# US 9,872,681 B2 · Method and apparatus for delivering a shape memory article to a surgical site > Agents: this data is available as JSON from the patentgrep API and MCP server — see https://patentgrep.com/llms.txt - Number: US 9,872,681 B2 - Document ID: US9872681B2 - Status: Granted - Kind: B2 - Application number: 14/026,665 - Filed: 2013-09-13 - Published: 2014-02-06 - Granted: 2018-01-23 - Earliest claimed: 2009-03-19 - Assignees: OsteoMed LLC - Applicants: OsteoMed LLC - Inventors: Alan B. Miller; Shawn T. Huxel; Richard Thomas Briganti - Web page: https://patentgrep.com/patent/US9872681B2 ## CPC - A61B 17/068: Surgical staplers {, e.g. containing multiple staples or clamps}({staplers containing only one staple A61B17/10; magazines or containers for staples A61B17/105;} for performing anastomosis A61B17/115; {staplers in general B25C5/00}) - A61B 17/0642: {for bones, e.g. for osteosynthesis or connecting tendon to bone} - A61B 17/0682: {for applying U-shaped staples or clamps, e.g. without a forming anvil} - A61B 17/10: for applying or removing wound clamps {, e.g. containing only one clamp or staple (A61B17/076 takes precedence; containing multiple wound clamps A61B17/068)}; Wound clamp magazines - A61B 17/0644: {penetrating the tissue, deformable to closed position} - A61B 2017/0023: {disposable} - A61B 2017/00867: {shape memory effect} - A61B 2017/0645: {being elastically deformed for insertion} - A61B 2090/034: {abutting on parts of the device itself} - A61B: DIAGNOSIS; SURGERY; IDENTIFICATION (usefulness limited to only animals A61D) ## Abstract The invention pertains to a method and apparatus for delivering an article formed of a shape memory alloy to a surgical implantation site. The apparatus may include a body having a passage for receiving the proximal portion of the shape memory article, the passage being shaped to substantially prevent the shape memory article from deforming in accordance with its shape memory properties when the proximal portion of the shape memory article is positioned in the passage. An exemplary involves placing the distal portions of legs of a staple in at least one passage in a constraining device that substantially constrains the legs from deforming; and placing the proximal portions of the legs of the staple in at least one passage in an apparatus that, independently of the constraining device, substantially prevents the legs from deforming. ## Claims ### Claim 1 An apparatus for holding a shape memory article, the shape memory article comprising a proximal portion and a distal portion and adapted to be implanted into an anatomical feature with the distal portion first, the apparatus comprising: a body extending longitudinally from a proximal end to a distal end, the body having a passage for receiving the proximal portion of the shape memory article, the passage comprising a groove on the body's outer surface that opens transversely to the body, the passage being shaped to substantially prevent the shape memory article from deforming in accordance with its shape memory properties when the proximal portion of the shape memory article is positioned in the passage. ### Claim 2 (depends on 1) The apparatus of claim 1 wherein the body is a unitary body and the passage formed in the unitary body is shaped and sized so that the distal portion of the shape memory article can be implanted into an anatomical feature while the shape memory article is positioned in the passage of the apparatus. ### Claim 3 (depends on 2) A combination comprising the apparatus of claim 2 and the shape memory article. ### Claim 4 (depends on 3) The combination of claim 3 wherein the shape memory article is a medical staple and wherein the proximal portion of the staple comprises a backspan and proximal portions of legs extending from the backspan, and the distal portion of the staple comprises distal portions of the legs. ### Claim 5 (depends on 3) The combination of claim 3 wherein the body has a lateral surface extending from the proximal end to the distal end, the passage comprising a first groove open to a lateral surface of the body. ### Claim 6 (depends on 5) The combination of claim 5 wherein the first groove comprises at least a portion bearing a detent adapted to hold the shape memory article in the groove. ### Claim 7 (depends on 6) The combination of claim 6 wherein the detent comprises an overhang defining a clearance that is less than a diameter of a section of the proximal portion of the shape memory article. ### Claim 8 (depends on 6) The combination of claim 6 further comprising a second groove in the apparatus positioned and shaped to enhance flexibility of a portion of the apparatus adjacent to a portion of the first groove bearing the detent for permitting the shape memory article to be forced past the detent as the enhanced-flexibility portion of the apparatus is deflected into the second groove. ### Claim 9 (depends on 5) The combination of claim 5 wherein the first groove comprises a first portion adapted to receive a backspan of a shape memory staple and second and third portions adapted to receive proximal portions of first and second legs of the medical staple, respectively. ### Claim 10 (depends on 1) The apparatus of claim 1 further comprising a cover movable on the body between a closed position in which the cover covers at least a portion of the passage so as to prevent a shape memory article positioned in the passage from being removed from the passage and a second position in which the cover does not cover the passage so that a shape memory article positioned in the passage can be removed from the passage. ### Claim 11 (depends on 10) The apparatus of claim 10 wherein the cover is slidably attached to the body. ### Claim 12 (depends on 11) A combination comprising the apparatus of claim 11 and the shape memory article, wherein the shape memory article is a medical staple and wherein the proximal portion of the staple comprises a backspan and proximal portions of legs extending from the backspan, and the distal portion of the staple comprises distal portion of the legs and wherein the passage