US20080065213A1 - Interspinous process implants and methods of use - Google Patents

Abstract

Systems and method in accordance with an embodiment of the present invention can includes an implant comprising a first wing, a spacer extending from the first wing, and a distraction guide. The distraction guide is arranged in a first configuration to pierce and/or distract tissue associated with adjacent spinous processes extending from vertebrae of a targeted motion segment. The implant can be positioned between the adjacent spinous processes and once positioned, the implant can be arranged in a second configuration. When arranged in a second configuration, the distraction guide can act as a second wing. The first wing and the second wing can limit or block movement of the implant along a longitudinal axis of the implant.

Description

CROSS-REFERENCE TO RELATED APPLICATIONS
• This application is a continuation of each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179), each entitled “Interspinous Process Implants and Methods of Use,” and filed May 31, 2007; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 10/694,103, entitled “Interspinous Process Implant with Radiolucent Spacer and Lead-in Tissue Expander,” filed Oct. 27, 2003, which claims priority to U.S. Provisional Application Ser. No. 60/421,915, entitled “Interspinous Process Implant with Radiolucent Spacer and Lead-in Tissue Expander,” filed Oct. 29, 2002; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/234,555, entitled “Interspinous Process Implant and Method of Implantation,” filed Sep. 23, 2005, which claims priority to U.S. Provisional Application Ser. No. 60/612,582, entitled “Interspinous Process Implant and Method of Implantation,” filed Sep. 23, 2004 and which is a continuation-in-part of U.S. patent application Ser. No. 10/850,267, entitled “Distractible Interspinous Process Implant and Method of Implantation,” filed May 20, 2004, which claims priority to U.S. Provisional Application Ser. No. 60/472,817, entitled “Cervical Interspinous Process Implant and Method of Implantation,” filed May 22, 2003; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/378,893, entitled “Interspinous Process Implant with Slide-in Distraction Piece and Method of Implantation,” filed Mar. 17, 2006, which claims priority to U.S. Provisional Application Ser. No. 60/664,311, entitled “Interspinous Process Implant with Slide-in Distraction Piece and Method of Implantation,” filed Mar. 22, 2005 and which is a continuation-in-part of U.S. patent application Ser. No. 10/850,267, entitled “Distractible Interspinous Process Implant and Method of Implantation,” filed May 20, 2004, which claims priority to U.S. Provisional Application Ser. No. 60/472,817, entitled “Cervical Interspinous Process Implant and Method of Implantation,” filed May 22, 2003; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/384,055, entitled “Interspinous Process Implant with Slide-in Distraction Piece and Method of Implantation,” filed Mar. 17, 2006, which claims priority to U.S. Provisional Application Ser. No. 60/664,049, entitled “Interspinous Process Implant with Slide-in Distraction Piece and Method of Implantation,” filed Mar. 22, 2005 and which is a continuation-in-part of U.S. patent application Ser. No. 10/850,267, entitled “Distractible Interspinous Process Implant and Method of Implantation,” filed May 20, 2004, which claims priority to U.S. Provisional Application Ser. No. 60/472,817, entitled “Cervical Interspinous Process Implant and Method of Implantation,” filed May 22, 2003; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 10/850,267 entitled “Distractible Interspinous Process Implant and Method of Implantation,” filed Apr. 1, 2004, which claims priority to U.S. Provisional Application Ser. No. 60/472,817, entitled “Cervical Interspinous Process Implant and Method of Implantation,” filed May 22, 2003; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/095,440, entitled “Interspinous Process Implant Including a Binder and Method of Implantation,” filed Mar. 31, 2005, which claims priority to U.S. Provisional Application Ser. No. 60/612,465, entitled “Interspinous Process Implant Including a Binder and Method of Implantation,” filed Sep. 23, 2004; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/095,680, entitled “Interspinous Process Implant Including a Binder and Method of Implantation,” filed Mar. 31, 2005, which claims priority to U.S. Provisional Application Ser. No. 60/612,465, entitled “Interspinous Process Implant Including a Binder and Method of Implantation,” filed Sep. 23, 2004; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/378,108, entitled “Interspinous Process Implant Having Deployable Wing and Method of Implantation,” filed Mar. 17, 2006, which claims priority to U.S. Provisional Application Ser. No. 60/663,918, entitled “Interspinous Process Implant Having Deployable Wing and Method of Implantation,” filed Mar. 21, 2005; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/377,971, entitled “Interspinous Process Implant Having Deployable Wing and Method of Implantation,” filed Mar. 17, 2006, which claims priority to U.S. Provisional Application Ser. No. 60/663,885, entitled “Interspinous Process Implant Having Deployable Wing and Method of Implantation,” filed Mar. 21, 2005; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. 1305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/378,894, entitled “Interspinous Process Implant Having Deployable Wing and Method of Implantation,” filed Mar. 17, 2006, which claims priority to U.S. Provisional Application Ser. No. 60/664,076, entitled “Interspinous Process Implant Having Deployable Wing and Method of Implantation,” filed Mar. 22, 2005; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/389,002, entitled “Interspinous Process Implant Having Deployable Wings and Method of Implantation,” filed Mar. 24, 2006, which claims priority to U.S. Provisional Application Ser. No. 60/672,402, entitled “Interspinous Process Implant Having Deployable Wings and Method of Implantation,” filed Apr. 18, 2005; each of which is incorporated herein by reference in its entirety.
• Each of U.S. patent application Ser. Nos. 11/806,528 (Attorney Docket No. KYPH-038/15US 305363-2175) and 11/806,526 (Attorney Docket No. KYPH-038/18US 305363-2179) is a continuation-in-part of U.S. patent application Ser. No. 11/378,892, entitled “Interspinous Process Implant Having A Thread-Shaped Wing and Method of Implantation,” filed Mar. 17, 2006, which claims priority to U.S. Provisional Application Ser. No. 60/663,922, entitled “Interspinous Process Implant Having Deployable Wings and Method of Implantation,” filed Mar. 21, 2005; each of which is incorporated herein by reference in its entirety.
BACKGROUND
• The spinal column is a bio-mechanical structure composed primarily of ligaments, muscles, vertebrae and intervertebral disks. The bio-mechanical functions of the spine include: (1) support of the body, which involves the transfer of the weight and the bending movements of the head, trunk and arms to the pelvis and legs, (2) complex physiological motion between these parts, and (3) protection of the spinal cord and the nerve roots.
• As the present society ages, it is anticipated that there will be an increase in adverse spinal conditions which are characteristic of older people. By way of example only, with aging comes an increase in spinal stenosis (including, but not limited to, central canal and lateral stenosis), and facet arthropathy. Spinal stenosis results in a reduction foraminal area {i.e., the available space for the passage of nerves and blood vessels) which compresses the cervical nerve roots and causes radicular pain. Humpreys, S. C. et al, Flexion and traction effect on C5-C6 foraminal space, Arch. Phys. Med. Rehabil., vol. 79 at 1105 (September 1998). Another symptom of spinal stenosis is myelopathy, which results in neck pain and muscle weakness. Id. Extension and ipsilateral rotation of the neck further reduces the foraminal area and contributes to pain, nerve root compression and neural injury. Id.; Yoo, J. U. et al., Effect of cervical spine motion on the neuroforaminal dimensions of human cervical spine, Spine, vol. 17 at 1131 (Nov. 10, 1992). In contrast, neck flexion increases the foraminal area. Humpreys, S. C. et al, at 1105.
• Pain associated with stenosis can be relieved by medication and/or surgery. It is desirable to eliminate the need for major surgery for all individuals, and in particular, for the elderly.
• Accordingly, a need exists to develop spine implants that alleviate pain caused by spinal stenosis and other such conditions caused by damage to, or degeneration of, the spine. Such implants would distract, or increase the space between, the vertebrae to increase the foraminal area and reduce pressure on the nerves and blood vessels of the spine. A further need exists for development of a minimally invasive surgical implantation method for spine implants that preserves the physiology of the spine.
• Further, a need exists for an implant that accommodates the distinct anatomical structures of the spine, minimizes further trauma to the spine, and obviates the need for invasive methods of surgical implantation. Additionally, a need exists to address adverse spinal conditions that are exacerbated by spinal extension and/or flexion.
SUMMARY
• Systems and method in accordance with an embodiment of the present invention can includes an implant comprising a first wing, a spacer extending from the first wing, and a distraction guide. The distraction guide is arranged in a first configuration to pierce and/or distract tissue associated with adjacent spinous processes extending from vertebrae of a targeted motion segment. The implant can be positioned between the adjacent spinous processes and once positioned, the implant can be arranged in a second configuration. When arranged in a second configuration, the distraction guide can act as a second wing. The first wing and the second wing can limit or block movement of the implant along a longitudinal axis of the implant.
BRIEF DESCRIPTION OF THE DRAWINGS
• FIGS. 1a-1f.FIG. 1ais a front plan view of an embodiment of an assembled implant of the invention;FIG. 1bis a left side view of the embodiment of the invention ofFIG. 1a;FIG. 1eis a front plan view of the embodiment of the invention ofFIG. 1aincluding a spacer, a main body and a first wing;FIG. 1dis a left side view of the second wing of the embodiment of the invention ofFIG. 1a;FIG. 1eis a front plan view of the second wing of the embodiment of the invention ofFIG. 1a;FIG. 1fis an end view of the spacer of the embodiment of the invention ofFIG. 1a.
• FIG. 2ais a perspective view of an embodiment of the frame of the tissue expander or distraction guide of the invention.FIG. 2bis a perspective view of an embodiment of the lead-in tissue expander or distraction guide of the invention.
• FIGS. 3aand3bare an end and a perspective view of still another embodiment of the spacer of the invention.FIG. 3cis a front view of the spacer ofFIG. 3a.
• FIGS. 4aand4bare an end and a perspective view of yet another embodiment of the spacer of the invention.
• FIGS. 5aand5bare an end and a perspective view of still another embodiment of the spacer of the invention.
• FIGS. 6aand6bare an end and a perspective view of a further embodiment of the spacer of the invention.
• FIG. 7 is a perspective view of an embodiment of an implant in accordance with the present invention having a spacer, a distraction guide, and a wing with an elliptical cross-section.
• FIG. 8 is an end view of the implant ofFIG. 7.
• FIG. 9 is a perspective view of another embodiment of an implant in accordance with the present invention having a wing with a teardrop-shaped cross-section.
• FIG. 10 is an end view of a second wing for use with the implant ofFIG. 9.
• FIG. 11 is a perspective view of an embodiment of an implant in accordance with the present invention having a rotatable spacer and a wing with an elliptical cross-section.
• FIG. 12 is a perspective view of an embodiment of an implant in accordance with the present invention having a rotatable spacer with two wings that are teardrop-shaped in cross-section.
• FIG. 13 depicts the axis of rotation of the implant ofFIG. 6 as seen from an end view.
• FIG. 14 is a perspective view of an embodiment of an implant in accordance with the present invention having a wing that is truncated at a posterior end.
• FIG. 15A is an end view of an embodiment of an implant in accordance the present invention having a wing truncated at a posterior end and a rotatable spacer.
• FIG. 15B is a truncated second wing for use with the implant ofFIG. 15A.
• FIG. 16 is a plan view of an embodiment of an implant in accordance with the present invention wherein a screw is used to secure a second wing to the spacer.
• FIG. 17 is a perspective view of the second wing ofFIG. 16.
• FIG. 18 is a perspective view of the implant ofFIG. 16.
• FIG. 19A is a front view of a second wing for use with some embodiments of implants of the present invention having a flexible hinge mechanism for securing the second wing to an implant.
• FIG. 19B is a side-sectional view of the second wing ofFIG. 19A.
• FIG. 20A is a plan view of an embodiment of an implant for use with the second wing ofFIGS. 19A and 19B.
• FIG. 20B is a front view of the second wing ofFIGS. 19A and 19B.
• FIG. 21A is a top view of an embodiment of an implant in accordance with the present invention positioned between the spinous processes of adjacent cervical vertebrae.
• FIG. 21B is a top view of the implant ofFIG. 21A.
• FIG. 22 is a top view of two such implants of the invention as seen inFIG. 21, positioned in the cervical spine.
• FIG. 23 is a side view of two implants of the invention positioned in the cervical spine, with stops or keeps at the distal ends of the spinous processes.
• FIG. 24 is a perspective view of an alternative embodiment of an implant for use with systems and methods of the present invention.
• FIG. 25A is an end view of an implant in accordance with still another embodiment of the present invention having a first part shaped to conform roughly with a contact surface of the spinous process.
• FIG. 25B is a cross-sectional view of a spacer and a distracting insert in accordance with one embodiment of the present invention.
• FIG. 25C is a cross-sectional view of a spacer and a distracting insert in accordance with an alternative embodiment of the present invention.
• FIG. 25D is a cross-sectional view of a spacer and a distracting insert in accordance with still another embodiment of the present invention.
• FIG. 26A is a front view of the implant ofFIG. 24 inserted between spinous processes.
• FIG. 26B is a front view of the implant ofFIG. 26A having a distracting insert positioned within cavities of the implant.
• FIG. 27A is a cross-sectional side view of the implant ofFIG. 24 showing a distracting insert partially inserted in a cavity of the implant having pins for aligning a first portion with a second portion.
• FIG. 27B is a top view of the implant ofFIG. 27A showing positioning of pins for alignment of the first part and second part.
• FIG. 28A is a perspective view of an alternative embodiment of an implant for use with systems and methods of the present invention, wherein the distracting insert includes a clip.
• FIG. 28B is a side view of the implant ofFIG. 28A showing a distracting insert mated with the implant.
• FIG. 28C is a side view of an alternative embodiment of an implant mated with an alternative embodiment of a distracting insert.
• FIG. 28D is a side view of still another embodiment of an implant mated with still another embodiment of a distracting insert.
• FIG. 29 is a perspective view of an embodiment of a distractible implant in accordance with the present invention having a second wing for limiting or blocking shifting along the longitudinal axis.
• FIG. 30 illustrates an embodiment of a method for implanting an interspinous implant in accordance with the present invention.
• FIG. 31 illustrates an alternative embodiment of a method for implanting an interspinous implant in accordance with the present invention.
• FIG. 32 is a perspective view of an interspinous implant capable of limiting or blocking relative movement of adjacent spinous processes during extension of the spine.
• FIG. 33A is a posterior view of the implant ofFIG. 32 positioned between adjacent spinous processes.
• FIG. 33B is a cross-sectional side view of a spacer of the interspinous implant ofFIGS. 32 and 33A positioned between spinous processes.
• FIG. 33C is a cross-sectional view of the spacer ofFIG. 33B during flexion of the spine.
• FIG. 34A is a side view of an embodiment of an implant in accordance with the present invention having a distraction guide, a spacer, a brace, and a binder associated with the brace and fixable in position by a capture device.
• FIG. 34B is a side view of an alternative embodiment of an implant in accordance with the present invention including a brace wall having recesses for receiving lobes of a capture device.
• FIG. 34C is a side view of still another embodiment of an implant in accordance with the present invention including a capture device having a spring-loaded cam for securing a binder against a brace wall.
• FIG. 34D is a side view of a still further embodiment of an implant in accordance with the present invention including a capture device having dual spring-loaded cams for securing a binder in position.
• FIG. 35A is an end view of the implant ofFIG. 34A positioned between adjacent spinous processes.
• FIG. 35B is an end view of the implant ofFIG. 34A positioned between adjacent spinous processes.
• FIG. 35C is an end view of the implant ofFIG. 34A positioned between adjacent spinous processes wherein the spinous processes are surgically modified to receive a binder.
• FIG. 36 is an end view of an alternative embodiment of an implant in accordance with the present invention having a binder that varies in shape along the binder's length.
• FIG. 37A is an end view of the implant ofFIG. 36 positioned between adjacent spinous processes.
• FIG. 37B is an opposite end view of the implant ofFIG. 37A.
• FIG. 37C is an end view of still another embodiment of an implant in accordance with the present invention having a cord for a binder.
• FIG. 38A is a side view of an embodiment of an implant in accordance with the present invention including a wing associated with the distraction guide to further limit or block movement of the implant.
• FIG. 38B is a partial cross-sectional side view of an alternative embodiment of an implant in accordance with the present invention include an extendable wing associated with the distraction guide, the extendable wing being in a retracted position.
• FIG. 38C is a partial cross-sectional side view of the implant ofFIG. 38B wherein the extendable wing is in an extended position.
• FIG. 38D is a partial cross-sectional side view of still another embodiment of an implant in accordance with the present invention including a spring-loaded wing associated with the distraction guide, the wing being in an extended position.
• FIG. 38E is a partial cross-sectional side view of the implant ofFIG. 38D wherein the spring-loaded wing is in a collapsed position.
• FIG. 39 is a top view of two implants in accordance with an embodiment of the present invention positioned between the spinous processes of adjacent vertebrae, one of the implants having a binder arranged around the adjacent spinous processes.
• FIG. 40A is a perspective view of a further embodiment of an implant in accordance with the present invention having a distraction guide, a spacer, a brace, and a binder associated with the brace and fixable in position by a capture device.
• FIG. 40B is a perspective view the implant ofFIG. 40A wherein the capture device is arranged to secure a binder between the capture device and the brace.
• FIG. 40C is a side view of the implant ofFIGS. 40A and 40B.
• FIG. 41A is a cross-sectional top view of a binder loosely positioned within the capture device of the implant ofFIGS. 40A and 40B.
• FIG. 41B is a cross-sectional top view of the binder secured to the brace by the capture device of the implant ofFIGS. 40A and 40B.
• FIG. 41C is a cross-sectional top view of a binder loosely positioned within an alternative embodiment of a capture device of the implant ofFIGS. 40A and 40B.
• FIG. 41D is a cross-sectional top view of the binder and capture device ofFIG. 41C wherein the binder is secured to the brace.
• FIG. 42 is an end view of the implant ofFIGS. 40A and 40B positioned between adjacent spinous processes.
• FIG. 43 is a block diagram illustrating a method of positioning the implant ofFIG. 40A between adjacent spinous processes.
• FIG. 44A is a perspective view of an still another embodiment of an implant in accordance with the present invention having a distraction guide, a spacer, a first wing, and a second wing including a capture device.
• FIG. 44B is a perspective view of the implant ofFIG. 44A in accordance with the present invention having a distraction guide, a spacer, a first wing, and a second wing including a capture device.
• FIG. 45 is a perspective view of an still another embodiment of an implant in accordance with the present invention having a distraction guide, a spacer, a first wing, and a second wing including a capture device.
• FIG. 46 is a perspective view of an still another embodiment of an implant in accordance with the present invention having a distraction guide, a spacer, a first wing, and a second wing including a capture device.
• FIG. 47 is a block diagram illustrating a method of positioning the implant ofFIGS. 44A-46 between adjacent spinous processes.
• FIG. 48A is a perspective view of an implant including a spacer having a tear-drop shaped cross-section, a distraction guide, a first wing, and a second wing connectable with the distraction guide.
• FIG. 48B is a perspective view of an implant including a rotatable spacer having an elliptical cross-section, a distraction guide, a first wing, and a second wing connectable with the distraction guide.
• FIG. 49A is a perspective view of an implant in accordance with an embodiment of the present invention including a main body and an insert, the main body having a distraction guide, a spacer, and a first wing.
• FIG. 49B is a perspective view of the implant ofFIG. 49A wherein the insert is positioned within the main body, causing the distraction guide associated with the main body to limit or block movement of the implant when positioned between adjacent spinous processes.
• FIG. 50A is a side view of the main body of the implant ofFIGS. 49A and 49B positioned between adjacent spinous processes.
• FIG. 50B is a side view of the implant ofFIG. 50A wherein the insert is positioned within the main body.
• FIG. 51 is a perspective view of an implant in accordance with an alternative embodiment wherein the main body includes hooks to limit relative movement of adjacent spinous processes during flexion motion.
• FIG. 52 is a side view of the implant ofFIG. 51 positioned between adjacent spinous processes and arranged so that the hooks confine the adjacent spinous processes.
• FIG. 53A is a perspective view of still another embodiment of an implant in accordance with the present invention, wherein a first section and a second section of a distraction guide are deployable to form a second wing.
• FIG. 53B is a perspective view of the implant ofFIG. 53A wherein the insert is positioned within the main body, causing the first section and the second section of the distraction guide to deploy.
• FIG. 54A is a perspective view of a still further embodiment of an implant in accordance with the present invention including a rotatable spacer.
• FIG. 54B is a perspective view of the implant ofFIG. 54A wherein the insert is positioned within a central body so that the distraction guide deploys as a second wing.
• FIG. 54C is a cross-sectional side view of distraction guide ofFIG. 54A.
• FIG. 54D is a cross-sectional side view of distraction guide ofFIG. 54B.
• FIG. 55 is a side view of the implant ofFIGS. 54A-54D positioned between adjacent spinous processes.
• FIG. 56A is a side view of an alternative embodiment of the implant positioned between adjacent spinous processes.
• FIG. 56B is a partial cross-section side view of the implant ofFIG. 56A showing deployable winglets disposed within a distraction guide of the implant.
• FIG. 56C is a partial cross-sectional side view of the implant ofFIG. 56B wherein the winglets deployed.
• FIG. 57A is a side view of an alternative embodiment of the implant positioned between adjacent spinous processes.
• FIG. 57B is a side view of the implant ofFIG. 57A positioned between adjacent spinous processes wherein the winglets deployed.
• FIG. 57C is a partial cross-sectional end view of the implant ofFIG. 57A showing deployable winglets disposed within a distraction guide of the implant.
• FIG. 57D is a partial cross-sectional end view of the implant ofFIGS. 57A-57C showing the winglets deployed so that the winglets extend from the distraction guide of the implant.
• FIG. 57E is an end view of the implant ofFIGS. 57A-57D showing the distraction guide and the deployed winglets relative to the distraction guide.
• FIG. 58A is a partial cross-sectional end view of an alternative embodiment of an implant in accordance with the present invention including an alternative actuator arrangement.
• FIG. 58B is an partial cross-sectional end view of the implant ofFIG. 58A showing the winglets deployed so that the winglets extend from the distraction guide of the implant.
• FIG. 59A is a partial cross-sectional end view of still another embodiment of an implant in accordance with the present invention having an alternative actuator arrangement wherein the winglets comprise two hinged portions.
• FIG. 59B is a partial cross-sectional end view of the implant ofFIG. 59A showing the winglets deployed so that the winglets extend from the distraction guide of the implant.
• FIG. 60 is a partial cross-sectional end view of a still further embodiment of an implant in accordance with the present invention wherein implants are arranged at adjacent motion segments.
• FIG. 61 illustrates an embodiment of a method for implanting the implant ofFIGS. 49A-55 between adjacent spinous processes in accordance with the present invention.
• FIG. 62 illustrates an embodiment of a method for implanting the interspinous implant ofFIGS. 49A-55 between adjacent spinous processes in accordance with the present invention.
• FIG. 63 illustrates an embodiment of a method for implanting the interspinous implant ofFIGS. 56A-60 between adjacent spinous processes in accordance with the present invention.
• FIG. 64A is a perspective view of an alternative embodiment of an implant in accordance with the present invention having a first wing and a second wing that can be deployed after arranging the implant between adjacent spinous processes.
• FIG. 64B is a perspective view of the implant ofFIG. 64A in a deployed configuration.
• FIG. 65A is a posterior view of the implant ofFIGS. 64A and 64B positioned between adjacent spinous processes in an undeployed configuration.
• FIG. 65B is a posterior view of the implant ofFIGS. 64A and 64B positioned between adjacent spinous processes in a deployed configuration.
• FIG. 66A is a perspective view of still another embodiment of an implant in accordance with the present invention having a first wing and a second wing that can be deployed after arranging the implant between adjacent spinous processes.
• FIG. 66B is a perspective view of the implant ofFIG. 66A in a deployed configuration.
• FIG. 67 is a posterior view of the implant ofFIGS. 66A and 66B positioned between adjacent spinous processes in a deployed configuration.
• FIG. 68A is a perspective view of an alternative embodiment of an implant in accordance with the present invention having a first wing and a second wing that can be deployed after arranging the implant between adjacent spinous processes.
• FIG. 68B is a perspective view of the implant ofFIG. 68A in a partially deployed configuration.
• FIG. 68C is a perspective view of the implant ofFIG. 68A in a fully deployed configuration.
• FIG. 69A is a perspective view of the implant ofFIG. 68A including a cannula within which the implant is disposed for insertion into desired location between adjacent spinous processes.
• FIG. 69B is a perspective view of the implant ofFIG. 69A in a partially deployed configuration.
• FIG. 69C is a perspective close-up view of the implant ofFIG. 69A showing hinged structures connected by cords.
• FIG. 70 illustrates an embodiment of a method for implanting an interspinous implant as shown inFIGS. 7-23 in accordance with the present invention.
• FIG. 71 illustrates an embodiment of a method for implanting an interspinous implant as shown inFIGS. 64A-67 having deployable first and second wings in accordance with the present invention.
• FIG. 72 illustrates an alternative embodiment of a method for implanting an interspinous implant as shown inFIGS. 68A-69B having deployable first and second wings by way of a cannula inserted between adjacent spinous processes in accordance with the present invention.
• FIG. 73A is a perspective view of an implant including a spacer having a tear-drop shaped cross-section, a distraction guide, a first wing, and a second wing connectable with the distraction guide.
• FIG. 73B is a perspective view of an implant including a rotatable spacer having an elliptical cross-section, a distraction guide, a first wing, and a second wing connectable with the distraction guide.
• FIG. 74A is a perspective view of a frame of an implant in accordance with an embodiment of the present invention.
• FIG. 74B is a perspective view of a spacer for use with the frame ofFIG. 74A.
• FIG. 74C is a perspective view of the spacer ofFIG. 74B seated within the frame ofFIG. 74A.
• FIG. 75A is a partial cross-sectional posterior view of the frame of the implant ofFIGS. 74A-74C positioned adjacent to an interspinous ligament disposed between adjacent spinous processes.
• FIG. 75B partial cross-sectional posterior view of the frame of the implant ofFIGS. 74A-74C rotated so that the interspinous ligament is disposed between a portion of the helical shaped second wing and the first wing along a longitudinal axis of the implant.
• FIG. 75C partial cross-sectional posterior view of the frame of the implant ofFIGS. 74A-74C rotated so that the interspinous ligament is disposed between the entire helical shaped second wing and the first wing along the longitudinal axis.
• FIG. 75D partial cross-sectional posterior view of the frame of the implant ofFIGS. 74A-74C wherein a spacer is partially arranged over a central body of the frame so that a portion of the spacer partially distracts the interspinous ligament.
• FIG. 75E partial cross-sectional posterior view of the frame of the implant ofFIGS. 74A-74C wherein the spacer is seated over the central body of the frame so that a portion of the spacer partially distracts the interspinous ligament.
• FIG. 76A is an end view of the implant ofFIG. 75E positioned between adjacent spinous processes.
• FIG. 76B is an front view of the implant ofFIG. 75E positioned between adjacent spinous processes.
• FIG. 77A is a perspective view of a frame from an alternative embodiment of an implant in accordance the present invention.
• FIG. 77B is a perspective view of a spacer for use with the frame ofFIG. 77A.
• FIG. 77C is a perspective view of the spacer ofFIG. 77B seated within the frame ofFIG. 77A.
• FIG. 78 is a side view of the implant ofFIGS. 77A-77C positioned between adjacent spinous processes.
• FIG. 79A is a perspective view of a frame from a still further embodiment of an implant in accordance with the present invention.
• FIG. 79B is a side view of the frame ofFIG. 79A positioned between adjacent spinous processes.
• FIG. 79C is a side view of the frame ofFIG. 79A positioned between adjacent spinous processes and retracted to collapse the second wing.
• FIG. 80 is a perspective view of a frame from a still further embodiment of an implant in accordance with the present invention.
• FIG. 81 illustrates an embodiment of a method for implanting an interspinous implant between adjacent spinous processes of the cervical region in accordance with the present invention.
• FIG. 82 is a flowchart of a method for implanting an interspinous implant between adjacent spinous processes of the lumbar region in accordance with the present invention.
• FIG. 83 is a perspective view of an alternative embodiment of an implant for use with systems and methods of the present invention, the implant including an distraction piece mated with a initiating piece.
• FIG. 84A is a perspective view of the initiating piece of the implant ofFIG. 83.
• FIG. 84B is a perspective view of a proximal end of an insertion tool having prongs positioned within cavities of the initiating piece.
• FIG. 84C is a perspective view of the prongs arranged in a locked position within the cavities of the initiating piece.
• FIGS. 85A-85D are posterior views of the initiating piece ofFIG. 84A as the initiating piece is urged into position with the interspinous ligament disposed between a lower portion of first wing and a lower portion of the second wing.
• FIG. 86 is a perspective view of the slide-in distraction piece of the implant ofFIG. 83.
• FIGS. 87A-87D are posterior views showing the slide-in distraction piece ofFIG. 86 mating with the initiating piece positioned as shown inFIG. 85D so that an implant as shown inFIG. 83 is disposed between the adjacent spinous processes.
• FIG. 88A is a perspective view of an alternative embodiment of an implant for use with systems and methods of the present invention, the implant including an distraction piece mated with a initiating piece.
• FIG. 88B is a perspective view of the implant ofFIG. 88A, the implant including an distraction piece mated with a initiating piece.
• FIGS. 89A-89C are posterior views of the initiating piece ofFIG. 88A as the initiating piece is urged in position with the interspinous ligament disposed between the first wing and the second wing.
• FIGS. 89D and 89E are posterior views showing the distraction piece ofFIG. 88A urged so that the distraction piece is mated with the initiating piece.
• FIG. 90 illustrates an embodiment of a method in accordance with the present invention for implanting the interspinous implant ofFIG. 83.
• FIG. 91 illustrates an embodiment of a method in accordance with the present invention for implanting the interspinous implant ofFIG. 88A.
DETAILED DESCRIPTION
• The following description is presented to enable any person skilled in the art to make and use the invention. Various modifications to the embodiments described will be readily apparent to those skilled in the art, and the principles defined herein can be applied to other embodiments and applications without departing from the spirit and scope of the present invention as defined by the appended claims. Thus, the present invention is not intended to be limited to the embodiments shown, but is to be accorded the widest scope consistent with the principles and features disclosed herein. To the extent necessary to achieve a complete understanding of the invention disclosed, the specification and drawings of all patents and patent applications cited in this application are incorporated herein by reference.
• An embodiment of animplant100 of the invention is depicted inFIG. 1a.
• Thisimplant100 includes afirst wing104 and aspacer150 and a lead-in tissue expander ordistraction guide110. This embodiment further can include, as required, asecond wing132. As can be seen inFIG. 1a, ashaft102 extends from thefirst wing104 and is the body that connects thefirst wing104 to the tissue expander ordistraction guide110. Also, as can be seen inFIGS. 1aand1b, thedistraction guide110 in this particular embodiment acts to distract the soft tissue and the spinous processes when theimplant100 is inserted between adjacent spinous processes. In this particular embodiment, theguide110 has an expanding cross-section from thedistal end111 to the area where thesecond wing132 is secured to theguide110. In this embodiment theguide110 is wedge-shaped.
• Additionally, as can be seen inFIGS. 1aand1f, thespacer150 is elliptical-shaped in cross-section. Thespacer150 can have other shapes such as circular, oval, ovoid, football-shaped, and rectangular-shaped with rounded corners and other shapes, and be within the spirit and scope of the invention. In this preferred embodiment, thespacer150 includes abore152 which extends the length of thespacer150. Thespacer150 is received over theshaft102 of theimplant100 and can rotate thereon about theshaft102. In these embodiments, thespacer150 can have minor and major dimensions as follows:

  	Minor Dimension (116a)	Major Dimension (116b)
  	6 mm	13.7mm
  	8 mm	14.2mm
  	10 mm	15.2mm
  	12 mm	16.3 mm
  	14 mm	17.8 mm

• The advantage of the use of thespacer150 as depicted in the embodiment ofFIG. 1a, is that thespacer150 can be rotated and repositioned with respect to thefirst wing104, in order to more optimally position theimplant100 between spinous processes. It is to be understood that the cortical bone or the outer bone of the spinous processes is stronger at an anterior position adjacent to the vertebral bodies of the vertebra than at a posterior position distally located from the vertebral bodies. Also, biomechanically for load bearing, it is advantageous for thespacer150 to be close to the vertebral bodies. In order to facilitate this and to accommodate the anatomical form of the bone structures, as the implant is inserted between the spinous processes and/or urged toward the vertebral bodies, thespacer150 rotates relative to the wings, such aswing104, so that thespacer150 is optimally positioned between the spinous processes, and thewing104 is optimally positioned relative to the spinous processes. Further, the broad upper and lower surfaces of thespacer150 helps spread the load that the spinous processes place on thespacer150.
• As may be required for positioning theimplant100 between the spinous processes, theimplant100 can also include asecond wing132 which fits over theguide110 and is secured by abolt130 placed through anaperture134 provided in atongue136 ofsecond wing132. Thebolt130 is received and secured in the threaded bore112 located in theguide110. As implanted, thefirst wing104 is located adjacent to first sides of the spinous processes and thesecond wing132 is located adjacent to second sides of the same spinous processes.
• In another embodiment, thespacer150 has a cross-section with a major dimension and a minor dimension, wherein the major dimension is greater than the minor dimension, and, for example, less than about two times the minor dimension.
• It is to be understood that thespacer150 can be fabricated from somewhat flexible and/or deflectable material.
• In this embodiment the spacer is made out of a polymer, more specifically, the polymer is a thermoplastic. Still more specifically, the polymer is a polyketone known as polyetheretherketone (PEEK). Still more specifically, the material is PEEK 450G, which is an unfilled PEEK approved for medical implantation available from Victrex of Lancashire, Great Britain. (Victrex is located at www.matweb.com or see Boedeker www.boedeker.com). Other sources of this material include Gharda located in Panoli, India (www.ghardapolymers.com). Thespacer150 can be formed by extrusion, injection, compression molding and/or machining techniques. This material has appropriate physical and mechanical properties and is suitable for carrying and spreading the physical load between the spinous process. Further in this embodiment, the PEEK has the following additional approximate properties:

  	Property	Value

  	Density	1.3	g/cc
  	Rockwell M	99
  	Rockwell R	126
  	Tensile Strength	97	MPa
  	Modulus of Elasticity	3.5	GPa
  	Flexural Modulus	4.1	GPa

• In a preferred embodiment, theimplant100 is comprised in part of titanium or other suitable implant material which may be radiopaque and in part of a radiolucent material that does not show up under x-ray or other type of imaging. In a preferred embodiment, the first and second wings and the shaft are comprised of such a radiopaque material such as titanium and the spacer and the distraction guide or tissue expander are comprised of a radiolucent material such as, for example, PEEK or PEKK or other radiolucent materials described herein. In an embodiment which includes the first wing, the spacer and the tissue expander, under imaging, the implant looks like an “T”. In an embodiment which includes both a first and a second wing, the spacer and the tissue expander, under imaging, the implant looks like a “H”. This embodiment allows the doctor to have a clearer view of the spine under imaging without the implant interfering as much with the view of the bone structure.
• It should be noted that the material selected may also be filled. For example, other grades of PEEK are also available and contemplated, such as 30% glass-filled or 30% carbon-filled, provided such materials are cleared for use in implantable devices by the FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to that which is unfilled. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to enhance the compressive strength and stiffness of PEEK and lower its expansion rate. Carbon-filled PEEK offers wear resistance and load carrying capability.
• In this embodiment, as described above, thespacer150 is manufactured from polyetheretherketone (PEEK), available from Victrex. As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention. The spacer can also be comprised of polyetherketoneketone (PEKK).
• Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), and polyetheretherketoneketone (PEEKK), and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics. The spacer can also be made of titanium.
• Reference to appropriate polymers that can be used in the spacer can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/02158 A1, dated Jan. 10, 2002, entitled “Bio-Compatible Polymeric Materials;” PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials;” and, PCT Publication WO 02/00270 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials.”
• Other materials such as Bionateg, polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.
• FIG. 2aandFIG. 2bshown an embodiment of the distraction guide ortissue expander110.FIG. 2ashows aframe200 for adistraction guide110. Theframe200 is typically manufactured from radiopaque material such as titanium. Theframe200 has afirst end202 and asecond end204. Thefirst end202 has ashaft102 which can be threaded withthreads234 at one end to facilitate connection to, for example, afirst wing104. The remaining end of the shaft connects to adistraction head frame230 for thedistraction guide110. Alternatively, theshaft102 and thedistraction head frame230 can be formed integral to each other.
• Further, thedistraction head frame230, theshaft102 and thefirst wing104 can be formed as one unit. Still further in an embodiment with ascrew thread234 formed at one end of theshaft102, whichthread234 is received in a threaded bore of thefirst wing102, thethread234 can be laser welded into the threaded bore of thefirst wing102, if desired.
• Thedistraction head frame230 is formed to take on a relatively low profile because, as described above, it is typically formed of radiopaque material. As shown inFIG. 2a,distraction head frame230 has two pairs of parallel sides. The first pair ofparallel sides210,212 extends into a pair offlanges232,233 that define arecess236. The second pair ofparallel sides214,216 are perpendicular to the first pair of parallel sides. One of the second pair ofparallel sides214 abuts theshaft102. As will be appreciated by those of skill in the art, neither the first or second pair of parallel sides need be parallel to each other, nor do the first pair of parallel sides need to be perpendicular to the second pair of parallel sides in order to practice the invention.
• With respect to theframe200 inFIG. 2a, thedistraction head frame230 has anupper surface218 within therecess236 with a threadedbore112 therein. The threaded bore112 receives, for example, abolt130 to secure thesecond wing132 to thedistraction guide110 via thetongue136 on the second wing132 (shown in more detail with respect toFIG. 1a). The profile of thebolt130 is such that the height of thebolt130 and thetongue136 fits within therecess236.
• Thelower surface220 opposing theupper surface218 can have a first portion222 that is parallel, or substantially parallel, to theupper surface218.
• Additionally, asecond portion224 can be angled from the first portion222 toward one of the secondparallel sides216. The angled configuration of thelower surface220 is designed to facilitate the angled profile of the distraction guide.
• FIG. 2bshows a perspective view of thedistraction guide110. Theframe200, as described above, is manufactured from radiopaque material. Acap260 is formed of radiolucent material, such as a suitable polymer, around theframe200.
• Suitable polymers include, but are not limited to the polyketones discussed above with respect to the spacer configurations. Accordingly, for example, PEEK, PEKK, PEK, PEKEKK and PEEKK can be used as well as the other materials that are suitable for thespacer150. As will be appreciated by those of skill in the art, thecap260 can be associated with theframe200 by a variety of techniques such that thecap260 is formed to theframe200 or is adhered to theframe200 using a suitable method. As illustrated inFIG. 2b, thecap260 has a higher profile than theframe200 and is shaped to facilitate thesecond end204 of thedistraction guide110 acting to expand tissue when the distraction guide is implanted between spinous processes or used to distract adjacent spinous processes.
• Referring now toFIGS. 3a-6b, various embodiments of spacers are depicted.
• InFIGS. 3a,3band3c, thespacer350 includes anouter spacer352 and aninner spacer354.Inner spacer354 has abore360 therethrough that enables thespacer350 to rotate about theshaft102 ofimplant100 shown inFIG. 1a.
• Each of the inner and outer spacers of thespacer350 can have a cross-section that is elliptical, oval, ovoid, football-shaped, circular-shaped, rectangular with rounded ends (where the cross-section has two somewhat flattened surfaces and two rounded surfaces similar to the effect of a flattened ellipse). Further, the inner spacer and outer spacer can have different cross-sectional shapes relative to each other. At least the minor outer diameter of the outer spacer is between 6 mm and 14 mm. Typically, the minor outer dimension is one of 6 mm, 8 mm, 10 mm, 12 mm, and 14 mm. The different sizes enable the spacer to accommodate different sized patients.
• As depicted inFIG. 3a, thespacer350 is a rectangle with rounded ends or a flattened ellipse, as it has two sides that are almost parallel to each other, and the ends connecting the parallel sides are curved, similar to a “race-track.” Thus, in this and other embodiments, the two sides or surfaces of the spacer, including the upper and the lower spacer, can also be flattened or slightly radiused. Thebore360 is located in the center of theinner spacer354 and there is agap362 between the upper and lower portions of theouter spacer352 and theinner spacer354. Agap370 is provided between the inner and outer spacers at the rounded ends356,358. In a preferred embodiment, for about an 8millimeter spacer350, the upper andlower gaps362 are about 0.012 of an inch or about a quarter of a millimeter each for a total combined gap of about one half of a millimeter. Thegaps370 at the curved ends356,358 are about 0.002 of an inch or slightly less than a tenth of a millimeter each in a preferred embodiment. Thegap370 for all of the other spacers is preferably, as specified above, for the 8 mm spacer. For the 6 millimeter spacer, generally this is made of one piece such as seen inFIG. 1f.
• However, for the other spacers, these spacers are preferably made of two pieces as seen for example inFIG. 3a. The table below sets our preferred dimensions for the combined upper and lower gap dimension for the spacers.

  	Spacer Minor Dimension	TotalCombined Gap Dimension
  	6 mm	n/a
  	8 mm	0.020 in (0.51 mm)
  	10 mm	0.025 in (0.64 mm)
  	12 mm	0.030 in (0.76 mm)
  	14 mm	0.035 in (0.89 mm)

