said implant has side walls and said at least one blocker does not contact said side walls when said implant is in the final deployed position.