US20020173803A1

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Publication number: US20020173803A1
Application number: US09/847,716
Authority: US
Inventors: Stephen Ainsworth; Jianhua Yang
Original assignee: Individual
Current assignee: Medtronic Inc
Priority date: 2001-05-01
Filing date: 2001-05-01
Publication date: 2002-11-21
Also published as: US20020165561A1; US6913607B2; AU2002308613A1

Abstract

A self-closing fastener is described that comprises a clip passable through a tissue opening. The fastener is adapted for holding by a mechanism in an open configuration for passing through the tissue, followed by releasing the fastener from the holding mechanism, allowing the clip to remain in the tissue in a shape that can clip two or more locations on the tissue. The fastener and delivery devices are particularly useful for tissue approximation, such as anastomosis. When used for anastomosis, the inventive clips provide intima-to-intima contact with a minimal amount of intraluminal exposure.

Description

FIELD OF THE INVENTION

The present invention relates to devices and methods for sealing tissue punctures. More specifically, the present invention is directed to devices and methods for approximating wound edges of vessel openings to affect hemostasis.[0001]

BACKGROUND OF THE INVENTION

Minimally invasive surgery has allowed physicians to carry out many surgical procedures with less pain and disability than conventional, open surgery. In performing minimally invasive surgery, the surgeon makes a number of small incisions through the body wall to obtain access to the tissues requiring treatment. Typically, a trocar, which is a pointed, piercing device, is delivered into the body with a cannula. After the trocar pierces the abdominal or thoracic wall, it is removed and the cannula is left with one end in the body cavity, where the operation is to take place, and the other end opening to the outside. A cannula has a small inside diameter, typically 5-10 millimeters, and sometimes up to as much as 20 millimeters. A number of such cannulas are inserted for any given operation.[0002]

A viewing instrument, typically including a miniature video camera or optical telescope, is inserted through one of these cannulas and a variety of surgical instruments and refractors are inserted through others. The image provided by the viewing device may be displayed on a video screen or television monitor, affording the surgeon enhanced visual control over the instruments. Because a commonly used viewing instrument is called an “endoscope,” this type of surgery is often referred to as “endoscopic surgery.” In the abdomen, endoscopic procedures are commonly referred to as laparoscopic surgery, and in the chest, as thoracoscopic surgery. Abdominal procedures may take place either inside the abdominal cavity (in the intraperitoneal space) or in a space created behind the abdominal cavity (in the retroperitoneal space). The retroperitoneal space is particularly useful for operations on the aorta and spine, or abdominal wall hernia.[0003]

Minimally invasive surgery has virtually replaced open surgical techniques for operations such as cholecystectomy and anti-reflux surgery of the esophagus and stomach. This has not occurred in either peripheral vascular surgery or cardiovascular surgery. An important type of vascular surgery is to replace or bypass a diseased, occluded or injured artery. Arterial replacement or bypass grafting has been performed for many years using open surgical techniques and a variety of prosthetic grafts. These grafts are manufactured as fabrics (often from DACRON® (polyester fibers) or TEFLON® (fluorocarbon fibers)) or are prepared as autografts (from the patient's own tissues) or heterografts (from the tissues of animals) or a combination of tissues, semi-synthetic tissues and or alloplastic materials. A graft can be joined to the involved artery in a number of different positions, including end-to-end, end-to-side, and side-to-side. This attachment between artery and graft is known as an anastomosis. Constructing an arterial anastomosis is technically challenging for a surgeon in open surgical procedures, and is almost a technical impossibility using minimally invasive techniques.[0004]

Many factors contribute to the difficulty of performing arterial replacement or bypass grafting. See generally, Wylie, Edwin J. et al., Manual of Vascular Surgery, (Springer-Verlag New York), 1980. One such factor is that the tissues to be joined must be precisely aligned with respect to each other to ensure the integrity and patency of the anastomosis. If one of the tissues is affixed too close to its edge, the suture can rip through the tissue and impair both the tissue and the anastomosis. Another factor is that, even after the tissues are properly aligned, it is difficult and time consuming to pass the needle through the tissues, form the knot in the suture material, and ensure that the suture material does not become tangled. These difficulties are exacerbated by the small size of the artery and graft. The arteries subject to peripheral vascular and cardiovascular surgery typically range in diameter from several millimeters to several centimeters. A graft is typically about the same size as the artery to which it is being attached. Another factor contributing to the difficulty of such procedures is the limited time available to complete the procedure. The time the surgeon has to complete an arterial replacement or bypass graft is limited because there is no blood flowing through the artery while the procedure is being done. If blood flow is not promptly restored, sometimes in as little as thirty minutes, the tissue the artery supplies may experience significant damage, or even death (tissue necrosis). In addition, arterial replacement or bypass grafting is made more difficult by the need to accurately place and space many sutures to achieve a permanent hemostatic seal. Precise placement and spacing of sutures is also required to achieve an anastomosis with long-term patency.[0005]

Highly trained and experienced surgeons are able to perform arterial replacement and bypass grafting in open surgery using conventional sutures and suturing techniques. A suture has a suture needle that is attached or “swaged on” to a long, trailing suture material. The needle must be precisely controlled and accurately placed through both the graft and artery. The trailing suture material must be held with proper tension to keep the graft and artery together, and must be carefully manipulated to prevent the suture material from tangling. In open surgery, these maneuvers can usually be accomplished within the necessary time frame, thus avoiding the subsequent tissue damage (or tissue death) that can result from prolonged occlusion of arterial blood flow.[0006]

A parachuting technique may be used to align the graft with the artery in an end-to-side anastomosis procedure. One or multiple sutures are attached to the graft and artery and are used to pull or “parachute” the graft vessel into alignment with an opening formed in a sidewall of the artery. A drawback to this procedure is the difficulty in preventing the suture from tangling and the time and surgical skill required to tie individual knots when using multiple sutures. Due to space requirements, this procedure is generally limited to open surgery techniques.[0007]

The difficulty of suturing a graft to an artery using minimally invasive surgical techniques has effectively prevented the safe use of this technology in both peripheral vascular and cardiovascular surgical procedures. When a minimally invasive procedure is done in the abdominal cavity, the retroperitoneal space, or chest, the space in which the operation is performed is more limited, and the exposure to the involved organs is more restricted, than with open surgery. Moreover, in a minimally invasive procedure, the instruments used to assist with the operation are passed into the surgical field through cannulas. When manipulating instruments through cannulas, it is extremely difficult to position tissues in their proper alignment with respect to each other, pass a needle through the tissues, form a knot in the suture material once the tissues are aligned, and prevent the suture material from becoming tangled. Therefore, although there have been isolated reports of vascular anastomoses being formed by minimally invasive surgery, no system has been provided for wide-spread surgical use which would allow such procedures to be performed safely within the prescribed time limits.[0008]

As explained above, anastomoses are commonly formed in open surgery by suturing together the tissues to be joined. However, one known system for applying a clip around tissues to be joined in an anastomosis is disclosed in a brochure entitled, “VCS Clip Applier System”, published in 1995 by Auto Suture Company, a Division of U.S. Surgical Corporation. A clip is applied by applying an instrument about the tissue in a nonpenetrating manner, i.e., the clip does not penetrate through the tissues, but rather is clamped down around the tissues. As previously explained, it is imperative in forming an anastomosis that tissues to be joined are properly aligned with respect to each other. The disclosed VCS clip applier has no means for positioning tissues. Before the clip can be applied, the tissues must first be properly positioned with respect to each other, for example by skewering the tissues with a needle as discussed above in common suturing techniques or with forceps to bring the tissues together. It is extremely difficult to perform such positioning techniques in minimally invasive procedures.[0009]

Therefore, there is currently a need for other tissue connecting systems.[0010]

SUMMARY OF THE INVENTION

The present invention involves apparatus and methods for connecting material, at least one of which is tissue. The invention may, for example, be used to secure one vessel to another, such as in a vascular anastomosis.[0011]

According to one aspect of the invention a fastener is provided to a tissue having an opening for clipping the tissue. In one embodiment, the fastener includes two clips connected to one another, where each of the two clips has a proximal arm and a distal arm for compressing the tissue on a proximal and distal surface. The proximal arm is springably movable between a restrained configuration and a released configuration. The proximal arms are placed in the restrained configuration in a direction generally perpendicular to the distal arms, and return to the released configuration towards the proximal arms, providing a compressive force on the tissue.[0012]

According to another aspect of the present invention, a fastener is held in an open configuration by a delivery mechanism that holds and retains the fastener in an open configuration. The fastener has opposable members that can be opened for insertion through a tissue piercing and can be closed to provide a compressive force at several location simultaneously. Another aspect is to provide a greater closing force and/or a closing force over a greater area with a self-closing clip.[0013]