• Thegap362 closed and the inner and outer spacers touch each other when the spacer is loaded with 800 Newtons of force. The design is made to take repeated loading at 1200 Newtons of force.
• In the above embodiment, theouter spacer352 is movably or slidably mounted on theinner spacer354, and theinner spacer354 is rotatably mounted on theshaft102 of theimplant100.
• As discussed above, the spacer, including either the inner spacer or outer spacer, or both, can be made of deflectable and flexible material. As discussed above, suitable material is a polymer such as for example polyetheretherketone (PEEK). Other suitable materials can include those described above. Further, titanium can be used.
• Further, the deflectable or flexible material can have a graduated stiffness to help gradually distribute the load when the spinous processes place a force upon the exterior surface of theouter spacer352. This can be accomplished by forming multiple layers of the deflectable or flexible material with decreasing stiffness or hardness from the center of thespacer350 outwardly. Alternatively, the material can have a higher stiffness or hardness in the center of the inner spacer.
• Persons of skill in the art will appreciate that the embodiments shown inFIGS. 4a-6b, can be made of the materials similar to those emphasized in the embodiment shown inFIGS. 1aand3a.
• Now referring toFIGS. 4aand4b, again thespacer450 is depicted as a somewhat flattened ellipse withrounded ends456,458, where two sides are somewhat parallel to each other and the ends connecting the parallel sides are curved, similar to a “race-track.” Thebore460 is located off-center within theinner spacer454. Further, there aregaps462,470 between theouter spacer452 and theinner spacer454. Except for the location of thebore460, the dimensions and materials of the embodiment ofFIGS. 4aand4bare similar to that ofFIG. 3aandFIG. 3b.
• The off-center bore460 allows a greater portion of thespacer450 to be positioned close to the vertebral bodies. With an ovoid (“egg-shaped”) spacer, off-set thebore460 is preferably close to the bulbous end of the spacer with the more pointed end directed toward the vertebral bodies in order to attain the advantages of the spacer being closer to the vertebral bodies and enhanced distributed load bearing.
• Turning now toFIG. 5, thespacer550 is depicted as having a circular cross-section. Thebore560 is located within theinner spacer554. Further, there are gaps562,570 between theouter spacer552 and theinner spacer554. The dimensions of the gap would be the same as those discussed with respect to the embodiment shown inFIG. 3a. The embodiment ofFIG. 3acan have a diameter that is the minor diameter of the embodiments shown inFIGS. 1a,3a, and4a.
• Also, as will be appreciated by those in skill in the art, theouter spacer552 can be movably mounted on theinner spacer554 and theinner spacer554 can be rotatably mounted on theshaft102 of theimplant100 or any other suitable implant.
• InFIGS. 6aand6b, thespacer650 is depicted as having anouter spacer652 and aninner spacer654 of two different cross-sectional shapes. In this embodiment, theouter spacer652 is elliptical and the inner spacer is football-shaped in cross-sections. Thebore660 is located off-center within theinner spacer654. However, as will be appreciated by those of skill in the art, thebore660 can be located centrally within the inner spacer without departing from the scope of the invention.
• Thegaps662 between theouter spacer652 and theinner spacer654 are crescent-shaped as a result of the inner and outer spacers having different cross-sectional shapes. Thus, the gap can have a width ranging from approximately between 0.25 mm at the minor diameter (greatest vertical height) to just enough space at theapexes662,664 of theinner spacer654 so that the outer spacer can slide over the inner spacer. Theinner spacer654 can be rotatably mounted on theshaft102 of theimplant100.
• The embodiment of this implant as well as the several other implants described herein act to limit extension (backward bending) of the spine. These implants, however, do not inhibit the flexion (forward bending) of the spinal column.
• The foregoing description of embodiments of the present invention has been provided for the purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to the practitioner skilled in the art.
• The embodiments were chosen and described in order to best explain the principles of the invention and its practical application, thereby enabling others skilled in the art to understand the invention and the various embodiments and with various modifications that are suited to the particular use contemplated. It is intended that the scope of the invention be defined by the following claims and its equivalence.
• Interspinous Implants
• FIGS. 7 and 8 illustrate animplant700 in accordance with an embodiment of the present invention. Theimplant700 comprises awing730, aspacer720, and a lead-in tissue expander (also referred to herein as a distraction guide)710. Thedistraction guide710 in this particular embodiment is wedge-shaped, i.e., the implant has an expanding cross-section from a proximal end of theimplant740 to aregion750 where theguide710 joins with the spacer720 (referencing for the figures is based on the point of insertion of the implant between spinous processes). As such, the distraction guide functions to initiate distraction of the soft tissue and the spinous processes when theimplant700 is surgically inserted between the spinous processes. It is to be understood that the distraction guide can be pointed and the like, in order to facilitate insertion of the implant between the spinous processes of adjacent cervical vertebrae. It is advantageous that the insertion technique disturb as little of the bone and surrounding tissue or ligaments as possible in order to reduce trauma to the site and promote early healing, and prevent destabilization of the normal anatomy. In the embodiment ofFIGS. 7 and 8, there is no requirement to remove any of the bone of the spinous processes and no requirement to sever, or remove from the body, ligaments and tissues immediately associated with the spinous processes. For example, it is unnecessary to sever the ligamentum nuchae, (supraspinous ligament) which partially cushions the spinous processes of the upper cervical vertebrae.
• As can be seen inFIGS. 7-9, thespacer720 can be teardrop-shaped in cross-section perpendicular to alongitudinal axis725 of the implant. In this way, the shape of thespacer720 can roughly conform to a wedge-shaped space, or a portion of the space, between adjacent spinous processes within which theimplant700 is to be positioned. In other embodiments, thespacer720, can have alternative shapes such as circular, wedge, oval, ovoid, football-shaped, and rectangular-shaped with rounded corners and other shapes, and be within the spirit and scope of the invention. The shape of the spacer can be selected for a particular patient so that the physician can position the implant as close as possible to the anterior portion of the surface of the spinous process. The shape selected for thespacer720 can effect the contact surface area of theimplant700 and the spinous processes that are to be subject to distraction. Increasing the contact surface area between the implant and the spinous processes can distribute the force and load between the spinous frame and the implant.
• As can be seen inFIGS. 7 and 8, thewing730 in thisembodiment700 is elliptically-shaped in cross-section perpendicular to alongitudinal axis725 of thespacer720 anddistraction guide710. The dimensions of thewing730 can be larger than that of thespacer720, particularly along the axis of the spine, and can limit or block lateral displacement of the implant in the direction of insertion along thelongitudinal axis725. As illustrated in the embodiment ofFIG. 9, thewing730 can have other cross-sectional shapes, such as teardrop, wedge, circular, oval, ovoid, football-shaped, and rectangular-shaped with rounded corners and other shapes, and be within the spirit and scope of the invention. Thewing730 has ananterior portion733 and aposterior portion735.
• In other embodiments, theimplant700 can have two wings, with a second wing760 (shown inFIG. 10) separate from thedistraction guide710,spacer720 andfirst wing730. The second wing can be connected to the proximal end of thespacer720. Thesecond wing760, similar to thefirst wing730, can limit or block lateral displacement of theimplant700, however displacement is limited or blocked in the direction along thelongitudinal axis725 opposite insertion. When both thefirst wing730 andsecond wing760 are connected with the implant and the implant is positioned between adjacent spinous processes, a portion of the spinous processes can be sandwiched between the first and second wing, limiting any displacement along thelongitudinal axis725.
• As can be seen inFIG. 10, thesecond wing760 can be teardrop-shaped in cross-section. The wider section or end762 of the teardrop shape is the posterior end of thesecond wing760 and the narrower section or end769 is the anterior end of thesecond wing760. Unlike thefirst wing730, however, the sides of thesecond wing760 define aspace770 with alip780 that allows thesecond wing760 to pass over thedistraction guide710 to meet and connect with thespacer720. Thesecond wing760 is then secured to thespacer720 toward the end of the spacer located distally from thefirst wing740. Thesecond wing760 is connected with the implant after theimplant700 is positioned between the spinous processes.
• It is to be understood that the implant can be made in two pieces. The first piece can include thefirst wing730, thespacer720, and thedistraction guide710. The second piece can include thesecond wing760. Each piece can be manufactured using technique known in the art (e.g., machining, molding, extrusion). Each piece, as will be more fully discussed below, can be made of a material that is bio-compatible with the body of the patient. For example the implants can be made of stainless steel and titanium. Additionally, a shape memory metal such as Nitinol, which is a combination of titanium and nickel, can also be used. Further polymers can also be used. The implant can be formed with multiple pieces and with the pieces appropriately joined together, or alternatively, the implant can be formed as one piece or joined together as one piece.
• Further embodiments of implants in accordance with the present invention are depicted inFIGS. 11-13. In such embodiments, thespacer810 can be rotatable about thelongitudinal axis840 relative to thefirst wing730, or relative to a first andsecond wing730,760 where two wings are used. Thespacer810 can be rotatable or fixed relative to thedistraction guide710. Where thespacer810 is rotatable, thespacer810 can include abore820 running the length of thelongitudinal axis840, and ashaft830 inserted through thebore820 and connecting thedistraction guide710 with thefirst wing730. It can be advantageous to position any of the implants taught herein as close as possible to the vertebral bodies. Therotatable spacer810 can rotate to conform to or settle between the bone structures of the cervical spine as the implant is inserted between the spinous processes, so that on average the contact surface area between thespacer810 and both of the spinous processes can be increased over the contact surface area between afixed spacer810 and the spinous processes. Thus, therotatable spacer810 improves the positioning of the spacer independent of the wings relative to the spinous processes. The embodiment ofFIG. 12 has afirst wing730 and if desired, asecond wing760 similar to the wing depicted in the embodiment ofFIG. 9. As discussed below, the shape of the wings inFIGS. 9 and 12 is such that the implants accommodate the twisting of the cervical spine along its axis as, for example, the head of a patient turning from side to side.
• FIG. 14 is a perspective view andFIG. 15A is an end view of still another embodiment of an implant in accordance with the present invention, wherein theposterior portion735 of the teardrop-shapedfirst wing730 is truncated910, making thefirst wing730 more ovoid in shape. In this configuration, theanterior portion733 of thefirst wing730 can be longer than the truncatedposterior end910 of thefirst wing730. As in previous embodiments, thespacer810 ofsuch implants900 can be a rotatable spacer rather than a fixed spacer.FIG. 15B illustrates a second wing for use withsuch implant900 having a truncatedposterior end940. Truncation of the posterior ends910,940 of the first andsecond wings730,760 can reduce the possibility of interference ofimplants900 having such first andsecond wings730,760 positioned between spinous processes of adjacent pairs of cervical vertebrae, e.g., implants between cervical vertebrae five and six, and between six and seven.
• During rotation of the neck, the spinous process move past each other in a scissor-like motion. Each cervical vertebra can rotate relative to the next adjacent cervical vertebra in the general range of about 6°-12°. In addition, about 50 percent of the rotational movement of the neck is accomplished by the top two neck vertebrae. Thus, such embodiments can accommodate neck rotation without adjacent embodiments interfering with each other.
• With respect to the prior embodiments which have first and second wings, thesecond wing760, can be designed to be interference-fit onto the spacer720 (where the spacer is fixed) or a portion of thedistraction guide710 adjacent to the spacer720 (where the spacer is rotatable). Where thesecond wing760 is interference-fit, there is no additional attachment device to fasten thesecond wing760 relative to the remainder of the implant.
• Alternatively, various fasteners can be used to secure thesecond wing760 relative to the remainder of the implant. For example,FIGS. 16-17 illustrate an embodiment of animplant1000 including a teardrop-shaped second wing1010 having abore1020 through atongue1030 at the posterior end of thesecond wing760. The bore on thesecond wing1020 is brought into alignment with acorresponding bore1040 on thespacer720 when thesecond wing760 is brought into position by surgical insertion relative to the rest of the implant. A threadedscrew1050 can be inserted through the aligned bores in a posterior-anterior direction to secure thesecond wing760 to thespacer720. The direction of insertion from a posterior to an anterior direction has the screw engaging the bores and the rest of the implant along a direction that is generally perpendicular to thelongitudinal axis725. This orientation is most convenient when the surgeon is required to use ascrew1050 to secure thesecond wing760 to the rest of the implant. Other securing mechanisms using a member inserted intocorresponding bores1020,1040 on thespacer720 andsecond wing760 are within the spirit of the invention.
• It should be understood that arotatable spacer810 also can be accommodated by this embodiment. With arotatable spacer810, thesecond wing760 would be attached to a portion of thedistraction guide710 that is located adjacent to therotatable spacer810.
• FIGS. 19A-20B depict afurther embodiment1100 wherein thesecond wing760 is secured to thespacer720 by a mechanism including aflexible hinge1115, with aprotrusion1130 on the end of the hinge1110 adjacent to thelip780 of thehole770 defined by portions of thesecond wing760. The securing mechanism also encompasses anindentation1140 on thespacer720, wherein the indentation accommodates theprotrusion1130 on the end of theflexible hinge1115. During surgery, after insertion of thedistraction guide710,spacer720, andfirst wing730, thesecond wing760 is received over thedistraction guide710 and thespacer720. As thesecond wing760 is received by thespacer720, theflexible hinge1115 and itsprotrusion1130 deflect until theprotrusion1130 meets and joins with theindentation1140 in thespacer720, securing thesecond wing760 to thespacer720. Again in embodiments where the spacer can rotate, theindentation1140 is located on an end of thedistraction guide710 that is adjacent to750 therotatable spacer810. With respect to theflexible hinge1115, this hinge is in a preferred embodiment formed with thesecond wing760 and designed in such a way that it can flex as thehinge1115 is urged over thedistraction guide710 and thespacer720 and then allow theprotrusion1130 to be deposited into theindentation1140.
• Alternatively, it can be appreciated that theindentation1140 can exist in thesecond wing760 and theflexible hinge1115 and theprotrusion1130 can exist on thespacer720 in order to mate thesecond wing760 to thespacer720. Still alternatively, theflexible hinge1115 can be replaced with a flexible protrusion that can be flexed into engagement with theindentation1140 in the embodiment with theindentation1140 in thespacer720 or in the embodiment with theindentation1140 in thesecond wing760.
• FIGS. 21A-22 illustrate an embodiment of animplant1200 wherein anterior ends of afirst wing730 andsecond wing760 flare out at an angle away from thespacer720 and away from each other. The cervical spinous processes are themselves wedge-shaped when seen from a top view. That theimplant1200 can roughly conform with the wedge shape so that theimplant1200 can be positioned as close as possible to the vertebral bodies of the spine where the load of the spine is carried. Thus the first730 and thesecond wings760 are positioned relative to the spacer, whether the spacer is fixed720 or rotatable810, so that the wings flare out as the wings approach the vertebral body of the spine.FIG. 21B depicts a top view of theimplant1200 ofFIG. 21A. As is evident fromFIG. 21B, thefirst wing730 is aligned at an angle with respect to a line perpendicular to the longitudinal axis. In one embodiment, the angle is about 30°, however, the angle Θ can range from about 15° to about 45°. In other embodiments, other angles of thefirst wing730 relative to thespacer720 outside of this range are contemplated and in accordance with the invention. Likewise, thesecond wing760 can be aligned along a similar, but oppositely varying range of angles relative to the line perpendicular to the longitudinal axis. The first andsecond wing730,760 thus form an obtuse angle with respect to thespacer720 in this embodiment. Thesecond wing760 defines aninner hole770 which is outlined by thelip780. As is evident, thelip780 can be provided at an angle relative to the rest of thesecond wing760 so that when thelip780 is urged into contact with thespacer720, thesecond wing760 has the desired angle relative to thespacer720. As discussed above, there are various ways that thesecond wing760 is secured to thespacer720.FIG. 21A depicts a top view of onesuch implant1200 placed between the spinous processes of adjacent cervical vertebrae.FIG. 22 is a top view illustrating two layers of distractingimplants1200 with flared wings.
• Systems and methods in accordance with the present invention can include devices that can be used in cooperation with implants of the present invention.FIG. 23 illustrates “stops” (also referred to herein as “keeps”)1310, which are rings of flexible biocompatible material, which can be positioned around the spinous processes of adjacent cervical vertebrae and located posteriorly to the implant. The keeps1310 can prevent posterior displacement of the implants. In one embodiment, the keeps can include aring1310 having aslit1320. The keeps1310 can be somewhat sprung apart, so that thekeep1310 can be fit over the end of the spinous process and then allowed to spring back together in order to hold a position on the spinous process. The keep1310 can act as a block to thespacer720 in order to prevent the implant from movement in a posterior direction.
• Distractible Interspinous Implants
• In still other embodiments, implants in accordance with the present invention can be distractible in situ.FIG. 24 is a perspective view of one such implant. Theimplant1800 comprises abody1801 adapted to be inserted between the spinous processes, and adistracting insert1806. Thebody1801 can include two substantially mirror parts: afirst part1802 adapted to contact and support an upper spinous process and asecond part1804 adapted to contact and support a lower spinous process. When positioned such that the first andsecond parts1802,1804 align with and abut one another, thebody1801 can resemble implants described above in reference toFIGS. 7-23. In other embodiments, thebody1801 can have a shape other than those shown inFIGS. 7-23. Further, in some embodiments thefirst part1802 andsecond part1804 can have different shapes, such that when thefirst part1802 andsecond part1804 align with and abut one another, thebody1801 is nonsymmetrical about the plane of contact. For example, as shown inFIG. 25A, thefirst part1802 can have a saddle-like, or concave shape conforming roughly with a shape of a contact surface of the second cervical, while thesecond part1804 has a substantially convex shape.
• Thebody1801 can include awing1830 having a first andsecond portion1832,1834, aspacer1820 having a first andsecond portion1822,1824, and a lead-in tissue expander (also referred to herein as a distraction guide)1810 having a first andsecond portion1812,1814. Thedistraction guide1810 as shown is wedge-shaped, i.e., thedistraction guide1810 has an expanding cross-section from the proximal end of thebody1801 to a region where thedistraction guide1810 joins with thespacer1820. As such, thedistraction guide1810 functions to initiate distraction of the soft tissue and the spinous processes when thebody1801 is surgically inserted between the spinous processes.
• Thespacer1820, as shown, is teardrop-shaped in a cross-section perpendicular to the spacer'slongitudinal axis1825. Thespacer1820 can be shaped to roughly conform to a wedge-like space, or a portion of the space, between adjacent spinous processes, for example as between the spinous processes of the fourth and fifth cervical vertebrae. The shape of thespacer1820 can be selected for a particular patient, and/or a particular pair of adjacent spinous processes, and can vary substantially. Thus, in other embodiments, thespacer1820 can have other cross-sectional shapes, such as circular, wedge, oval, ovoid, football-shaped, and rectangular-shaped with rounded corners and other cross-sectional shapes and/or can be custom fabricated for the particular patient and the anatomy of the particular spinal processes between which theimplant1800 is to be placed.
• In still other embodiments, thespacer1820 can have a nonsymmetrical cross-sectional shape, for example where a space between adjacent spinous processes is nonsymmetrical.
• The ability to select a size and shape of thespacer1820 to suit a patient allows the physician to choose animplant1800 that can be placed closer to the vertebral bodies than farther away for additional support. The shape selected for thespacer1820 can define the contact surface area between theimplant1800 and the spinous processes that are subject to distraction.
• Increasing the contact surface area between theimplant1800 and the spinous processes distributes the force and load between the spinous frame and theimplant1800. Generally, a teardrop or wedge-shapedspacer1820 can allow for more load-bearing contact between thespacer1820 and the spinous processes of the cervical vertebrae, and embodiments having such shapes will be more particularly described.
• As shown, thewing1830 can be tear-drop shaped in cross-section, although having a minor dimension that is larger than that of thespacer1820, and can limit or block lateral displacement of theimplant1800 in the direction of insertion along thelongitudinal axis1825. However, thewing1830 need not be teardrop shaped. In other embodiments, thewing1830 can have some other shape, for example thewing1830 can be elliptical, wedge, circular, oval, ovoid, football-shaped, and rectangular-shaped with rounded corners and other shapes, and be within the spirit and scope of the invention. Further, as with thespacer1820, thewing1830 can have a nonsymmetrical cross-sectional shape. The shape of thewing1830 can be chosen to most easily fit into place while avoiding obstructions, such as soft tissue or bone, or other implants, while still blocking or limiting lateral displacement.
• Thewing1830 can include one ormore cavities1852,1854 that extend through thewing1830 and through at least a portion of thespacer1820. The one ormore cavities1852,1854 should comprise a first groove formed in thefirst part1802 and a second groove formed in thesecond part1804, so that the cross-section of thecavity1852,1854 can be expanded during insertion of adistracting insert1806, as described below. Thebody1801 ofFIG. 24 includes afirst cavity1852 and asecond cavity1854 to receive afirst insert1842 and asecond insert1844 of thedistracting insert1806. Having two or more cavities and corresponding inserts can prevent relative rotation between thebody1801 and thedistracting insert1806. In the embodiment shown in cross-section inFIG. 25B, each cavity has a substantially circular cross-section, and is sized roughly in proportion to the width of thespacer1820, so that thefirst cavity1852 is larger in diameter than thesecond cavity1854.
• However, in other embodiments, the cavities need not be shaped as shown. For example, the cavities can be elliptical, dual-lobed, or otherwise shaped. Further, the cavities need not be sized as shown. For example, the cavities can be roughly the same size. As shown inFIG. 25C, in still further embodiments, thebody1801 can include more than twocavities1852,1854,1856, and each cavity can have similar, or different shape. As shown inFIG. 25D, in still other embodiments thebody1801 can include asingle cavity1852, such as a wedge-shaped cavity roughly corresponding to a shape of thespacer1820. Myriad different cavity shapes and cavity configurations can be employed to achieve separation of abody1801 positioned between spinous processes. However, it can be preferable that the shape of thecavities1852,1854,1856 should correspond roughly with the shape of the upper and lower surfaces of theinserts1842,1844,1846 of the. distractinginsert1806, so that, as shown inFIG. 25B-25D, a load applied to thebody1801 can be distributed relatively evenly over the surface of thecavities1852,1854,1856.
• Once thebody1801 is positioned between adjacent spinous processes, the first andsecond parts1802,1804 of thebody1801 can be separated, thereby expanding the width of thebody1801 and distracting the adjacent spinous processes. In one embodiment, separation of the first andsecond parts1802,1804 can be accomplished, for example, by positioning the distracting insert806 within thebody1801 such that the first andsecond parts1802,1804 are urged apart. As mentioned above, thedistracting insert1806 can include one or more inserts associated with the one or more cavities, the one or more inserts being fixedly connected to acap1808. As shown inFIG. 24, thedistracting insert1806 includes afirst insert1842 and asecond insert1844, each of the inserts being fixedly connected with acap1808 having a shape roughly corresponding to a shape of thewing1830.Inserts1842,1844 have distracting tips that can initially urge the halves of theimplant1800 apart. In other words, theinserts1842,1844 have tips with ever-increasing cross-section so that the tips can be easily inserted in thecavities1852,1854 and the continual movement of theinsert1842,1844 urges the halves of thebody1801 apart. Thus, the tips of theinsert1842,1844 can be smaller than thecavities1852,1854 in order to facilitate initial insertion into thecavities1852,1854. As shown in FIGS.25B-D, the one ormore inserts1842,1844,1846 can be sized such that they have a height larger than a diameter (or height) of the one ormore cavities1852,1854,1856, so that when positioning the inserts within the cavities, thefirst part1802 andsecond part1804 of thebody1801 are separated by the difference in height of the inserts and the diameter (or height) of the cavities (i.e., an additional distraction height).
• As shown inFIG. 26A, thebody1801 can be inserted between adjacent spinous processes by piercing and/or displacing the soft tissue (i.e., the interspinous ligament) with thedistraction guide1810 and stretching and/or displacing the tissue so that thespacer1820 fits between the spinous processes. The height of thefirst part1802 andsecond part1804 of thebody1801 can be minimized by abutting thefirst part1802 and thesecond part1804 so that thebody1801 can be positioned between the spinous processes.
• As described above, and as can be seen inFIG. 26A, the shape of thebody1801 can resemble the shape of a space between adjacent spinous processes. With thebody1801 in place, thedistracting insert1806 can be inserted into thebody1801, causing thefirst part1802 andsecond part1804 to separate, as described above and shown inFIG. 26B. As discussed above, proximal ends of theinserts1842,1844 of thedistracting insert1806 can be tapered to assist in guiding theinserts1842,1844 into thecavities1852,1854, and to ease separation of the first andsecond parts1802,1804. Thedistracting insert1806 can haveinserts1842,1844 sized to achieve a desired amount of distraction of the spinous processes.
• As with thebody1801, multipledistracting inserts1806 can be made available to a physician, the physician choosing adistracting insert1806 sized to suit a particular patient. A system in accordance with one embodiment of the present invention can comprise a plurality ofbodies1801, eachbody1801 having different shape and/or height.
• Such a system can further comprise a plurality ofdistracting inserts1806, having inserts corresponding to cavities of thebodies1801, and having different heights to achieve different amounts of distraction. Methods in accordance with embodiments of the present invention can apply such systems so that a physician can select implant components appropriate to the patient at the time of surgery, and can further substitute different bodies and/or different distracting inserts based on evaluation or reevaluation during surgery.
• FIG. 27A is a cross-sectional side view of adistractible implant1800 in accordance with one embodiment of the present invention positioned between adjacent spinous processes, and having aninsert1842 of thedistracting insert1806 partially inserted within acavity1852 of thebody1801. As described above, when inserted between spinous processes, thefirst part1802 of thebody1801 is aligned and abutted with thesecond part1804 of thebody1801. Thefirst part1802 andsecond part1804 should remain aligned while thebody1801 is inserted between the spinous processes, and further should remain aligned while thedistracting insert1806 is mated with thebody1801. In order to maintain proper alignment, one of the first andsecond parts1802,1804 can include alignment pins (or protrusions)2118 that mate withcorresponding holes2119 of the other of the first andsecond parts1802,1804. Thepins2118 can be made of the same or different material as thebody1801, and can be integrally formed or mated with the corresponding part. For example, where thepins2118 are made of titanium, and thebody1801 is made of a biocompatible thermoplastic, thepins2118 can be press fit into thesecond part1804. Thepins2118 are free to slide in and out of theholes2119, but are prevented from separating from theholes2119 by pressure of the spinous processes. As aninsert1842 enters acavity1852 of thebody1801, the distal end of thebody1801 begins to separate, as shown. As the spinous processes are distracted, thepins2118 move within theholes2119, allowing separation of thefirst part1802 andsecond part1804. Thepins2118 prevent relative shifting or sliding along the longitudinal axis or along the length of the spinous process. The pins2118 (and corresponding holes2119) preferably have a height larger than the maximum distraction height, thereby preventing thepins2118 from separating from theholes2119 and allowing relative shifting of the first andsecond parts1802,1804.FIG. 27B is a top view showing the position of thepins2118 relative to a first andsecond cavity1852,1854. Twopins2118 are shown extending throughholes2119 of thesecond part1802, however, in other embodiments, any number ofpins2118 or protrusions can be integrally formed or connected with one of the first andsecond parts1802,1804.
• In an alternative embodiment (not shown), thefirst part1802 andsecond part1804 of thebody1801 can be bound together by a flexible, artificial ligament or suture material. For example, the material can be a bio-compatible polymer having flexible properties. The artificial ligament or suture material can limit the shifting between thefirst part1802 andsecond part1804. In still other embodiments, some other device can be employed to maintain alignment of the first andsecond parts1802,1804. It is intended that in some embodiments of the present invention, it is preferable to maintain alignment of the first andsecond parts1802,1804 during distraction. As one of ordinary skill in the art can appreciate, many different devices can be employed to maintain alignment between the first andsecond parts1802,1804 of thebody1801.
• As shown inFIGS. 28A and 28B, thedistracting insert1806 can be secured to thebody1801 by aclip2260. Thebody1801 as shown inFIGS. 28A-28D is the same as thebody1801 ofFIG. 24. Commonly labeled components are as described above. However, it should be noted that other embodiments of abody1801 can be used withdistracting inserts1806 described with reference toFIG. 28A-28D. In one embodiment, theclip2260 can include afirst tab2262 and asecond tab2264. Eachtab2262,2264 can extend across at least a portion of the width of the respective portion of thewing1830 along thelongitudinal axis1825. When thedistracting insert1806 is mated with thebody1801, thewing1830 can be interference-fit with thedistracting insert1806 so that thewing1830 is held between thetabs2262,2264. The pressure applied to the surfaces of thewing1830 should create sufficient frictional force to prevent relative movement between thebody1801 and distractinginsert1806. In other embodiments, theclip2260 can comprise a single lip along a portion of, or the entire periphery of the cap (and wing1830) and can extend across at least a portion of the width of thewing1830 along thelongitudinal axis1825.
• As shown inFIG. 28C, in still other embodiments, eachtab2262,2264 can include aprotrusion2263,2265 located at a proximal end of thetab2262,2264. Thewing1830 can includeindentations2273,2275, or cavities, for receiving each of theprotrusions2263,2265 so that when the protrusions are positioned within the respective indentations, theclip2260 is locked in place. Alternatively, thetab2262,2264 can extend beyond aledged wing1830, so that theclip2260 can be locked in place when theprotrusions2263,2265 clear thewing1830. As described above, thedistracting insert1806 is mated with the positionedbody1801 by gradually urging the inserts of thedistracting insert1806 along the length of the cavities of thespacer1820. Theprotrusions2263,2265 can be beveled, so that as the protrusions contact an outer lip of thewing1830, thetabs2262,2264 deflect upward, allowing thedistracting insert1806 to continue moving into position along the longitudinal axis. When theprotrusions2263,2265 find theindentations2273,2275 of the wing1830 (or alternatively, when the protrusions clear the ledge), theclasp2260 locks into place and thedistracting insert1806 is mated with thebody1801.
• In still further embodiments, thedistracting insert1806 need not include a clip, but can be mated with thebody1801 using some other device. For example, as shown inFIG. 28D, aninsert1842 can include one ormore pegs2272,2274, and one or more corresponding through-holes2282,2284 (or cavities) within thefirst wing1830. The one ormore pegs2272,2274 can be sized such that a feature of the one ormore pegs2272,2274 is approximately the same width, or slightly larger than a width, w, of the one or more corresponding through-holes2282,2284, so that an interference fit is created between thedistracting insert1806 and thebody1801, holding thedistracting insert1806 seated in place, and limiting the relative movement of thefirst part1802 andsecond part1804.
• Referring toFIG. 29, theimplant1800 can further include asecond wing2360, similar to previously described embodiments. Thesecond wing2360 can be connected to the proximal end of thespacer1820 so that portions of the adjacent spinous processes are sandwiched between thesecond wing2360 and thefirst wing1830. Thesecond wing2360, like thefirst wing1830, can prevent lateral displacement of thebody1801 relative to the spinous processes. Thesecond wing2360 can be teardrop-shaped and sized to approximate the shape and size of thefirst wing1830 when thedistracting insert1806 is mated with thebody1801. Likewise, the sides of thesecond wing2360 define aspace2370 with alip2380 that allows thesecond wing2360 to pass over thedistraction guide1810 to meet and connect with thespacer1820. Thespace2370 defined within thesecond wing2360 should correspond with the distracted height of thebody1801. As described above, systems and methods in accordance with the present invention can comprise a plurality ofbodies1801 and a plurality ofdistracting inserts1806 to suit a particular patient. Likewise, systems and methods in accordance with the present invention can further comprise a plurality ofsecond wings2360 corresponding in size and shape to the plurality ofbodies1801 and the plurality ofdistracting inserts1806. Thesecond wing2360 can be secured to thespacer1820, for example as described above. Thesecond wing2360 is implanted once thedistraction guide1810,spacer1820, andfirst wing1830 are inserted as a unit between the spinous processes of adjacent cervical vertebrae.
• It is to be understood that the various features of the various embodiments can be combined with other embodiments of the invention and be within the spirit and scope of the invention. Thus, for example only, the embodiment ofFIG. 24 can have truncated wings as depicted in other embodiments.
• Materials for Use in Implants of the Present Invention
• It is to be understood that implants in accordance with the present invention, and/or portions thereof can be fabricated from somewhat flexible and/or deflectable material.
• In these embodiments, the implant and/or portions thereof can be made out of a polymer, such as a thermoplastic. For example, in one embodiment, the implant can be made from polyketone, known as polyetheretherketone (PEEK). Still more specifically, the implant can be made from PEEK 450G, which is an unfilled PEEK approved for medical implantation available from Victrex of Lancashire, Great Britain. Other sources of this material include Gharda located in Panoli, India. PEEK has the following approximate properties:

  	Property	Value

  	Density	1.3	g/cc
  	Rockwell M	99
  	Rockwell R	126
  	Tensile Strength	97	MPa
  	Modulus of Elasticity	3.5	GPa
  	Flexural Modulus	4.1	GPa

