# US 9,517,140 B2 · Apparatus for use in spinal interbody fusion

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- Number: US 9,517,140 B2
- Document ID: US9517140B2
- Status: Granted
- Kind: B2
- Application number: 14/550,208
- Filed: 2014-11-21
- Published: 2015-03-26
- Granted: 2016-12-13
- Earliest claimed: 2013-03-12
- Assignees: Spine Wave, Inc.
- Applicants: Spine Wave, Inc.
- Inventors: Scott McLean; Fabio Amaral Pinto; Peter Barreiro; David Boisvert
- Web page: https://patentgrep.com/patent/US9517140B2

## CPC

- A61F 2/4611: {of spinal prostheses}
- 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 2/4455: {for the fusion of spinal bodies, e.g. intervertebral fusion of adjacent spinal bodies, e.g. fusion cages (intervertebral discs A61F2/442)}
- A61F 2/447: {substantially parallelepipedal, e.g. having a rectangular or trapezoidal cross-section}
- A61F 2/4601: {for introducing bone substitute, for implanting bone graft implants or for compacting them in the bone cavity}
- A61F 2/4603: {for insertion or extraction of endoprosthetic joints or of accessories thereof}
- A61F 2002/30131: {horseshoe- or crescent- or C-shaped or U-shaped}
- A61F 2002/30383: {made by laterally inserting a protrusion, e.g. a rib into a complementarily-shaped groove}
- A61F 2002/30401: {with additional means for preventing or locking said sliding}
- A61F 2002/305: {Snap connection}
- A61F 2002/30579: {with mechanically expandable devices, e.g. fixation devices}
- A61F 2002/30593: {hollow}
- A61F 2002/30599: {stackable}
- A61F 2002/30601: {telescopic}
- A61F 2002/30604: {modular}
- A61F 2002/30774: {internally-threaded}
- A61F 2002/30777: {Oblong apertures}
- A61F 2002/30784: {Plurality of holes}
- A61F 2002/30828: {parallel}
- A61F 2002/3093: {for promoting ingrowth of bone tissue}
- 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 2220/0008: Fixation appliances for connecting prostheses to the body
- A61F 2250/0009: for adjusting thickness
- A61F 2310/00005: The prosthesis being constructed from a particular material
- 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

An expandable interbody fusion device includes superior and inferior endplates that are configured to receive a sequentially inserted stack of expansion members or wafers in interlocking engagement. The expansion members are formed to each have a generally U-shaped rearward facing opening. The superior and inferior endplates have openings through their outer surfaces in at least partial alignment and communication with the rearward facing openings of the expansion members. The inferior endplate has a fully bounded cavity for telescoping receipt of the superior endplate. The inferior endplate also has a fully bounded channel extending through the rear endwall thereof in direct communication with the rearward facing opening of at least one expansion member for the receipt of bone graft material into the device to promote fusion between opposing vertebral bodies of the spine.

## Claims

### Claim 1

An expandable interbody fusion device for implantation into an intradiscal space between two opposing vertebral bodies of a spine, comprising:
a first endplate having an outer surface configured to contact one of said vertebral bodies and an opening extending through said outer surface;
a second endplate having an outer surface configured to contact the other vertebral body and an inner support surface, said second endplate having opposing spaced apart sidewalls and opposing spaced apart front and rear endwalls defining therewithin a fully bounded interior cavity, said support surface being within said interior cavity, said first endplate being received within said interior cavity, said second endplate having at least one opening extending through said outer surface and said support surface and communicating with said interior cavity, said rear endwall defining therethrough a fully bounded channel in communication with said interior cavity, said first endplate being movable in an expansion direction relative to said second endplate toward the opposing vertebral body;
at least one insert having an upper surface, an opposite lower surface, a front end, a rear end and an open rearward facing opening extending through said upper surface, said lower surface and the rearmost surface of said rear end, said at least one insert being configured to be introduced between said first endplate and said second endplate through said channel into said interior cavity in an insertion direction that is substantially perpendicular to said expansion direction and supported by said support surface therewithin with the front end of said insert adjacent the front endwall of said second endplate and the rear end of said insert adjacent the rear endwall of said second endplate, said rearward facing opening communicating with said channel and being in at least partial alignment with said openings through said first endplate and said second endplate; and
a locking surface on said at least one insert to lock said at least one insert in said device.

### Claim 2 (depends on 1)

The device of claim 1, wherein said first endplate and said second endplate are formed of different materials.

### Claim 3 (depends on 1)

The device of claim 1, wherein said first endplate is formed of a biocompatible polymer and said second endplate is formed of a biocompatible metal.

### Claim 4 (depends on 3)

The device of claim 3, wherein said first endplate is formed of PEEK and said second endplate is formed of titanium.

### Claim 5 (depends on 4)

The device of claim 4, wherein the outer surface of said first endplate and the outer surface of said second endplate each comprise material for the promotion of bone growth during fusion.

### Claim 6 (depends on 5)

The device of claim 5, wherein said outer surface of said first endplate further comprises a separate endcap formed of titanium and attached to said first endplate.

### Claim 7 (depends on 5)

The device of claim 5, wherein said outer surface of at least one of said first endplate and said second endplate comprises a coating adhered thereto.