According to yet another aspect of the invention, a fastener is provided that can be delivered to a wound site and can be used to clip tissues to promote intima-to-intima contact. Another aspect is the providing of a fastener that reduces intraluminal metallic component contact.[0014]

Yet another aspect of the present invention is to provide clips that can be used to perform anastomosis with fewer clips that other fastener systems.[0015]

According to another aspect of the invention, a tissue approximation device is provided that facilitates interrupted anastomosis without know tying and which promotes the dilation and growth of the vessel. Another aspect of the invention supplies a self-closing fastener to tissue that securely anchors the fastener to the tissue with a controlled approximation force.[0016]

It is yet another aspect of the present invention to provide a method for fastening tissue with a clip delivered to said tissue. In one embodiment the clip is releasably retained in a holder that is connected to a piercing member. The method includes passing the holder through said piercing, seating a stopper portion of the coupled clip against said first surface, and decoupling said clip, such that said at least one terminator arms returns towards said disengaged configuration and opposes said stopper across said tissue.[0017]

The above is a brief description of some deficiencies in the prior art and advantages of the present invention. Other features, advantages, and embodiments of the invention will be apparent to those skilled in the art from the following description, accompanying drawings, and claims.[0018]

A further understanding of the invention can be had from the detailed discussion of specific embodiments below. For purposes of clarity, this discussion refers to devices, methods, and concepts in terms of specific examples. However, the method of the present invention may operate with a wide variety of types of devices. It is therefore intended that the invention not be limited by the discussion of specific embodiments.[0019]

For purposes of clarity, the invention is described in terms of systems that include many different innovative components and innovative combinations of components. No inference should be taken to limit the invention to combinations containing all of the innovative components listed in any illustrative embodiment in this specification.[0020]

Additional objects, advantages, aspects and features of the present invention will become apparent from the description of preferred embodiments, set forth below, which should be taken in conjunction with the accompanying drawings, a brief description of which follows.[0021]

BRIEF DESCRIPTION OF THE DRAWINGS

The invention will be better understood by reference to the Figures of the drawings wherein:[0022]

FIG. 1 is a perspective of a tissue connector assembly of the present invention;[0023]

FIGS.[0024]2A-2C are perspective views showing the removal of a fastener from a holder, where FIG. 2A shows the fastener in an open configuration and stored in the holder, FIG. 2B shows the fastener in an open configuration and partially pulled out of the holder just prior to fastening, and FIG. 2C shows the fastener released from the holder and returned to the closed configuration;

FIG. 3 is cross-sectional view[0025]3-3 from FIG. 2A of the fastener and holder of the present invention;

FIGS.[0026]4A-4C are three alternative restraint mechanism embodiments along cross-section view3-3;

FIG. 5 is a distal end view[0027]5-5 from FIG. 2A of the fastener and holder of the present invention;

FIGS.[0028]6A-6B are views of an alternative tissue connector assembly of the present invention having a fastener retained by a holder integral to a piercing member, where FIG. 6A is a perspective view and FIG. 6B is a cross-sectional view of the alternative assembly;

FIGS.[0029]7A-7B show a tissue connector assembly of the present invention threaded through two tissues, where FIG. 7A is a perspective view of the assembly threaded through the end of a graft vessel and near an opening created in a second vessel for performing an anastomosis, and FIG. 7B is a perspective view of the vessels positioned for performing the anastomosis;

FIGS.[0030]8A-8C show the placement of a fastener in a radial configuration, where FIG. 8A is a cross-sectional view of a clip and the tissue prior to fastening, FIG. 8B is a cross-sectional view after fastening, and FIG. 8C shows the placement of radially arranged fasteners about the anastomosis;

FIGS.[0031]9A-9C show the placement of a fastener in a circumferential fastening configuration, where FIG. 9A is a cross-sectional view of a clip and the tissue prior to fastening, FIG. 9B is a cross-sectional view after fastening, and FIG. 9C shows the placement of circumferentially arranged fasteners about the anastomosis;

FIG. 10 illustrates the action required for separating the fastener from the holder;[0032]

FIGS.[0033]11A-11B are views of a first alternative fastener embodiment, where FIG. 11A is a view of the fastener in a closed configuration, and FIG. 11B is a view of the fastener as it clips tissue in a fastened configuration;

FIGS.[0034]12A-12B are views of the fastener of a second alternative fastener embodiment, where FIG. 12A is a view of the fastener in a closed configuration, and FIG. 12B is a view of the fastener as it clips tissue in a fastened configuration;

FIGS.[0035]13A-13B are views of a third alternative fastener embodiment, where FIG. 13A is a view of the fastener in a closed configuration, and FIG. 13D is a view of the fastener as it clips tissue in a fastened configuration;

FIG. 14 is a view of a fourth alternative fastener embodiment in a closed configuration;[0036]

FIG. 15 is a view of a fifth alternative fastener embodiment in a closed configuration;[0037]

FIG. 16 is a view of a sixth alternative fastener embodiment in a closed configuration;[0038]

FIGS.[0039]17A-D are views of an seventh alternative fastener embodiment in a closed configuration, where FIG. 17A is a view of the fastener in a closed configuration, FIG. 17B is a view, of the fastener with terminator arms restrained in an open configuration, FIG.17C is a view of the fastener placed for clipping, and FIG. 17D is a view of the fastener in a fastened configuration; and

FIGS.[0040]18A-C are frontal views of a eighth alternative fastener, where FIG. 18A is a view of the fastener in a closed configuration, FIG. 18B is a view of the fastener in an open configuration as restrained with suture, and FIG. 18C is a view of the fastener restrained with a restraining clip.

Reference symbols are used in the Figures to indicate certain components, aspects or features shown therein, with reference symbols common to more than one Figure indicating like components, aspects or features shown therein. The reference symbols used herein are not to be confused with any reference symbols used in the items that have been incorporated herein by reference.[0041]

DESCRIPTION OF SPECIFIC EMBODIMENTS

Referring now to the drawings, and first to FIG. 1, a tissue connector assembly constructed according to the principles of the present invention is shown and generally indicated with[0042]

reference numeral

100. Thetissue connector assembly100 may be used to manipulate and align tissues, or tissue and graft with respect to each other and thereafter connect the tissues together (FIGS.6-8). As used herein, the term graft includes any of the following: homografts, xenografts, allografts, alloplastic materials, and combinations of the foregoing. The tissue connector assembly and connectors of the present invention are generally useful for attaching tissues and, as will become apparent upon reflection of the present disclosure, can be used for a variety of medical procedures or can be modified within the scope of the present invention to perform such procedures. Thus thetissue connector assembly100 may be used as illustrated in FIGS. 7, 8 and9 in vascular surgery to replace or bypass a diseased, occluded, or injured artery by connecting agraft vessel701 to acoronary artery703 or vein in an anastomosis, for example. Thetissue connector assembly100 may be used in open surgical procedures or in minimally invasive or endoscopic procedures for attaching tissue located in the chest, abdominal cavity, or retroperitoneal space. These examples, however, are provided for illustration and are not meant to be limiting.

In the embodiment shown in FIG. 1,[0043]

tissue connector assembly

100 generally comprises afastener101 and afastener delivery device110.Delivery device110 includes aholder103 that is adapted to retainfastener101 and is attached to a penetrating member orneedle109. As shown in FIG. 1,holder103 is attached toneedle109 through atransition piece105 to aflexible member107. In general, theneedle109 has a sharp pointed tip111 at its distal end for penetrating tissue. Theneedle109 may be bent as shown in FIG. 1, for example. The distal end of theneedle109 is preferably rigid to facilitate penetration of tissue. The remaining length of theneedle109 may be rigid or flexible to facilitate movement of the needle through the tissue as further described below. The tip111 of theneedle109 may be conical, tapered, or grounded to attain a three or four facet tip, for example. Theneedle109 may be made from stainless steel or any other suitable material, such as a polymeric material. It is to be understood that theneedle109 may have a shape or radius of curvature other than the one shown, without departing from the scope of the invention. Theneedle109 may be integrally formed withholder103 or may be swaged, welded, threadably attached, or attached by any other suitable means to the holder. In some embodiments of the inventionflexible member107 resists rotation about the elongated direction, permittingfastener101 andneedle109 to have a discernable mutual orientation. This embodiment is particularly useful for locating and placingfastener101 in a preferred orientation, if so desired. For such uses, it may be advantageous to use a unitaryflexible member107 such as a strand of nitinol wire.