• The material specified has appropriate physical and mechanical properties and is suitable for carrying and spreading a physical load between the adjacent spinous processes. The implant and/or portions thereof can be formed by extrusion, injection, compression molding and/or machining techniques.
• In some embodiments, the implant can comprise, at least in part, titanium or stainless steel, or other suitable implant material which is radiopaque, and at least in part a radiolucent material that does not show up under x-ray or other type of imaging. For example, in one embodiment, a first wing, a second wing and a shaft can comprise a radiopaque material (e.g., titanium) and a rotatable spacer and a lead-in tissue expander can comprise a radiolucent material (e.g., PEEK). In such an embodiment, under imaging the implant looks like an “H”. The physician can have a less obstructed view of the spine under imaging, than with an implant comprising radiopaque materials entirely. However, the implant need not comprise any radiolucent materials.
• It should be noted that the material selected can also be filled. For example, other grades of PEEK are also available and contemplated, such as 30% glass-filled or 30% carbon-filled, provided such materials are cleared for use in implantable devices by the FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to that which is unfilled. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to enhance the compressive strength and stiffness of PEEK and lower its expansion rate. Carbon-filled PEEK offers wear resistance and load carrying capability.
• In this embodiment, as described above, the implant is manufactured from PEEK, available from Victrex. As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention.
• The spacer can also be comprised of polyetherketoneketone (PEKK). Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), and polyetheretherketoneketone (PEEKK), and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics. Reference to appropriate polymers that can be used in the implant can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/02158 A1, dated Jan. 10, 2002, entitled “Bio-Compatible Polymeric Materials;” PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials;” and, PCT Publication WO 02/00270 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials.” Other materials such as Bionate®, polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.
• Methods for Implanting Interspinous Implants
• A minimally invasive surgical method for implanting animplant100,1800 in the cervical spine is disclosed and taught herein. In this method, as shown inFIG. 30, preferably aguide wire2480 is inserted through aplacement network2490 into the neck of the implant recipient. Theguide wire2480 is used to locate where the implant is to be placed relative to the cervical spine, including the spinous processes. Once theguide wire2480 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that an implant in accordance with an embodiment of the present invention, can be positioned in the neck thorough an incision and along a line that is about perpendicular to theguide wire2480 and directed at the end of theguide wire2480. In one embodiment, the implant can be a sized implant100 (i.e., having a body that is not distractible), such as described above inFIGS. 7-23 and including adistraction guide710, aspacer720, and afirst wing730. Theimplant700 is inserted into the neck of the patient. Preferably during insertion, the distraction end pierces or separates the tissue without severing the tissue.
• Once theimplant700 is satisfactorily positioned, asecond wing760 can be optionally inserted along a line that is generally collinear with the line over which theimplant700 is inserted but from the opposite side of the neck. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to theimplant700 and thesecond wing760. Thesecond wing760 is mated to the implant and in this particular embodiment, thesecond wing760 is snapped into engagement with theimplant700. In an alternative embodiment, thesecond wing760 is attached to the implant by the use of a fastener, for example by ascrew1050. Where a screw is used, thescrew1050 can be positioned using a screw driving mechanism that is directed along a posterior to anterior line somewhat parallel to theguide wire2480. This posterior to anterior line aids the physician in viewing and securing the second wing160 to the implant.
• In other embodiments of methods in accordance with the present invention, the implant can be adistractible implant1800, such as described above inFIGS. 24-29. In such embodiments, as shown inFIG. 31, preferably aguide wire2580 is inserted through aplacement network2590 into the neck of the implant recipient (as shown and described above). Once theguide wire2580 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that adistractible body1801 in accordance with an embodiment of the present invention, can be positioned in the neck thorough an incision and along a line that is about perpendicular to the guide wire880 and directed at the end of the guide wire. Thedistractible body1801 can include adistraction guide1810, aspacer1820, and afirst wing1830. Thebody1801 is inserted into the neck of the patient, between adjacent spinous processes. Preferably during insertion, thedistraction guide1810 pierces or separates the tissue without severing the tissue, and thebody1801 is positioned so that thespacer1820 is between the adjacent spinous processes. Adistracting insert1806 is then positioned within the incision and urged into one or more cavities of thebody1801, distracting the spinous processes between which the body is positioned. As thedistracting insert1806 mates with thebody1801, thedistracting insert1806 locks in place.
• Once thedistractible implant1800 is satisfactorily positioned and distracted, asecond wing2360 can optionally be inserted along a line that is generally collinear with the line over which thebody1801 is inserted but from the opposite side of the neck. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to thebody1801 and thesecond wing2360. Thesecond wing2360 can be mated to thebody1801 through an interference fit, or alternatively by attaching to thebody1801 by the use of a fastener, or by some other device, as described above. For example, where a screw is employed, the screw can be positioned using a screw driving mechanism that is directed along a posterior to anterior line somewhat parallel to the guide wire. This posterior to anterior line aids the physician in viewing and securing thesecond wing2360 to thebody1801.
• The foregoing description of the present invention have been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to practitioners skilled in this art. The embodiments were chosen and described in order to best explain the principles of the invention and its practical application, thereby enabling others skilled in the art to understand the invention for various embodiments and with various modifications as are suited to the particular use contemplated. It is intended that the scope of the invention be defined by the following claims and their equivalents.
• FIG. 32 is a perspective view of an implant as described in U.S. Pat. No. 6,695,842 to Zucherman, et al. and U.S. Pat. No. 6,712,819 to Zucherman et al., both incorporated herein by reference. Theimplant3100 has amain body3101. Themain body3101 includes aspacer3102, afirst wing3108, a lead-in tissue expander3106 (also referred to herein as a distraction guide) and analignment track3103. Themain body3101 is inserted between adjacent spinous processes. Preferably, themain body3101 remains (where desired) in place without attachment to the bone or ligaments.
• Thedistraction guide3106 includes a tip from which thedistraction guide3106 expands, the tip having a diameter sufficiently small such that the tip can pierce an opening in an interspinous ligament and/or can be inserted into a small initial dilated opening. The diameter and/or cross-sectional area of thedistraction guide3106 then gradually increases until it is substantially similar to the diameter of themain body3101 andspacer3102. The tapered front end eases the ability of a physician to urge theimplant3100 between adjacent spinous processes. When urging themain body3101 between adjacent spinous processes, the front end of thedistraction guide3106 distracts the adjacent spinous processes and dilates the interspinous ligament so that a space between the adjacent spinous processes is approximately the diameter of thespacer3102.
• The shape of thespacer3102 is such that for purposes of insertion between the spinous processes, the spinous processes need not be altered or cut away in order to accommodate thespacer3102. Additionally, associated ligaments need not be cut away and there is little or no damage to the adjacent or surrounding tissues. As shown inFIG. 32, thespacer3102 is elliptically shaped in cross-section, and can swivel about a central body (also referred to herein as a shaft) extending from thefirst wing3108 so that thespacer3102 can self-align relative to the uneven surfaces of the spinous processes. Self-alignment can ensure that compressive loads are distributed across the surface of the bone. As contemplated in Zucherman '842, thespacer3102 can have, for example, a diameter of six millimeters, eight millimeters, ten millimeters, twelve millimeters and fourteen millimeters. These diameters refer to the height by which the spacer distracts and maintains apart the spinous process. For an elliptically shaped spacer, the selected height (i.e., diameter) is the minor dimension measurement across the ellipse. The major dimension is transverse to the alignment of the spinous process, one above the other.
• Thefirst wing3108 has alower portion3113 and anupper portion3112. As shown inFIG. 32, theupper portion3112 is shaped to accommodate the anatomical form or contour of spinous processes (and/or laminae) of the L4 (for an L4-L5 placement) or L5 (for an L5-S1 placement) vertebra. The same shape or variations of this shape can be used to accommodate other motion segments. Thelower portion3113 can also be rounded to accommodate the spinous processes. Thelower portion3113 andupper portion3112 of thefirst wing3108 act as a stop mechanism when theimplant3100 is inserted between adjacent spinous processes. Theimplant3100 cannot be inserted beyond the surfaces of thefirst wing3108. Additionally, once theimplant3100 is inserted, thefirst wing3108 can prevent side-to-side, or posterior-to-anterior movement of theimplant3100. Thefirst wing3108 can further include one ormore alignment holes3103 and one or morelocking pin holes3104 for receiving pins of a main body insertion instrument (not shown).
• Theimplant3100 further includes an adjustable wing3150 (also referred to herein as a second wing). Theadjustable wing3150 has alower portion3152 and anupper portion3153. Similar to thefirst wing3108, theadjustable wing3150 is designed to accommodate the anatomical form or contour of the spinous processes and/or lamina. Theadjustable wing3150 is secured to themain body3101 with afastener3154. Theadjustable wing3150 also has analignment tab3158. When theadjustable wing3150 is initially placed on themain body3101, thealignment tab3158 engages thealignment track3103. Thealignment tab3158 slides within thealignment track3103 and helps to maintain theadjustable wing3150 substantially parallel with thefirst wing3108. When themain body3101 is inserted into the patient and theadjustable wing3150 has been attached, theadjustable wing3150 also can prevent side-to-side, or posterior-to-anterior movement.FIG. 33A illustrates animplant3100 positioned between adjacent spinous processes extending from vertebrae of the lumbar region. Theimplant3100 is positioned between inferiorarticular processes10 associated with the upper vertebrae and superiorarticular processes12 associated with the lower vertebrae. Thesupraspinous ligament6 connects the upper and lowerspinous processes2,4. Theimplant3100 can be positioned without severing or otherwise destructively disturbing thesupraspinous ligament6.
• Referring toFIG. 33B, thespacer3102 of theimplant3100 ofFIG. 33A is shown in cross-section. Thespacer3102 defines a minimum space between adjacentspinous processes2,4.
• During extension thespacer3102 limits or blocks relative movement between the adjacentspinous processes2,4, limiting or blocking the collapse of the space between thespinous processes2,4. Such support can alleviate symptoms of degenerative disorders by preventing a reduction of the foraminal area and compression of the nerve roots, or by avoiding aggravation of a herniated disk, or by relieving other problems. However, as shown inFIG. 33C, theimplant3100 permits flexion, which in some degenerative disorders (for example in cases of spinal stenosis) can relieve some symptoms. As can be seen, during flexion thespacer3102 can float between the spinous processes, held in position by theinterspinous ligament8, and/or other tissues and structures associated with the spine. The ability to float between thespinous processes2,4 also permits varying degrees of rotation, as well as flexion. Implants as described in Zucherman '842 thus have the advantage that they permit a greater degree of movement when compared with primary and supplementary spinal fusion devices.
• In some circumstances, for example where a patient develops spondylosis or other degenerative disorder that makes both flexion and extension painful and uncomfortable, it can be desired that the spinous processes be further immobilized, while providing the same ease of implantation as provided with implants described above. Referring toFIG. 34A, an embodiment of animplant3300 in accordance with the present invention is shown. Theimplant3300 includes adistraction guide3306, aspacer3302, and abrace3308. As shown, thespacer3302 is rotatable about acentral body3301 extending from thebrace3302, although in other embodiments thespacer3302 can be fixed is position. Abinder3330 can be fixedly connected with thebrace3308 at aproximal end3332 of thebinder3330. Thebinder3330 is flexible, or semi-flexible, and can be positioned around adjacent spinous processes so that thebinder3308 engages the spinous processes during flexion of the spine. Once positioned around adjacent spinous processes, tension of thebinder3330 can be set when thebinder3330 is secured to thebrace3308 so that relative movement of the adjacent spinous processes during flexion is limited or prevented, as desired.
• As can be seen inFIG. 34A, in an embodiment thebrace3308 can include a first end having aslot3341 through which theproximal end3332 of thebinder3330 can be threaded and subsequently sutured, knotted or otherwise bound so that theproximal end3332 of thebinder3330 cannot be drawn through theslot3341. In other embodiments (not shown), theproximal end3332 can be looped or can include a connector, such as a clasp or other device, and can be fixed to thebrace3308 via a fastener that engages the connector. One of ordinary skill in the art can appreciate the myriad different ways in which theproximal end3332 of thebinder3330 can be associated with thebrace3308 so that tension can be applied to thebinder3330, and implants in accordance with the present invention are not intended to be limited to those schemes described in detail herein. Thebrace3308 can include a height along the spine greater than a height of thespacer3302 so that movement along a longitudinal axis L in the direction of insertion is limited or blocked by thebrace3308 when thebrace3308 contacts the lateral surfaces of the spinous processes. In this way, thebrace3308 can function similarly to thewing3108 of the above describedimplant3300. In other embodiments, thebrace3308 can have a height greater or smaller than as shown. Once thebinder3330 is positioned around the spinous processes and secured, movement of theimplant3300 relative to the spinous processes is limited by thebinder3330 along the longitudinal axis as well as along the spinous processes (i.e., anterior-to-posterior movement).
• A free end of thebinder3330 can be secured to thebrace3308 by acapture device3320 associated with thebrace3308. Thebrace3308 can include aflange3310 from which thecapture device3320 can extend, hi the embodiment shown inFIG. 34A, thecapture device3320 comprises arotatable cam3321 having afastener3322 and one or more cut-outs3324. A tool can be mated with the cut-outs3324 and rotated to pivot therotatable cam3321. When thecam3321 is rotated, the eccentric shape of thecam3321 causes a gap to close between thecam3321 and awall3314 of thebrace3330 from which theflange3310 extends. When thebinder3330 is positioned between thecam3321 and thewall3314, the rotation of thecam3321 can pinch thebinder3330 between thecam3321 and thewall3314, defining asecured end3336 of thebinder3330. Optionally, thefastener3322 can be screwed (i.e., rotated) so that thefastener3322 is further seated, tightening against thecam3321 to fix thecam3321 in position. Further, optionally, one or both of thewall3314 and therotatable cam3321 can include knurls, or some other texture (e.g., teeth) to prevent slippage (i.e., the slipping of thebinder3330 between thecam3321 and the wall3314). Thebrace3308 can further include aguide3312, such as a channel or slot (a slot as shown) at a second end of thebrace3308 to align thebinder3330 with thecapture device3320. Thebinder3330 can comprise a strap, ribbon, tether, cord, or some other flexible (or semi-flexible), and preferably threadable structure. Thebinder3330 can be made from a biocompatible material, hi an embodiment, thebinder3330 can be made from a braided polyester suture material. Braided polyester suture materials include, for example, Ethibond, Ethiflex, Mersilene, and Dacron, and are nonabsorbable, having high tensile strength, low tissue reactivity and improved handling. In other embodiments, thebinder3330 can be made from stainless steel (i.e., surgical steel), which can be braided into a tether or woven into a strap, for example. In still other embodiments, thebinder3330 can be made from some other material (or combination of materials) having similar properties.
• Thedistraction guide3306 can optionally include a slot, bore, cut-out orother cavity3309 formed in thedistraction guide3306 through which thebinder3330 can be threaded or positioned. Such a cavity can allow on-axis positioning of the binder3330 (i.e., the binder can be substantially aligned with the longitudinal axis L of the implant3300). Further, capturing thebinder3330 within a slot or bore can prevent or limit shifting of thedistraction guide3306 relative to thebinder3330 to further secure theimplant3300 between the spinous processes.
• As will be readily apparent to one of skill in the art, implants in accordance with the present invention provide significant benefits to a physician by simplifying an implantation procedure and reducing procedure time, while providing an implant that can limit or block flexion and extension of the spine. A physician can position an implant between adjacent spinous processes and can position abinder3330 connected with thebrace3308 around the spinous processes without requiring the physician to measure an appropriate length of thebinder3330 prior to implantation. Thecapture device3320 allows thebinder3330 to be secured to thebrace3308 anywhere along a portion of thebinder3330, the portion being between adistal end3334 of thebinder3330 and theproximal end3332. The physician can secure thebinder3330 to thebrace3308 to achieve the desired range of movement (if any) of the spinous processes during flexion.
• Thecapture device3320 andbrace3308 can have alternative designs to that shown inFIG. 34A. A side view of animplant3400 in accordance with an alternative embodiment of the present invention is shown inFIG. 34B, theimplant3400 including acapture device3420 comprising acam3421 positioned within aring3426 having one ormore lobes3423 corresponding with one ormore recesses3413 in awall3414 of thebrace3408. Thebinder3330 is positioned between thecapture device3420 and thebrace3408. Once thebinder3330 is positioned as desired, thefastener3422 andcam3421 can be rotated using an appropriate tool, with thecam3421 forcing thelobes3423 of thering3426 to mate with therecesses3413 of thebrace3408, preventing thering3426 from shifting in position and defining asecure end3336 of thebinder3330. Rotating thefastener3422 rotates and optionally tightens down thecam3421. Such acapture device3420 can provide a physician a visual indication that thebinder3330 is properly secured to thebrace3408, as well as preventing slippage.
• Referring toFIGS. 34C and 34D, in still other embodiments, the implant can include a capture device comprising a spring-loaded mechanism.FIG. 34C illustrates animplant3500 including acapture device3520 comprising a single spring-loadedcam3521 pivotally connected with theflange3310 and biased to rotate in one direction. The distance between the pivot point of the cam3510 and thewall3314 is sufficiently narrow that the rotation of thecam3521 in the direction of bias is blocked (or nearly blocked) by thewall3314. The eccentricity of thecam3521 is large enough that a maximum gap between thewall3314 and thecam3521 is sufficiently wide as to allow thebinder3330 to be threaded between thecam3521 and thewall3314. A physician can position thebinder3330 between thecam3521 and the wall3514 by overcoming the spring-force of the spring-loadedcam3521. Once thebinder3330 is position as desired, the physician need only allow the bias force of the spring-loadedcam3520 to force thecam3521 against thewall3314, so that thecam3521 pinches and secures thebinder3330 between thecam3521 and thewall3314. Optionally, one or both of thecam3521 and thewall3314 can be knurled or otherwise textured to limit or prevent slippage. Further, thewall3314 can optionally include a recess (not shown) to receive thecam3521 so that thebinder3330 is pinched within the recess (similar to the lobe and recess arrangement ofFIG. 34B), thereby further limiting slippage.FIG. 34D illustrates animplant3600 including acapture device3620 comprising dual spring-loadedcams3621, the dual spring-loadedcams3621 being pivotally connected with theflange3310. The dual spring-loadedcams3621 are biased in opposition to one another so that thecams3621 abut one another, similar to cam cleats commonly used for securing rope lines on boats. During surgery, thebinder3330 can be loosely positioned around the adjacent spinous processes and threaded between thecams3621. Tension can be applied to thebinder3330, as desired, by drawing thebinder3330 through thecams3621. The force of thebinder3330 being pulled through thecams3621 can overcome the bias force to allow thebinder3330 to be tightened, while releasing thebinder3330 can define asecure end3336 of thebinder3330 as thecams3621 swivel together. As above, one or both of thecams3621 can be knurled or otherwise textured to limit or prevent slippage.
• Embodiments of implants have been described inFIGS. 34A-34D with some level of specificity; however, implants in accordance with the present invention should not be construed as being limited to such embodiments. Any number of different capture devices can be employed to fix a binder to a brace by defining a secure end of the binder, and such capture devices should not be construed as being limited to capture devices including cams, as described above. The capture device need only be a device that allows a physician to fit a binder having a generic size, or estimated size, around adjacent spinous processes with a desired level of precision in tension.
• FIGS. 35A and 35B are an opposite end views of the implant ofFIG. 34A positioned between adjacent spinous processes extending from vertebrae of the lumbar region. The contours of a space between adjacent spinous processes can vary between patients, and between motion segments. Arotatable spacer3302 can rotate to best accommodate the shape of the space so that theimplant3300 can be positioned as desired along the spinous processes. For example, it can be desirable to position thespacer3302 as close to the vertebral bodies as possible (or as close to the vertebral bodies as practicable) to provide improved support. Once theimplant3300 is positioned as desired, thebinder3330 can be threaded through interspinous ligaments associated with motion segments (i.e., pairs of adjacent vertebrae and associated structures and tissues) above and below the targeted motion segment so that thebinder3330 is arranged around the upper and lowerspinous processes2,4. Thebinder3330 can then be threaded through theslot3312 of thebrace3308 and positioned between thecapture device3320 and thebrace wall3314. A first tool (not shown) can be inserted into the incision formed to insert theimplant3300 between thespinous processes2,4. Though not shown, thespacer3302 can include a notch, similar to anotch3190 of thespacer3102 ofFIG. 32, and thebrace3308 can include recesses, similar torecesses103,104 of thefirst wing3108 ofFIG. 32, that can be engaged by the first tool for grasping and releasing theimplant3300 during insertion. (See U.S. Pat. No. 6,712,819, which is incorporated herein by reference.) Alternatively, some other technique for grasping and releasing theimplant3300 can be employed. Once theimplant3300 is positioned and thebinder3330 is arranged as desired, a second tool (not shown), such as a forked tool having spaced apart tines, can engage thecam3321 of thecapture device3320 to rotate thecam3321, thereby securing thebinder3330 to thebrace3308. A hex wrench can tighten down thefastener3322 if desired. Alternatively, a single tool can be employed to perform both the function of insertion of theimplant3300 and rotation of thecam3321, as depicted in the above referenced patent. Optionally, thebinder3330 can then be trimmed so that thedistal end3334 of thebinder3330 does not extend undesirably away from thebrace3308.
• As can be seen, thespacer3302 is rotated relative to thedistraction guide3306 and thebrace3308. Because thespacer3302 can rotate relative to thedistraction guide3306 and thebrace3308, thebrace3308 can be positioned so that thebinder3330 can be arranged around the upper and lowerspinous processes2,4 without twisting thebinder3330. Thebinder3330 is positioned around the lowerspinous process4, threaded or positioned at least partially within aslot3309 of thedistraction guide3306, and positioned around the upperspinous process2 so that thebinder3330 can be secured to thebrace3308, as described above.
• Implants in accordance with the present invention can enable a physician to limit or block flexion and extension in a targeted motion segment while minifying invasiveness of an implantation procedure (relative to implantation procedures of the prior art). However, such implants can also be used where more extensive implantation procedures are desired. For example, as shown inFIG. 35C, it can be desired that the adjacentspinous processes2,4 be surgically modified to receive thebinder3330, thereby insuring that thebinder3330 does not shift or slide relative to thespinous processes2,4. Thebinder3330 is threaded directly through the respectivespinous processes2,4 rather than through the interspinous ligaments of adjacent motion segments. The amount of bone removed from thespinous processes2,4 can be reduced where a cord or tether is used as abinder3330 rather than a strap. While such applications fall within the contemplated scope of implants and methods of implantation of the present invention, such application may not realize the full benefit that can be achieved using such implants due to the modification of the bone.
• Still another embodiment of animplant3700 in accordance with the present invention is shown in the end view ofFIG. 36. In such an embodiment thebinder3430 can comprise afirst portion3431 formed as a strap for arrangement around one of the upper and lowerspinous processes2,4, and that tapers to asecond portion3433 formed as a cord. Thedistraction guide3406 can include abore3409 or other cavity for receiving thesecond portion3433. As can be seen inFIG. 37A, once thebinder3430 is threaded through thedistraction guide3406, apad3436 of biocompatible material can be associated with thebinder3430, for example by slidably threading thebinder3430 through a portion of thepad3436, and thepad3436 can be arranged between thebinder3430 and the respectivespinous process2 so that a load applied by thebinder3430 is distributed across a portion of the surface of thespinous process2. Referring toFIG. 37B, once thebinder3430 is arranged as desired relative to the adjacentspinous processes2,4, thebinder3330 can be secured by thebrace3708. Thebrace3708 as shown is still another embodiment of a brace for use with implants of the present invention, in such an embodiment, thebrace3708 includes acapture device3720 comprising a clip including a spring-loadedbutton3721 having a first hole therethrough and ashell3723 in which thebutton3721 is disposed, theshell3723 having a second hole. A physician depresses thebutton3721 so that the first and second holes align. Thebinder3430 can then be threaded through the holes, and thebutton3721 can be released so that the spring forces the holes to misalign, pinching thebinder3430 and defining a secure end of thebinder3430.
