Self-broaching, rotatable, push-in interbody spinal fusion implant and method for deployment thereof

Claim 2

An interbody spinal fusion implant for insertion across a disc space between adjacent vertebral bodies of a human spine, the implant comprising: a body having an insertion end, a trailing end, an upper wall, a lower wall, and opposed side walls, said body having a cross-section with a height measured between said upper and lower walls and a width measured between said side walls, said side walls intersecting said upper and lower walls at four junctions, a first pair of diagonally opposed junctions having a distance therebetween substantially the same as the height of said body, a second pair of diagonally opposed junctions having a distance therebetween greater than the distance between said first pair of diagonally opposed junctions; and fins extending outwardly from said opposed upper and lower walls adapted to penetrate and extend within the vertebral endplates of the adjacent vertebral bodies upon rotation of the implant approximately 90 degrees from an initial insertion position to a final deployed position.

Claim 3

The implant of claim 1 , wherein said side walls have a distance therebetween adapted to contact the adjacent vertebral bodies upon initial insertion of said implant into the spine.

Claim 4

The implant of claim 1 , wherein each of said side walls are planar.

Claim 5

The implant of claim 3 , wherein said side walls are generally parallel to one another.

Claim 6

The implant of claim 1 , wherein the shape of each of said side walls is substantially a parallelogram.

Claim 7

The implant of claim 1 , wherein said upper and lower walls have a distance therebetween adapted to support the vertebral endplates of the adjacent vertebral bodies upon rotation of said implant from an initial insertion position to a deployed position in the disc space.

Claim 8

The implant of claim 1 , wherein the adjacent vertebral bodies are spaced apart at least in part further in the final deployed position than in the initial insertion position.

Claim 9

The implant of claim 1 , wherein said upper and lower walls have at least one opening allowing for communication between said upper and lower walls, said opening being capable of containing fusion promoting materials for promoting bone ingrowth through said implant from the vertebral endplate of one of the adjacent vertebral bodies to the vertebral endplate of the other of said adjacent vertebral bodies for fusion of said adjacent vertebral bodies.

Claim 10

The implant of claim 1 , wherein said first pair of diagonally opposed junctions are arcuate.

Claim 11

The implant of claim 9 , wherein said arcuate junctions are arcs of radii.

Claim 12

The implant of claim 10 , wherein said arcs of radii are each of the same radius.

Claim 13

The implant of claim 10 , wherein said arcs of radii have a radius defining a portion of the same circle.

Claim 14

The implant of claim 10 , wherein said arcs of radii comprise chords of a circle.

Claim 15

The implant of claim 13 , wherein said arcs of radii comprise chords of the same circle.

Claim 16

The implant of claim 13 , wherein said arcs of radii comprise quadrants of the same circle.

Claim 17

The implant of claim 13 , wherein the distance between said arcs of radii generally approximates the height of said body.

Claim 18

The implant of claim 10 , wherein the distance between said arcs of radii is slightly less than the height of said body.

Claim 19

The implant of claim 10 , wherein the distance between said arcs of radii is slightly greater than the height of said body.

Claim 20

The implant of claim 16 , wherein the h eight of said body is no greater than the width of said body, and said fins extend from said upper and lower walls a height sufficient to make the overall height of said implant, when in the final deployed position as measured across the fins, greater than the width of said body.

Claim 21

The implant of claim 16 , wherein the height of said body is greater than the width of said body, and said fins extend from said upper and lower walls.

Claim 22

The implant of claim 1 , wherein said first pair of diagonally opposed junctions are chamfered.

Claim 23

The implant of claim 1 , wherein said second pair of diagonally opposed junctions are corners.

Claim 24

The implant of claim 22 , wherein each of said corners form approximately a 90 degree angle.

Claim 25

The implant of claim 22 , wherein each of said corners form an angle between 45 and 135 degrees.

Claim 26

The implant of claim 1 , wherein said second pair of diagonally opposed junctions are chamfered.

Claim 27

The implant of claim 1 , wherein said second pair of diagonally opposed junctions are radiused.

Claim 28

The implant of claim 1 , wherein said fins have a height measured from the longitudinal central axis of said implant, said height being substantially uniform along a portion of the length of said implant.

Claim 29

The implant of claim 1 , wherein said fins have a height measured from each of said upper and lower walls, respectively, said height being substantially constant along the length of said implant.

Claim 30

The implant of claim 1 , wherein said fins have a sharp leading edge for penetrating the vertebral endplates upon rotation of said implant.

Claim 31

The implant of claim 1 , wherein said fins are protrusions.

Claim 32

The implant of claim 1 , wherein said fins are evenly spaced along at least a portion of said upper and lower walls.