[0044]

Tissue connector assembly

100 provides for the delivery offastener101 to a site in a tissue for fastening. Specifically,fastener101 is releasably constrained or otherwise held in an open configuration as shown in FIG. 1 to deliver the fastener to a particular tissue site.Fastener101 has a plurality of elements that, upon delivery, compress with a clipping action tissue through which it is placed. Prior to being placed in a tissue for fastening,fastener101 is held in place bydelivery device110, or more specifically byholder103.Holder103 provides for retainingfastener101 with arms or astopper102 that protrudes away fromholder103 and has a shape useful inpositioning fastener101 against a tissue thatassembly100 is threaded through (not shown). Thusstopper102 is generally perpendicular or transverse to the elongated direction ofassembly100 and may have portions to facilitate placingfastener101 by curving towardsholder103, for example. As described below,fastener101 may be a self-closing fastener that is held for delivery byholder103 to a tissue or to a layer of tissues (not shown in FIG. 1), and that upon removal fromdelivery device110 is left attached to the tissue, while the delivery device is removed.Fastener101 may thus include one or more self-closing, opposable elements that are held in a restrained configuration bydelivery system110, are positioned on opposite sides of a tissue, and are the released from delivery device upon the proper application of force, allowing the elements to relax towards an unrestrained configuration and to opposably approach other fastener elements to compress tissue placed or caught therebetween.

One important features of[0045]

assembly

100 isstopper103 which provides for positive seating offastener101 against a tissue, while another important feature is the releasable holding offastener101 and the self-closing action that causes the fastener to assume a shape useful for compressing tissue. Thefastener101 is thus held in one configuration suitable for delivering the fastener to a tissue site through an opening such as a piercing and, upon release, transform towards a second configuration suitable for compressing the tissue. One embodiment of the inventive fastener uses material that can repeatably deform between the two configurations. The fastener can thus be fabricated or heat treated to assume the relaxed, closed configuration, can be deformed into the open configuration and upon delivery will conform to the closed configuration.

The[0046]

tissue connector assembly

100 thus provides for placing afastener101 at the correct position within a tissue for fastening and the delivery of thefastener101 at a tissue site, for joining tissue with opposable members, and removal ofdelivery device110, specifically needle109,flexible member107,transition piece105 andholder103 fromfastener101.

An alternative[0047]

tissue connector assembly

600 is shown in FIGS. 6A and 6B as a perspective view and a cross-sectional view, respectively.Assembly600 has afastener601 coupled directly to aneedle609. Specificallyneedle609 form a part of adelivery device610, which further includes afastener holding section603 adapted to retainfastener610.Fastener601 is a fastener of the present invention, such asfastener101 or other fasteners as described in detail subsequently. In general, theneedle609 has a sharppointed tip611 at its distal end for penetrating tissue. Theneedle609 may be bent as shown in FIG. 6, for example. The distal end of theneedle609 is preferably rigid to facilitate penetration of tissue. The remaining length of theneedle609 may be rigid or flexible to facilitate movement of the needle through the tissue as further described below. Thetip611 of theneedle609 may be conical, tapered, or grounded to attain a three or four facet tip, for example. Theneedle609 may be made from stainless steel or any other suitable material, such as a polymeric material. It is to be understood that theneedle609 may have a shape or radius of curvature other than the one shown, without departing from the scope of the invention. Theneedle609 may be integrally formed withholder603 or may be swaged, welded, threadably attached, or attached by any other suitable means to the holder.

Various fasteners, holders and delivery devices and methods will now be described in greater detail to illustrate, without limiting in the scope of the invention, devices and methods that achieve the aspects, objects and advantages of the present invention.[0048]

Clip and Holder Embodiment and Operation[0049]

There are many fasteners and fastener delivery systems that fall within the scope of the claimed invention. As an illustration of one fastener and delivery system, and in particular a fastener and fastener holder, is presented with reference to a[0050]

fastener

101.Fastener101 is can be delivered to a tissue site, for example, with thedelivery system100 of FIG. 1, and in particular is a self-closing fastener restrained byholder103. One particular embodiment ofassembly100 is shown with reference and without limitation, to FIGS. 2, 3, and5. In particular, a fastener is constructed as afastener200 shown as a particular embodiment of

fastener

101 or601, with a pair of stoppers ordistal arms210 serving the function ofstopper102 of FIG. 1.Fastener200 is constructed of a flexible material that can assume a variety of configurations, enabling it to provide a compressive force on tissue by passing the fastener though the tissue and presenting opposable arms at locations near the location through which the fastener passes. Alternative fastener embodiments within the scope of the present invention are presented below and include, but are not limited to, a fasteners that include one or more opposable elements, fasteners having differing number of opposable elements on opposing sides, fasteners having elements that bend to compress tissue from one or both sides, fasteners that include multiple clipping elements of differing shape, clipping forces or symmetry, and fasteners of unitary or modular construction.

In addition, the various fastener elements or arms may be attached at any position that allows the transfer of force to opposable arms while positioning opposable elements on opposite sides of the tissue.[0051]

Holder

240 is aholder103 adapted to retainfastener200 in an open configuration for delivery to a tissue site, and allows for release of the clip for removal ofdelivery device110 to allow the fastener to revert towards a relaxed state that provides compressive forces to a tissue. Alternative holder embodiments within the scope of the present invention are presented below and include, but are not limited to tubular structures, wire clip structures, and suture.

Returning now to a specific embodiment of the present invention, FIGS.[0052]2A-C show afastener200 held by holder240 (as in perspective view FIG. 2A and distal end view FIG. 5), being removed from the holder (FIG. 2B) and fully removed from the holder (FIG. 2C). FIG. 3 shows a cross-sectional view3-3 of FIG. 2A, showingfastener200 engaged withinholder240, and FIG. 5 is a distal end view5-5, also of FIG. 2A.Fastener200 comprises a pair of

clips

231 and233 each including one of the pair of stopper ordistal arms201, and one of the pair of terminator orproximal arms203. Each of

arms

201 and203 has a free end, as in stopper ordistal ends206 and terminator or proximal ends204, and is connected to other arms through a connectingstem205.Terminator arms203 are in general flexible whilestopper arms201 may be flexible and are adapted to transfer distally directed forces throughfastener101 to the terminator arms. The range of motion ofterminator arms203 are best considered in relation to FIG. 2 which shows the removal offastener200 fromholder240.Holder240 includes a generallycylindrical tube207 having aninner surface301 forming alumen207 atdistal end211 for acceptingfastener101.Terminator arms203 are bendable to allow a change in shape betweenopen configuration210 andclosed configuration220. Thus FIG. 2A shows the pair ofterminator arms203 inopen configuration210 placed withinlumen209.Terminator arms203 lie withintube207, whilestopper arms201 protrude radially away fromholder240.

[0053]

Open configuration

210 is particularly useful for delivery offastener200 restrained withintissue connector apparatus100, allowing twoterminator arms203 to be inserted through a tissue opening prior to closing the fastener, as described subsequently. FIG. 2B shows a step in the removal offastener200 fromholder240 as indicated by the opposing arrows during whichfastener200 generally maintainsopen configuration210. FIG. 2C shows arelaxed configuration220 has terminator ends204 and stopper ends206 opposably approaching to within a distance S about a line L, as shown in FIG. 2C.Terminator arms203 can be straightened, forcingfastener200 into anopen configuration210. The shape offastener200 promotes the bending ofterminator arms203 and allowsstopper arms201 to resist forces in the distal direction, and allows the formation of pair of opposable arms forming a pair of

clips

231 and233, as in FIG. 2C. As will be discussed subsequently, this clip embodiment is particularly useful for compressing tissue any material near line L of thickness greater than S. In addition, alternative clip embodiments will be presented subsequently that can be used to otherwise compress tissue between stopper arms and terminator arms over a larger or smaller area or with greater or smaller forces.

One particularly useful class of materials are nickel titanium (nitinol) based alloys. In addition to being biocompatible, nitinol under the right conditions is superelastic and can be repeatably deformed to a greater extent than most metals. The nitinol may include additional elements which affect the yield strength of the material or the temperature at which particular pseudoelastic or shape transformation characteristics occur. Nitinol exhibits a phase transition between two solid phases: martensite, which is generally stable at low temperatures, and austenite, which is generally stable at high temperatures. The transformation exhibits hysteresis, and upon cooling to temperatures below the M[0054]_ftemperature the martensite phase is stable, while upon heating austenite is stable at temperatures above the A_ftemperature.