• FIG. 37C is an end view of a still further embodiment of animplant3800 in accordance with the present invention, in such an embodiment thebinder3530 can comprise a cord. Anupper pad3536 and a lower pad3538 can be slidably associated with thebinder3530 and arranged so that a load applied by thebinder3530 is distributed across a portion of the upper and lowerspinous processes2,4. As can be seen, such an embodiment can include abrace3808 having a substantially different shape than braces previously described. It should be noted that thebrace3808 ofFIG. 37C is shown, in part, to impress upon one of ordinary skill in the art that a brace and capture device for use with implants of the present invention can include myriad different shapes, mechanisms and arrangements, and that the present invention is meant to include all such variations. As shown, the footprint of thebrace3808 is reduced by shaping thewall3814 of thebrace3808 to taper at an upper end to form aguide3812 for aligning thebinder3530 and to taper at a lower end to aneyelet3841 for capturing aproximal end3532 of thebinder3530. Thebrace3808 includes a height fromeyelet3841 to guide3812 such that movement of theimplant3800 in the direction of insertion is blocked or limited by thebrace3808.
• Use of a binder to limit or prevent flexion can provide an additional benefit of limiting movement along the longitudinal axis L (shown inFIG. 34A). However, implants in accordance with the present invention can optionally further include a second wing for limiting or blocking movement in the direction opposite insertion. Inclusion of such a structure can ensure that the implant remains in position, for example where the binder slips out of a slot of the distraction guide, or where the binder becomes unsecured.
• Referring toFIG. 38A, an implant in accordance with an embodiment can include asecond wing3450 connected with thedistraction guide3406 of the implant3900 by afastener3454. Thesecond wing3450 is similar to thesecond wing3150 described above in reference toFIG. 32. Thesecond wing3450 can include analignment tab3458 allowing a position of thesecond wing3450 to be adjusted along a longitudinal axis L of the implant3900, and a fastener3454 (for example a hex headed bolt) for affixing thesecond wing3450 to the implant3900 in the position along the longitudinal axis L desired. Thedistraction guide3406 can include an alignment groove (not shown) corresponding to thealignment tab3458. Thealignment tab3458 fits within, and is movable along, the alignment groove so that acontact surface3455 of thesecond wing3450 can be arranged as desired. As shown, thesecond wing3450 includes a substantially planar contact surface arranged so that thecontact surface3455 of thesecond wing3450 is perpendicular to the longitudinal axis L. However, in other embodiments, thecontact surface3455 need not be planar, and can be shaped and oriented to roughly correspond with a contact surface of the upper and lower spinous processes. Likewise, acontact surface3315 of thebinder3308 can be shaped and oriented to roughly correspond with a contact surface of the upper and lower spinous processes. As shown, theupper portion3453 and thelower portion3452 of thesecond wing3450 do not extend from thedistraction guide3406 as substantially as theupper portion3153 andlower portion3152 of thesecond wing3150 ofFIG. 32. As such, thesecond wing3450 includes a height H along the spine smaller than that of thesecond wing3150 ofFIG. 32. It has been observed that benefits can be gained by including awing3450, though thewing3450 does not extend from thedistraction guide3406 as significantly as shown inFIG. 32 (i.e., thewing3450 includes “nubs” extending above and/or below the height of the spacer3302).Such wings3450 will also be referred to herein as winglets. Including asecond wing3450 having an overall height along the spine smaller than that ofFIG. 32 can limit movement along the longitudinal axis without interfering with (or being interfered by) the arrangement of thebinder3330.
• In other embodiments, implants in accordance with the present invention can include a second wing (or an upper portion and/or lower portion) extendable from the distraction guide. In this way an implant and a device for limiting or blocking movement along a longitudinal axis of the implant can be included in a single piece, possibly simplifying implantation. Referring toFIGS. 38B and 38C,implants1500 in accordance with the present invention can include adistraction guide3506 having a selectably extendableupper portion3553 andlower portion3552 disposed within a cavity of thedistraction guide3506. The upper andlower portions3553,3552 can be extended by actuating a nut, knob or other mechanism operably associated with agear3556 so that thegear3556 rotates. The teeth of thegear3556 engage teeth of the upper andlower portions3553,3552, causing the upper andlower portions3553,3552 to extend sufficiently that the upper andlower portions3553,3552 form winglets for preventing motion of theimplant1500 in a direction opposite insertion (shown inFIG. 38C). Rotating thegear3556 in an opposite direction can retract the upper andlower portions3553,3552.
• In an alternative embodiment,implants1600 in accordance with the present invention can include spring-loaded upper and/orlower portions3653,3652 such as shown inFIGS. 38D and 38E. In such an embodiment the upper andlower portions3653,3652 can be fin-shaped, having sloping forward surfaces3655,3654 and being spring-biased to an extended position, as shown inFIG. 38D. As theimplant1600 is positioned between adjacent spinous processes, the spinous processes and/or related tissues can contact theforward surface3655,3654 of the upper andlower portions3653,3652, causing the upper andlower portions3653,3652 to pivot aboutrespective hinge points3657,3656 and collapse into cavities disposed within thedistraction guide3606, as shown inFIG. 38E. Once theimplant1600 clears the obstruction, the upper andlower portions3653,3652 re-extend out of thedistraction guide3650. A slot andpin mechanism3660,3661 or other mechanism can lock the upper andlower portion3653,3652 in place once extended, disallowing over-extension of the upper andlower portion3653,3652 in the direction of bias. The extended upper andlower portions3653,3652 limit or block movement of theimplant1600 in an a direction opposite insertion.
• In still further embodiments, implants in accordance with the present invention can optionally employ some other additional mechanism for limiting or blocking motion along the longitudinal axis of the implant. Mechanisms shown and described inFIGS. 38A-38E are merely provided as examples of possible mechanisms for use with such implants, and are not intended to be limiting.
• FIG. 39 is a top-down view of still another embodiment of an implant in accordance with the present invention including abrace3708 arranged at an angle along the spinous process relative to the longitudinal axis L of theimplant1700. Thebrace3708 is arranged at such an angle to roughly correspond to a general shape of the adjacent spinous processes. Such a general shape can commonly be found in spinous processes extending from vertebrae of the cervical and thoracic region, for example. Theimplant1700 further includes asecond wing3752 extending fromdistraction guide3706 at an angle roughly corresponding to a general shape of the adjacent spinous processes.Identical implants1700, one above the other, are shown. Thelower implant1700 includes abinder3330 arranged around the adjacent spinous processes (only the upper spinous process is shown) and positioned in aslot3309 of thedistraction guide3706. Thebinder3330 includes acapture device3320 for securing thebinder3330 to thebrace3708, and a channel formed byguides3712 on thebrace3708 for aligning thebinder3330 with thecapture device3320. Unlike previously illustrated embodiments, the brace wall includes arecess3717 to accommodate rotation of therotatable spacer3302. Alternatively, the implants can include fixed spacers, for example integrally formed with thebrace3708 and thedistraction guide3706.
• FIGS. 40A and 40B are perspective views, andFIG. 40C is a side view of a still further embodiment of an implant in accordance with the present invention. Theimplant2600 includes a distraction guide806, arotatable spacer3302, and abrace3908. As above, abinder3330 can be fixedly connected with thebrace3908 at aproximal end3332 of thebinder3330. Once positioned around adjacent spinous processes, tension of thebinder3330 can be set when thebinder3330 is secured to thebrace3908 so that relative movement of the adjacent spinous processes during flexion is limited or prevented, as desired.
• As can be seen inFIG. 40A, the brace33908 can include a first end having aneyelet3941 through which theproximal end3332 of thebinder3330 can be threaded and subsequently sutured, knotted or otherwise bound, or alternatively looped through theeyelet3941 and secured to itself (e.g., using a clasp) so that theproximal end3332 of thebinder3330 cannot be drawn through theeyelet3941. One of ordinary skill in the art can appreciate the myriad different ways in which theproximal end3332 of thebinder3330 can be associated with thebrace3908 so that tension can be applied to thebinder3330. As in previous embodiments, a free end of thebinder3330 can be secured to thebrace3908 by acapture device3820 associated with thebrace3908. Thecapture device3820 ofFIGS. 40A-42 is arranged at a second end of thebrace3908 opposite theeyelet3941, rather than approximately centered along thebrace wall3914. Thebrace3908 can optionally include alocking pin hole3915 that can be engaged by a locking pin of an insertion instrument (not shown), for example as described in U.S. Pat. No. 6,712,819 to Zucherman, et al., incorporated herein by reference. Further, similar to implants described in Zucherman '819, thebrace wall3914 can optionally include one or more holes3916 (shown inFIG. 42) adapted to receive alignment pins of such an insertion instrument, and thespacer3402 can include a spacer engagement hole3403 adapted to receive a spacer engagement pin of such an insertion instrument. When a spacer engagement pin engages the spacer engagement hole3403, rotation of thespacer3402 can be limited or blocked. Once the spacer engagement pin is released from the spacer engagement hole3403, thespacer3402 can rotate and/or swivel about acentral body3917 without impedance from the spacer engagement pin. Such an arrangement can provide a physician additional control over the positioning of theimplant2600, although in other embodiments thespacer3402 need not include an engagement hole3403. Arranging the captureddevice3820 at a second end of thebrace3908 can allow an insertion instrument, having a configuration as described in Zucherman '819 or having some other configuration, to releasably engage theimplant2600 to assist in implantation without interference from thecapture device3820.
• Thedistraction guide3806 of theimplant2600 can be wedge-shaped, as described above, or approximately conical, as shown inFIGS. 40A-40C, and can include aslot3809 disposed through thedistraction guide3806 and adapted to receive thebinder3330 during implantation. Also as described above, therotatable spacer3402 can be elliptical in cross-section, or otherwise shaped, and can rotate relative to thedistraction guide3806 to roughly conform with a contour of a space between the targeted adjacent spinous processes.
• Thecapture device3820 is shown in cross-section inFIGS. 41A and 41B. Thecapture device3820 can comprise, for example, two pieces slidably associated with one another by an adjustable fastener3822 (as shown, the adjustable fastener is a hex screw). A fixedpiece3821 of the capture device can extend from thebrace wall3914. The fixedpiece3821 can include abeveled surface3823 that can function as a ramp. Aslidable piece3827 of the capture device can be slidably associated with the fixedpiece3821, and can likewise included abeveled surface3829 positioned in opposition to thebeveled surface3823 of the fixedpiece3821. As shown, theslidable piece3827 is associated with the fixedpiece3821 via anadjustable fastener3822. Thefastener3822 can be positioned within slots3890,3892 of the fixedpiece3821 and theslidable piece3827 and can include a threadedshaft3880, a head3882, and anut3884. The head3882 of thefastener3822 can engage ananterior surface3894 of the fixedpiece3821 and thenut3884 can be threaded onto the threadedshaft3880 so that thenut3884 can engage aposterior surface3896 of theslidable piece3827. Theslidable piece3827 is free to slide along thebeveled surface3823 of the fixedpiece3821 until both thenut3884 engages theposterior surface3896 and the head3882 engages theanterior surface3894, blocking further movement in one direction. The distance between theanterior surface3894 and theposterior surface3896 increases or decreases as theslidable piece3827 slides along thebeveled surface3823 and a distance between acapture surface3898 of theslidable piece3827 and thebrace wall3914 likewise increases or decreases. The maximum distance theslidable piece3827 can travel can be defined by the distance between thenut3884 and the head3882. A physician can adjust the maximum distance by rotating thenut3884 so that thenut3884 travels closer to, or farther from the head3882 along the threadedshaft3880, possibly urging thecapture surface3898 toward thebrace wall3914. Thus, when theimplant2600 is positioned between spinous processes, the physician can set the maximum distance so that the free end of thebinder3330 can be threaded between thecapture surface3898 and thebrace wall3914. As shown inFIG. 41B, the physician can then adjust thefastener3822 so that theposterior surface3896 and theanterior surface3894 are urged together, the maximum distance decreases and the distance between thecapture surface3898 and thebrace wall3914 decreases, thereby pinching thebinder3330 between thecapture surface3898 and thebrace wall3914 and defining a secure end of thebinder3330. In some embodiments, one or both of thecapture surface3898 and thebrace wall3914 can include texture so that thebinder3330 is further prevented from sliding when thebinder3330 is placed under increasing tension (e.g., during flexion).
• Theslidable piece3827 can optionally further include aguide3912 extending from theslidable piece3827 so that theguide3912 overlaps a portion of thebrace3908. Theguide3912 can extend, for example, a distance roughly similar to the maximum distance between thecapture surface3898 and thebrace wall3914, and can help ensure that thebinder3330 is captured between thecapture surface3898 and thebrace wall3914. In other embodiments, thecapture device3820 ofFIGS. 40A-41B can include some other shape or configuration and still fall within the contemplated scope of the invention. For example, the fastener need not include a nut. In one embodiment, shown inFIGS. 41C and 41D, thefastener3922 can include a threadedshaft3980 associated with asleeve3984. As one of the threadedshaft3980 and thesleeve3984 is rotated, the distance between ahead3982 of the threadedshaft3980 and thehead3985 of thesleeve3984 can decrease or increase. In still other embodiments, the fastener need not include a threaded shaft, but rather can include a smooth shaft having a retaining clip frictionally associated with the smooth shaft. One of ordinary skill in the art will appreciate the myriad different devices that can be employed to selectively close a gap between acapture surface3898 and thebrace wall3914.
• FIG. 42 is an end view of theimplant2600 ofFIGS. 40A-41D positioned between adjacent spinous processes. As shown, thebinder3530 is a cord, but in other embodiments can have some other geometry. As described above in reference to previous embodiments, where a cord, a tether, or the like is used as a binder, apad3536 can be arranged along a contact surface of the respective spinous process so that a load applied to the contact surface by the tension in thebinder3530 can be distributed across a portion of the contact surface wider than thebinder3530, thereby reducing stress on the portion. Thecapture device3820 is arranged so that theslidable piece3827 is posteriorly located relative to the fixedpiece3821. Afastener3822 can be accessed by the physician using a substantially posterior approach.
• A method of surgically implanting animplant2600 in accordance with an embodiment as described above inFIGS. 40A-42 of the present invention is shown as a block diagram inFIG. 43. The method can include forming an incision at the target motion segment, and enlarging the incision to access the target motion segment (Step2700). The interspinous ligament between targeted adjacent spinous processes can then be distracted by piercing or displacing the interspinous ligament with the distraction guide3106 (Step2702) and urging theimplant2600 between the adjacent spinous processes (Step2704). As the interspinous ligament is displaced, thespacer3302 can be positioned between the spinous processes such that thespacer3302 can rotate to assume a preferred position between the spinous processes (Step2706).
• Once theimplant2600 is positioned, thebinder3330 can be threaded between interspinous ligaments of adjacent motion segments so that the targeted adjacent spinous processes are disposed within a loop formed by the binder3330 (Step2708). The physician can then thread thebinder3330 between thecapture surface3898 of thecapture device3820 and the brace wall3914 (Step2710). Once a desired tension of thebinder3330 is applied (Step2712), the physician can adjust thefastener3822 of thecapture device3820 so that thebinder3330 is secured between the capturedsurface3898 and the brace wall3914 (Step2714). The incision can subsequently be closed (Step2716).
• FIGS. 44A and 44B are perspective views of still another embodiment of animplant5400 in accordance with the present invention. In such an embodiment, theimplant5400 can include amain body3101 similar to themain body3101 described above in reference toFIG. 32. As above, the main body3101 (also referred to herein as a first unit) includes aspacer3102, afirst wing3108, adistraction guide3106 and analignment track3103. Themain body3101 is inserted between adjacent spinous processes. Preferably, themain body3101 remains (where desired) in place without attachment to the bone or ligaments.
• Thealignment track3103 includes a threaded hole for receiving a fastener. Thealignment track3103 need not include a threaded hole, but rather alternatively can include some other mechanism for fixedly connecting an additional piece (such as a second wing for limiting or blocking movement of an implant along the longitudinal axis). For example, in an alternative embodiment, the alignment track5403 can include a flange so that thesecond wing5450 can be slidably received, as shown inFIG. 46.
• As further shown inFIGS. 44A and 44B, theimplant5400 includes asecond wing5450 removably connectable with theimplant5400. Thesecond wing5450 includes analignment tab5458 adapted to be received in thealignment track3103 of themain body3101, thealignment tab5458 optionally including a slot for receiving the fastener so that thealignment tab5458 is disposed between the fastener and thealignment track3103. In alternative embodiments, thealignment tab5458 need not include a slot but rather can include some other mechanism for mating with themain body3101. Thesecond wing5450 can include a first end having a slot (or eyelet)5441 through which the proximal end (also referred to herein as an anchored end)3332 of abinder3330 can be threaded and subsequently sutured, knotted or otherwise bound, or alternatively looped through theslot5441 and secured to itself (e.g., using a clasp) so that theproximal end3332 of thebinder3330 cannot be withdrawn through theslot5441. One of ordinary skill in the art can appreciate the myriad different ways in which theproximal end3332 of thebinder3330 can be associated with thesecond wing5450 so that tension can be applied to thebinder3330. Thebinder3330 can be disposed around adjacent spinous processes and a portion of the length of the binder3330 (the length of the binder being that portion of the binder extending from the proximal end of the binder) can be secured to thesecond wing5450 by acapture device5420 associated with thesecond wing5450.
• Thecapture device3820 ofFIGS. 44A and 44B is arranged at a second end of thesecond wing5450 opposite theslot5441. Thecapture device5420 can be substantially similar to capturedevices5420 as described above in reference toFIGS. 41A and 41B, and can comprise, for example, two pieces slidably associated with one another by an adjustable fastener. As above, a fixedpiece5421 of the capture device can extend from thesecond wing5450. The fixedpiece5421 can include a beveled surface that can function as a ramp. Aslidable piece5427 of the capture device can be slidably associated with the fixed piece5421 (for example, via the adjustable fastener) and can likewise included a beveled surface positioned in opposition to the beveled surface of the fixedpiece5421. As theslidable piece5427 slides along the beveled surface of the fixedpiece5421, a distance between acapture surface5498 of theslidable piece5427 and thesecond wing5450 increases or decreases. As above, theslidable piece5427 can optionally further include aguide5412 extending from theslidable piece5427 so that theguide5412 overlaps a portion of thesecond wing5450. Theguide5412 can extend, for example, a distance roughly similar to the maximum distance between thecapture surface5498 and thesecond wing5450, and can help ensure that thebinder3330 is arranged between thecapture surface5498 and thesecond wing5450. A physician can position thebinder3330 so that thebinder3330 is disposed between adjacent spinous processes, threading thebinder3330 between theslidable piece5427 and thesecond wing5450. The physician can then adjust thefastener5422 so that the distance between thecapture surface5498 and thesecond wing5450 decreases, thereby pinching thebinder3330 between thecapture surface5498 and thesecond wing5450 and defining a secure end of thebinder3330. In some embodiments, one or both of thecapture surface5498 and thesecond wing5450 can include texture so that thebinder3330 is further prevented from sliding when thebinder3330 is placed under increasing tension (e.g., during flexion).
• Theimplant5400 can further include abinder aligner5470 selectably connectable with thefirst wing3108 of themain body3101. Thebinder aligner5470 can be connected with thefirst wing3108 by fastening thebinder aligner5470 to thelocking pin hole3104 of thefirst wing3108. In such embodiments where afastener5455 is used to connect thebinder aligner5470 with thefirst wing3108 through ahole5471 in thebinder aligner5470, it is desirable that the lockingpin hole3104 be threaded, or otherwise adapted to receive thefastener5455. The lockingpin hole3104 can thus be adapted to function as a hole to slidably (and temporarily) receive a locking pin of an insertion tool (not shown), thereby facilitating insertion and positioning of themain body3101, and can also be adapted to function to fixedly receive afastener5455 for positioning thebinder aligner5470. Thebinder aligner5470 can optionally includepins5474 corresponding to thealignment holes3192 of themain body3101 to further secure thebinder aligner5470 to themain body3101 and limit undesired movement of thebinder aligner5470 relative to themain body3101.
• Thebinder aligner5470 includes aguide5472 extending from thebinder aligner5470 to limit or block shifting of thebinder3330 in a posterior-anterior direction. Theguide5472 can include a loop, as shown inFIG. 44A, or alternatively some other structure, closed or unclosed, for limiting or blocking shifting of thebinder3330. Such a structure can prevent undesired relative movement between thebinder3330 and themain body3101, and can additionally ease arrangement of thebinder3330 during an implantation procedure, by helping to aid proper positioning of thebinder3330.
• In other embodiments, the capture device ofFIGS. 44A and 44B can include some other shape, configuration, and mechanism and still fall within the contemplated scope of the invention. For example, referring toFIG. 45, in other embodiments, aflange5514 can extend from thesecond wing5550, from which arotatable cam5521 extends so that thebinder3330 can be captured between thesecond wing5550 and thecam5521. Such a capture device can resemblecapture devices5520 as described above inFIGS. 34C and 34B. Referring toFIG. 46, in still other embodiments, a spring-loadedcam5621 extends from theflange5514 so that thebinder3330 can be captured between thesecond wing5514 and the spring-loadedcam5621. Such a capture device can resemblecapture devices5520 as described above inFIGS. 34C and 34D. In still further embodiments in accordance with the present invention, some other mechanism can be employed as a capture device associated with thesecond wing5550 for securing the length of thebinder3330, for example as otherwise described in herein, and other obvious variations. One of ordinary skill in the art will appreciate the myriad different mechanisms for securing thebinder3330 to thesecond wing5450. A system in accordance with the present invention can comprise asecond wing5450 including acapture device5420 as described above and optionally abinder aligner5470. The system can be used with amain body3101 in substitution for asecond wing3150 as described above inFIG. 32. Alternatively, the system can optionally be used to modify amain body3101 previously implanted in a patient, for example by removing an existingsecond wing3150 and replacing thesecond wing3150 with the system, to additionally limit flexion as well as extension. Such a system can provide flexibility to a physician by allowing the physician to configure or reconfigure an implant according to the needs of a patient. Further, such a system can reduce costs by reducing the variety of components that need be manufactured to accommodate different procedures and different treatment goals. A method of surgically implanting animplant5400 in accordance with an embodiment as described above inFIGS. 44A-46 of the present invention is shown as a block diagram inFIG. 47. The method can include forming an incision at the target motion segment, and enlarging the incision to access the target motion segment (Step2700). The interspinous ligament between targeted adjacent spinous processes can then be distracted by piercing or displacing the interspinous ligament with the distraction guide106 (Step2702) and urging theimplant5400 between the adjacent spinous processes (Step2704). As the interspinous ligament is displaced, thespacer3102 can be positioned between the spinous processes such that thespacer3102 can rotate to assume a preferred position between the spinous processes (Step2706).
• Once theimplant5400 is positioned, thesecond wing5450 can be fixedly connected with the distraction guide3106 (Step2708). Abinder3330 associated with thesecond wing5450 can be threaded between interspinous ligaments of adjacent motion segments so that the targeted adjacent spinous processes are disposed within a loop formed by the binder3330 (Step2710).
• The physician can then thread thebinder3330 between thecapture surface5498 of thecapture device5420 and the second wing5450 (Step2712). Once a desired tension of thebinder3330 is applied (Step2714), the physician can adjust thefastener5422 of thecapture device5420 so that thebinder3330 is secured between the capturedsurface5498 and the second wing5450 (Step2716). The incision can subsequently be closed (Step2718).
• Material for Use in Implants of the Present Invention
• In some embodiments, the implant can be fabricated from medical grade metals such as titanium, stainless steel, cobalt chrome, and alloys thereof, or other suitable implant material having similar high strength and biocompatible properties. Additionally, the implant can be at least partially fabricated from a shape memory metal, for example Nitinol, which is a combination of titanium and nickel. Such materials are typically radiopaque, and appear during x-ray imaging, and other types of imaging. Implants in accordance with the present invention, and/or portions thereof can also be fabricated from somewhat flexible and/or deflectable material, m these embodiments, the implant and/or portions thereof can be fabricated in whole or in part from medical grade biocompatible polymers, copolymers, blends, and composites of polymers. A copolymer is a polymer derived from more than one species of monomer. A polymer composite is a heterogeneous combination of two or more materials, wherein the constituents are not miscible, and therefore exhibit an interface between one another. A polymer blend is a macroscopically homogeneous mixture of two or more different species of polymer. Many polymers, copolymers, blends, and composites of polymers are radiolucent and do not appear during x-ray or other types of imaging. Implants comprising such materials can provide a physician with a less obstructed view of the spine under imaging, than with an implant comprising radiopaque materials entirely. However, the implant need not comprise any radiolucent materials.
• One group of biocompatible polymers is the polyaryletherketone group which has several members including polyetheretherketone (PEEK), and polyetherketoneketone (PEKK).
• PEEK is proven as a durable material for implants, and meets the criterion of biocompatibility. Medical grade PEEK is available from Victrex Corporation of Lancashire, Great Britain under the product name PEEK-OPTIMA. Medical grade PEKK is available from Oxford Performance Materials under the name OXPEKK, and also from CoorsTek under the name BioPEKK. These medical grade materials are also available as reinforced polymer resins, such reinforced resins displaying even greater material strength, hi an embodiment, the implant can be fabricated from PEEK 450G, which is an unfilled PEEK approved for medical implantation available from Victrex. Other sources of this material include Gharda located in Panoli, India. PEEK 450G has the following approximate properties:

  	Property	Value

  	Density	1.3	g/cc
  	Rockwell M	99
  	Rockwell R	126
  	Tensile Strength	97	MPa
  	Modulus of Elasticity	3.5	GPa
  	Flexural Modulus	4.1	GPa

• PEEK 450G has appropriate physical and mechanical properties and is suitable for carrying and spreading a physical load between the adjacent spinous processes. The implant and/or portions thereof can be formed by extrusion, injection, compression molding and/or machining techniques.
• It should be noted that the material selected can also be filled. Fillers can be added to a polymer, copolymer, polymer blend, or polymer composite to reinforce a polymeric material. Fillers are added to modify properties such as mechanical, optical, and thermal properties. For example, carbon fibers can be added to reinforce polymers mechanically to enhance strength for certain uses, such as for load bearing devices. In some embodiments, other grades of PEEK are available and contemplated for use in implants in accordance with the present invention, such as 30% glass-filled or 30% carbon-filled grades, provided such materials are cleared for use in implantable devices by the FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to unfilled PEEK. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to have enhanced compressive strength and stiffness, and a lower expansion rate relative to unfilled PEEK. Carbon-filled PEEK also offers wear resistance and load carrying capability.
• As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention. As mentioned, the implant can be comprised of polyetherketoneketone (PEKK). Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), polyetheretherketoneketone (PEEKK), and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics. Reference to appropriate polymers that can be used in the implant can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/02158 A1, dated Jan. 10, 2002, entitled “Bio-Compatible Polymeric Materials;” PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials;” and, PCT Publication WO 02/00270 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials.” Other materials such as Bionate®, polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.
• As described above, the binder can be made from a biocompatible material. In an embodiment, the binder can be made from a braided polyester suture material. Braided polyester suture materials include, for example, Ethibond, Ethiflex, Mersilene, and Dacron, and are nonabsorbable, having high tensile strength, low tissue reactivity and improved handling. In other embodiments, the binder can be made from stainless steel (i.e., surgical steel), which can be braided into a tether or woven into a strap, for example. In still other embodiments, the binder can be made from some other material (or combination of materials) having similar properties. The foregoing description of the present invention have been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to practitioners skilled in this art. The embodiments were chosen and described in order to best explain the principles of the invention and its practical application, thereby enabling others skilled in the art to understand the invention for various embodiments and with various modifications as are suited to the particular use contemplated. It is intended that the scope of the invention be defined by the following claims and their equivalents.
• Interspinous Implants
• FIG. 48A is a perspective view of an implant as described in U.S. patent application Ser. No. 10/850,267, filed May 20, 2004, incorporated herein by reference. Theimplant4100 comprises afirst wing4130, aspacer4120, and a lead-in tissue expander (also referred to herein as a distraction guide)4110.
• Thedistraction guide4110 in this particular embodiment is wedge-shaped, i.e., the implant has an expanding cross-section from a proximal end of theimplant100 to a region4150 where theguide4110 joins with the spacer4120 (referencing for the figures is based on the point of insertion of the implant between spinous processes). As such, thedistraction guide4110 functions to initiate distraction of the soft tissue and the spinous processes when theimplant4100 is surgically inserted between the spinous processes. It is to be understood that thedistraction guide4110 can be pointed and the like, in order to facilitate insertion of theimplant4100 between the spinous processes of adjacent cervical vertebrae. It is advantageous that the insertion technique disturb as little of the bone and surrounding tissue or ligaments as possible in order to reduce trauma to the site and promote early healing, and prevent destabilization of the normal anatomy. For embodiments such as those ofFIGS. 48A and 48B, there is no requirement to remove any of the bone of the spinous processes and no requirement to sever, or remove from the body, ligaments and tissues immediately associated with the spinous processes. For example, it is unnecessary to sever the supraspinal ligament of the lower vertebrae or the ligamentum nuchae (which corresponds to the supraspinal ligament) which partially cushions the spinous processes of the upper cervical vertebrae.
• As can be seen, thespacer4120 can be teardrop-shaped in cross-section perpendicular to alongitudinal axis4125 of theimplant4100. In this way, the shape of thespacer4120 can roughly conform to a wedge-shaped space, or a portion of the space, between adjacent spinous processes within which theimplant4100 is to be positioned. As shown inFIG. 48A, the spacer4120 (and the first wing4108) is shaped to accommodate the anatomical form or contour of spinous processes (and/or laminae) of preferably the C6 and C7 vertebra for placement between such spinous processes (i.e., the C6-C7 motion segment). The same shape or variations of this shape can be used to accommodate other motion segments, for example in the thoracic or lumbar regions. In other embodiments thespacer4120 can have alternative shapes such as circular, wedge, oval, ovoid, football, and rectangular with rounded corners, and other shapes. The shape of thespacer4120 can be selected for a particular patient so that the physician can position theimplant4100 as close as possible to the anterior portion of the surface of the spinous process. The shape selected for thespacer4120 can affect the contact surface area of theimplant4100 and the spinous processes that are to be subject to distraction. Increasing the contact surface area between theimplant4100 and the spinous processes can distribute a load force between the spinous frame and theimplant4100.
• Thefirst wing4130 is likewise teardrop-shaped in cross-section perpendicular to alongitudinal axis4125 of thespacer4120 anddistraction guide4110. The dimensions of thefirst wing4130 can be larger than that of thespacer4120, particularly along the axis of the spine, and can limit or block lateral displacement of theimplant4100 in the direction of insertion along thelongitudinal axis4125. As with thespacer4120, thefirst wing4130 can have other cross-sectional shapes, such as elliptical, wedge, circular, oval, ovoid, football, and rectangular with rounded corners and other shapes.
• Theimplant4100 ofFIG. 48A further includes an adjustable wing4160 (also referred to herein as a second wing) separate from thedistraction guide4110, thespacer4120 and thefirst wing4130. Thesecond wing4160 is connectable with the distraction guide4110 (and/or the spacer4120) once theimplant4100 is positioned between adjacent spinous processes. Thesecond wing4160, similar to thefirst wing4130, can limit or block lateral displacement of theimplant4100, however displacement is limited or blocked in the direction opposite insertion. When both thefirst wing4130 and thesecond wing4160 are connected with theimplant4100 and theimplant4100 is positioned between adjacent spinous processes, a portion of the spinous processes can be sandwiched between thefirst wing4130 and thesecond wing4160, limiting displacement along thelongitudinal axis4125. As can be seen, thesecond wing4160 can be teardrop-shaped in cross-section. Alip4180 defining aspace4170 through thesecond wing4160 allows thesecond wing4160 to pass over thedistraction guide4110 to meet and connect with thedistraction guide4110 and/or thespacer4120. Thesecond wing4160 is then secured to thedistraction guide4110 and/or thespacer4120. Thesecond wing4160, can be designed to be interference-fit onto thespacer4120 or a portion of thedistraction guide4110 adjacent to thespacer4120. Where thesecond wing4160 is interference-fit, there is no additional attachment device to fasten thesecond wing4160 relative to the remainder of theimplant4100.
• Alternatively, various fasteners can be used to secure thesecond wing4160 relative to the remainder of theimplant4100. For example,FIG. 48A illustrates an embodiment of animplant4100 including a teardrop-shapedsecond wing4160 having atongue4158 at the posterior end of thesecond wing4160. Abore4155 is disposed through thetongue4158, and is aligned with acorresponding bore4156 on thespacer4120 when thesecond wing4160 is brought into position by surgical insertion relative to the rest of theimplant4100. A threadedscrew4154 can be inserted through the aligned bores4155,4156 in a posterior-anterior direction to secure thesecond wing4160 to thespacer4120. The direction of insertion from a posterior to an anterior direction has thescrew4154 engaging thebores4155,4156 and the rest of theimplant4100 along a direction that is generally perpendicular to thelongitudinal axis4125. This orientation is most convenient when the physician is required to use ascrew4154 to secure thesecond wing4160 to the rest of theimplant4100. Thesecond wing4160 can further be secured to thespacer4120 by some other mechanism, for example such as a flexible hinge (not shown) with a protrusion that engages an indentation of one of thedistraction guide4110 and thespacer4120. Alternatively, thesecond wing4160 can be secured to one of thedistraction guide4110 and thespacer4120 by still some other mechanism.
• FIG. 48B is a perspective view of an implant as described in U.S. Pat. No. 6,695,842 to Zucherman, et al, incorporated herein by reference. Theimplant4200 has a main body that includes aspacer4220, afirst wing4230, a lead-in tissue expander4210 (also referred to herein as a distraction guide) and analignment track4203. The main body of theimplant4200 is inserted between adjacent spinous processes and remains in place (where desired) without attachment to the bone or ligaments. Thedistraction guide4210 includes a tip from which thedistraction guide4210 expands, the tip having a diameter sufficiently small such that the tip can pierce an opening in an interspinous ligament and/or can be inserted into a small initial dilated opening. The diameter and/or cross-sectional area of thedistraction guide4210 gradually increases until it is substantially similar to the diameter of thespacer4220. The tapered front end eases the ability of a physician to urge theimplant4200 between adjacent spinous processes. When urging the main body of theimplant4200 between adjacent spinous processes, the front end of thedistraction guide4210 distracts the adjacent spinous processes and dilates the interspinous ligament so that a space between the adjacent spinous processes is approximately the diameter of thespacer4220.
• As shown inFIG. 48B, thespacer4220 is elliptically shaped in cross-section, and can swivel so that thespacer4220 can self-align relative to the uneven surfaces of the spinous processes. Self-alignment can ensure that compressive loads are distributed across the surface of the bone. As contemplated in Zucherman '842, thespacer4220 can have, for example, a diameter of six millimeters, eight millimeters, ten millimeters, twelve millimeters and fourteen millimeters. These diameters refer to the height by which thespacer4220 distracts and maintains apart the spinous process. For an elliptically shaped spacer4220, the selected height (i.e., diameter) is the minor dimension measurement across the ellipse. The major dimension is transverse to the alignment of the spinous process, one above the other.
• Thefirst wing4230 has alower portion4231 and anupper portion4232. Theupper portion4232 is shaped to accommodate the anatomical form or contour of spinous processes (and/or laminae) of preferably the L4 (for an L4-L5 placement) or L5 (for an L5-S1 placement) vertebra. The same shape or variations of this shape can be used to accommodate other motion segments, such as motion segments in the cervical and thoracic regions. Thelower portion4231 can also be rounded to accommodate the spinous processes. Thelower portion4231 andupper portion4232 of thefirst wing4230 act as a stop mechanism when theimplant4200 is inserted between adjacent spinous processes. Theimplant4200 cannot be inserted beyond the surfaces of thefirst wing4230. Additionally, once theimplant4200 is inserted, thefirst wing4230 can prevent some side-to-side, or posterior-to-anterior movement of theimplant4200.
• As with theimplant4100 ofFIG. 48A, theimplant4200 ofFIG. 48B further includes asecond wing4260. Similar to thefirst wing4230, thesecond wing4260 includes alower portion4261 and anupper portion4262 sized and/or shaped to accommodate the anatomical form or contour of the spinous processes and/or lamina. Thesecond wing4260 can be secured to the main body of theimplant4200 with afastener4254. Thesecond wing4260 also has analignment tab4268. When thesecond wing4260 is initially placed on the main body of theimplant4200, thealignment tab4268 engages thealignment track4203. Thealignment tab4268 slides within thealignment track4203 and helps to maintain theadjustable wing4260 substantially parallel with thefirst wing4230. When the main body of theimplant4200 is inserted into the patient and thesecond wing4260 has been attached, displacement along thelongitudinal axis4225 in either the direction of insertion or the direction opposite insertion can be limited or blocked.
• Further, thesecond wing4260 also can prevent some side-to-side, or posterior-to-anterior movement.
• For both theimplant4100 ofFIG. 48A and theimplant4200 ofFIG. 48B, where asecond wing4160,4260 is connected with theimplant4100,4200 after theimplant4100,4200 is positioned between the spinous processes, a procedure for positioning such animplant4100,4200 and subsequently connecting thesecond wing4160,4260 with theimplant4100,4200 can require a bilateral approach wherein a physician must access both sides of the interspinous ligament, a first side to pierce and/or distract the interspinous ligament and position theimplant4100,4200 so that the movement in the direction of insertion is satisfactorily limited by thefirst wing4130,4230, and a second side to attach thesecond wing4160,4260 such that movement in the direction opposite insertion is satisfactorily limited by thesecond wing4160,4260.
• Implants Having Deployable Second Wing
• Referring toFIGS. 49A through 49B,implants4300 and methods for positioning such implants in accordance with the present invention can, in an embodiment, include a deployablesecond wing4360 associated with amain body4301 such that thesecond wing4360 can be deployed with a physician needing only to access a first side of spinous processes to limit or block movement along thelongitudinal axis4325. As shown inFIG. 49A, theimplant4300 includes a main body301 having a fixed spacer4320 and adistraction guide4310. Thedistraction guide4310 comprises a first winglet (also referred to herein as an upper winglet)4312 and a second winglet (also referred to herein as a lower winglet)4314, and when arranged in a first configuration can include a tip from which thedistraction guide4310 expands, the tip having a diameter sufficiently small such that the tip can pierce an opening in an interspinous ligament and between spinous processes and/or can be inserted into a small initial dilated opening. The diameter and/or cross-sectional area of thedistraction guide4310 is then gradually increased until it is substantially similar to the diameter of thespacer4320. In this respect, thedistraction guide4310 ofFIG. 49A can resemble a distraction guide as described above when arranged in the first configuration. Thewinglets4312,4314 can be hinged or otherwise pivotably connected with themain body4301 such that thewinglets4312,4314 can be arranged in a second configuration (FIG. 49B) once theimplant4300 is positioned between spinous processes. In a second configuration one or both of thewinglets4312,4314 abut at least one of the spinous processes and/or related tissues when urged in a direction opposite from insertion, thereby limiting motion along thelongitudinal axis4325. Thus when arranged in a second configuration, thedistraction guide4310 becomes asecond wing4360, as shown inFIG. 49B.
• Theimplant4300 includes aninsert4370 having an insert body4372 and afirst wing4330. As shown inFIG. 49B, theinsert4370 can be mated with themain body4301 to arrange thedistraction guide4310 of theimplant4300 in the second configuration, thereby deploying thesecond wing4360. To facilitate mating of themain body4301 and theinsert4370, thespacer4320 includes a cavity sized and shaped for receiving the insert body4372 and accessible from a distal end of themain body4301. A portion of theupper winglet4312 and thelower winglet4314 can extend at least partially into the cavity so that when the insert body4372 is received within the cavity, the insert body4372 displaces the portions, causing thedistraction guide4310 to be arranged in the second configuration. In the embodiment shown, theupper winglet4312 and thelower winglet4314 each include alever4316,4318 comprising a curved protrusion that protrudes into the cavity when thedistraction guide4310 is in the first configuration. As the insert body4372 of theinsert4370 fills the cavity, the insert body4372 contacts thefirst lever4316 and thesecond lever4318, applying a force to thefirst lever4316 and thesecond lever4318 which translates into a pivoting motion of the hingedupper winglet4312 and the hingedlower winglet4314. The insert body4372 can optionally have a taperedproximal end4374 having afirst groove4376 and asecond groove4378 corresponding to thefirst lever4316 and thesecond lever4318, respectively. The tapered shape of theproximal end4374 allows theupper winglet4312 andlower winglet4314 to be deployed gradually, fully deploying as the insert body4372 is fully seated within the cavity. Themain body4301 is shown including aflange4303 in which is formednotches4305 to receive an insertion tool (not shown), for example. As the insert body4372 is seated within the cavity, anupper tab4332 and alower tab4331 of thefirst wing4330 seats within cut-outs4322 of theflange4303.
• Referring toFIG. 50A, themain body4301 of theimplant4300 is shown positioned between adjacent spinous processes of the targeted motion segment. The motion segment shown is within the lumbar region, but in other embodiments, particularly where a fixedspacer4320 is used,implants4300 in accordance with the present convention can be positioned at motion segments of the thoracic and cervical region. Themain body4301 is positioned as shown by initially approaching the interspinous ligament between the upper and lower adjacentspinous processes2,4 through an opening to the right of the interspinous ligament, roughly posterior to the right inferiorarticular facet6 of the vertebrae from which the upperspinous process2 extends. Themain body4301 can be associated with one or more insertion tools (not shown), and thedistraction guide4310 can be arranged in the first configuration. The tip of thedistraction guide4310 is positioned roughly adjacent to a point along the interspinous ligament, and thedistraction guide4310 is then urged through the interspinous ligament, piercing the interspinous ligament and/or separating and distracting fibers of the interspinous ligaments. Themain body4301 is then urged through the interspinous ligament until thespacer4320 is positioned between the adjacentspinous processes2,4 so that thespacer4320 supports a load applied by thespinous processes2,4.
• Referring toFIG. 50B, once theimplant4300 is positioned as desired, the insertion tools can be removed from the opening and theinsert4370 can be positioned at the distal end of themain body4301. The insert body4372 can be urged into the cavity within themain body4301 until theproximal end4374 of the insert body4372 contacts thefirst lever4316 and thesecond lever4318. Theinsert4370 can then be further urged along thelongitudinal axis4325 so that the insert body4372 urges thefirst lever4316 and thesecond lever4318 away from the insert body4372, causing theupper winglet4312 and thelower winglet4314 to pivot about thefirst hinge4313 and thesecond hinge4315, respectively. As thefirst lever4316 and thesecond lever4318 are displaced from the cavity, thefirst lever4316 and thesecond lever4318 are guided along correspondinggrooves4376,4378 of the taperedproximal end4374. As the insert body4372 seats within the cavity of themain body4301, theupper winglet4312 and thelower winglet4314 deploy as asecond wing4360. The insertion tool can be removed from the incision once the insert body4372 is seated within themain body4301. As can be seen a portion of the upper spinous process and a portion of the lower spinous process are sandwiched between the first wing330 and thesecond wing4360, limiting motion along thelongitudinal axis4325. Implants and methods for positioning such implants between spinous processes in accordance with the present invention are not meant to be limited to embodiments as described above and otherwise herein, but rather are meant to include any implant having a second wing deployable by urging an insert within a main body positioned between adjacent spinous processes. Myriad different variations maybe readily apparent to one of ordinary skill in the art. For example, in an alternative embodiment, themain body4301 of theimplant4300 ofFIGS. 49A through 50B can include alower winglet4314 pivotably associated with themain body4301 while anupper winglet4312 is fixedly associated with themain body4301. Aninsert4370 can be adapted to deploy only thelower winglet4314 when seated within the cavity of themain body4301.
• In other embodiments, afirst wing4310 can extend from themain body4301 rather than, or in addition to, a first wing extending from theinsert4370. When themain body4301 is initially positioned between the adjacent spinous processes, movement of themain body4301 along thelongitudinal axis4325 can be limited in the direction of insertion. As thefirst wing4310 extending from themain body4301 contacts one or both of the adjacent spinous processes, further movement of themain body4301 in the direction of insertion can be limited or blocked. Thefirst wing4310 can thus act as a hard stop, allowing themain body4301 to be positioned without requiring a position of themain body4301 along the spinous processes to be estimated, thereby easing implantation.
• Referring toFIG. 51, in stillfurther embodiments implants4400 in accordance with the present invention can include one or both of a first engagement element (also referred to herein as an upper hook)4480 and a second engagement element (also referred to herein as a lower hook)4482 for limiting flexion motion in a motion segment. For example, similar hooks have been described in greater detail in U.S. Pat. No. 6,451,019 issued Sep. 17, 2002 to Zucherman et al. and U.S. Pat. No. 6,652,527 issued Nov. 25, 2003 to Zucherman et al., both incorporated herein by reference. Implants in accordance with the present invention can include such arrangements. Theimplant4400 shown inFIGS. 51 and 52 includes anupper hook4480 extending from anupper connection rod4484 rotatably associated with themain body4401 and alower hook4482 extending from alower connection rod4486 rotatably associated with themain body4401. Alternatively, theconnection rods4484,4486 can be fixedly associated with themain body4401.
• Thehooks4480,4482 include tapered proximal ends4481,4483 that act as lead-in tissue expanders to distract interspinous ligaments of the motion segments above and below the targeted motion segment. As themain body4401 is positioned between adjacent spinous processes, the tapered proximal ends4481,4483 of the upper andlower hooks4480,4482 can likewise pierce and/or distract interspinous ligaments so that the upper andlower hooks4480,4482 can be properly positioned to limit or restrain flexion motion of the targeted motion segment when themain body4401 is in place. As shown, thehooks4480,4482 can be pivotably associated with theconnection rods4484,4486 so that thehooks4480,4482 can be rotated relative to theconnection rods4484,4486, thereby allowing a physician to improve contact and spread loads between thehooks4480,4482 and correspondingspinous processes2,4. The rotatableupper connection rod4484 andlower connection rod4486 can provide flexibility in placement, so that where an anatomy varies between patients and varies between motion segments such that the arrangement of a minor dimension and major dimension of the implant44400 about thelongitudinal axis4425 varies, theimplant4400 can be accommodated.
• FIG. 52 is a posterior view of theimplant4400 positioned between adjacentspinous processes2,4 and having anupper hook4480 and alower hook4482 arranged so that both flexion and extension is limited as desired. Further, thesecond wing4460 is deployed to limit movement of theimplant4400 along thelongitudinal axis4425. Theupper hook4480 and thelower hook4482 prevent movement along thelongitudinal axis4425 in the direction opposite insertion, making a first wing unnecessary.
• Referring toFIGS. 53A and 53B, in stillother embodiments implants4500 and methods for positioningsuch implants4500 between spinous processes in accordance with the present invention can include adistraction guide4510 wherein portions of the distraction guide510 can be extended from thedistraction guide4510 to form anupper winglet4512 and a lower winglet4514, respectively, of asecond wing4560 by positioning aninsert4570 within a cavity of themain body4501. This is in contrast to the above embodiment where the entire distraction guide is formed by the winglets. In this embodiment, thewinglet4512,4514 extend out the side of thedistraction guide4510. When not extended, as seen inFIG. 53A, thewinglet4512,4514 partially form the sides of thedistraction guide4510. Such embodiments are contemplated to be useful where it is desired that thesecond wing4560 have a limited height relative toimplants4300,4400 as described above where theentire distraction guide4310 is deployed (seeFIG. 49A through 50B). For example, whereimplants4500 are to be positioned at adjacent motion segments, it can be desired that thesecond wings4560 of theimplants4500 do not interfere with one another implant, for example during an extension motion when compressive loads are applied to theimplants4500. As with implants described above, one of ordinary skill in the art can appreciate the myriad different variations of theimplant4500 ofFIGS. 53A and 53B. For example, in alternative embodiments theupper winglet4512 and the lower winglet4514 can have some other shape. For example, the positions of theupper winglet4512 and lower winglet4514 are staggered so thatimplants4500 positioned at adjacent motion segments can be more easily positioned without interfering with one another. Such staggering can also accommodate anatomies where one of the upper and lower spinal processes is wider than the other. With staggering, for example, theupper winglet4512 can be pivotably mounted on thedistraction guide4510 at a position less distant from the distraction end4511 than the location where the lower winglet4514 is pivotably mounted on thedistraction guide4510. In still other embodiments, theupper winglet4512 and the lower winglet4514 can have some other shape. Referring toFIGS. 54A through 55, in still further embodiments ofimplants4600 in accordance with the present invention, themain body4601 can include a hollow central body4605 (shown inFIGS. 54C and 54D) extending from afirst wing4630. Arotatable spacer4620 is disposed about the hollowcentral body4605. Theimplant4600 can include aspacer4620 that resembles spacers, for example, as described above inFIG. 48B. Adistraction guide4610 can extend from the hollowcentral body4605 and can include anupper winglet4612 and alower winglet4614, one or both of which can be pivotably associated with amain portion4611 of thedistraction guide4610 so that theupper winglet4612 and/or thelower winglet4614 can be deployed as asecond wing4660. Apin4606 can be inserted into the hollowcentral body4605 to deploy thesecond wing4630. Referring toFIG. 54B, once thepin4606 is seated within themain body4601, theupper winglet4612 and thelower winglet4614 can be pivoted away from each other so that theupper winglet4612 and thelower winglet4614 limit or block motion along thelongitudinal axis4625 in the direction opposite from insertion. Theupper winglet4612 and thelower winglet4614 thus act as asecond wing4660.
• Referring to the partial cross-sections ofFIGS. 54C and 54D, in an embodiment thedistraction guide4610 can include acup4616 structure sized and arranged to receive thepin4606.Bar structures4618,4619 can be pivotably connected between thecup structure4616 and one or both of theupper winglet4612 and thelower winglet4614 so that when a force is applied to thecup structure4616 by thepin4606, the force is further transferred to theupper winglet4612 and thelower winglet4614, causing theupper winglet4612 and thelower winglet4614 to pivot onhinges4613,4615 associated with themain portion4611 of thedistraction guide4610 so that thesecond wing4660 is deployed. As can be seen, the pivot points4613,4615 of theupper winglet4612 and thelower winglet4614 are arranged proximally relative to the mount points4617,4619 of thebar structures4618,4619, causing theupper winglet4612 and thelower winglet4614 to pivot away from one another when the mount points4617,4619 are urged together by the insertion of the pin4606 (as seen inFIG. 54D). In other embodiments, theupper winglet4612 and thelower winglet4614 can be caused to pivot away from one another using some other mechanism. Implants in accordance with the present invention are not intended to be limited to such second wing deployment mechanisms as are described in detail herein.
• Referring toFIG. 55, theimplant4600 is shown positioned between adjacentspinous processes2,4. Thesecond wing4660 as shown is sized such that when arranged in a first configuration (i.e., as a distraction guide4610) theupper winglet4612 and thelower winglet4614 do not extend undesirably into the adjacent tissues. However, theupper winglet4612 and thelower winglet4614 can be sized and shaped other than as shown inFIG. 55. Theupper winglet4612 and thelower winglet4614 need only be sized and shaped such that when arranged in a second configuration, the upper andlower winglets4612,4614 limit or block movement along thelongitudinal axis4625 in a direction opposite from insertion.FIGS. 56A through 56C illustrate a further embodiment of animplant4700 in accordance with the present invention arranged between adjacentspinous processes2,4. In such an embodiment, upper andlower winglets4712,4714 can be disposed within thedistraction guide4710 and can be deployed by actuating an actuator arrangement including a shaft connected with acam4707, the shaft having anengageable head4706, or alternatively including some other mechanism such as a gear. As can be seen inFIG. 56A theimplant4700 can be disposed between adjacentspinous processes2,4 as described above in reference toFIG. 50. Thedistraction guide4710 of theimplant4700 can be employed to pierce and/or distract aninterspinous ligament6 connected between the adjacentspinous process2,4. Theimplant4700 can then be urged between thespinous processes2,4 so that thedistraction guide4710 further distracts theinterspinous ligament6 to form a space within which aspacer4220 can be disposed. In the embodiment shown, thespacer4220 can pivot about a central body extending from thefirst wing4230 of theimplant4700. Thefirst wing4230 limits and/or blocks movement along alongitudinal axis4725 of theimplant4700 in the direction of insertion.
• Once theimplant4700 is arranged as desired, the actuator arrangement can be actuated to deploy the upper and lower winglets,4712,4714, thereby forming a second wing4760 as shown inFIG. 56C. The second wing4760 limits and/or blocks movement along thelongitudinal axis4725 in a direction opposite the direction of insertion. With the second wing4760 deployed, the adjacentspinous processes2,4 are at least partially disposed between the wings4730,4760, preventing theimplant4800 from becoming undesirably dislodged from the space between the adjacentspinous processes2,4. As shown inFIG. 56C, the first wing4730 and the second wing4760 can be arranged sufficiently far apart that the adjacentspinous processes2,4 can move relative to one another slightly (e.g., laterally—such as during a twisting motion), allowing the patient greater flexibility of movement.
• FIGS. 56B and 56C are partial cross-sectional posterior views of theimplant4700 shown inFIG. 56A. m an embodiment, thedeployable winglets4712,4714 can be extended from thedistraction guide4710 using an actuator arrangement comprising ashaft4707 andcam4716. Thecam4716 can be rotated to force thewinglets4712,4714 to pivot outward from thedistraction guide4710. As shown, thewinglets4712,4714 are at least partially disposed within a cavity of thedistraction guide4710.
• FIGS. 56A through 57E illustrate a still further embodiment of animplant4800 in accordance with the present invention arranged between adjacentspinous processes2,4. In such an embodiment, upper andlower winglets4812,4814 can be disposed within thedistraction guide4810 and can be deployed by actuating an actuator arrangement including ascrew4807 having anengageable head4806, or alternatively including some other mechanism such as a gear. As can be seen inFIG. 57A theimplant4800 can be disposed between adjacentspinous processes2,4 as described above in reference toFIG. 50. Thedistraction guide4810 of theimplant4800 can be employed to pierce and/or distract aninterspinous ligament6 connected between the adjacentspinous process2,4. Theimplant4800 can then be urged between thespinous processes2,4 so that thedistraction guide4810 further distracts theinterspinous ligament6 to form a space within which aspacer4220 can be disposed. In the embodiment shown, thespacer4220 can pivot about a central body extending from thefirst wing4230 of theimplant4800. Thefirst wing4230 limits and/or blocks movement along alongitudinal axis4825 of theimplant4800 in the direction of insertion.
• Once theimplant4800 is arranged as desired, the actuator arrangement can be actuated to deploy the upper and lower winglets,4812,4814, thereby forming asecond wing4860 as shown inFIG. 56B. Thesecond wing4860 limits and/or blocks movement along thelongitudinal axis4825 in a direction opposite the direction of insertion. With thesecond wing4860 deployed, the adjacentspinous processes2,4 are at least partially disposed between thewings4830,4860, preventing theimplant4800 from becoming undesirably dislodged from the space between the adjacentspinous processes2,4. As shown inFIG. 56B, the first wing4830 and thesecond wing4860 can be arranged sufficiently far apart that the adjacentspinous processes2,4 can move relative to one another slightly (e.g., laterally—such as during a twisting motion), allowing the patient greater flexibility of movement.
• FIGS. 57C and 57D are partial cross-sectional end views of theimplant4800 shown inFIGS. 57A and 57B. In an embodiment, thedeployable winglets4812,4814 can be extended from thedistraction guide4810 using an actuator arrangement comprising ascrew4806 and threadedcollar4816. The threadedcollar4816 can be driven along thescrew4806 to force thewinglets4812,4814 to pivot outward from thedistraction guide4810. As shown, thewinglets4812,4814 are at least partially disposed within a cavity of thedistraction guide4810. Thewinglets4812,4814 are pivotably connected with the threadedcollar4816 at anupper pivot point4817 and alower pivot point4819.Pins4813,4815 or other obstruction devices can be disposed within the cavity and arranged so that thepins4813,4815 do not interfere with the arrangement of thewinglets4812,4814 in a nested, or undeployed, position. However, as the threadedcollar4816 travels along thescrew4806 in a posterior-to-anterior direction, the inner surface of thewinglets4812,4814 contact thepins4813,4815 and thewinglets4812,4814 pivot away from thedistraction guide4810. If desired thewinglets4812,4814 can be spring biased against theposts4813,4815 such that in the nested positions and in any deployed position thewinglets4812,4814 are held against theposts4813,4815.
• As shown inFIGS. 57D and 57E, when the threadedcollar4816 has traveled a distance along thescrew4806, thewinglets4812,4814 are deployed to form asecond wing4860. Thewinglets4812,4814 extend along a significant portion of the outer surface of thespinous processes2,4. When urged along thelongitudinal axis4825 in a direction opposite the direction of insertion, thewinglets4812,4814 contact the adjacentspinous processes2,4 and resist further movement in said direction.FIG. 57E is an end view of theimplant4800 with thesecond wing4860 deployed. As shown, thescrew head4806 extends from thedistraction guide4810; however, when implemented, it is preferable for thescrew head4806 to be either flush with the surface of thedistraction guide4810 or slightly receded from the surface of thedistraction guide4810 so that movement of theimplant4800 is not obstructed during distraction of theinterspinous ligament6 and/or thespinous processes2,4. Thescrew head4806 is shown extending from thedistraction guide4810 to demonstrate possible arrangement relative to the proximal end of thedistraction guide4810.
• FIGS. 58A and 58B illustrate yet another embodiment of the implant4900 having an alternative actuation arrangement. In such an embodiment, thewinglets4912,4914 can be reversed in arrangement so that thewinglets4912,4914 are deployed by urging the threadedcollar4916 toward thescrew head4806.FIGS. 59A and 59B illustrate a still further embodiment of theimplant5000 having an alternative actuation arrangement. In such embodiments, thewinglets5012,5014 include two hinged portions, eachwinglet5012,5014 folding outward to form a portion of a second wing5060. The second wing5060 does not extend as far along the axis of the spine, i.e. the total height of the second wing5060 along the spine is smaller than previous embodiments. A reduced second wing height can be advantageous where implants are positioned at adjacent motion segments, thereby preventing undesired contact of adjacent implants.
• As mentioned above, in other embodiments in accordance with the present invention, the winglets can be deployed from the distraction guide using a mechanism other than a screw and threaded collar. For example, one or more gears can be employed. Further, in still other embodiments the upper and lower winglets can have a shape along other than those shapes shown inFIGS. 57A through 57B. The invention is not intended to be limited to winglets having shapes such as shown. In still further embodiments, such as shown inFIG. 60, theimplant5100 can include only one of the upper and lower winglets. For example, where implants are positioned at adjacent motion segments it can be advantageous to have alower winglet4814, thereby preventing undesired contact ofadjacent implants5100. As will be obvious to one of ordinary skill in the art, myriad different actuation arrangements can be employed to form a second wing. Implants in accordance with the present invention are not intended to be limited to those described in detail herein.
• Materials for Use in Implants of the Present Invention
• In some embodiments, the implant, and components of the implant (i.e., the spacer, the distraction guide, etc.) can be fabricated from medical grade metals such as titanium, stainless steel, cobalt chrome, and alloys thereof, or other suitable implant material having similar high strength and biocompatible properties. Additionally, the implant can be at least partially fabricated from a shape memory metal, for example Nitinol, which is a combination of titanium and nickel. Such materials are typically radiopaque, and appear during x-ray imaging, and other types of imaging. Implants in accordance with the present invention, and/or portions thereof can also be fabricated from somewhat flexible and/or deflectable material. In these embodiments, the implant and/or portions thereof can be fabricated in whole or in part from medical grade biocompatible polymers, copolymers, blends, and composites of polymers. A copolymer is a polymer derived from more than one species of monomer. A polymer composite is a heterogeneous combination of two or more materials, wherein the constituents are not miscible, and therefore exhibit an interface between one another. A polymer blend is a macroscopically homogeneous mixture of two or more different species of polymer. Many polymers, copolymers, blends, and composites of polymers are radiolucent and do not appear during x-ray or other types of imaging. Implants comprising such materials can provide a physician with a less obstructed view of the spine under imaging, than with an implant comprising radiopaque materials entirely. However, the implant need not comprise any radiolucent materials.
• One group of biocompatible polymers is the polyaryletherketone group which has several members including polyetheretherketone (PEEK), and polyetherketoneketone (PEKK). PEEK is proven as a durable material for implants, and meets the criterion of biocompatibility. Medical grade PEEK is available from Victrex Corporation of Lancashire, Great Britain under the product name PEEK-OPTIMA. Medical grade PEKK is available from Oxford Performance Materials under the name OXPEKK, and also from CoorsTek under the name BioPEKK. These medical grade materials are also available as reinforced polymer resins, such reinforced resins displaying even greater material strength. In an embodiment, the implant can be fabricated from PEEK 450G, which is an unfilled PEEK approved for medical implantation available from Victrex. Other sources of this material include Gharda located in Panoli, India. PEEK 450G has the following approximate properties:

  	Property	Value

  	Density	1.3	g/cc
  	Rockwell M	99
  	Rockwell R	126
  	Tensile Strength	97	MPa
  	Modulus of Elasticity	3.5	GPa
  	Flexural Modulus	4.1	GPa

• PEEK 450G has appropriate physical and mechanical properties and is suitable for carrying and spreading a physical load between the adjacent spinous processes. The implant and/or portions thereof can be formed by extrusion, injection, compression molding and/or machining techniques. It should be noted that the material selected can also be filled. Fillers can be added to a polymer, copolymer, polymer blend, or polymer composite to reinforce a polymeric material. Fillers are added to modify properties such as mechanical, optical, and thermal properties. For example, carbon fibers can be added to reinforce polymers mechanically to enhance strength for certain uses, such as for load bearing devices. In some embodiments, other grades of PEEK are available and contemplated for use in implants in accordance with the present invention, such as 30% glass-filled or 30% carbon-filled grades, provided such materials are cleared for use in implantable devices by the FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to unfilled PEEK. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to have enhanced compressive strength and stiffness, and a lower expansion rate relative to unfilled PEEK. Carbon-filled PEEK also offers wear resistance and load carrying capability.
• As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention. As mentioned, the implant can be comprised of polyetherketoneketone (PEKK). Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), polyetheretherketoneketone (PEEKK)5 and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics. Reference to appropriate polymers that can be used in the implant can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/02158 A1, dated Jan. 10, 2002, entitled “Bio-Compatible Polymeric Materials;” PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials;” and, PCT Publication WO 02/00270 A13 dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials.” Other materials such as Bionate®, polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.
• Methods for Implanting Interspinous Implants
• A minimally invasive surgical method for implanting animplant4300 as shown inFIGS. 49A-55 in the cervical spine is disclosed and taught herein. In this method, as shown inFIG. 61, preferably a guide wire4780 is inserted through a placement network4790 into the neck of the implant recipient. The guide wire4780 is used to locate where theimplant4300 is to be placed relative to the cervical spine, including the spinous processes. Once the guide wire4780 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that animplant4300 in accordance with an embodiment of the present invention, can be positioned in the neck thorough an incision and along a line that is about perpendicular to the guide wire4780 and directed at the end of the guide wire4780. Themain body4301 of theimplant4300 is inserted into the neck of the patient. Preferably during insertion, thedistraction guide4310 pierces or separates the tissue without severing the tissue. Once themain body4301 is satisfactorily positioned, aninsert4370 can be positioned within a cavity of themain body4301, causing thedistraction guide4310 of themain body4301 to be arranged in a second configuration so that at least a portion of thedistraction guide4310 forms a second wing. Theinsert4370 can be inserted along a line that is generally collinear with the line over which themain body4301 is inserted. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to themain body4301 and theinsert4370.
• Further, a minimally invasive surgical method for implanting an implant as described inFIGS. 49A-55 in the lumbar spine is disclosed and taught herein. In this method, as shown in the flowchart ofFIG. 62, preferably a unilateral incision or opening can be made using a posterior-anterior approach (Step2802). The unilateral incision can be made, for example, at a location some distance to the left of an axis along the spinous process. The incision or opening can be enlarged, and a distraction tool can be positioned within the incision so that the proximal end of the distraction tool (Step2804) can access an exposed side of the interspinous ligament. The distraction tool can be urged through the interspinous ligament, thereby distracting the interspinous ligament so as to receive the implant (Step2806). Once the interspinous ligament is sufficiently distracted, the distraction tool can be disengaged and removed from the incision (Step2808).
• Once the distraction tool has been removed from the incision, the implant can be positioned at the dilated opening, and the distraction guide of the implant can be urged through the dilated opening (Step2810). The implant can be further urged through the opening until the spacer is positioned as desired between the adjacent spinous processes of the targeted motion segment (Step2812). The spacer is free to rotate so that the load is distributed more evenly over the surface of the spinous processes. Optionally, the implant can be urged through the dilated opening until the first wing contacts the adjacent spinous processes, thereby blocking further movement in the direction of insertion. Once the implant is properly arranged, the insert can be positioned at the distal end of the implant so that the insert can be urged into and through the hollow cavity of the hollow central body (Step2814). As the insert is seated inside of the cavity, the distraction guide splits, and the upper winglet and the lower winglet deploy as a second wing. The remaining tools can be removed from the incision, and the incision can be closed (Step2816). Preferably during insertion, the distraction end pierces or separates the tissue without severing the tissue. Further, a minimally invasive surgical method for implanting an implant as shown inFIGS. 56A-60 in the lumbar spine is disclosed and taught herein. In this method, as shown in the flowchart ofFIG. 63, an incision or opening can be made using a posterior-anterior approach (Step2852). The incision or opening can be enlarged, and a distraction tool can be positioned within the incision so that the proximal end of the distraction tool (Step2854) can access an exposed side of the interspinous ligament. The distraction guide can be urged through the interspinous ligament and distracted, thereby distracting the interspinous ligament so as to receive the implant (Step2856). Once the interspinous ligament is sufficiently distracted, the distraction tool can be disengaged and removed from the incision (Step2858).
• Once the distraction guide has been removed from the incision, the implant can be positioned at the dilated opening, and the distraction guide of the implant can be urged through the dilated opening (Step2860). The implant can be further urged through the opening until the spacer is positioned as desired between the adjacent spinous processes of the targeted motion segment (Step2862). The spacer is free to rotate so that the load is distributed more evenly over the surface of the spinous processes. Optionally, the implant can be urged through the dilated opening until the first wing contacts the adjacent spinous processes, thereby blocking further movement in the direction of insertion. Once the implant is properly arranged, an actuation tool can be inserted within the incision at an opposite side of the adjacent spinous processes from the point of insertion (Step2864). The actuation tool can engage the actuation arrangement, and can actuate the actuation arrangement so that the upper winglet and the lower winglet deploy as a second wing, as described above (Step2866). The remaining tools can be removed from the incision, and the incision can be closed (Step2868). Preferably during insertion, the distraction end pierces or separates the tissue without severing the tissue.
• The foregoing description of the present invention have been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to practitioners skilled in this art. The embodiments were chosen and described in order to best explain the principles of the invention and its practical application, thereby enabling others skilled in the art to understand the invention for various embodiments and with various modifications as are suited to the particular use contemplated. It is intended that the scope of the invention be defined by the following claims and their equivalents.
• Implants Having Deployable Wings
• In other embodiments, implants in accordance with the present invention can comprise a “matchbox”-like structure having a first configuration (as shown inFIG. 64A) and a second, deployed configuration (as shown inFIG. 64B). Arranged in the first configuration,such implants6700 can have a substantially flat profile having an approximately uniform thickness.
• The uniform thickness approximates the thickness of aspacer6720 of theimplant6700. Theimplant6700 can comprise adistraction guide6710 at a proximal end of the implant, thedistraction guide6710 having a slightly rounded or tapered shape to pierce and/or distract a space between adjacent spinous processes. Theimplant6700 can further comprise a plurality of hinged structures6750-6757, the hinged structures6750-6757 being collapsed so as to facilitate the substantially flat profile. The hinged structures6750-6757 are pivotally connected with thespacer6720 and extend from both sides of thespacer6720. As shown inFIG. 64A, asupport structure6722 extends from thespacer6720 toward the distal end of theimplant6700. A rod6715 (or alternatively some other mechanism such as a tab) can be connected with the proximal end of theimplant6700 and can extend through the hinged structures6750-6753, through the spacer66720, and through thesupport structure6722 so that therod6715 is accessible.
• Referring toFIG. 64B, once theimplant6700 is positioned as desired between adjacent spinous processes, therod6715 can be drawn in a direction opposite the direction of insertion along thelongitudinal axis6725 so that the hinged structures6750-6757 fold outward to form afirst wing6730 and asecond wing6760 between which is arranged thespacer6720 and a portion of the spinous processes. As the hinged structures6750-6757 fold outward, the height of the first andsecond wings6730,6760 increases from approximately the same as the thickness of thespacer6720 to a height such that the first andsecond wing6730,6760 can limit or block movement of theimplant6700 along thelongitudinal axis6725 when positioned between adjacent spinous processes. As can be seen, thesecond wing6760 includes four hinged structures6750-6753: an upperfirst structure6750 connected by a hinge to an uppersecond structure6752, and a lowerfirst structure6751 connected by a hinge to a lowersecond structure6753. The hinged structures6750-6753 pivot outward to form anupper end6762 of the second wing and alower end6764 of the second wing. Likewise, thefirst wing6730 includes four hinged structures6754-6757: an upperfirst structure6754 connected by a hinge to an uppersecond structure6756, and a lowerfirst structure6755 connected by a hinge to a lowersecond structure6757. However, unlike thesecond wing6760, thefirst wing6730 is (effectively) bisected by thesupport structure6722 so that thefirst wing6730 comprises four winglets6731-6734. The hinged structures6754-6757 pivot outward to formupper winglets6731,6732 of the first wing andlower winglets6733,6734 of the first wing.
• As mentioned above, thesupport structure6722 extends from thespacer6720 toward the distal end of theimplant6700. Thespacer6720 and thesupport structure6722 include a bore or other cavity through which therod6715 can travel. Applying resistive force to thesupport structure6722 can fix thespacer6720 in place between spinous processes when drawing therod6715 through the bore. As therod6715 is drawn through the bore, the hingedstructures6752,6753 with which the proximal end of therod6715 is connected are drawn with therod6715. As therod6715 is drawn through thespacer6720, the hingedstructures6752,6753 are drawn toward thespacer6720. The hinged structures6750-6753 pivot outward to accommodate the relative movement between therod6715 and the spacer66720. Accordingly, thesecond wing6760 has been satisfactorily deployed.
• The hingedstructures6756,6757 of thefirst wing6730 can cause deployment of thefirst wing6730 by applying resistive force to the hingedstructures6756,6757 while drawing the spacer6720 (via the support structure6722), or by urging the hingedstructures6756,6757 toward thespacer6720. The resistive force or urging can be applied by asecond stop6784 that can fit around thesupport structure6722 and can be interference fit or otherwise selectively fixed with thesupport structure6722. As thesecond stop6784 is pushed along thelongitudinal axis6725, along thesupport structure6722, the hinged structures6754-6757 pivot outward to accommodate the relative movement between thesecond stop6784 and thespacer6720. Accordingly, thefirst wing6730 has been satisfactorily deployed.
• FIGS. 65A and 65B are posterior views of theimplant6700 positioned between adjacentspinous processes2,4 demonstrating an embodiment of a method for deploying theimplant6700 between thespinous processes2,4. Theimplant6700 can be positioned so that adistraction guide6710 of theimplant6700 is arranged at a space between thespinous processes2,4. Theimplant6700 can then be urged between thespinous processes2,4 so that thespacer6720 is positioned as desired. The substantially flat profile of theimplant6700 can ease positioning of thespacer6720 by reducing potential obstructing surfaces that can resist movement of theimplant6700 during implantation. Thesecond wing6760 and thefirst wing6730 can then be deployed to limit movement of theimplant6700. To deploy thesecond wing6760 therod6715 is drawn in a direction opposite the direction of insertion along thelongitudinal axis6725. Theupper end6762 andlower end6764 of the second wing extend outward as described above. Once thesecond wing6760 is deployed, therod6715 can be fixed in position relative to thespacer6720. This can be accomplished using myriad different mechanisms. For example, as shown afirst stop6782 can be interference fit to therod6715 and positioned against thesupport structure6722 along therod6715. Thefirst stop6782 can grip therod6715, as with a friction fit between thefirst stop6782 and therod6715, so that therod6715 is prevented from moving through the bore of thesupport structure6722 by interference between thefirst stop6782 and thesupport structure6722. In other embodiments, some other mechanism can be used, such as a pin (e.g., a cotter pin), a latch system, etc. One of ordinary skill in the art will appreciate the myriad different mechanisms for fixing arod6715 in position relative to thespacer6720. The uppersecond structure6756 and the lowersecond structure6757 can be urged toward thespacer6720 in the direction of insertion along thelongitudinal axis6725 using asecond stop6784 as described above, causing theupper winglets6731,6732 andlower winglets6733,6734 to extend outward to form thefirst wing6730. Once thefirst wing6730 is deployed, the hinged structures6754-6757 can be fixed in position using thesecond stop6784 or some other mechanism. Thesecond stop6784 can grip thesupport structure6722, as with a friction fit or pin, and resist movement of the hinged structures6754-6757, thereby preventing collapse. As above, one of ordinary skill in the art will appreciate the myriad different mechanisms for fixing thefirst wing6730 in a deployed position. With thefirst wing6730 and thesecond wing6760 deployed, movement of theimplant6700 along thelongitudinal axis6725 can be limited or blocked, thereby resisting undesirable displacement of theimplant6700.
• It should be noted that with implants as described above in reference toFIGS. 64A-67 therod6715 can optionally be trimmed or otherwise partially detached to decrease a space required to accommodate theimplant6700,6800 within the patient's spine. For example, the structure of therod6715 can be beveled or otherwise weakened near a distal end of therod6715 to allow therod6715 to be snapped off when the first andsecond wings6730,6760,6830,6860 are deployed and therod6715 is fixed in place. In other embodiments, a tool (not shown) can be used to cut therod6715 after the first andsecond wings6730,6760,6830,6860 are deployed and therod6715 is fixed in place. Still further, therod6715 need not comprise a rigid structure, but rather alternatively can include a tether, string, or similarly flexible structure that can be placed in tension to retain thesecond wing6760,6860 and/orfirst wing6730,6830 in a deployed position.
• Referring toFIGS. 66A and 66B, a still further embodiment of animplant6800 in accordance with the present invention is shown. In such an embodiment, aflexible strap6890 can be connected between pairs of hinged structures (i.e.,6850 and6852,6851 and6853,6854 and6856,6855 and6857). Theflexible strap6890 can limit the relative movement of the hinged structures6850-6857 so thatfirst wing6830 andsecond wing6860 have increased rigidity when fully deployed. Theimplant6800 need not include thesupport structure6722 of the previous embodiment. A resistive force can be applied to the hingedstructures6856,6857 so that as therod6715 is drawn in a direction opposite the direction of insertion along thelongitudinal axis6825 the resistive force causes the hinged structures6854-6857 to extend outward to form thefirst wing6830. As the hinged structures6854-6857 extend outward theflexible strap6890 connected opposite the hinge unfolds. Once the hinged structures6854-6857 reach a maximum extension, theflexible strap6890 becomes taut and resists further extension, locking thefirst wing6830 in place. Theflexible straps6890 can provide thefirst wing6830 with sufficient rigidity to resist movement of thespacer6720, so that as therod6715 is further drawn therod6715 moves through thespacer6720 and the hingedstructures6852,6853 connected with therod6715 are drawn toward thespacer6720. As the hingedstructures6852,6853 connected with therod6715 are drawn toward thespacer6720, all of the hinged structures6850-6853 extend outward to deploy thesecond wing6860. Theflexible strap6890, connected opposite the hinge, unfolds. Once the hinged structures6854-6857 reach a maximum extension theflexible strap6890 becomes taut and resists further extension, locking thefirst wing6830 in place. A stop6882 (or alternatively some other mechanism such as a pin) can be fixed to therod6715 to create interference between thestop6882 and the hingedstructures6832,6834 of thefirst wing6830 that resists movement of therod6715. Theflexible straps6890 can be made from a biocompatible material. In an embodiment, theflexible straps6890 can be made from a braided polyester suture material. Braided polyester suture materials include, for example, Ethibond, Ethiflex, Mersilene, and Dacron, and are non-absorbable, having high tensile strength, low tissue reactivity and improved handling. In other embodiments, theflexible straps6890 can be made from stainless steel (i.e., surgical steel), which can be woven into a strap, for example. In still other embodiments,flexible straps6890 can be made from some other material (or combination of materials) having similar properties.
• FIG. 67 is a posterior view of theimplant6800 positioned between adjacentspinous processes2,4 demonstrating an embodiment of a method for deploying theimplant6800 between thespinous processes2,4. Thefirst wing6830 can be deployed to limit movement of theimplant6800 relative to thespinous processes2,4. To deploy thefirst wing6830 therod6715 can be held fixed in position or urged in a direction opposite the direction of insertion along thelongitudinal axis6825 while a force is applied to the hinged structures6854-6857 (FIG. 66A) of thefirst wing6830 to cause theupper end6832 of the first wing and thelower end6834 of the first wing to extend away from therod6715, thereby deploying thefirst wing6830. Therod6715 can be further urged in the direction opposite the direction of insertion so that the proximal end of therod6715 pivotably connected with the hingedstructures6852,6853 that comprise thedistraction guide6710, is drawn toward thespacer6720, causing theupper end6862 of the spacer, and thelower end6864 of the spacer to extend away from therod6715. Once thesecond wing6860 and thefirst wing6830 are deployed, therod6715 can be fixed in position relative to thespacer6720. As above, this can be accomplished using myriad different mechanisms. For example, as shown afirst stop6882 can be interference fit to therod6715 and positioned against thefirst wing6830 along therod6715. Thefirst stop6882 can grip therod6715 so that therod6715 is prevented from moving by a friction fit between thefirst stop6882 and therod6715. In other embodiments, some other mechanism can be used, such as a pin (e.g., a cotter pin), a latch system, etc. One of ordinary skill in the art will appreciate the myriad different mechanisms for fixing arod6715 in position relative to thespacer6720. With thefirst wing6830 and thesecond wing6860 deployed, movement of theimplant6800 along thelongitudinal axis6825 can be limited or blocked, thereby resisting undesirable displacement of theimplant6800.
• Referring toFIGS. 68A and 68B, in still other embodiments, implants in accordance with the present invention can comprise a “matchbox”-like structure having a rounded, collapsed first configuration and a second, deployed configuration. Arranged in the first configuration,such implants6900 can have a shape allowing theimplant6900 to be more naturally inserted through a cannula. As shown, such a shape includes a substantially circular cross-section, though in other embodiments the implant can have an ovoid or elliptical cross-section, thereby allowing a spacer shape to be employed that generally accommodates a space between adjacent spinous processes. However, it will be appreciated that animplant6900 having a circular cross-section can most efficiently use the space of a cannula, where the cannula includes a circular cross-section; therefore, it may be preferable to employ animplant6900 having a circular cross-section where a physician desired to minify the diameter of the cannula inserted into the surgical site.
• The cross-section of theimplant6900 in a first configuration is generally consistent along the implant's length, having a diameter generally the thickness of aspacer6920 of theimplant6900. Theimplant6900 can comprise adistraction guide6910 at a proximal end of theimplant6900, thedistraction guide6910 having a rounded (as shown) or tapered shape to pierce and/or distract a space between adjacent spinous processes. However, where a cannula is employed to deliver an implant to a surgical site, theimplant6900 can optionally include adistraction guide6910 at the proximal end. The surgical site, and associated tissues and structures can be distracted and repositioned by the cannula, allowing substantially unobstructed access to the surgical site by theimplant6900. In such circumstance adistraction guide6910 may not be necessary.
• Theimplant6900 can further comprise a plurality of hinged structures6950-6957, the hinged structures6950-6957 being collapsed so as to facilitate the substantially collapsed profile. The hinged structures6950-6957 are pivotally connected with thespacer6920 and extend from both sides of thespacer6920. A rod6915 (or alternatively some other mechanism such as a tab) can be connected with the proximal end of theimplant900 and can extend through the hinged structures6950-6953, and through thespacer6920 so that therod6915 is accessible to a physician. Referring toFIGS. 68B and 68C, once theimplant6900 is positioned as desired between adjacent spinous processes, therod6915 can be drawn in a direction opposite the direction of insertion along thelongitudinal axis6925 so that the hinged structures6950-6957 fold outward to form afirst wing6930 and asecond wing6960 between which is arranged thespacer6920 and a portion of the spinous processes. As the hinged structures6950-6957 fold outward, the height of the first andsecond wings6930,6960 increases from approximately the same as the thickness of thespacer6920 to a height such that the first andsecond wing6930,6960 can limit or block movement of theimplant6900 along thelongitudinal axis6925 when positioned between adjacent spinous processes. As can be seen, thesecond wing6960 includes four hinged structures6950-6953: an upperfirst structure6950 connected by a hinge to an uppersecond structure6952, and a lowerfirst structure6951 connected by a hinge to a lowersecond structure6953. The hinged structures6950-6953 pivot outward to form anupper end6962 of the second wing and alower end6964 of the second wing. Likewise, thefirst wing6930 includes four hinged structures6954-6957: an upperfirst structure6954 connected by a hinge to an uppersecond structure6956, and a lowerfirst structure6955 connected by a hinge to a lowersecond structure6957.
• Embodiments as described above in reference toFIGS. 64A and 64B included asupport structure6722 extending from thespacer6720. Likewise, a support structure can optionally extend from thespacer6920 of the cannula deliveredimplant6900. However, such a structure need not be necessary where thefirst wing6930 is prevented from deploying during deployment of thesecond wing6960 by thecannula6995 itself (seeFIG. 69B). Referring toFIGS. 69A and 69B, once the cannula is positioned at the surgical site, theimplant6900 can be urged through the cannula so that the hinged structures6950-6953 are clear of the cannula. Therod6915 can then be urged in an opposite direction (relative to insertion) along thelongitudinal axis6925 to deploy thesecond wing6960. As therod6915 is drawn through thespacer6920, the hingedstructures6952,6953 are drawn toward thespacer6920. The hinged structures6950-6953 pivot outward to accommodate the relative movement between therod6915 and thespacer6920. Accordingly, thesecond wing6960 has been satisfactorily deployed.
• Once thesecond wing6960 is deployed, thecannula6995 can be retracted from the surgical site, thereby allowing the hingedstructures6956,6957 of thefirst wing6930 to deploy by urging the hingedstructures6956,6957 toward thespacer6920. The urging can be applied by astop6982 that can fit around therod6915 and can be interference fit or otherwise selectively fixed with therod6915. As thestop6982 is pushed along thelongitudinal axis6925, along therod6915, the hinged structures6954-6957 pivot outward to accommodate the relative movement between thestop6982 and thespacer6920. Accordingly, thefirst wing6930 has been satisfactorily deployed.
• Once thesecond wing6960 and thefirst wing6930 are deployed, therod6915 can be fixed in position relative to thespacer6920. As above, this can be accomplished using myriad different mechanisms. For example, as shown astop6982 can be interference fit to therod6915 and positioned against thefirst wing6930 along therod6915. Thestop6982 can grip therod6915 so that therod6915 is prevented from moving by a friction fit between thestop6982 and therod6915. In other embodiments, some other mechanism can be used, such as a pin (e.g., a cotter pin), a latch system, etc. One of ordinary skill in the art will appreciate the myriad different mechanisms for fixing arod6915 in position relative to thespacer6920. With thefirst wing6930 and thesecond wing6960 deployed, movement of theimplant6900 along thelongitudinal axis6925 can be limited or blocked, thereby resisting undesirable displacement of theimplant6900.
• It should be noted that with implants as described above in reference toFIGS. 68A-69B therod6915 can optionally be trimmed or otherwise partially detached to decrease a space required to accommodate theimplant6900 within the patient's spine. For example, the structure of therod6915 can be beveled or otherwise weakened near a distal end of therod6915 to allow therod6915 to be snapped off when the first andsecond wings6930,6960 are deployed and therod6915 is fixed in place. In other embodiments, a tool (not shown) can be used to cut therod6915 after the first andsecond wings6930,6960 are deployed and therod6915 is fixed in place. Still further, therod6915 need not comprise a rigid structure, but rather alternatively can include a tether, string, or similarly flexible structure that can be placed in tension to retain thesecond wing6960 and/orfirst wing6930 in a deployed position.
• Referring toFIGS. 68B, 68C and69B, theimplant6900 is shown having operably connected “hinged” structures6950-6957. Such structures can be hinged in any way that permits relative movement. For example, the structures may be hinged by way of flexible straps, for example as described above in reference toFIG. 66B. Alternatively, the structures can be hinged using some other technique. For example, referring toFIG. 70C, one or a pair ofcords6996 can connect pairs of hinged structures so that relative movement is restricted, thereby permitting hinging motion, while resisting separation of the structures. In still other embodiments, some other mechanism can be employed to define a range of movement of the hinged structures6950-6957. One of ordinary skill in the art will appreciate the myriad different techniques for defining a range of motion of two mechanical parts.
• As with theflexible straps6890 above, thecord6996 can be made from a biocompatible material. In an embodiment, the cord996 can be made from a braided polyester suture material. Braided polyester suture materials include, for example, Ethibond, Ethiflex, Mersilene, and Dacron, and are non-absorbable, having high tensile strength, low tissue reactivity and improved handling. In other embodiments, thecords6996 can be made from stainless steel (i.e., surgical steel), which can be woven into a strap, for example. In still other embodiments, thecords6996 can be made from some other material (or combination of materials) having similar properties.
• Materials for Use in Implants of the Present Invention
• In some embodiments, the implant can be fabricated from medical grade metals such as titanium, stainless steel, cobalt chrome, and alloys thereof, or other suitable implant material having similar high strength and biocompatible properties. Additionally, the implant can be at least partially fabricated from a shape memory metal, for example Nitinol, which is a combination of titanium and nickel. Such materials are typically radiopaque, and appear during x-ray imaging, and other types of imaging. Implants in accordance with the present invention, and/or portions thereof can also be fabricated from somewhat flexible and/or deflectable material. In these embodiments, the implant and/or portions thereof can be fabricated in whole or in part from medical grade biocompatible polymers, copolymers, blends, and composites of polymers. A copolymer is a polymer derived from more than one species of monomer. A polymer composite is a heterogeneous combination of two or more materials, wherein the constituents are not miscible, and therefore exhibit an interface between one another. A polymer blend is a macroscopically homogeneous mixture of two or more different species of polymer. Many polymers, copolymers, blends, and composites of polymers are radiolucent and do not appear during x-ray or other types of imaging. Implants comprising such materials can provide a physician with a less obstructed view of the spine under imaging, than with an implant comprising radiopaque materials entirely. However, the implant need not comprise any radiolucent materials.
• One group of biocompatible polymers are the polyaryl ester ketones which has several members including polyetheretherketone (PEEK), and polyetherketoneketone (PEKK). PEEK is proven as a durable material for implants, and meets the criterion of biocompatibility. Medical grade PEEK is available from Victrex Corporation of Lancashire, Great Britain under the product name PEEK-OPTIMA. Medical grade PEKK is available from Oxford Performance Materials under the name OXPEKK, and also from CoorsTek under the name BioPEKK. These medical grade materials are also available as reinforced polymer resins, such reinforced resins displaying even greater material strength. In an embodiment, the implant can be fabricated from PEEK 450G, which is an unfilled PEEK approved for medical implantation available from Victrex. Other sources of this material include Gharda located in Panoli, India. PEEK 450G has the following approximate properties:

  	Property	Value

  	Density	1.3	g/cc
  	Rockwell M	99
  	Rockwell R	126
  	Tensile Strength	97	MPa
  	Modulus of Elasticity	3.5	GPa
  	Flexural Modulus	4.1	GPa