### Claim 8 (depends on 1)

The device of claim 1, wherein the material of said second endplate is substantially radiopaque and said second endplate has at least one window therethrough for observation of one of said first endplate and said at least one expansion member during expansion of said device.

### Claim 9 (depends on 1)

The device of claim 1, wherein said locking surface comprises at least one interlocking element that is resiliently flexible in the expansion direction.

### Claim 10 (depends on 9)

The device of claim 9, wherein said at least one insert comprises an upper surface and a lower surface and wherein said interlocking element comprises a resiliently deflectable prong projecting outwardly from one of said upper surface and said lower surface.

### Claim 11 (depends on 1)

The device of claim 1, including at least two of said inserts, each being of substantially identical configuration.

### Claim 12 (depends on 11)

The device of claim 11, wherein said at least two inserts upon introduction into said device reside within said interior cavity.

### Claim 13 (depends on 12)

The device of claim 12, wherein each insert includes said locking surface extending into one of said upper surface and said lower surface.

### Claim 14 (depends on 13)

The device of claim 13, wherein each insert includes a plurality of prongs and locking surfaces adjacent the front end of each insert.

### Claim 15 (depends on 1)

The device of claim 1, wherein said second endplate includes a surface for attachment to an inserter for inserting said insert into said device between said first endplate and support surface of said second endplate.

### Claim 16 (depends on 15)

The device of claim 15, wherein said attachment surface includes a connection surface on said rear endwall.

### Claim 17

An expandable interbody fusion device for implantation into an intradiscal space between two opposing vertebral bodies of a spine, comprising:
a first endplate having an outer surface configured to contact one of said vertebral bodies and an opening extending through said outer surface and said lower surface;
a second endplate having an outer surface configured to contact the other vertebral body and an inner support surface, said second endplate having opposing spaced apart sidewalls and opposing spaced apart front and rear endwalls defining therewithin an interior cavity, said support surface being within said interior cavity, said first endplate being received within said interior cavity, said second endplate having at least one opening extending through said outer surface and said support surface and communicating with said interior cavity, said rear endwall defining therethrough a channel in communication with said interior cavity, said second endplate being movable in an expansion direction relative to said first endplate toward the opposing vertebral body;
a plurality of elongate inserts each having a front end and a rear end and configured to be introduced through said channel into said interior cavity one below the other in an insertion direction that is substantially perpendicular to said expansion direction and supported by said support surface therewithin with the front end of each of said inserts adjacent the front endwall of said second endplate and the rear end of each of said inserts adjacent the rear endwall of said second endplate, each of said inserts having an open rearward facing opening extending through the rearmost surface of said rear end and communicating with each other upon introduction and in at least partial alignment with said openings through said first endplate and said second endplate, the rearward facing opening of at least said lowermost insert being in direct communication with said channel.

### Claim 18 (depends on 17)

The device of claim 17, further including a locking surface on each of said inserts to resist movement of said inserts in said device in a direction opposite said insertion direction.

### Claim 19 (depends on 18)

The device of claim 18, wherein each of said inserts comprises an upper surface and a lower surface and wherein said locking surface further includes a T-bar configuration on one of said upper surface and said lower surface and a T-bar configuration on the other of said upper surface and said lower surface to slidingly receive said T-bar configuration upon introduction of said inserts.

### Claim 20 (depends on 19)

The device of claim 19, wherein each insert includes a plurality of prongs and locking surfaces adjacent the front end of each expansion member so that upon sliding contact of one insert lengthwise relative to another insert, said prongs on said one insert progressively engage a locking surface on the other insert.

### Claim 21 (depends on 18)

The device of claim 18, wherein each of said inserts includes an upper surface and a lower surface and a pushing surface between said upper and lower surface within and communicating with said open rearward facing opening.

### Claim 22 (depends on 21)

The device of claim 21, wherein said locking surface of each said insert is disposed on said insert adjacent the front end thereof, and wherein said open rearward facing opening defines a U-shaped opening, the base of said opening defining said pushing surface.

### Claim 23 (depends on 22)

The device of claim 22, wherein each of said locking surfaces includes at least one resiliently interlocking element.

### Claim 24 (depends on 22)

The device of claim 22 wherein at least two of said inserts are of substantially identical configuration.

### Claim 25 (depends on 24)

The device of claim 24, wherein the material of said second endplate is substantially radiopaque and said second endplate has at least one window therethrough for observation of one of said first endplate and at least one insert of said plurality of inserts during expansion of said device.

### Claim 26 (depends on 18)

The device of claim 18, wherein said locking surface of each insert extends into each of said inserts.

### Claim 27 (depends on 26)

The device of claim 26, wherein a locking surface of at least one insert engages a cooperating locking surface on one of said first endplate or said second endplate to lock said at least one insert in said device.

### Claim 28 (depends on 17)

The device of claim 17, wherein said channel is fully bounded by said rear endwall.

### Claim 29 (depends on 17)

The device of claim 17, wherein said interior cavity is fully bounded by said opposing spaced apart sidewalls and said opposing spaced apart front and rear endwalls.

### Claim 30 (depends on 17)

The device of claim 17, further including a threaded opening through the rear endwall of said second endplate, said threaded opening being spaced from said channel and configured for threaded receipt of a guide pin of an inserter for inserting said device into the intradiscal space between said two opposing vertebral bodies.