At temperatures slightly above the A[0055]_ftransformation temperature, the shape memory alloy exhibits pseudoelastic (superelastic) behavior when deformed. This is due to the particular mechanical properties of the various phases and the effect of phase transitions on the stress-strain curve of the alloy. In particular, martensite is more deformable and less strong than austenite. At temperature slightly above the A_ftransformation temperature, the application of stress can cause a phase change of austenite into martensite. As the stress is removed, the material undergoes a martensitic to austenitic conversion, and springs back to its original undeformed configuration. At temperature slightly above the A_ftransformation temperature Nitinol thus behaves “superelastically.” In addition, the material exhibits a shape memory effect, in that a heat treated element having nitinol in the austenite phase can then be cooled to a temperature were at least a portion of the element includes martensite, the element can be reconfigured into a shape in which the martensite is plastically deformed, and then the element can be heated above the A_ftransformation temperature allowing the martensite to change phase back to austenite and causing the element to revert to the heat treated configuration.

Thus one method of using a nitinol alloy as material for the inventive fasteners is to choose an alloy having a transformation temperature A[0056]_fthat is just below the temperature at which the fastener is to be used in a tissue thus permitting for example from as a superelastic material, permitting elastic deformation over a very wide range of shape. Afastener101 heat treated while maintained in what will become the “relaxed configuration” to produce a fastener that is predominantly austenite.Fastener101 is then cooled to a temperature at which at least a portion of the fastener undergoes the change phase to martensite, is deformed and inserted intoholder103, and warmed to above the A_ftemperature. Upon warming,fastener101 attempts to return to the relaxed configuration, and thus the transition arms are forced against the interior surface ofholder103. Thefastener101 will then stay coupled toholder103 until pulled apart as described subsequently. For normal surgical procedures, the fastener should have a transition temperature slightly below body temperature, while for procedures performed at lower temperatures a lower transition temperature may be appropriate. For example with a stopped heart condition where cold cardioplegia has been injected for temporary paralysis of the heart tissue a transition temperature as low as 8-10 degrees Celsius may be useful.

Another important aspect of the present invention is the delivery of a “self-closing” fastener that if otherwise unconstrained will, upon release, assume an relaxed configuration. The discussion that follows illustrates the inventive fastener exhibiting some of the aspects of a self-closing fastener. Specifically with reference to the[0057]

tissue connector assemblies

100 or600 having a self-closing fastener such asfastener200, consider the fastener formed of an elastic material inclosed configuration220 is shown in FIG. 3 in cross-section3-3 of FIG. 2A. The removal offastener200 from the remainingassembly110 results from the interaction of the fastener andholder240 along with applied external forces to the fastener and holder.Terminator arms203 can be manufactured from nitinol and operated slightly above the A_ftransition temperature, allowing use of the superelastic properties of that material and allowing for bending offastener200 betweenclosed configuration220 to openconfiguration210. Alternatively,terminator arms203 can be constructed of an elastic material.

One technique for manufacturing the inventive fastener from nitinol forms the fastener from nitinol wire or sheet. The fastener is preferably produced from a sheet of nitinol by flat-annealing the sheet, laser-cutting or photo-etching the shape from the sheet, de-burring or polishing the fastener, and heat treating the fastener to achieve desirable superelastic properties and surface conditions. The dimensions of the fastener are governed by the tissue thickness and elastic or superelastic properties of the fastener material that allow for predictable forces to be transferred to the tissue. Thus for example, sheet thickness t can range from 0.001 to 0.125 inches, with a thickness of 0.003 to 0.015 inches preferable. Alternatively, the fastener can be fashioned from wire by winding the wire on a fixture or mandrel, heat treating to set the desired shape, cutting the wire into individual components with burr-free ends, and connecting the components by welding or crimping to form a complete fastener. Useful wire sizes ranges are generally below 0.010″ in diameter, with diameters of 0.002″ to 0.008″ being particularly useful for vascular attachments.[0058]

Fastener

101, andfastener200 in particular, can thus include, but are not limited to a unitary construction of a sheet of material of thickness t (as shown in FIG. 5) having

arms

201 and203 cut to formclosed configuration220 as shown, or can be formed of wires as pairs of proximal and distal arms and attached together, or from four separate arms attached near a central portion, forming a bridge as in connectingstem205. When assembled and heat treated to assumeclosed configuration220, stopper ends206 and terminator ends204 approach each other to within a spacing S that is preferably less than the total thickness of tissue to be connected, for example S may be a large as 0.250 inches so that two layers of tissues each 0.180 inches can be fastened.

Ends

204 and206 are spaced a distance less than 0.250 inches apart with connectingstem205 centrally located.Terminator arms204 can thus be straightened to fit withinholder103 having an inner diameter D of 0.005 to 0.250 inches, and preferably having a diameter of less than 0.025 inches, such as 0.007 inches. The arm thickness A of the more flexible components are sized to permit the clips to transfer a useful force while not overstressing the material on transitioning from an open to a closed configuration. Values of A greater than 0.002″ provide a thickness that is both flexible and provides a useful compressive force.

The[0059]

open configuration

210 includesterminator arms203 brought together by application of a pair of forces F on terminator ends204 that pull the ends towards one another as shown in FIG. 3.Fastener200 is thus under stress due to the deformation ofterminator arms203 from theclosed configuration220. Terminator ends204 contactinner surface208 at contact points301, generating a force F atcontact points301 depending on the shape ofinner surface208 and the shape and state offastener200. The removal offastener200 from the remainingassembly110 results from the interaction of fastener andholder240 along with applied external forces to the fastener and holder. For a cylindricalinner surface208 such as is shown in FIG. 3, the force required to extractfastener200 fromholder240 is approximately constant. Upon pullingfastener200 fromholder240, a frictional force will resist the release of the fastener due to the motion shown as the arrows in FIG. 2B. The amount of friction can be controlled by modifying the inner surface, for example by having rough or smooth portions, or by contouring the surface. Once terminator ends204 no longer contactinner surface208, the force onterminator arms204 is removed andfastener200 can deform towardsclosed configuration220.

The presence a tissue or other members to be fastened (near line L) may restrain or otherwise force the fastener to assume other than the relaxed configuration. Preferably the fastener attempts to provide a force against the tissue that aids in sealing or healing of a tissue wound other tissue opening, or is otherwise useful for connecting attempts to assume or approaches a relaxed configuration.[0060]

Many of the previous features and methods of operation relate to the alternative[0061]

tissue connector assembly

600 is shown in FIGS. 6A and 6B. Thusfastener601 could befastener200 or other appropriately adapted fastener of the present invention, whilefastener holding section603

holder

240 or an equivalent.Fastener600 is threaded through a tissue, as described previously, and whenstopper602 seat against a tissue, the fastener is released as previously described.

Methods of Using the Tissue Connector Assembly[0062]

The purpose of tissue connector assembly is, in part, to deliver[0063]

fastener

101 through aligned tissue piercings such that the fastener passes through one tissue opening and applies compression to points distanced from the piercing. Referring to the use of afastener101 embodiment such asfastener200, this entails placing the fastener such thatclosed configuration220 is placed with connecting stern205 through a piercing of one tissue or two or more stacked tissues, while compressing the tissue at points near one or more of the end of terminator ends204 and stopper ends206. Two particular methods for usingtissue connector assembly100 and similar assemblies to deliverfastener101 will now be presented to illustrate providing fastener to a tissue site.

As a specific example of the use the inventive[0064]

tissue connector assembly

100, consider the use of two specific tissue assemblies800 and900 as shown in FIGS. 8aand9afor connecting two tissues in a surgical procedure. The general differences betweenassemblies100,800, and900 involve the orientation ofneedle109 tofastener101. For the purposed of this example, thefastener101 isfastener200. Inassembly100 there is no specific orientation between the curvature ofneedle109 and the orientation ofstopper arms201. In assemblies800 and900

flexible member

107 resists rotation about the elongated axis of the member to permit more precise positioning of the fastener with relation to the

edges

705 and707, and allowing specific types of attachments to be performed. In general, the use of the inventive fastener thoughassemblies100,800, or900 as follows provides intima-to-intima contact with a self-closing fastener in one movement and without the need to tie suture.

More specifically, and for purposes of illustration not meant to limit the scope of the present invention, consider the use of[0065]

assemblies

100,800, or900 to perform an anastomosis of agraft vessel701 onto anartery703 as shown prior to connecting tissue in FIG. 7A. In an end-to-side anastomosis procedure, theedge707 ofgraft vessel701 is attached to thewall artery703 about a surgically providedarterial wall opening705. Thetissue connector assembly101 may be used in open surgical procedures or in minimally invasive or endoscopic procedures for attaching tissue located in the chest, abdominal cavity, or retroperitoneal space. These examples, however, are provided for illustration and are not meant to be limiting to the type of tissues connected or to specific orientations of the fastener relative to the tissue.