comprises a groove on a surface of the apparatus and wherein the cover covers the surface of the apparatus above the groove when in the closed position and does not cover the surface of the apparatus above the groove when in the closed position. ### Claim 13 (depends on 12) The combination of claim 12 wherein the groove comprises a first portion adapted to receive a backspan of the shape memory staple and second and third portions adapted to receive proximal portions of first and second legs of the medical staple, respectively, the first portion of the groove being shaped to provide a clearance space for accommodating a zigzag shaped backspan of the staple during twisting of the staple about an axis generally parallel to the backspan. ### Claim 14 (depends on 3) A combination of the apparatus and shape memory article of claim 3 in further combination with a constraining device, the constraining device comprising a passage sized and shaped to receive the distal portion of the shape memory article so as to substantially prevent the distal portion of the shape memory article from deforming. ### Claim 15 (depends on 14) The combination of claim 14 wherein the apparatus comprises a first surface from which the distal portion of the shape memory article will extend when the proximal portion of the shape memory article is positioned in the passage in the apparatus, and the constraining device comprises a second surface from which the proximal portion of the shape memory article will extend when the distal portion of the shape memory article is positioned in the passage in the constraining device. ### Claim 16 (depends on 15) The combination of claim 15 wherein the first surface of the apparatus and the second surface of the constraining device abut when the proximal portion of the shape memory article is positioned in the apparatus and the distal portion of the shape memory article is positioned in the passage of the constraining device. ### Claim 17 (depends on 15) The combination of claim 15 wherein the shape memory article comprises a medical staple having a backspan and first and second legs extending from the backspan, the first and second legs having proximal portions adjacent to the backspan and distal portions and wherein the passage in the constraining device comprises two bores positioned, sized, and shaped to receive the distal ends of the first and second legs of the medical staple. ### Claim 18 (depends on 1) The apparatus of claim 1, the body further comprising a first surface from which the distal portion of the shape memory article will extend when the proximal portion of the shape memory article is positioned in the passage in the apparatus and a grasping portion extending away from the passage in a direction opposite from the direction of extension of the distal portion of the shape memory article. ### Claim 19 (depends on 1) The apparatus of claim 1, the body further comprising a ramp portion having a height that varies along its length. ### Claim 20 (depends on 19) The apparatus of claim 19 wherein the passage defines a depth of the shape memory article that must be exposed in order for the shape memory article to be received in the passage and wherein the ramp portion has a maximum height substantially equal to the depth. ### Claim 21 (depends on 19) The apparatus of claim 19 wherein the shape memory article comprises a medical staple having a backspan and first and second legs extending from the backspan, the first and second legs having proximal portions adjacent to the backspan and distal portions and wherein the ramp portion has a maximum height and wherein the passage in the apparatus is adapted to receive the backspan and the proximal portions of the legs of the medical staple and wherein the passage in the apparatus comprises a groove in a first surface of the apparatus, the groove comprising a first portion adapted to receive the backspan of the medical staple and second and third portions adapted to receive the proximal portions of the first and second legs of the medical staple, the second and third portions of the groove each having a length and extending and open to a second surface of the apparatus from which the distal portions of the legs of the medical staple will extend when the maximal portion of the medical staple is positioned within the passage and wherein the length of the second and third portions of the groove is substantially equal to the maximum height of the ramp. ### Claim 22 An apparatus for holding a shape memory article, the shape memory article comprising a proximal portion and a distal portion and adapted to be implanted into an anatomical feature with the distal portion first, the apparatus comprising: an elongated body having a first major surface, a second major surface opposite the first major surface, and a thin peripheral edge between the first and second major surfaces, the body defining a passage open to one of the first and second major surfaces of the body, the passage being configured for receiving the proximal portion of the shape memory article, the passage being shaped to substantially prevent the shape memory article from deforming in accordance with its shape memory properties when the proximal portion of the shape memory article is positioned in the passage. ### Claim 23 An apparatus for holding a shape memory article, the shape memory article comprising a proximal portion and a distal portion and adapted to be implanted into an anatomical feature with the distal portion first, the apparatus comprising: an elongated body having a groove in a lateral surface thereof that defines a passage for receiving the proximal portion of the shape memory article, the passage being shaped to substantially prevent the shape memory article from deforming in accordance with its shape memory properties when the proximal portion of the shape memory article is positioned in the passage; the passage comprising a first portion adapted to receive a backspan of a shape memory staple and second and third portions adapted to receive proximal portions of first and second legs of the staple, respectively.