# US 9,750,617 B2 · Expanding interbody implant and articulating inserter and method

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- Number: US 9,750,617 B2
- Document ID: US9750617B2
- Status: Granted
- Kind: B2
- Application number: 15/010,556
- Filed: 2016-01-29
- Published: 2016-05-26
- Granted: 2017-09-05
- Earliest claimed: 2003-02-03
- Assignees: Warsaw Orthopedic, Inc.
- Applicants: Warsaw Orthopedic, Inc.
- Inventors: Roy K. Lim; Kevin T. Foley
- Web page: https://patentgrep.com/patent/US9750617B2

## CPC

- A61F 2/4465: {having a circular or kidney shaped cross-section substantially perpendicular to the axis of the spine}
- A61B 17/025: {Joint distractors}
- 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}
- A61B 17/00234: {for minimally invasive surgery (A61B17/0218, A61B17/0469, A61B17/12013, A61B17/1285, A61B17/29, A61B17/320016 take precedence)}
- A61B 2017/0256: {for the spine}
- A61F 2/30767: {Special external or bone-contacting surface, e.g. coating for improving bone ingrowth}
- A61F 2/4603: {for insertion or extraction of endoprosthetic joints or of accessories thereof}
- 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 2002/30133: {kidney-shaped or bean-shaped}
- A61F 2002/30428: {made by inserting a protrusion into a slot}
- A61F 2002/30471: {connected by a hinged linkage mechanism, e.g. of the single-bar or multi-bar linkage type}
- A61F 2002/30481: {using a locking clip}
- A61F 2002/30492: {using a locking pin}
- A61F 2002/30505: {spring biased}
- A61F 2002/30538: {for adjusting angular orientation}
- A61F 2002/3055: {for adjusting length}
- A61F 2002/30556: {for adjusting thickness}
- A61F 2002/30561: {breakable or frangible}
- A61F 2002/30579: {with mechanically expandable devices, e.g. fixation devices}
- A61F 2002/30601: {telescopic}
- A61F 2002/30772: {Apertures or holes, e.g. of circular cross section}
- 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 2002/4628: {with linear motion along or rotating motion about an axis transverse to the instrument axis or to the implantation direction, e.g. clamping}
- A61F 2002/4635: {using minimally invasive surgery}
- A61F 2220/0025: Connections or couplings between prosthetic parts, e.g. between modular parts; Connecting elements
- A61F 2220/0091: connected by a hinged linkage mechanism, e.g. of the single-bar or multi-bar linkage type
- A61F 2230/0015: Kidney-shaped, e.g. bean-shaped
- A61F 2250/0006: for adjusting angular orientation
- A61F 2250/0009: for adjusting thickness
- 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 device to space vertebral members with first and second members that may have at least one ramped section. The first and second members may be positioned in a vertically overlapping arrangement with interior sides of the members facing together. The device may be positionable between a first orientation with the ramped section of the first member positioned away from the ramped section of the second member, and a second orientation with the ramped section of the first member positioned against the ramped section of the second member. The device may include a greater height measured between the exterior sides in the second orientation than in the first orientation.

## Claims

### Claim 1

A device to space vertebral members comprising:
a first member having a first angled section and a first contact surface;
a second member having a second exterior contact surface;
a third member positioned between the first member and the second member, the third member having a second angled section and a bottom surface that engages a bottom wall of the second member, the bottom surface extending parallel to at least one of the contact surfaces;
the device positionable between a first orientation with the first angled section engaged with the second angled section and having a first maximum height extending between the contact surfaces and a second orientation with the first angled section disengaged from the second angled section and having an increased second maximum height between the contact surfaces, the third member being positioned within the second member when the device is in the second orientation.

### Claim 2 (depends on 1)

The device of claim 1, wherein the bottom surface extends parallel to at least one of the contact surfaces when the device is in the first orientation and the second orientation.

### Claim 3 (depends on 1)

The device of claim 1, wherein the first contact surface and the second contact surface form an acute angle when the device is in the second orientation.

### Claim 4 (depends on 1)

The device of claim 1, wherein the first member comprises a planar surface that engages a planar surface of the second member when the device is in the second orientation.