The surgical technique of anastomosis includes cutting artery wall to produce an[0066]

opening

705, and connectingedge707 along or near theopening705. The placement of tissue for attachment is illustrated in the sequence of FIGS.7A-7B and8A-8C, where the assembly800 is used to place fasteners aligned perpendicular to the line of attachment and thus radial with respect tograft vessel701, is shown in the attached vessels of FIG. 8C. FIG. 7A shows tissue connector assembly such asassemblies100,800, or900 threaded throughgraft701 andartery703, whereneedle109 has been threaded through a first piercing709 from the outside to the inside ofgraft701, throughopening705, and through a second piercing711 from the inside to the outside ofartery703. FIG. 7B shows thegraft701 placed ontoartery703. Alternatively, multipletissue connector assemblies101 can be place aboutedge705 andopening707 in a procedure such as “parachuting” to provide more positive placement of the fasteners. In parachuting, the threading order is as in FIG. 7, withassembly100, for example, threaded throughgraft701 andseating fastener101 seated against the graft, and then threaded throughartery703, permitting a the graft and fastener to together approach the artery piercing711. As an additional alternative, combinations of radially and circumferentially placed fasteners (as described subsequently) may be used, or other types of clips or fasteners may be used or combined with sutures at different positions about the tissue attachment. For example, the tissue connectors described in the co-owned U.S. patent application for a BRIDGE CLIP TISSUE CONNECTOR APPARATUS AND METHODS filed Apr. 4, 2001, included herein by reference, are particularly useful self-closing fasteners useful for securing the locally stressful attachment points at the heal or toe of the anastomosis.

Tissue connector assembly[0067]800, or atleast holder240 portion of the assembly, is next pulled through

piercings

709 and711 to place the fastener radially as shown in FIG. 8A. The twostopper arms201 are differentiated asinner stopper arm201A and outer stopper arm201B. The orientation ofcurved needle109 away fromgraft701 radially alignsfastener200. In the radial fastener placement,fastener200 is positioned so thatinner stopper arm201A is radially aligned towards the center ofgraft701, and the end of the outer stopper arm201B is positioned radially away fromgraft701, for example beyond the edge ofopening705 andedge707. In bringingholder240 through

piercings

709 and711, the vessels are each partially everted, bringinggraft intima801 in contact withartery intima803, as shown in FIG. 8A. Withfastener200 so placed, a longitudinal force is applied to separate the fastener fromholder240 as shown in FIG. 2B. One method for applying the required longitudinal force is to pullholder240,flexible member107 orneedle109 withfastener200 seated againstartery703. This creates a countertension betweenfastener200 andholder240 that allows the fastener to slide out of the holder. An alternative method for affecting separtion offastener200 andholder240 is to provide an added force by placing the tips of a pair of pliers or other handy surgical implements on the opposite side of the tissue and against the fastener as illustrated in FIG. 10. With theholder240 removed,fastener200 tends towardsclosed configuration220, or specifically towards fastened configuration230 as shown in FIG. 8B.Inner stopper arm201A approaches the corresponding one ofterminator arms203, compressing atissue portion805 therebetween with intima-to-intima contact. The resulting force from tissue contacts causes the fastened configuration to be slightly more open then closedconfiguration220 may include the bending ofstopper arms201 from the closed configuration. The stopper pair of arms201B may or may not compress tissue (they are shown in FIG. 8B as meeting past the tissue edges and thus not compressing. tissue). The clip is additionally anchored bycentral portion205 passing through

piercings

709 and711.Multiple clips101 ordual clips200 or other types of self closing clips can likewise be placed to form a series of intima-to-intima contacts about the periphery of the anastomosis.

An alternative method for attaching tissue is illustrated in the sequence of FIGS.[0068]7A-7B and9A-9C, where the clip are aligned parallel to the line of attachment and thus circumferentially about the anastomosis, as shown in the attached vessels of FIG. 9C. As in the radial placement of FIGS.8A-8C, the circumferential placement of a clip begins as shown in FIG. 7A with tissue connector assembly900 threaded throughgraft701 andartery703, withneedle109 threaded through a first piercing709 from the outside to the inside ofgraft701, throughopening705, and through a second piercing711 from the inside to the outside ofartery703, and FIG. 7B shows thegraft701 placed ontoartery703.

Tissue connector assembly[0069]900, or atleast holder240 portion of the assembly, is next pulled through

piercings

709 and711 to place the clip radially as shown in FIG. 9A. Withneedle109 curved away fromgraft701,fastener200 is placed circumferentially on the anastomosis. Specifically, the twostopper arms201 are circumferentially placed approximately the same distance fromedge707. In bringingholder103 through

piercings

709 and711, the vessels are each partially everted untilgraft intima801

contacts artery intima

803, as shown in FIG. 9A. Withfastener200 so placed, a longitudinal force is applied to separate the clip fromholder240, as shown in FIG. 2B. The force may either be applied by pulling on theholder240 or attached components or by applying additional force, as through pliers, as described previously.

With the[0070]

holder

240 removed,fastener200 tends towardclosed configuration220 and assumes fastenedconfiguration232 as shown in FIG. 9B. As noted previously, the forces on the closed clip are not those of the relaxed orclosed clip220, and thus one or more arms may be deformed outwards from the relaxed configuration. Specifically,terminator arms201 approach correspondingproximal arms203, compressingtissue portions807 and809 therebetween with intima-to-intima contact. The clip is additionally anchored and located by connectingstem205 passing through

piercings

709 and711.Multiple clips101 ordual clips200 can likewise be placed to form a series of intima-to-intima contacts about the periphery of the anastomosis as shown in FIG. 9C.

The circumferential placement, as shown in FIG. 9C, and the radial placement as shown in FIG. 8C both have advantages for attaching tissue. The circumferential placement, for example, provides two compression points with a single piercing of the two tissues, and thus minimizes the number of clips needed for an anastomosis. The radial placement minimizes the intraluminal exposure of the clip to the interior of the vessels and may have better intima-to-intima contact. The radial and circumferential placement may be combined on an anastomosis to take advantage of the various orientations. Thus for example radial placement could be used at the toe of the anastomotic attachment for added strength, while circumferential placement could be used on the sides to minimize the number of fasteners.[0071]

Alternative Clip Embodiments[0072]

Several alternative fastener embodiments of[0073]

fastener

101 or601 are presented in FIGS.11-17. FIGS.11A-11B are perspective views of a first alternative fastener embodiment afastener1100, where FIG. 11A is a view of the fastener in aclosed configuration1120, and FIG. 11B is a view of the fastener as it clips tissue in a fastened configuration1130, which is the configuration assumed after insertion into a pair of tissues T1 and T2. As with the embodiment of FIG. 2, fastener1110 includes afirst clip231 and asecond clip233. Each of

clip

231 and233 has a pair ofstopper arms1101 for seating against tissue and a pair ofterminator arms1103 for bending intoholder103. While the embodiment of FIG. 2 provides compression across opposing ends204 and206, many of the alternative embodiments provide compression between ends and opposing arms or between opposing arms. These variations in design allow for tailoring fasteners to produce different amounts of compression or to distribute the compression differently over the tissue.

The first alternative embodiment of a[0074]

fastener

1100 is shown in FIGS.11A-11B havingstopper arms1101 protruding radially outwards from connectingstem1105 whileterminator arms1103 are similar toarms203 and apply a terminator ends1104.Dual clip1101 thus presentssurface1102 to tissue T1 with connectingstem1105 passing through tissues T1 and T2.Terminator arms1103 present terminator ends1104 against tissue T2. Tissues T1 and T2 are compressed between terminator ends1104 and a compression portion1107 ofstopper arms1101.

The second alternative embodiment of a[0075]

fastener

1200 is shown in FIGS.12A-12B, where FIG. 12A is a view of the fastener in aclosed configuration1220, and FIG. 12B is a view of the fastener as it clips tissue in a fastened configuration1230.Dual fastener1200 has stopper ends1206 that more closely approachterminator edge1211 than terminator ends1204. This configuration provides a higher compressive force than does thefastener200 by having a closed configuration220C that traps tissue T1 and T2 more tightly between the stopper arms1201 andterminator arms1203.

The third alternative embodiment of a[0076]

fastener

1300 is shown in FIGS.13A-13B, where FIG. 13A is a view of the fastener in aclosed configuration1320, and FIG. 13B is a view of the fastener as it clips tissue in a fastened configuration1330.Dual fastener1300 has acircular stopper1306 and a circular shaped pair ofterminator arms1303. As shown in FIG. 13B, fastened configuration1330 provides compression over a greater area than either of the previously described clips by compressing tissues T1 and T2 between nearly the entire presented arms of the terminator and stopper arms.