Claim 33

The implant of claim 1 , wherein said implant is configured to have a single direction of rotation such that in rotating said implant 45 degrees said first pair of diagonally opposed junctions has a diagonal substantially the same as the height of said body of said implant contacting the adjacent vertebral bodies prior to rotation.

Claim 34

The implant of claim 1 , wherein said implant is configured to have a single direction of rotation such that in rotating said implant 45 degrees said first pair of diagonally opposed junctions has a diagonal slightly less than the width of said body of said implant contacting the adjacent vertebral bodies prior to rotation.

Claim 35

The implant of claim 1 , wherein said implant is configured to have a single direction of rotation such that in rotating said implant 45 degrees said first pair of diagonally opposed junctions has a diagonal slightly greater than the width of said body of said implant contacting the adjacent vertebral bodies prior to rotation.

Claim 36

The implant of claim 1 , wherein said body has a hollow portion.

Claim 37

The implant of claim 35 , wherein said hollow portion is adapted to contain fusion promoting material.

Claim 38

The implant of claim 35 , wherein said upper and lower walls have at least one opening passing therethrough in communication with said hollow portion.

Claim 39

The implant of claim 37 , wherein said side walls have at least one opening passing therethrough in communication with said hollow portion.

Claim 40

The implant of claim 1 , wherein said implant is capable of retaining fusion promoting material.

Claim 41

The implant of claim 35 , wherein at least one of said leading end and said trailing end of said body has an opening in communication with said hollow portion and adapted to cooperatively engage a cap.

Claim 42

The implant of claim 40 , further comprising a removable cap for closing said opening in at least one of said leading end and said trailing end of said body.

Claim 43

The implant of claim 37 , wherein at least some of said openings have a maximum cross sectional dimension of approximately 0.5 mm to 5 mm.

Claim 44

The implant of claim 37 , wherein at least some of said openings are greater than microscopic size.

Claim 45

The implant of claim 37 , wherein said at least one opening includes a plurality of openings of which a portion are less than 15 microns across their largest dimension.

Claim 46

The implant of claim 37 , wherein at least some of said openings pass through said upper and lower walls forming channels through said body.

Claim 47

The implant of claim 1 , wherein said body has a plurality of openings passing therethrough adapted to allow bone to grow through said implant from one of the adjacent vertebral bodies to another of the adjacent vertebral bodies.

Claim 48

The implant of claim 1 , wherein said implant is made of a material that is stronger than bone.

Claim 49

The implant of claim 1 , wherein said implant is made of a material that is harder than bone.

Claim 50

The implant of claim 1 , wherein said implant is made of a surgical grade implant material that is metallic.

Claim 51

The implant of claim 1 , wherein at least a portion of said body is porous.

Claim 52

The implant of claim 1 , wherein at least a portion of said body is treated to promote bone ingrowth between said implant and one of the vertebral bodies.

Claim 53

The implant of claim 1 , for use in the lumbar spine wherein said body has a length in the range of 20-34 mm.

Claim 54

The implant of claim 52 , wherein said side walls are spaced from one another in the range of 6-20 mm.

Claim 55

The implant of claim 52 , wherein said upper and lower walls are spaced from one another in the range of 6-20 mm.

Claim 56

The implant of claim 52 , wherein said fins have a height extending from said upper and lower walls in the range of 1-5 mm.

Claim 57

The implant of claim 1 , wherein at least one of said ends includes an engagement portion for engaging an instrument for the insertion of said implant.

Claim 58

The implant of claim 1 , wherein said implant comprises a material other than bone.

Claim 59

The implant of claim 1 , wherein said implant comprises bone.

Claim 60

The implant of claim 58 , wherein said bone includes cortical bone.

Claim 61

The implant of claim 58 , wherein said implant comprises bone growth promoting material.

Claim 62

The implant of claim 60 , wherein said bone growth promoting material is selected from one of bone morphogenetic protein, hydroxyapatite, and genes coding for the production of bone.

Claim 63

The implant of claim 1 , wherein said implant is treated with a bone growth promoting substance.

Claim 64

The implant of claim 1 , wherein said implant is at least in part bioabsorbable.

Claim 65

The implant of claim 1 , wherein said implant comprises metal.

Claim 66

The implant of claim 64 , wherein said metal is ASTM material suitable for use in said implant.

Claim 67

The implant of claim 64 , wherein said implant includes titanium.

Claim 68

The implant of claim 1 , wherein said implant comprises a plastic material.

Claim 69

The implant of claim 1 , wherein said implant comprises a ceramic material.

Claim 70

The implant of claim 1 , wherein said implant is formed of a material that intrinsically participates in the growth of bone from one of the adjacent vertebral bodies to the other of the adjacent vertebral bodies.