### Claim 5 (depends on 1)

The device of claim 1, wherein the first member comprises a planar surface that engages a planar surface of the second member when the device is in the second orientation, the planar surfaces extending parallel to one another when the device is in the second orientation.

### Claim 6 (depends on 1)

The device of claim 1, wherein the third member is non-threaded.

### Claim 7 (depends on 1)

The device of claim 1, wherein the first member comprises a tab that is slidably received within a groove of the second member as the device moves between the first orientation and the second orientation.

### Claim 8 (depends on 1)

The device of claim 1, wherein the first member comprises a pair of tabs that are slidably received within grooves of the second member as the device moves between the first orientation and the second orientation.

### Claim 9 (depends on 1)

The device of claim 1, wherein an end cap extending from the third member is positioned within an aperture in the second member when the device is in the second orientation to lock the device in the second orientation.

### Claim 10 (depends on 1)

The device of claim 1, wherein spring loaded end caps extending from the third member move into apertures in the second member as the device moves from the first orientation to the second orientation to lock the device in the second orientation.

### Claim 11 (depends on 1)

A system comprising:
the device of claim 1; and
a delivery device coupled to the second member such that the second member is pivotable relative to the delivery device.

### Claim 12 (depends on 1)

A system comprising:
the device of claim 1; and
a delivery device coupled to the second member, the delivery device comprising a shaft that defines a longitudinal axis and a cam movably positioned within the shaft along the longitudinal axis, the cam being configured to move the device of claim 1 from the first orientation to the second orientation.

### Claim 13 (depends on 1)

A system comprising:
the device of claim 1; and
a delivery device coupled to the second member such that the second member is pivotable relative to the delivery device, the delivery device comprising a shaft that defines a longitudinal axis and a cam movably positioned within the shaft along the longitudinal axis, the cam being configured to move the device of claim 1 from the first orientation to the second orientation.

### Claim 14 (depends on 1)

A system comprising:
the device of claim 1; and
a delivery device comprising a shaft that defines a longitudinal axis and a cam movably positioned within the shaft along the longitudinal axis, the cam being configured to move the device of claim 1 from the first orientation to the second orientation,
wherein the delivery device is movable between a first configuration in which extensions of the delivery device are positioned within apertures in the second member to couple the delivery device to the device of claim 1 and a second configuration in which the extensions are spaced apart from the apertures to release the delivery device from the device of claim 1.

### Claim 15

A device to space vertebral members comprising:
a first member having a first angled section and a first contact surface;
a second member having a second exterior contact surface;
a third member positioned between the first member and the second member, the third member having a second angled section; the device positionable between a first orientation with the first angled section engaged with the second angled section and having a first maximum height extending between the contact surfaces and a second orientation with the first angled section disengaged from the second angled section and having an increased second maximum height between the contact surfaces,
wherein the first member comprises a planar surface that engages a planar surface of the second member when the device is in the second orientation.

### Claim 16 (depends on 15)

The device of claim 15, wherein the first member comprises a pair of tabs that are slidably received within grooves of the second member as the device moves between the first orientation and the second orientation.

### Claim 17 (depends on 15)

The device of claim 15, wherein the first member comprises a planar surface that engages a planar surface of the second member when the device is in the second orientation.

### Claim 18 (depends on 15)

The device of claim 15, wherein spring loaded end caps extending from the third member move into apertures in the second member as the device moves from the first orientation to the second orientation to lock the device in the second orientation.

### Claim 19

A device to space vertebral members comprising:
a first member having a first angled section and a first contact surface;
a second member having a second exterior contact surface;
a third member positioned between the first member and the second member, the third member having a second angled section;
the device positionable between a first orientation with the first angled section engaged with the second angled section and having a first maximum height extending between the contact surfaces and a second orientation with the first angled section disengaged from the second angled section and having an increased second maximum height between the contact surfaces,
wherein spring loaded end caps extending from the third member move into apertures in the second member as the device moves from the first orientation to the second orientation to lock the device in the second orientation.

### Claim 20 (depends on 19)

The device of claim 19, wherein the first member comprises a pair of tabs that are slidably received within grooves of the second member as the device moves between the first orientation and the second orientation.