A fourth alternative embodiment of a[0077]

fastener

1400 is shown in FIG. 14 in aclosed configuration1420.Fastener1400 and the subsequent embodiments differ from the previous embodiments in that the

clips

231 and233 are attached by a cross member1410 which bridgingdistal arms1401, as opposed to the embodiment of FIG. 2, for example, in which clips231 and233 have a common connectingstem205. Since connectingstem205 structurally transfer the forces of both

clips

231 and233 in embodiments having a connecting stem, the stresses instem205 include the stress associated with each of the clips. The use of a cross member1410 isolates the stress in each of

clips

231 and233, allowing for greater unyielding displacements of

individual clips

231 and233. In addition to the inclusion of cross member1410, clips231 and233 apply forces asymmetrically. Specifically, proximal ends1403′ and1403″ differ in length, with distal end1404′ ofclip231 extending more distally than does proximal end1404″ ofclip233.Clip231 of thefourth embodiment1400 is thus configured to compress a greater surface are of tissue (not shown) or to provide a greater tissue compressive force.

A fifth alternative embodiment of a fastener[0078]1500 is shown in FIG. 15 in closed configuration1502. Fastener1500 is similar tofastener1300, with the substitution of across member1510 for connectingstem1305 and asymmetricproximal arms1503′ and1503″, allowingclip231 of fastener1500 to provide a greater compressive force thanclip233 of fastener1500.

A sixth alternative embodiment of a fastener[0079]1600 is shown in FIG. 16 in closed configuration1620. Fastener1600 has enlarged distal arms1601 joined by cross member1610 and having wrap-aroundproximal arms1603, providing for greater tissue contact than is possible with many of the previous designs.

A seventh alternative embodiment of a[0080]

fastener

1700 are shown in the several views of FIG. 17. Specifically, FIG. 17A is a view of the fastener in a closed configuration1720, FIG. 17B is a view of the fastener in anopen configuration1710, FIG. 17C is a view of the fastener placed for fastening, and FIG. 17D is a view of the fastener in a fastened configuration1730. FIG. 17A shows thedistal arms1701 andproximal arms1703 attached withcross member1710 and forming the two

clips

231 and233 offastener1700. Unlike theother fastener embodiments200, and1100-1600,fastener1700 has bothproximal arms1703 anddistal arms1701 in closed configuration1720 protruding proximally. As discussed subsequently, this configuration of arms allows both the proximal and distal arms to act as springs to provide greater compression to tissue T1 and T2. FIG. 17B showsfastener1700 inopen configuration1710. As in the previous embodiments,proximal arms1703 are straightened and held in place by aholder1740.Distal arms1701 curve back towardsholder1740, presenting most proximally surfaces1750.

FIG. 17C shows[0081]

fastener

1700 inopen configuration1710 as placed through piercing P in tissues T1 and T2.Proximal arms1703 are led through piercing P byholder1740, whilesurfaces1750 contact tissue T2. Asfastener1700 is further pulled through piercing P,distal arms1701 compress against tissue T2, and asproximal arms1703 are released fromholder1740, the proximal arms spring back towards T1, assuming fastened configuration1730 of FIG. 17D. In addition to providing compressive forces on both tissue surfaces,fastener1700 can be configured to clip tissues of nearly any thickness, since the unrestrained arms attempt to assume closed configuration1720. Since the fastened configuration1730 and closed configuration1720 have reversed longitudinal placement of thedistal arms1701 andproximal arms1703, the arms can oppose one another and clip tissue of nearly any thickness. The inventive clip may have more than two pairs of stopper and terminator arms, for example three or more pairs of arms arranged about one or more centrally located connecting stems, or the stopper end could be a disc shape, radially protruding member that presents half of the opposable arm configuration to the tissue. Other embodiments within the scope of the present invention include fasteners that, when viewed from the proximal or distal ends, include clips that are not arranged symmetrically. Thus for example, a fastener when viewed from the end, as in FIG. 5 could have a 90 degree angle between the planes formed by arms of

clips

231 and233.

Alternative Holder Embodiments[0082]

Three[0083]

alternative holders

103 are shown in FIGS.4A-4C where the force F, and thus the frictional force for removal, are altered by changing theinner surface208. For reference in the following discussion, the embodiment of FIG. 3 has a constant diameter innercylindrical surface208, resulting in a constant force for extractingfastener101 after the initial static frictional force is overcome. The alternative embodiments of FIG. 4 have theinner surface208 modified to change the force required to extractfastener101. The change in force with extraction has implications on how easy it is to seat the fastener without it being accidentally actuated and on the “feel” of the use of the fastener.

The first alternative holder embodiment of FIG. 4A has an inner surface[0084]208A with aprotrusion401 at the distal end of holder103A.Protrusion401 provides an added barrier to the removal offastener101. If the friction coefficient of surface208A were constant, for example, then a constant force would be required to axiallyslide fastener101 to thedistal holder end211. Pullingfastener101 overprotrusion401 requires further bending ofproximal arm203, resulting in a higher normal force. An increased normal force results in a higher frictional force, and thus the extraction offastener101 from the end of holder103B requires a slightly higher force.

The second alternative holder embodiment of FIG. 4B has an generally cylindrical inner surface[0085]208B with ainner protrusion402 positioned to positively seat the fastener in the fully retained position of FIG. 2A. In this embodiment a higher force is required to initiate the ejection offastener101 fromholder103, followed by a constant force. The third alternative holder embodiment of FIG. 4C has a force requirement similar to the second alternative embodiment. As shown in FIG. 4C, inner surface208C hasrecess403 for retaining terminator ends204. Upon initiating extractingfastener101, terminator ends204 first move inwards and are then held at a constant diameter. The modification of theinner surface208 by changes in contour or friction coefficient by a variety of means would be obvious to those in the art, and could include bumps, ridges, changes in surface finish, and could include multiple devices to modify the friction offastener101 as it is pulled fromholder103. Thus for example there could be a required high starting force and ending force to permit a user of the fastener to feel when the fastener is being released and when the release is complete.

While the pervious discussion was directed to modifications of[0086]

holder

103 that describe circumferentially uniform changes toinner surface208 that affect the longitudinal frictionforce restraining fastener101, the same devices could be placed with circumferential orientations to allow the fastener to be positively located within the holder. Thus for example, the holders in FIGS. 8aand9acould provide for positively fixing the rotational orientation of the held fastener within the holder.

In addition to generally cylindrical holders such as[0087]

holders

103,240,1740, fastener can be configured for holding using other techniques. Thus for example, FIG. 18A shows afastener1700′ in closed configuration1720′, which isfastener1700 modified with the addition ofnotches1801 near the endsproximal arms1703′. FIG. 18B showsfastener1700′ with a length ofsuture1840A wrapped aboutproximal arms1703′ and throughnotches1801 to restrain the fastener.Holder1840A can be released by cutting the suture, for example. FIG. 18C showsfastener1700′ restrained by aholder clip1840B which fits intonotches1801 and has a hole orring1841 through which suture107 can be attached to form atissue connector apparatus100.

Additional alternative holder embodiments include, but are not limited to a holder that is radially flexible, where the flexing of the holder causes a change in inner surface shape the ejects the clip from the holder and a holder in the form of an open structure that retains the terminator ends in a detent structure, a holder that is in the shape of a clip that retains the proximal arms, and a holder formed of suture by wrapping the suture about the proximal arms and is released upon cutting the suture. Alternatively, other release mechanisms could be incorporated into[0088]

holder

103 for holding and releasingfastener101, and the clip geometry and/or surface condition may interact with the holder to either restrain the clip or provide a “feel” back to the user of the state of the fastener with respect to the holder.

The invention has now been explained with regard to specific embodiments. Variations on these embodiments and other embodiments may be apparent to those of skill in the art. It is therefore intended that the invention not be limited by the discussion of specific embodiments. It is understood that the examples and embodiments described herein are for illustrative purposes only and that various modifications or changes in light thereof will be suggested to persons skilled in the art and are to be included within the spirit and purview of this application and scope of the appended claims.[0089]

Claims

We claim:

1. An apparatus for fastening a tissue comprising a stopper, where said stopper includes one or more distal members, and a plurality of proximal member flexibly attached to said stopper, where said clip has a fastened configuration in which said plurality of proximal members oppose at least a portion of said stopper, and an open configuration where said clip is openly restrained from said fastened configuration to accept a tissue, such that tissue positioned within said open configuration is compressed when said fastener is unrestrained.

