# US 9,750,513 B2 · Spinal marker system and methods of use

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- Number: US 9,750,513 B2
- Document ID: US9750513B2
- Status: Granted
- Kind: B2
- Application number: 14/873,123
- Filed: 2015-10-01
- Published: 2016-01-28
- Granted: 2017-09-05
- Earliest claimed: 2009-05-15
- Applicants: Daniel Nehls
- Inventors: Daniel Nehls
- Web page: https://patentgrep.com/patent/US9750513B2

## CPC

- A61B 17/1757: {for the spine}
- A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D)

## Abstract

Temporary, radiographically opaque, bone markers having first and second penetration members that are concentric with one another and are configured to pierce bone are provided herein. Bone markers can non-exclusively be used to help verify the correct surgical site along the vertebrae, locate the vertical midline, and as a fixed point for aligning surgical instruments. Insertion and extraction devices for use with the bone markers are also provided herein.

## Claims

### Claim 1

A method of temporarily marking a target site on a vertebral body in a patient in need for a surgical procedure, said method comprising:
providing a spinal marker comprising:
a first penetration member having a first apex configured to pierce a bone of the vertebral body that forms a first taper from a first base;
a second penetration member having a second apex configured to pierce the bone, that forms a second taper with a second base, such that the second taper is non-linear with and steeper than the first taper;
wherein the first base of the first penetration member is concentretic to, abuts to, and does not have a larger cross-section than the second apex of the second penetration member where the first base and the second apex abut;
estimating a location of the target site within the patient;
exposing a first vertebral body of the patient;
inserting the first apex of the first penetration member of the marker into the bone of the anterior face of the first vertebral body to make a first test hole;
imaging the first vertebral body to verify the position of the first penetration member of the spinal marker embedded in the first vertebral body, using a radiographic imaging tool to generate a first image, is at the target site;
reviewing said image and verifying the position of the first penetration member of the spinal marker embedded in the first vertebral body relative to the actual target site;
wherein when the position of the inserted first penetration member of the spinal marker on the image is not verified at the actual target site, extracting the spinal marker from the first test hole in the first vertebral body and re-inserting the first apex of the first penetration member into a different position from the first test hole within the bone of the anterior face of the first vertebral body or the bone of the anterior face of a second vertebral body of the patient to make a second test hole; and then repeat the step of the imaging the first or second vertebral body, using the radiographic imaging tool to generate a second image, to verify the different position of the first penetration member of the spinal marker embedded in the first or second vertebral body is at the target site on the second image;
wherein when the position of the inserted first penetration member of the spinal marker on the first or second image is verified to be at the actual target site, inserting the spinal marker further into the first or second test hole in the bone of the anterior face of the first or second vertebral body, such that the second penetration member embeds within the bone of the first or second vertebral body and creates a second final hole larger than, and concentric to, the first or second test hole; and removing the spinal marker from the target site.

### Claim 2 (depends on 1)

The method of claim 1, wherein a vertebral midline in the patient is verified by the radiographic imaging after insertion of the first penetration member into the target site and before insertion of the second penetration member into the target site.

### Claim 3 (depends on 1)

The method of claim 1, wherein the position of a target vertebral disc relative to non-targeted discs is ascertained by the radiographic imaging.

### Claim 4 (depends on 1)

The method of claim 1, further comprising using the spinal marker to align the placement of a surgical instrument when the second penetration member is embedded in bone, before the spinal marker is removed from the patient's target site.

### Claim 5 (depends on 4)

The method of claim 4, wherein the surgical instrument is a drill guide.

### Claim 6 (depends on 5)

The method of claim 5, wherein the drill guide has parallel bars that straddle the spinal marker.

### Claim 7 (depends on 1)

The method of claim 1, wherein the first and second test holes are only made within the first vertebral body of the patient.

### Claim 8 (depends on 1)

The method of claim 1, wherein the first and second test holes are respectively made within the first and second vertebral bodies of the patient.

### Claim 9 (depends on 1)

The method of claim 1, wherein a distractor pin is positioned within the second final larger hole, after the spinal marker is removed from the patient's target site.

### Claim 10 (depends on 1)

The method of claim 1, wherein the spinal marker further comprises a guard that abuts to and has a larger cross-section than the second base of the second penetration member where the guard and the second base abuts.

### Claim 11 (depends on 10)

The method of claim 10, further comprising a groove positioned between the guard and an upper section of the marker, wherein the groove has a smaller cross-section than the guard and the upper section.

### Claim 12 (depends on 11)

The method of claim 11, wherein the groove is an annular groove.

### Claim 13 (depends on 11)

The method of claim 11, wherein the first penetration member, second penetration member, and guard are of a monolithic construct.

### Claim 14 (depends on 1)

The method of claim 1, wherein the first base of the first penetration member entirely tapers to the apex of the first penetration member.

### Claim 15 (depends on 1)

The method of claim 1, wherein the height of the marker has a height, as measured from the first apex of the first penetration member to a top side surface of the marker, which is between 0.5 to 1.5 cm.

### Claim 16 (depends on 1)

The method of claim 1, wherein the outer surfaces of the first and second penetration members are smooth.

### Claim 17 (depends on 1)

The method of claim 1, wherein the first and second penetration members lack a cannula traversing through them.

### Claim 18 (depends on 1)

The method of claim 1, wherein the imaging of the marker is used to position a distraction pin into the target site.