Claim 71

The implant of claim 1 , wherein at least a portion of said implant is treated to promote bone ingrowth between said implant and said adjacent vertebral bodies.

Claim 72

An interbody spinal implant set for insertion across a disc space between adjacent vertebral bodies of a human spine, the implant set comprising: a first implant comprising: a body having an insertion end, a trailing end, opposed side walls, and upper and lower walls, said body having a cross-section with a height measured between said upper and lower walls and a width measured between said side walls, said side walls intersecting said upper and lower walls at four junctions, a first pair of diagonally opposed junctions having a distance therebetween substantially the same as the height of said body, a second pair of diagonally opposed junctions having a distance therebetween greater than the distance of said first pair of diagonally opposed junctions; and fins extending outwardly from said opposed upper and lower walls adapted to penetrate the vertebral endplates of the adjacent vertebral bodies upon rotation of the implant in a first direction substantially 90 degrees from an initial insertion position to a final deployed position; and a second implant comprising: a body having an insertion end, a trailing end, opposed side walls, and upper and lower walls, said body having a cross-section with a height measured between said upper and lower walls and a width measured between said side walls, said side walls intersecting said upper and lower walls at four junctions, a first pair of diagonally opposed junctions having a distance therebetween less than the height of said body, a second pair of diagonally opposed junctions having a distance therebetween greater than the distance between said first pair of diagonally opposed junctions; and fins extending outwardly from said opposed upper and lower walls adapted to penetrate the vertebral endplates of the adjacent vertebral bodies upon rotation of the implant in a second direction opposite said first direction and substantially 90 degrees from an initial insertion position to a final deployed position.

Claim 73

An interbody spinal implant set for insertion across a disc space between adjacent vertebral bodies of a human spine, the implant set comprising: a first implant comprising: a body having an insertion end, a trailing end, opposed side walls, and upper and lower walls, said body having a cross-section with a height measured between said upper and lower walls and a width measured between said side walls, said side walls intersecting said upper and lower walls at four junctions, a first pair of diagonally opposed junctions having a distance therebetween substantially the same as the height of said body, a second pair of diagonally opposed junctions having a distance therebetween greater than the distance of said first pair of diagonally opposed junctions; and fins extending outwardly from said opposed upper and lower walls adapted to penetrate the vertebral endplates of the adjacent vertebral bodies upon rotation of the implant in a first direction substantially 90 degrees from an initial insertion position to a final deployed position; and a second implant comprising: a body having an insertion end, a trailing end, opposed side walls, and upper and lower walls, said body having a cross-section with a height measured between said upper and lower walls and a width measured between said side walls, said side walls intersecting said upper and lower walls at four junctions, a first pair of diagonally opposed junctions having a distance therebetween less than the height of said body, a second pair of diagonally opposed junctions having a distance therebetween greater than the distance between said first pair of diagonally opposed junctions; and fins extending outwardly from said opposed upper and lower walls adapted to penetrate the vertebral endplates of the adjacent vertebral bodies upon rotation of the implant in a second direction opposite said first direction and substantially 90 degrees from an initial insertion position to a final deployed position.

Claim 74

The implant set of claim 71 , further comprising a third implant for placement between said first and second implants, said third implant having contacting surfaces for contacting one of said opposed side walls of each of said first and second implants.

Claim 75

The implant set of claim 72 , wherein said contacting surfaces of said third implant interconnect with said first and second implants.

Claim 76

The implant set of claim 72 , wherein said contacting surfaces of said third implant include ridges facing opposite the direction of insertion for inhibiting said third implant from expulsion once inserted between said adjacent vertebral bodies.

Claim 77

The implant set of claim 74 , wherein said side wall of each of said first and second implants facing toward said third implant includes ridges cooperatively oriented for interlocking with said ridges of said third implant.

Claim 78

The implant set of claim 71 , wherein said side walls of each of said first and second implants have a distance therebetween adapted to contact the adjacent vertebral bodies upon initial insertion of said implant into the spine.

Claim 79

The implant set of claim 71 , wherein each of said side walls of said first and second implants are planar.

Claim 80

The implant set of claim 77 , wherein said side walls of each of said first and second implants are generally parallel to one another.

Claim 81

The implant set of claim 71 , wherein said upper and lower walls of each of said first and second implants have a distance therebetween adapted to support the vertebral endplates of the adjacent vertebral bodies upon rotation of said implant from an initial insertion position to a deployed position in the disc space.