2. The apparatus ofclaim 1, said plurality of proximal members is two proximal members.

3. The apparatus ofclaim 1, wherein said open configuration includes openly restraining said plurality of proximal members.

4. The apparatus ofclaim 1, wherein said clip is nitinol.

5. The apparatus ofclaim 1, wherein said clip is of unitary construction.

6. The apparatus ofclaim 1, wherein said plurality of proximal members are elongated members.

7. The apparatus ofclaim 1, wherein said one or more distal members is one disk-shaped member.

8. The apparatus ofclaim 1, wherein said the number of proximal members is equal to the number of distal members.

9. The apparatus ofclaim 8, wherein said clip has a longitudinal orientation having a centerline, and wherein said proximal members and said distal members are approximately symmetric about said centerline.

10. The apparatus ofclaim 1, wherein a portion of said stopper has a proximally oriented surface, wherein said stopper is a spring, and wherein said stopper is distally deformable for application of force to said tissue.

11. The apparatus ofclaim 1, wherein at least one of said plurality of proximal members of said fastened configuration has a distally oriented end, and wherein said distally oriented end of said fastened configuration opposes at least a portion of said stopper.

12. The apparatus ofclaim 1, wherein at least a portion of said stopper has proximally oriented ends and wherein at least a portion of said plurality of proximal members of said fastened configuration oppose at least one of said proximally oriented ends.

13. The apparatus ofclaim 1, wherein at least one of said plurality of proximal members of said fastened configuration has a distally facing surface, wherein at least a portion of said stopper has a proximally facing surface, and wherein at least a portion of said distally facing surface of said fastened configuration opposes said distally facing surface.

14. The apparatus ofclaim 1, further including a restraint mechanism for openly restraining and releasably retaining said clip in said open configuration.

15. The apparatus ofclaim 14, wherein said restraint mechanism is suture.

16. The apparatus ofclaim 14, wherein said restraint mechanism is a restraint clip.

17. The apparatus ofclaim 14, wherein said restraint mechanism is a generally cylindrical tube having an opening for accepting at least a portion of said plurality of proximal members.

18. The apparatus ofclaim 17, wherein said restraint mechanism has an inner surface for restraining said plurality of proximal members.

19. The apparatus ofclaim 14, wherein said restraint mechanism releases when said clip is pulled from said restraint mechanism.

20. The apparatus ofclaim 14, wherein said restraint mechanism releases when said restraint mechanism is squeezed.

21. The apparatus ofclaim 1, further including a piercing member having a tip and a hollow end for accepting at least a portion of said plurality of proximal members and restrain said clip.

22. An apparatus for fastening a tissue comprising:

a clip having a stopper, where said stopper includes one or more distal members, and a plurality of proximal members flexibly attached to said stopper, said clip having a fastened configuration where at least one of said plurality of proximal members opposes at least a portion of said stopper; and

a restraint mechanism to releasably restrain said plurality of proximal members of said clip in an open configuration away from said fastened configuration,

such that a tissue is placeable within said releasably restrained clip, and where that upon releasing said clip from said restraint mechanism, said plurality of proximal members return towards said fastened configuration to compress said tissue.

23. The apparatus ofclaim 22, wherein said plurality of proximal members is two proximal members.

24. The apparatus ofclaim 22, wherein said clip is nitinol.

25. The apparatus ofclaim 22, wherein said clip is of unitary construction.

26. The apparatus ofclaim 22, wherein said plurality of proximal members are elongated members.

27. The apparatus ofclaim 22, wherein said one or more distal members is one disk-shaped member.

28. The apparatus ofclaim 22, wherein said the number of proximal members is equal to the number of distal members.

29. The apparatus ofclaim 28, wherein said clip has a longitudinal orientation having a centerline, and wherein said proximal members and said distal members are approximately symmetric about said centerline.

30. The apparatus ofclaim 22, wherein a portion of said stopper has a proximally oriented surface, wherein said stopper is a spring, and wherein said stopper is distally deformable for application of force to said tissue.

31. The apparatus ofclaim 22, wherein at least one of said plurality of proximal members of said fastened configuration has a distally oriented end, and wherein said distally oriented end of said fastened configuration opposes at least a portion of said stopper.

32. The apparatus ofclaim 22, wherein at least a portion of said stopper has proximally oriented ends and wherein at least a portion of said plurality of proximal members of said fastened configuration oppose at least one of said proximally oriented ends.

33. The apparatus ofclaim 22, wherein at least one of said plurality of proximal members of said fastened configuration has a distally facing surface, wherein at least a portion of said stopper has a proximally facing surface, and wherein at least a portion of said distally facing surface of said fastened configuration opposes said distally facing surface.

34. The apparatus ofclaim 22, further including a restraint mechanism for openly restraining and releasably retaining said clip in said open configuration.

35. The apparatus ofclaim 34, wherein said restraint mechanism is suture.

36. The apparatus ofclaim 34, wherein said restraint mechanism is a restraint clip.

37. The apparatus ofclaim 34, wherein said restraint mechanism is a generally cylindrical tube having an opening for accepting at least a portion of said plurality of proximal members.

38. The apparatus ofclaim 37, wherein said restraint mechanism has an inner surface for restraining said plurality of proximal members.

39. The apparatus ofclaim 34, wherein said restraint mechanism releases when said clip is pulled from said restraint mechanism.

40. The apparatus ofclaim 34, wherein said restraint mechanism releases when said restraint mechanism is squeezed.

41. The apparatus ofclaim 22, further including a piercing member having a tip and a hollow end for accepting at least a portion of said plurality of proximal members and restrain said clip.

42. A delivery system for fastening a tissue or layer of tissues having an external distal surface and an external proximal surface, comprising:

a clip having a stopper, where said stopper includes one or more distal members, and a plurality of proximal members flexibly attached to said stopper, where at least one of said plurality of proximal members has a fastened configuration opposing at least a portion of said stopper; and

a piercing member for piercing a tissue and having a first end, a second end, and an elongated member therebetween, where said first end includes a tip and where said second end includes a mechanism to releasably hold said plurality of proximal members in an open configuration, and where said stopper of said releasably held clip extends transversely away from said elongated member,

where upon pulling said releasably held clip through said tissue with said stopper adjacent to said distal surface the release of said clip from said needle returns towards said clip towards said fastened configuration and compresses said tissue.

43. The delivery system ofclaim 42, wherein said plurality of proximal member is two proximal members.

44. The delivery system ofclaim 42, wherein said clip is nitinol.

45. The delivery system ofclaim 42, wherein said clip is of unitary construction.

46. The delivery system ofclaim 42, wherein said plurality of proximal members are elongated members.

47. The delivery system ofclaim 42, wherein said one or more distal members is one disk-shaped member.

48. The delivery system ofclaim 42, wherein said the number of proximal members is equal to the number of distal members.

49. The delivery system ofclaim 48, wherein said clip has a longitudinal orientation having a centerline, and wherein said proximal members and said distal members are approximately symmetric about said centerline.

50. The delivery system ofclaim 42, wherein a portion of said stopper has a proximally oriented surface, wherein said stopper is a spring, and wherein said stopper is distally deformable for application of force to said tissue.

51. The delivery system ofclaim 42, wherein at least one of said plurality of proximal members of said fastened configuration has a distally oriented end, and wherein said distally oriented end of said fastened configuration opposes at least a portion of said stopper.

52. The delivery system ofclaim 42, wherein at least a portion of said stopper has proximally oriented ends and wherein at least a portion of said plurality of proximal members of said fastened configuration oppose at least one of said proximally oriented ends.

53. The delivery system ofclaim 42, wherein at least one of said plurality of proximal members of said fastened configuration has a distally facing surface, wherein at least a portion of said stopper has a proximally facing surface, and wherein at least a portion of said distally facing surface of said fastened configuration opposes said distally facing surface.

54. The delivery system ofclaim 42, wherein said mechanism is suture.

55. The delivery system ofclaim 42, wherein said mechanism is a restraint clip.

56. The delivery system ofclaim 42, wherein said mechanism is a generally cylindrical tube having an opening for accepting at least a portion of said plurality of proximal members.

57. The delivery system ofclaim 56, wherein said mechanism has an inner surface for restraining said plurality of proximal members.

58. The delivery system ofclaim 57, wherein said mechanism releases when said clip is pulled from said mechanism.

59. The delivery system ofclaim 57, wherein said mechanism releases when said mechanism is squeezed.

60. The delivery system ofclaim 42, further including a piercing member having a tip and a hollow end for accepting at least a portion of said plurality of proximal members to restrain said clip.

