# US 8,998,905 B2 · Methods and instruments for use in vertebral treatment

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- Number: US 8,998,905 B2
- Document ID: US8998905B2
- Status: Granted
- Kind: B2
- Application number: 13/098,026
- Filed: 2011-04-29
- Published: 2012-11-01
- Granted: 2015-04-07
- Earliest claimed: 2011-04-29
- Assignees: Warsaw Orthopedic, Inc.
- Applicants: Greg C. Marik; Newton H. Metcalf, Jr.; Danish Siddiqui; Vincent C. Traynelis
- Inventors: Greg C. Marik; Newton H. Metcalf, Jr.; Danish Siddiqui; Vincent C. Traynelis
- Web page: https://patentgrep.com/patent/US8998905B2

## CPC

- A61B 17/7064: {Devices acting on, attached to, or simulating the effect of, vertebral facets; Tools therefor}
- A61B 17/025: {Joint distractors}
- A61B 17/16: Instruments for performing osteoclasis; Drills or chisels for bones; Trepans {(arthroscopic bone cutters A61B17/320016)}
- A61B 17/1659: {Surgical rasps, files, planes, or scrapers}
- A61B 17/1671: {for the spine}
- A61F 2/4405: {for apophyseal or facet joints, i.e. between adjacent spinous or transverse processes (devices implanted between spinous or transverse processes A61B17/7062)}
- A61B 90/03: {Automatic limiting or abutting means, e.g. for safety}
- A61B 2017/0256: {for the spine}
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)
- 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

Embodiments of the invention include instruments, implants, and methods for surgically treating facet joints of vertebrae. An instrument may be advanced into one or more facet joints to one or both separate vertebrae and remove tissue from one or more articular processes. A stop on the instrument may be used to terminate advancement of the instrument by contacting a vertebra, and one or more implants may be placed into one or more facet joints.

## Claims

### Claim 1

A method of surgically treating vertebrae comprising:
separating vertebrae at one or more facet joints between articular processes of the vertebrae;
introducing a leading end of an instrument into at least one of the one or more facet joints to remove tissue from one or more articular processes, the leading end and a trailing end, the instrument comprising a first cutting face and an opposite second cutting face extending between the leading and trailing ends, the leading end comprising a curved incline;
advancing the instrument until a stop on the instrument terminates advancement of the instrument by contacting a vertebra, the stop extending from the first cutting face and the second cutting face being substantially free from having a stop; and
placing an implant into one or more of the facet joints,
wherein the act of placing an implant into one or more facet joints includes using a pusher instrument to advance the implant into at least one of the one or more facet joints, and
wherein the act of placing an implant into one or more facet joints using a pusher instrument includes using a pusher instrument with a stop on the pusher instrument that terminates advancement at least in part by contacting a portion of a vertebra.

### Claim 2 (depends on 1)

The method of claim 1 wherein the act of separating vertebrae at one or more facet joints includes separating vertebrae by inserting a wedge between articular processes of the vertebrae.

### Claim 3 (depends on 1)

The method of claim 1 wherein the act of separating vertebrae at one or more facet joints includes separating vertebrae by inserting an instrument with a bullet shaped tip between articular processes of the vertebrae.

### Claim 4 (depends on 1)

The method of claim 1 wherein the act of introducing an instrument into at least one of the one or more facet joints includes introducing an instrument with a cutting area to remove tissue from one of the articular processes as the instrument is introduced into the facet joint.

### Claim 5 (depends on 1)

The method of claim 1 wherein the act of introducing an instrument into at least one of the one or more facet joints includes introducing an instrument with a cutting area to remove tissue from both of the articular processes as the instrument is introduced into the facet joint.

### Claim 6 (depends on 1)

The method of claim 1 wherein the act of advancing the instrument until a stop on the instrument terminates advancement includes advancing an instrument with a stop that extends from a cutting area configured to contact a superior vertebra, wherein the stop on the instrument terminates advancement at least in part by contacting a portion of the superior vertebra.

### Claim 7 (depends on 6)

The method of claim 6 wherein the act of advancing the instrument until a stop on the instrument terminates advancement includes advancing an instrument with a stop that extends substantially perpendicularly from the cutting area configured to contact a superior vertebra.

### Claim 8 (depends on 1)

The method of claim 1 wherein the first cutting face and the second cutting face each include a plurality of rasp teeth.

### Claim 9 (depends on 1)

The method of claim 1 wherein the first cutting face and the second cutting face each include a plurality of rasp teeth each having a pyramid shape.

### Claim 10 (depends on 1)

The method of claim 1 wherein the first cutting face and the second cutting face each include a plurality of rasp teeth each having a pyramid shape, the rasp teeth being spaced apart from the curved incline.

### Claim 11 (depends on 1)

The method of claim 1 wherein the stop extends substantially perpendicularly from the first cutting face.

### Claim 12

A method for surgically treating vertebrae comprising:
separating and removing tissue from vertebrae at one or more facet joints between articular processes of the vertebrae with a single instrument extending between a leading end and a trailing end, the instrument comprising a first cutting face and an opposite second cutting face extending between the leading and trailing ends, the leading end comprising a curved incline that is more curved near the first cutting face than the second cutting face, wherein the single instrument is used to remove tissue from one or more articular processes by introducing the single instrument into at least one of the one or more facet joints;
advancing the leading end into at least one of the one or more facet joints until a stop on the instrument terminates advancement of the instrument by contacting a vertebra; and
using a pusher instrument to place an implant into one or more facet joints, the pusher comprising a stop that terminates advancement at least in part by contacting a portion of a vertebra.

### Claim 13 (depends on 12)

The method of claim 12 wherein the act of separating and removing tissue from vertebrae at one or more facet joints between articular processes of the vertebrae with a single instrument includes introducing a single instrument with a self-distracting leading end between the articular processes.

### Claim 14 (depends on 12)

The method of claim 12 wherein the act of separating and removing tissue from vertebrae at one or more facet joints between articular processes of the vertebrae with a single instrument includes introducing a single instrument with a cutting area to remove tissue from one of the articular processes as the instrument is introduced into at least one of the one or more facet joints.

### Claim 15 (depends on 12)

The method of claim 12 wherein the act of separating and removing tissue from vertebrae at one or more facet joints between articular processes of the vertebrae with a single instrument includes introducing a single instrument with a cutting area to remove tissue from both of the articular processes as the instrument is introduced into at least one of the one or more facet joints.

### Claim 16 (depends on 12)

The method of claim 12 wherein the act of separating and removing tissue from vertebrae at one or more facet joints between articular processes of the vertebrae with a single instrument includes advancing an instrument with a stop that extends from a cutting area configured to contact a superior vertebra, wherein the stop on the instrument terminates advancement at least in part by contacting a portion of the superior vertebra.

### Claim 17

A method of surgically treating vertebrae comprising:
separating vertebrae at one or more facet joints between articular processes of the vertebrae;
introducing an instrument with a leading end into at least one of the one or more facet joints to remove tissue from one or more articular processes, the leading end comprising a curved incline;
advancing the instrument until a stop on the instrument terminates advancement of the instrument by contacting a vertebra; and
using a pusher instrument to advance an implant into one or more of the facet joints such that a stop on the pusher instrument contacts a portion of a vertebra to terminate advancement of the implant.