Claim 82

The implant set of claim 71 , wherein said upper and lower walls of each of said first and second implants have at least one opening allowing for communication between said upper and lower walls, said opening being capable of containing fusion promoting materials for promoting bone ingrowth through said implant from the vertebral endplate of one of the adjacent vertebral bodies to the vertebral endplate of the other of said adjacent vertebral bodies for fusion of the adjacent vertebral bodies.

Claim 83

The implant set of claim 71 , wherein said first pair of diagonally. opposed junctions of each of said first and second implants are arcs of radii.

Claim 84

The implant set of claim 81 , wherein the distance between said arcs of radii of each of said first and second implants generally approximates the height of said body.

Claim 85

The implant set of claim 81 , wherein the distance between said arcs of radii of each of said first and second implants is slightly less than the height of said body.

Claim 86

The implant set of claim 81 , wherein the distance between said arcs of radii of each of said first and second implants is slightly greater than the height of said body.

Claim 87

The implant set of claim 71 , wherein the height of said body of said first and second implants is no greater than the width of said body of said first and second implants, respectively, and said fins extend from said upper and lower walls of each of said first and second implants a height sufficient to make the overall height of said first and second implants, when in the final deployed position as measured across the fins, greater than the width of said body.

Claim 88

The implant set of claim 71 , wherein the height of said body of said first and second implants is greater than the width of said body of said first and second implants, respectively, and said fins extend from said upper and lower walls of each of said first and second implants a height sufficient to make the overall height of said first and second implants, when in the final deployed position as measured across the fins, greater than the width of said body.

Claim 89

The implant set of claim 71 , wherein said first pair of diagonally opposed junctions of at least one of said first and second implants are chamfered.

Claim 90

The implant set of claim 71 , wherein said second pair of diagonally opposed junctions of at least one of said first and second implants are corners.

Claim 91

The implant set of claim 71 , wherein said second pair of diagonally opposed junctions of at least one of said first and second implants are chamfered.

Claim 92

The implant set of claim 71 , wherein said second pair of diagonally opposed junctions of at least one of said first and second implants are radiused.

Claim 93

The implant set of claim 71 , wherein said fins of said first and second implants have a sharp leading edge for penetrating the vertebral endplates upon rotation of said implant.

Claim 94

The implant set of claim 71 , wherein said fins of said first and second implants are protrusions.

Claim 95

The implant set of claim 71 , wherein each of said first and second implants are configured to have a single direction of rotation such that in rotating each of said implants 45 degrees said first pair of diagonally opposed junctions of each of said first and second implants has a diagonal substantially the same as the width of said body of said first and second implants, respectively, contacting the adjacent vertebral bodies prior to rotation.

Claim 96

The implant set of claim 71 , wherein each of said first and second implants are configured to have a single direction of rotation such that in rotating each of said implants 45 degrees said first pair of diagonally opposed junctions of each of said first and second implants has a diagonal slightly less than the width of said body of said first and second implants, respectively, contacting the adjacent vertebral bodies prior to rotation.

Claim 97

The implant set of claim 71 , wherein each of said first and second implants are configured to have a single direction of rotation such that in rotating each of said implants 45 degrees said first pair of diagonally opposed junctions of each of said first and second implants has a diagonal slightly greater than the width of said body of said first and second implant, respectively, contacting the adjacent vertebral bodies prior to rotation.

Claim 98

The implant set of claim 71 , wherein said body of at least one of said first and second implants has a hollow portion.

Claim 99

The implant set of claim 96 , wherein said hollow portion of said at least one of said first and second implants is adapted to contain fusion promoting material.

Claim 100

The implant set of claim 96 , wherein said upper and lower walls of at least one of said first and second implants have at least one opening passing therethrough in communication with said hollow portion.

Claim 101

The implant set of claim 71 , wherein at least one of said first and second implants is capable of retaining fusion promoting material.

Claim 102

The implant set of claim 96 , wherein at least one of said leading end and said trailing end of said body of at least one of said first and second implants has an opening in communication with said hollow portion and adapted to cooperatively engage a cap.

Claim 103

The implant set of claim 100 , further comprising a removable cap for closing said opening in at least one of said leading end and said trailing end of said body of at least one of said first and second implants.

Claim 104

The implant set of claim 71 , wherein at least one of said first and second implants is made of a surgical grade implant material that is metallic.

Claim 105

The implant set of claim 71 , wherein at least a portion of said body of at least one of said first and second implants is porous.

Claim 106

The implant set of claim 71 , wherein at least a portion of said body of at least one of said first and second implants is treated to promote bone ingrowth between said at least one implant and one of said vertebra.

Claim 107

The implant set of claim 71 , wherein at least one of said ends of said first and second implants includes an engagement portion for engaging an instrument for the insertion of said first and second implant.