61. The delivery system ofclaim 42, wherein said mechanism releases when said clip is pulled from said mechanism.

62. The delivery system ofclaim 42, wherein said mechanism releases when said mechanism is squeezed.

63. The delivery system ofclaim 42, wherein said mechanism is a generally cylindrical opening in said posterior end having a cavity for accepting at least a portion of said plurality of proximal members.

64. The delivery system ofclaim 42, wherein said piercing member is flexible.

65. The delivery system ofclaim 42, wherein said piercing member is nitinol.

66. A delivery system for fastening a tissue or layer of tissues having an external distal surface and an external proximal surface, comprising:

a piercing member;

a flexible member having a first end attached to said piercing member, and a second end; and

a clip releasably attached to said second end, said clip having a stopper including one or more distal members, and a plurality of proximal members flexibly attached to said stopper, where at least one of said plurality of proximal members has a fastened configuration opposing at least a portion of said stopper, where said clip is releasably attached to said flexible member with said plurality of proximal members in an open configuration having said stopper extending transversely away from said piercing member,

where upon pulling said releasably held clip through said tissue and said stopper adjacent to said distal surface, the release of said clip from said second end returns towards said clip towards said fastened configuration and compresses said tissue.

67. The delivery system ofclaim 66, wherein said plurality of proximal members is two proximal members.

68. The delivery system ofclaim 66, wherein said piercing member is flexible.

69. The delivery system ofclaim 66, wherein said piercing member is nitinol.

70. The delivery system ofclaim 66, wherein said flexible member is suture.

71. The delivery system ofclaim 66, wherein said flexible member is nitinol.

72. The apparatus ofclaim 66, wherein said open configuration includes openly restraining said plurality of proximal members.

73. The apparatus ofclaim 66, wherein said clip is nitinol.

74. The apparatus ofclaim 66, wherein said clip is of unitary construction.

75. The apparatus ofclaim 66, wherein said plurality of proximal members are elongated members.

76. The apparatus ofclaim 66, wherein said one or more distal members is one disk-shaped member.

77. The apparatus ofclaim 66, wherein said the number of proximal members is equal to the number of distal members.

78. The apparatus ofclaim 77, wherein said clip has a longitudinal orientation having a centerline, and wherein said proximal members and said distal members are approximately symmetric about said centerline.

79. The apparatus ofclaim 66, wherein a portion of said stopper has a proximally oriented surface, wherein said stopper is a spring, and wherein said stopper is distally deformable for application of force to said tissue.

80. The apparatus ofclaim 66, wherein at least one of said plurality of proximal members of said fastened configuration has a distally oriented end, and wherein said distally oriented end of said fastened configuration opposes at least a portion of said stopper.

81. The apparatus ofclaim 66, wherein at least a portion of said stopper has proximally oriented ends and wherein at least a portion of said plurality of proximal members of said fastened configuration oppose at least one of said proximally oriented ends.

82. The apparatus ofclaim 66, wherein at least one of said plurality of proximal members of said fastened configuration has a distally facing surface, wherein at least a portion of said stopper has a proximally facing surface, and wherein at least a portion of said distally facing surface of said fastened configuration opposes said distally facing surface.

83. The apparatus ofclaim 66, further including a restraint mechanism attached to said second end for releasably attached said clip to said flexible member

84. The apparatus ofclaim 83, wherein said restraint mechanism is suture.

85. The apparatus ofclaim 83, wherein said restraint mechanism is a restraint clip.

86. The apparatus ofclaim 83, wherein said restraint mechanism is a generally cylindrical tube having an opening for accepting at least a portion of said plurality of proximal members.

87. The apparatus ofclaim 86, wherein said restraint mechanism has an inner surface for restraining said plurality of proximal members.

88. The apparatus ofclaim 83, wherein said restraint mechanism releases when said clip is pulled from said restraint mechanism.

89. The apparatus ofclaim 83, wherein said restraint mechanism releases when said restraint mechanism is squeezed.

90. A delivery system for fastening a tissue or layer of tissues having an external distal surface and an external proximal surface, comprising:

a piercing member;

a flexible member having a first end attached to said piercing member, and a second end;

a restraint mechanism attached to said second end; and

a clip releasably attached to said restraint mechanism, said clip having a stopper including one or more distal members, and a plurality of proximal members flexibly attached to said stopper, where at least one of said plurality of proximal members has a fastened configuration opposing at least a portion of said stopper, where said restraint mechanism releasably holds said plurality of proximal members of said clip in an open configuration with said stopper extending transversely away from said suture,

where upon pulling said releasably held clip through said tissue and said stopper adjacent to said distal surface, the release of said clip from said restraint mechanism returns towards said clip towards said fastened configuration and compresses said tissue

91. The delivery system ofclaim 90, wherein said plurality of proximal members is two proximal members.

92. The delivery system ofclaim 90, wherein said piercing member is flexible.

93. The delivery system ofclaim 90, wherein said piercing member is nitinol.

94. The delivery system ofclaim 90, wherein said flexible member is suture.

95. The delivery system ofclaim 90, wherein said flexible member is nitinol.

96. The apparatus ofclaim 90, wherein said clip is nitinol.

97. The apparatus ofclaim 90, wherein said clip is of unitary construction.

98. The apparatus ofclaim 90, wherein said plurality of proximal members are elongated members.

99. The apparatus ofclaim 90, wherein said one or more distal members is one disk-shaped member.

100. The apparatus ofclaim 90, wherein said the number of proximal members is equal to the number of distal members.

101. The apparatus ofclaim 77, wherein said clip has a longitudinal orientation having a centerline, and wherein said proximal members and said distal members are approximately symmetric about said centerline.

102. The apparatus ofclaim 90, wherein a portion of said stopper has a proximally oriented surface, wherein said stopper is a spring, and wherein said stopper is distally deformable for application of force to said tissue.

103. The apparatus ofclaim 90, wherein at least one of said plurality of proximal members of said fastened configuration has a distally oriented end, and wherein said distally oriented end of said fastened configuration opposes at least a portion of said stopper.

104. The apparatus ofclaim 90, wherein at least a portion of said stopper has proximally oriented ends and wherein at least a portion of said plurality of proximal members of said fastened configuration oppose at least one of said proximally oriented ends.

105. The apparatus ofclaim 90, wherein at least one of said plurality of proximal members of said fastened configuration has a distally facing surface, wherein at least a portion of said stopper has a proximally facing surface, and wherein at least a portion of said distally facing surface of said fastened configuration opposes said distally facing surface.

106. The apparatus ofclaim 90, wherein said restraint mechanism is suture.

107. The apparatus ofclaim 90, wherein said restraint mechanism is a restraint clip.

108. The apparatus ofclaim 90, wherein said restraint mechanism is a generally cylindrical tube having an opening for accepting at least a portion of said plurality of proximal members.

109. The apparatus ofclaim 108, wherein said restraint mechanism has an inner surface for restraining said plurality of proximal members.

110. The apparatus ofclaim 90, wherein said restraint mechanism releases when said clip is pulled from said restraint mechanism.

111. The apparatus ofclaim 90, wherein said restraint mechanism releases when said restraint mechanism is squeezed.

112. A method for fastening a first tissue and a second tissue with a clip delivered to said tissue in a holder, said method comprising:

piercing the first tissue;

piercing the second tissue

passing said holder through said piercing, where said clip is releasably coupled to said holder, where said clip has a stopper and a plurality of terminator arms, where said clip has a coupled configuration releasably restraining said at least two terminator arms in said holder with said stopper extending approximately perpendicular from said holder, and where said clip has a decoupled configuration where said plurality of terminator arms and said stopper are opposable across said tissue;

seating said stopper of said coupled clip against said first tissue; and

decoupling said clip,

such that said at least one terminator arms returns towards said disengaged configuration and opposes said stopper across said tissue.

113. A method for creating an intima-to-intima tissue contact between a first tissue and a second tissue each having an adventitia and an intima with a clip delivered to said tissue in a holder, said method comprising:

piercing the adventitia of a first tissue;

piercing the intima of a second tissue

passing said holder through said piercing, where said clip is releasably coupled to said holder, where said clip has a stopper and at least two terminator arms, where said clip has a coupled configuration releasably restraining said at least two terminator arms in said holder with said stopper extending approximately perpendicular from said holder, and where said clip has a decoupled configuration where said at least two terminator arms and said stopper are opposable across said tissue at more than one location;

seating said stopper of said coupled clip against said adventitia of the first tissue; and

decoupling said clip,

such that said at least one terminator arms returns towards said disengaged configuration and opposes said stopper across said tissue, and such that the intima of the first tissue is in contact with the intima of the second tissue.