• PEEK 450G has appropriate physical and mechanical properties and is suitable for carrying and spreading a physical load between the adjacent spinous processes. The implant and/or portions thereof can be formed by extrusion, injection, compression molding and/or machining techniques.
• It should be noted that the material selected can also be filled. Fillers can be added to a polymer, copolymer, polymer blend, or polymer composite to reinforce a polymeric material. Fillers are added to modify properties such as mechanical, optical, and thermal properties. For example, carbon fibers can be added to reinforce polymers mechanically to enhance strength for certain uses, such as for load bearing devices. In some embodiments, other grades of PEEK are available and contemplated for use in implants in accordance with the present invention, such as 30% glass-filled or 30% carbon-filled grades, provided such materials are cleared for use in implantable devices by the FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to unfilled PEEK. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to have enhanced compressive strength and stiffness, and a lower expansion rate relative to unfilled PEEK. Carbon-filled PEEK also offers wear resistance and load carrying capability.
• As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention. As mentioned, the implant can be comprised of polyetherketoneketone (PEKK). Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), polyetheretherketoneketone (PEEKK), and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics. Reference to appropriate polymers that can be used in the implant can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/0215S A1, dated Jan. 10, 2002, entitled “Bio-Compatible Polymeric Materials;” PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials;” and, PCT Publication WO 02/00270 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials.” Other materials such as Bionate®, polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.
• As described above, the binder can be made from a biocompatible material. In an embodiment, the binder can be made from a braided polyester suture material. Braided polyester suture materials include, for example, Ethibond, Ethiflex, Mersilene, and Dacron, and are nonabsorbable, having high tensile strength, low tissue reactivity and improved handling. In other embodiments, the binder can be made from stainless steel (i.e., surgical steel), which can be braided into a tether or woven into a strap, for example. In still other embodiments, the binder can be made from some other material (or combination of materials) having similar properties. It is to be understood that embodiments in accordance with the present invention can be constructed without a pliant material. It is also to be understood that the embodiments in accordance with the present invention can have other dimensions.
• Methods for Implanting Interspinous Implants
• A minimally invasive surgical method for implanting animplant6400 in the cervical spine is disclosed and taught herein. In this method, as shown inFIG. 70, preferably aguide wire80 is inserted through a placement network or guide90 into the neck of the implant recipient. Theguide wire80 is used to locate where the implant is to be placed relative to the cervical spine, including the spinous processes. Once theguide wire80 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that an implant in accordance with an embodiment of the present invention, can be positioned in the neck thorough an incision and along a line that is about perpendicular to theguide wire80 and directed at the end of theguide wire80. In one embodiment, the implant can be a sized implant400 (i.e., having a body that is not distractible), such as described above inFIGS. 7-23 and including adistraction guide6410, aspacer6420, and afirst wing6430. Theimplant6400 is inserted into the neck of the patient. Preferably during insertion, thedistraction guide6410 pierces or separates the tissue without severing the tissue.
• Once theimplant6400 is satisfactorily positioned, asecond wing6460 can be optionally inserted along a line that is generally collinear with the line over which theimplant6400 is inserted but from the opposite side of the neck. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to theimplant6400 and thesecond wing6460. Thesecond wing6460 is mated to the implant and in this particular embodiment, thesecond wing6460 is attached to theimplant6400 by the use of a fastener, for example by ascrew6442. Where a screw is used, thescrew6442 can be positioned using a screw driving mechanism that is directed along a posterior to anterior line somewhat parallel to theguide wire80. This posterior to anterior line aids the physician in viewing and securing thesecond wing6460 to the implant. Thesecond wing6460 is positioned so that abore6463 formed in alip6461 of thesecond wing6460 is aligned with abore6440 of theimplant6400, as described above. Thescrew6442 is positioned within both bores and secured, at least, to thebore6440 of theimplant6400. In other embodiments, the second wing can be interference fit with the implant, as described above, or fastened using some other mechanism, such as a flexible hinge and protrusion.
• A minimally invasive surgical method for implanting an alternative embodiment of animplant6700 in the cervical spine is disclosed and taught herein. In this method, as shown inFIG. 25, preferably aguide wire80 is inserted through a placement network or guide90 into the neck of the implant recipient. Theguide wire80 is used to locate where theimplant6700 is to be placed relative to the cervical spine, including the spinous processes. Once theguide wire80 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that animplant700 in accordance with an embodiment of the present invention, can be positioned in the neck thorough an incision and along a line that is about perpendicular to theguide wire80 and directed at the end of theguide wire80. In an embodiment, theimplant6700 can include adistraction guide6710, aspacer6720, arod6715 extending through thespacer6720, and deployable first andsecond wings6730,6760. Theimplant6700 can have a substantially flat profile to ease implantation, as described above. Theimplant6700 is inserted into the neck of the patient. Preferably during insertion, thedistraction guide6710 pierces or separates the tissue without severing the tissue.
• Once theimplant6700 is satisfactorily positioned, thefirst wing6730 and thesecond wing6760 can be deployed. As described above, thesecond wing6760 can be deployed by urging therod6715 in a direction opposite the direction of insertion along thelongitudinal axis6725. As therod6715 travels through thespacer6720, hinged structures6750-6753 contact the spacer66720, buckle and extend away from therod6715 two form anupper end6762 of the second wing and alower end6764 of the second wing. Whensecond wing6760 is satisfactorily deployed, therod6715 can be fixed in place relative to thespacer6720 using afirst stop6782, a pin, or some other mechanism. Thefirst wing6730 can be deployed by urging the hinged structures6754-6757 toward thespacer6720, causing the hinged structures6754-6757 to buckle and extend away from one another to form anupper end6732 of the second wing and alower end6734 of the second wing. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to theimplant6700. A minimally invasive surgical method for implanting an alternative embodiment of animplant6900 in the cervical spine is disclosed and taught herein. In this method, as shown inFIG. 72, preferably aguide wire80 is inserted through a placement network or guide90 into the neck of the implant recipient. Theguide wire80 is used to locate where theimplant6900 is to be placed relative to the cervical spine, including the spinous processes. Once theguide wire80 is positioned with the aid of imaging techniques, an incision is made on the side of the neck along a line that is about perpendicular to theguide wire80 and directed at the end of theguide wire80. Thecannula6995 is fed through the incision and positioned between the targeted adjacent spinous processes. In an embodiment, theimplant6900 can include adistraction guide6910, aspacer6920, arod6915 extending through thespacer6920, and deployable first andsecond wings6930,6960. Theimplant6900 can have a substantially circular cross-section to roughly conform with an inside surface of thecannula6995. Theimplant6900 is urged through thecannula6995 and into position between the adjacent spinous processes so that thesecond wing6960 hinge structures are clear of thecannula6995, as described above in reference toFIG. 68B. Thesecond wing6960 is then deployed by urging therod6915 in a direction opposite the direction of insertion along thelongitudinal axis6925. As therod6915 travels through thespacer6920, hinged structures6950-6953 contact thespacer6920, buckle and extend away from therod6915 two form anupper end6962 of the second wing and alower end6964 of the second wing. Whensecond wing6960 is satisfactorily deployed, thecannula6995 can be retracted to expose the hinged structures6954-6957 of thefirst wing6930. Thefirst wing6930 can be deployed by urging the hinged structures6954-6957 toward thespacer6920, causing the hinged structures6954-6957 to buckle and extend away from one another to form anupper end6932 of the second wing and alower end6934 of the second wing. Once thefirst wing6930 is deployed, therod6915 can optionally be shortened, and thecannula6995 can be withdrawn from the incision. The incision can then be closed.
• The foregoing description of the present invention have been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to practitioners skilled in this art. The embodiments were chosen and described in order to best explain the principles of the invention and its practical application, thereby enabling others skilled in the art to understand the invention for various embodiments and with various modifications as are suited to the particular use contemplated. It is intended that the scope of the invention be defined by the following claims and their equivalents.
• Interspinous Implants
• FIG. 73A is a perspective view of an implant as described in U.S. patent application Ser. No. 10/850,267, filed May 20, 2004, incorporated herein by reference. Theimplant7100 comprises afirst wing7130, aspacer7120, and a lead-in tissue expander (also referred to herein as a distraction guide)7110. Thedistraction guide7110 in this particular embodiment is wedge-shaped, i.e., the implant has an expanding cross-section from a proximal end of theimplant7100 to a region7150 where theguide7110 joins with the spacer7120 (referencing for the figures is based on the point of insertion of the implant between spinous processes). As such, thedistraction guide7110 functions to initiate distraction of the soft tissue and the spinous processes when theimplant7100 is surgically inserted between the spinous processes. It is to be understood that thedistraction guide7110 can be pointed and the like, in order to facilitate insertion of theimplant7100 between the spinous processes of adjacent cervical vertebrae. It is advantageous that the insertion technique disturb as little of the bone and surrounding tissue or ligaments as possible in order to reduce trauma to the site and promote early healing, and prevent destabilization of the normal anatomy. For embodiments such as those ofFIGS. 73A and 73B, there is no requirement to remove any of the bone of the spinous processes and no requirement to sever, or remove from the body, ligaments and tissues immediately associated with the spinous processes. For example, it is unnecessary to sever the supraspinal ligament of the lower vertebrae or the ligamentum nuchae (which corresponds to the supraspinal ligament) which partially cushions the spinous processes of the upper cervical vertebrae. As can be seen, thespacer7120 can be teardrop-shaped in cross-section perpendicular to alongitudinal axis7125 of theimplant7100. In this way, the shape of thespacer7120 can roughly conform to a wedge-shaped space, or a portion of the space, between adjacent spinous processes within which theimplant7100 is to be positioned. As shown inFIG. 1A, the spacer7120 (and the first wing7108) is shaped to accommodate the anatomical form or contour of spinous processes (and/or laminae) of the C6 and C7 vertebra for placement between such spinous processes (i.e., the C6-C7 motion segment). The same shape or variations of this shape can be used to accommodate other motion segments, for example in the thoracic or lumbar regions. In other embodiments thespacer7120 can have alternative shapes such as circular, wedge, oval, ovoid, football, and rectangular with rounded corners, and other shapes. The shape of thespacer7120 can be selected for a particular patient so that the physician can position theimplant7100 as close as possible to the anterior portion of the surface of the spinous process. The shape selected for thespacer7120 can affect the contact surface area of theimplant7100 and the spinous processes that are to be subject to distraction. Increasing the contact surface area between theimplant7100 and the spinous processes can distribute a load force between the spinous frame and theimplant7100. Thefirst wing7130 is likewise teardrop-shaped in cross-section perpendicular to alongitudinal axis7125 of thespacer7120 anddistraction guide7110. The dimensions of thefirst wing7130 can be larger than that of thespacer7120, particularly along the axis of the spine, and can limit or block lateral displacement of theimplant7100 in the direction of insertion along thelongitudinal axis7125. As with thespacer7120, thefirst wing7130 can have other cross-sectional shapes, such as elliptical, wedge, circular, oval, ovoid, football, and rectangular with rounded corners and other shapes.
• Theimplant7100 ofFIG. 73A further includes an adjustable wing7160 (also referred to herein as a second wing) separate from thedistraction guide7110, thespacer7120 and thefirst wing7130. Thesecond wing7160 is connectable with the distraction guide7110 (and/or the spacer7120) once theimplant7100 is positioned between adjacent spinous processes. Thesecond wing7160, similar to thefirst wing7130, can limit or block lateral displacement of theimplant7100, however displacement is limited or blocked in the direction opposite insertion. When both thefirst wing7130 and thesecond wing7160 are connected with theimplant7100 and theimplant7100 is positioned between adjacent spinous processes, a portion of the spinous processes can be sandwiched between thefirst wing7130 and thesecond wing7160, limiting displacement along thelongitudinal axis7125. As can be seen, thesecond wing7160 can be teardrop-shaped in cross-section. Alip7180 defining aspace7170 through thesecond wing7160 allows thesecond wing7160 to pass over thedistraction guide7110 to meet and connect with thedistraction guide7110 and/or thespacer7120. Thesecond wing7160 is then secured to thedistraction guide7110 and/or thespacer7120. Thesecond wing7160, can be designed to be interference-fit onto thespacer7120 or a portion of thedistraction guide7110 adjacent to thespacer7120. Where thesecond wing7160 is interference-fit, there is no additional attachment device to fasten thesecond wing7160 relative to the remainder of theimplant7100.
• Alternatively, various fasteners can be used to secure thesecond wing7160 relative to the remainder of theimplant7100. For example,FIG. 73A illustrates an embodiment of animplant7100 including a teardrop-shapedsecond wing7160 having atongue7158 at the posterior end of thesecond wing7160. Abore7155 is disposed through thetongue7158, and is aligned with acorresponding bore7156 on thespacer7120 when thesecond wing7160 is brought into position by surgical insertion relative to the rest of theimplant7100. A threadedscrew7154 can be inserted through the aligned bores7155,7156 in a posterior-anterior direction to secure thesecond wing7160 to thespacer7120. The direction of insertion from a posterior to an anterior direction has thescrew7154 engaging thebores7155,7156 and the rest of theimplant7100 along a direction that is generally perpendicular to thelongitudinal axis7125. This orientation is most convenient when the physician is required to use ascrew7154 to secure thesecond wing7160 to the rest of theimplant7100. Thesecond wing7160 can further be secured to thespacer7120 by some other mechanism, for example such as a flexible hinge (not shown) with a protrusion that engages an indentation of one of thedistraction guide7110 and thespacer7120. Alternatively, thesecond wing7160 can be secured to one of thedistraction guide7110 and thespacer7120 by still some other mechanism.
• FIG. 73B is a perspective view of an implant as described in U.S. Pat. No. 6,695,842 to Zucherman, et at, incorporated herein by reference. Theimplant7200 has a main body that includes aspacer7220, afirst wing7230, a lead-in tissue expander7210 (also referred to herein as a distraction guide) and analignment track7203. The main body of theimplant7200 is inserted between adjacent spinous processes and remains in place (where desired) without attachment to the bone or ligaments.
• Thedistraction guide7210 includes a tip from which thedistraction guide7210 expands, the tip having a diameter sufficiently small such that the tip can pierce an opening in an interspinous ligament and/or can be inserted into a small initial dilated opening. The diameter and/or cross-sectional area of thedistraction guide7210 gradually increases until it is substantially similar to the diameter of thespacer7220. The tapered front end eases the ability of a physician to urge theimplant7200 between adjacent spinous processes. When urging the main body of theimplant7200 between adjacent spinous processes, the front end of thedistraction guide7210 distracts the adjacent spinous processes and dilates the interspinous ligament so that a space between the adjacent spinous processes is approximately the diameter of thespacer7220.
• As shown inFIG. 73B, thespacer7220 is elliptically shaped in cross-section, and can swivel so that thespacer7220 can self-align relative to the uneven surfaces of the spinous processes. Self-alignment can ensure that compressive loads are distributed across the surface of the bone. As contemplated in Zucherman '842, thespacer7220 can have, for example, a diameter of six millimeters, eight millimeters, ten millimeters, twelve millimeters and fourteen millimeters. These diameters refer to the height by which thespacer7220 distracts and maintains apart the spinous process. For an elliptically shaped spacer7220, the selected height (i.e., diameter) is the minor dimension measurement across the ellipse. The major dimension is transverse to the alignment of the spinous process, one above the other.
• Thefirst wing7230 has alower portion7231 and anupper portion7232. Theupper portion7232 is shaped to accommodate the anatomical form or contour of spinous processes (and/or laminae) of the L4 (for an L4-L5 placement) or L5 (for an L5-S 1 placement) vertebra. The same shape or variations of this shape can be used to accommodate other motion segments, such as motion segments in the cervical and thoracic regions. Thelower portion7231 can also be rounded to accommodate the spinous processes. Thelower portion7231 andupper portion7232 of thefirst wing7230 act as a stop mechanism when theimplant7200 is inserted between adjacent spinous processes. Theimplant7200 cannot be inserted beyond the surfaces of thefirst wing7230. Additionally, once theimplant7200 is inserted, thefirst wing7230 can prevent some side-to-side, or posterior-to-anterior movement of theimplant7200. As with theimplant7100 ofFIG. 73A, theimplant7200 ofFIG. 73B further includes asecond wing7260. Similar to thefirst wing7230, thesecond wing7260 includes alower portion7261 and anupper portion7262 sized and/or shaped to accommodate the anatomical form or contour of the spinous processes and/or lamina. Thesecond wing7260 can be secured to the main body of theimplant7200 with afastener7254. Thesecond wing7260 also has analignment tab7268. When thesecond wing7260 is initially placed on the main body of theimplant7200, thealignment tab7268 engages thealignment track7203. Thealignment tab7268 slides within thealignment track7203 and helps to maintain theadjustable wing7260 substantially parallel with thefirst wing7230. When the main body of theimplant7200 is inserted into the patient and thesecond wing7260 has been attached, displacement along thelongitudinal axis7225 in either the direction of insertion or the direction opposite insertion can be limited or blocked.
• Further, thesecond wing7260 also can prevent some side-to-side, or posterior-to-anterior movement.
• For both theimplant7100 ofFIG. 73A and theimplant7200 ofFIG. 73B, where asecond wing7160,7260 is connected with theimplant7100,7200 after theimplant7100,7200 is positioned between the spinous processes, a procedure for positioning such animplant7100,7200 and subsequently connecting thesecond wing7160,7260 with theimplant7100,7200 can require a bilateral approach wherein a physician must access both sides of the interspinous ligament, a first side to pierce and/or distract the interspinous ligament and position theimplant7100,7200 so that the movement in the direction of insertion is satisfactorily limited by thefirst wing7130,7230, and a second side to attach thesecond wing7160,7260 such that movement in the direction opposite insertion is satisfactorily limited by thesecond wing7160,7260.
• Implants Having a Lead-in Screw
• Referring toFIGS. 74A through 75C,implants7300 and methods for positioning such implants in accordance with the present invention can include, in an embodiment, aframe7302 having acentral body7304 extending along alongitudinal axis7325 of theimplant7300. Thecentral body7304 can include adistraction guide7306 at a proximal end of thecentral body7304. Thedistraction guide7306 can have a tapered shape so that thedistraction guide7306 can pierce and/or distract an interspinous ligament associated with the targeted motion segment. Afirst wing7330 extends from a distal end of thecentral body7304 and acts to limit or block movement of theimplant7300 along thelongitudinal axis7325 in the direction of insertion.
• A substantially thread-shaped lead-in screw (also referred to herein as a second wing)7360 extends from the periphery of thecentral body7304 distally located relative to thedistraction guide7306. For example, the second wing can be helical shaped, wherein a helical shape is generally a three-dimensional curve that lies on a cylinder or a cone, so that its angle to a plane perpendicular to the axis is constant. Helical shapes as described herein need not lie along a constant angle, but rather can lie along an angle that varies. A helical shape need only include a curve that has a gap7361 (also referred to herein as a groove) between overlapping surfaces such that structures related to the adjacent spinous processes and the spinous processes can pass within thegroove7361. It is to be understood that a lead-in screw shape other than helical is within the spirit and scope of the invention. For example, a shape with a constant diameter thread, or with different or constant thread pitches can be used. Generally and preferably thesecond wing7360 can have an outer diameter that steadily increases from near the proximal end of thecentral body7304 distally toward thefirst wing7330. Thesecond wing7360 terminates so that a spacer7320 (FIG. 74B) can be arranged between thesecond wing7360 and thefirst wing7330. The helical shape of thesecond wing7360 can facilitate implantation between adjacentspinous processes2,4 (shown inFIGS. 75A-75E) from one or more incisions formed on one side of aninterspinous ligament6 extending between the adjacentspinous processes2,4.
• Implantation can be accomplished in such embodiments as described above by initially piercing or distracting theinterspinous ligament6 with thedistraction guide7306, and subsequently rotating thecentral body7304. One or both of theinterspinous ligament6 and the adjacentspinous processes2,4 slip within thegroove7361 of the helically shapedsecond wing7360 as thecentral body7304 is rotated and thecentral body7304 is drawn or urged along thelongitudinal axis7325 in the direction of insertion. Theinterspinous ligament6 and/or associatedspinous processes2,4 travels along thegroove7361 and therefore along thecentral body7304, causing thesecond wing7360 to be positioned, when theimplant7300 is seated, at an opposite side of theinterspinous ligament6 from thefirst wing7330 such that theinterspinous ligament6 is disposed between thefirst wing7330 and thesecond wing7360 along thelongitudinal axis7325. Arranging theinterspinous ligament6, and/or the associatedspinous processes2,4 between thefirst wing7330 and thesecond wing7360 limits or blocks movement along thelongitudinal axis7325. In some embodiments, thedistraction guide7306 can have a generally conical shape, rather than a wedge-shape as described above in reference toFIGS. 73A and 73B. Where thedistraction guide7306 includes a wedge-shape, rotation of thecentral body7304 can cause thedistraction guide7306 to distract the adjacentspinous processes2,4 and/or interspinous ligament6 a distance according to the major dimension of thedistraction guide7306. Referring toFIG. 74A, as with thedistraction guide7306, thefirst wing7330 has a rounded shape, having substantially the same minor and major dimension. Thefirst wing7330 is shaped so that thefirst wing7330 can rotate along with thecentral body7304 while minifying interference from surrounding structures. Further, the rounded shape of thefirst wing7330 can accommodate slots as described below, while providing a surface to contact the adjacentspinous processes2,4 during implantation, thereby limiting movement along thelongitudinal axis7325 in the direction of insertion. However, in other embodiments, thefirst wing7330 need not have a rounded shape.
• Thefirst wing7330 can include one or more slots to receive aspacer7320 so that thespacer7320 can be arranged over thecentral body7304 between thesecond wing7360 and thefirst wing7330. As shown, thefirst wing7330 includes twoslots7332,7334 having a substantially arced shape, and arranged in opposition to one another. The maximum distance between the peripheries of theslots7332,7334 can substantially define a minor (or alternatively a major) dimension of thespacer7320. Theslots7332,7334 preferably have inner surfaces that transition to the outer surface of thecentral body7304, so that when aspacer7320 is urged through theslots7332,7334, thespacer7320 abuts thecentral body7304, thereby allowing a portion of a load to be transferred to thecentral body7304. In other embodiments, one or more slots can be disposed through thefirst wing7330 and can be shaped as desired, such that the one or more slots having the same or different geometries.
• FIG. 74B is a perspective view of thespacer7320 having a geometry adapted to be received over theframe7302 described above. Thespacer7320 includes atop portion7322 and abottom portion7324. (It should be noted that some components of the implant are referred to herein as “top” and “bottom” components; however, positional modifiers are attached merely to distinguish between similar components and are not meant to limit use of the invention.) Thetop portion7322 and thebottom portion7324 have outer surfaces that support a respective adjacentspinous process2,4 and inner surfaces that abut thecentral body7304. As shown, a portion of the inner surfaces of thetop portion7322 and thebottom portion7324 are grooved so as to approximately conform with a shape of thecentral body7304, thereby spreading a load across the outer surface of thecentral body7304. The outer surfaces are arced, and generally shaped to resemble the outer periphery of theslots7332,7334 of thefirst wing7330. In other embodiments, for example where the central body is trapezoidal, or otherwise shaped, thetop portion7322,bottom portion7324, and correspondingslots7332,7334 can be similarly shaped to accommodate thecentral body7304. Alternatively, thecentral body7304 can have an irregular or non-symmetrical shape to prevent incorrect mating of thespacer7320 with theframe7302. One of ordinary skill in the art will appreciate the myriad variations with which the structures can be shaped.
• As can be seen, thetop portion7322 and thebottom portion7324 include respective lead-intissue expanders7321,7323 (also referred to herein as a distraction guides). Thedistraction guide7321,7323 for thetop portion7322 and thebottom portion7324 can taper at the proximal end of thespacer7320, thereby allowing thedistraction guide7306 to distract one or both of the adjacentspinous processes2,4 and/orinterspinous ligament6.
• As can be seen, thetop portion7322 and thebottom portion7324, taken together in cross-section perpendicular to alongitudinal axis7325, can have a split teardrop shape, similar to a cross-section of thespacer7120 ofFIG. 73A. In this way, the shape of thespacer7320 can roughly conform to a wedge-shaped space, or a portion of the space, between adjacent spinous processes within which theimplant7300 is to be positioned. The same shape or variations of this shape can be used to accommodate different motion segments and/or different patients, as described above. In other embodiments thespacer7320 can have alternative shapes such as circular, elliptical, wedge, oval, ovoid, football, and rectangular with rounded corners, and other shapes. The shape of thespacer7320 can be selected for a particular patient so that the physician can position theimplant7300 as close as possible to the anterior portion of the surface of the spinous process. The shape selected for thespacer7320 can affect the contact surface area of theimplant7300 and the spinous processes that are to be subject to distraction. Increasing the contact surface area between theimplant7300 and the spinous processes can distribute a load force between the spinous frame and theimplant7300.
• Thetop portion7322 and thebottom portion7324 extend from abase7326 and are fixed in relative position by thebase7326. As can be seen, thebottom portion7324 extends farther than thetop portion7322. As will be described in further detail below, thetop portion7322 is truncated in length along thelongitudinal axis7325 relative to thebottom portion7324 to avoid contacting thesecond wing7360 which in the embodiment shown inFIG. 74A spirals to a termination point at the upper surface of thecentral body7304. An additional advantage with the truncatedtop portion7322 is that the spinous processes are distracted more gradually, first with thebottom portion7324 and then with thetop portion7322 as thespacer7320 is inserted into theframe7302. Thebase7326 can have a length along thelongitudinal axis7325 as desired, and preferably having a length sufficient to support thetop portion7322 and thebottom portion7324 in an at least semi-rigid position relative to one another. Thebase7326 can include acavity7329 for receiving one or both of an insertion tool and a fastener (not shown). Thecavity7329 can correspond to a threadedcavity7309 disposed in thecentral body7304 so that, for example, theframe7302 and thespacer7320 can be fixedly attached, with by way of example only a screw, once thespacer7320 is seated.
• FIG. 74C is a perspective view of theimplant7300 wherein thespacer7320 is seated within theframe7302 and arranged over thecentral body7304. As can be seen, thebottom portion7324 of thespacer7320 extends further than thetop portion7322, and is unobstructed by thesecond wing7360, which spirals partially above thebottom portion7324. Thefirst wing7330 and thesecond wing7360 have major dimensions approximately along the axis of the spine that are larger than the major dimension of thespacer7320, thereby blocking or limiting movement of theimplant7300 along thelongitudinal axis7325.
• FIGS. 75A through 75E are partial cross-sectional posterior views illustrating theimplant7300 being positioned between adjacent spinous processes.FIG. 75A illustrates the distraction guide of theframe7302 positioned adjacent to theinterspinous ligament6 of the targeted motion segment. Theframe7302 can be urged against theinterspinous ligament6 to pierce and/or distract theinterspinous ligament6. Theframe7302 can further be urged into theinterspinous ligament6 along thelongitudinal axis7325 until thesecond wing7360 contacts theinterspinous ligament6. Referring toFIG. 75B, theframe7302 can then be rotated and urged toward theinterspinous ligament6 so that thesecond wing7360 passes through theinterspinous ligament6, which is thereby positioned between a portion of thesecond wing7360 and thefirst wing7330 along thelongitudinal axis7325. Theinterspinous ligament6 and the adjacentspinous processes2,4 are substantially disposed within agroove7361 between the surfaces of thesecond wing7360 that overlap along thelongitudinal axis7325. Referring toFIG. 75C, theframe7302 can be further rotated and urged into theinterspinous ligament6 until the entiresecond wing7360 is substantially arranged so that theinterspinous ligament6 is disposed between thefirst wing7330 and thesecond wing7360. Theframe7302 can be further rotated so that theslots7332,7334 are arranged to receive thespacer7320 such that a load applied to thespacer7320 is sufficiently distributed across the surface of the spacer7320 (i.e., thespacer7320 approximately conforms to a space between the contact surfaces of adjacentspinous processes2,4 of the targeted motion segment). Referring toFIGS. 75D and 75E, once theframe7304 is arranged as desired, thetop portion7322 and thebottom portion7324 can be positioned within the correspondingslots7332,7334 and urged over thecentral body7304 so that thetop portion7322 andbottom portion7324 further distract theinterspinous ligament6 and/or the adjacentspinous processes2,4. Thespacer7320 can be urged in the direction of insertion until thebase7326 is seated against thefirst wing7330. In a preferred embodiment, thetop portion7322 and thebottom portion7324 can be arranged so that thetop portion7322 andbottom portion7324 are approximately in contact or near-contact with thesecond wing7360, so that thespacer7320 fully supports a load applied by the adjacentspinous processes2,4, without slippage.
• FIG. 76A is an end view of theimplant7300 positioned between the adjacentspinous processes2,4 of the targeted motion segment. As can be seen, thebase7326 is arranged at a slight angle relative to the axis of the spine. As can be seen, the upperspinous process2 includes a lower contact surface that arcs slightly downward, and the lowerspinous process4 includes an upper contact surface that also arcs slightly downward. Arranging theimplant7300 as shown can increase the overall contact surface between the adjacentspinous processes2,4 and thespacer7320 over, for example, inserting theimplant7300 so that thebase7326 is aligned perpendicular to the axis of the spine. Increasing overall contact surface can reduce the stress applied from the motion segment to thespacer7320, and from the spacer to the adjacentspinous processes2,4.
• As can further be seen, thebase7326 can include acavity7329 that in an embodiment is a bore having a diameter larger than a diameter of acorresponding cavity7309 of thefirst wing7330. Such a feature can be receive an insertion tool (not shown) for assisting in implantation, or such a feature can receive a fastener (not shown), such as a screw or bolt to secure thespacer7320 to theframe7302. Abore7329 having a larger diameter than thecavity7309 of theframe7302 can allow a head of the fastener to be received so that the head does not extend beyond a distal face of thebase7326. In other embodiments, thebase7326 can include one or more additional cavities for receiving lock pins, or other features of an insertion tool (not shown), for example as described in U.S. Pat. No. 6,712,819, entitled “Mating Insertion Instruments for Spinal Implants and Methods of Use,” issued Mar. 30, 2004 to Zucherman, et al.
• FIG. 76B is a front view of theimplant7300 positioned between the adjacentspinous processes2,4 of the targeted motion segment. As can be seen, thesecond wing7360 is helical in shape and can limit or block motion in a direction opposite insertion by contacting the upperspinous process2.
• Further, a portion of thesecond wing7360 can contact the lowerspinous process4. Although thesecond wing7360 as shown includes a helical shape somewhat similar to that of a conch shell, in other embodiments thesecond wing7360 can have a shape that varies from the shape shown. For example, the distal end of thesecond wing7360 can overlap the proximal end of thesecond wing7360 more or less than as shown. Alternatively, thesecond wing7360 can be formed in two or more broken sections, rather than an unbroken spiral. Still further, thesecond wing7360 can include slots for receiving a proximal piece of the upper andlower portions7322,7324 of thespacer7320. Myriad different variations of the shape shown inFIGS. 75A-76B will be readily apparent to one of skill in the art upon understanding the structure shown. Implants in accordance with the present invention are not intended to be limited to those described and shown herein, but rather apply to all such implants that utilize a wing having a major dimension larger than a major dimension of a space between spinous processes, wherein the wing can be appropriately positioned by rotating the implant while urging the implant in a direction of insertion.
• Referring now toFIGS. 77A through 77C, an alternative embodiment of animplant7400 in accordance with an embodiment of the present invention is shown.FIG. 77A is a perspective view of theframe7402 including acentral body7404 having adistraction guide7406 at a proximal end, and analignment protrusion7408 at a distal end. As can be seen, thesecond wing7460 is similar to thesecond wing7460 described above. Thealignment protrusion7408 extends from thecentral body7404 to align aspacer7420 as thespacer7420 is arranged over thecentral body7404, and to prevent thespacer7420 from subsequently rotating relative to theframe7402 once implanted. Thus, thealignment protrusion7408 corresponds to a notch7427 within thespacer7420 within which thecentral body7404 is partially disposed.
• FIG. 77B is a perspective view of thespacer7420. Thespacer7420 includes abore7428 disposed at least partially through thespacer7420, and including a notch7427 along the length of thebore7428 to receive thealignment protrusion7408 of theframe7402. The proximal end of thespacer7420 can be tapered to form adistraction guide7426 to distract theinterspinous ligament6 and/or the adjacentspinous processes2,4 of the motion segment. Similarly to therotatable spacer7220 ofFIG. 73B, and theimplant7300 ofFIGS. 74A-74C, theimplant7400 can be further rotated or adjusted to distribute a load once thespacer7420 is positioned over theframe7404 and between thespinous processes2,4. As above, thespacer7420 can have a cross-section perpendicular to thelongitudinal axis7425 that is teardrop-shaped, similar to a cross-section of thespacer7120,7320 ofFIGS. 73A and 74A. In this way, the shape of thespacer7420 can roughly conform to a wedge-shaped space, or a portion of the space, between adjacentspinous processes2,4 within which theimplant7400 is to be positioned. The same shape or variations of this shape can be used to accommodate different motion segments and/or different patients, as described above. In other embodiments thespacer7420 can have alternative shapes such as circular, elliptical, wedge, oval, ovoid, football, and rectangular with rounded corners, and other shapes. The shape of thespacer7420 can be selected for a particular patient so that the physician can position theimplant7400 as close as possible to the anterior portion of the surface of thespinous process2,4. The shape selected for thespacer7420 can affect the contact surface area of theimplant7400 and thespinous processes2,4 that are to be subject to distraction. Increasing the contact surface area between theimplant7400 and thespinous processes2,4 can distribute a load force between the spinous frame and theimplant7400.
• Thespacer7420 ofFIG. 77B extends from afirst wing7430 integrally formed or connected with thespacer7420. As can be seen, a proximal end of thespacer7420 varies in length, extending farther near the bottom section of thespacer7420 to correspond roughly with the helical shape of thesecond wing7460, thereby avoiding contacting thesecond wing7460 which in the embodiment shown inFIG. 77A spirals to a termination point at the upper surface of thecentral body7404. As above, once theframe7404 is arranged as desired, thespacer7420 can be positioned over the central body404 and urged over thecentral body7404 so that thespacer7420 further distracts the interspinous ligament and/or the adjacent spinous processes. Thespacer7320 can be urged in the direction of insertion until thecentral body7404 is seated within thebore7428. In a preferred embodiment, the shape of the proximal end of thespacer7420 is shaped such that when seated, the proximal end is approximately in contact or near-contact with thesecond wing7460, so that thespacer7420 fully supports a load applied by the adjacent spinous processes, without slippage.
• Thefirst wing7430 can have a depth along thelongitudinal axis7425 as desired, and a width such that thefirst wing7430 can contact one or both of the adjacentspinous processes2,4, thereby limiting or blocking moving of theimplant7400 in the direction of insertion along thelongitudinal axis7425. As shown, thefirst wing7430 has a rounded shape, having substantially the same minor and major dimension. Unlike the embodiment of theimplant7300 ofFIGS. 74A-74C, thefirst wing7430 need not rotate to properly arrange thesecond wing7460, therefore thefirst wing7430 need not have a round shape, where it is desired that thesecond wing7460 have some other shape. For example, thefirst wing7430 can include a shape similar to that shown inFIG. 73B. Thefirst wing7430 can include a cavity7429 for receiving one or both of an insertion tool (not shown). Further, thecentral body7404 can optionally include a cavity7409 so that, for example, theframe7402, thespacer7420, and thefirst wing7430 can be fixedly attached once thespacer7420 is seated.
• FIG. 77C is a perspective view of theimplant7400 wherein thespacer7420 is positioned to be seated on theframe7402 and arranged over thecentral body7404. Thefirst wing7430 and thesecond wing7460 have major dimensions approximately along the axis of the spine that are larger than the major dimension of thespacer7420, thereby blocking or limiting movement of theimplant7400 along thelongitudinal axis7425.FIG. 78 is a posterior view of animplant7400 as described inFIGS. 77A-77C disposed between the adjacent spinous processes.
• In some embodiments ofsystems including implants7300,7400 similar to those shown inFIGS. 74A-77C, multipledifferent spacers7320,7420 can be selectively associated with asingle frame7302,7402 so that a physician can choose an appropriately sized and shaped spacer7320,7420 to accommodate a patient's anatomy. In embodiments including acentral body7304 extending from afirst wing7330, the distance between the outer peripheries of the twoslots7332,7334 can correspond to a maximum spacer size (e.g., 14 mm). In embodiments including acentral body7404 having analignment protrusion7408, a series ofspacer7420 can have varying dimensions and/or shapes, and can have similarlysized cavities7428 to receive thecentral body7404. As can be readily understood from this description, a system in accordance with embodiments of the present invention can include aframe7302,7402 and a plurality ofspacers7320,7420 having varying sizes and/or shapes.
• As mentioned above, implants, and systems and methods for positioning such implants between spinous processes in accordance with the present invention are not meant to be limited to embodiments as described above and otherwise herein, but rather are meant to include all such implants that utilize a wing having a major dimension larger than a major dimension of a space between spinous processes, wherein the wing can be appropriately positioned by rotating the implant while urging the implant in a direction of insertion. Myriad different variations may be readily apparent to one of ordinary skill in the art. For example, as shown inFIGS. 79A through 79C, in still another embodiment of an implant7500 in accordance with the present invention, theframe7502 can include an innercentral body7504 disposed within an outercentral body7505, with a proximal portion of asecond wing7560 being connected with, or extending from the innercentral body7504, and the distal portion of thesecond wing7560 being connected with, or extending from the outercentral body7505. Once theframe7502 is arranged as desired, such that the interspinous ligament is disposed between afirst wing7330 and thesecond wing7560, the innercentral body7504 can be shifted to a position more fully received in the outercentral body7505 so that thesecond wing7560 collapses, reducing the space occupied by thesecond wing7560.
• In such embodiments as shown inFIGS. 79A through 79C, thesecond wing7560 can be made from a more ductile material so that thesecond wing7560 can be readily collapsed. Alternatively, thesecond wing7560 can be made from a shape memory material, for example such as Nitinol, so that once the frame is positioned thesecond wing7560 collapses, urging the innercentral body7504 to shift within the outercentral body7505. Additionally thesecond wing7560 can be made in two parts, one part fastened to the innercentral body7504, and one part fastened to the outercentral body7505. When the innercentral body7504 is more fully received into the outercentral body7505, the portion of thesecond wing7560 secure to the innercentral body7504 becomes nested in the portion of thesecond wing7560 connected to the outercentral body7505.
• As shown inFIG. 80, in a still further embodiment an implant7600 in accordance with the present invention can include adistraction guide7606 that tapers more gradually, so that the adjacent spinous processes and/or related tissues are distracted as the lead-in screw7660 is rotated and urged toward a direction of insertion, as described above.
• In still further embodiments, the spacer need not be fixed, but rather can be rotatably disposed over the central body. For example, the spacer can include an alignment notch, as described above with reference toFIG. 73B, so that when the central body is rotated, thereby threading the adjacent spinous processes and related structures within the groove of the thread-shaped wing and positioning the thread-shaped wing on an opposite side of the adjacent spinous processes, the spacer can be held in a fixed positioned. By fixing the spacer is position, the spacer can be arranged as desired between the adjacent spinous processes. Once the implant is positioned between adjacent spinous processes, the rotatable spacer can be released to conform within the space between spinous processes. These and other variations are within the scope of the invention as contemplated.
• Materials for Use in Implants of the Present Invention
• In some embodiments, the implant, and components of the implant (i.e., the spacer, the frame) can be fabricated from medical grade metals such as titanium, stainless steel, cobalt chrome, and alloys thereof, or other suitable implant material having similar high strength and biocompatible properties. Additionally, the implant can be at least partially fabricated from a shape memory metal, for example Nitinol, which is a combination of titanium and nickel. Such materials are typically radiopaque, and appear during x-ray imaging, and other types of imaging. Implants in accordance with the present invention, and/or portions thereof can also be fabricated from somewhat flexible and/or deflectable material. In these embodiments, the implant and/or portions thereof can be fabricated in whole or in part from medical grade biocompatible polymers, copolymers, blends, and composites of polymers. A copolymer is a polymer derived from more than one species of monomer. A polymer composite is a heterogeneous combination of two or more materials, wherein the constituents are not miscible, and therefore exhibit an interface between one another. A polymer blend is a macroscopically homogeneous mixture of two or more different species of polymer. Many polymers, copolymers, blends, and composites of polymers are radiolucent and do not appear during x-ray or other types of imaging. Implants comprising such materials can provide a physician with a less obstructed view of the spine under imaging, than with an implant comprising radiopaque materials entirely. However, the implant need not comprise any radiolucent materials.
• One group of biocompatible polymers is the polyaryletherketone group which has several members including polyetheretherketone (PEEK), and polyetherketoneketone (PEKK). PEEK is proven as a durable material for implants, and meets the criterion of biocompatibility. Medical grade PEEK is available from Victrex Corporation of Lancashire, Great Britain under the product name PEEK-OPTIMA. Medical grade PEKK is available from Oxford Performance Materials under the name
• OXPEKK, and also from CoorsTek under the name BioPEKK. These medical grade materials are also available as reinforced polymer resins, such reinforced resins displaying even greater material strength.
• In an embodiment, the implant can be fabricated from PEEK 450G, which is an unfilled PEEK approved for medical implantation available from Victrex. Other sources of this material include Gharda located in Panoli, India. PEEK 450G has the following approximate properties:

  	Property	Value

  	Density	1.3	g/cc
  	Rockwell M	99
  	Rockwell R	126
  	Tensile Strength	97	MPa
  	Modulus of Elasticity	3.5	GPa
  	Flexural Modulus	4.1	GPa

• PEEK 450G has appropriate physical and mechanical properties and is suitable for carrying and spreading a physical load between the adjacent spinous processes. The implant and/or portions thereof can be formed by extrusion, injection, compression molding and/or machining techniques.
• It should be noted that the material selected can also be filled. Fillers can be added to a polymer, copolymer, polymer blend, or polymer composite to reinforce a polymeric material. Fillers are added to modify properties such as mechanical, optical, and thermal properties. For example, carbon fibers can be added to reinforce polymers mechanically to enhance strength for certain uses, such as for load bearing devices. In some embodiments, other grades of PEEK are available and contemplated for use in implants in accordance with the present invention, such as 30% glass-filled or 30% carbon-filled grades, provided such materials are cleared for use in implantable devices by the FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to unfilled PEEK. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to have enhanced compressive strength and stiffness, and a lower expansion rate relative to unfilled PEEK. Carbon-filled PEEK also offers wear resistance and load carrying capability.
• As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention. As mentioned, the implant can be comprised of polyetherketoneketone (PEKK). Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), polyetheretherketoneketone (PEEKK), and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics. Reference to appropriate polymers that can be used in the implant can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/02158 A1, dated Jan. 10, 2002, entitled “Bio-Compatible Polymeric Materials;” PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials;” and, PCT Publication WO 02/00270 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials.” Other materials such as Bionate®, polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.
• Methods for Implanting Interspinous Implants
• A minimally invasive surgical method for implanting animplant7300 in the cervical spine is disclosed and taught herein. In this method, as shown inFIG. 81, preferably aguide wire7680 is inserted through aplacement network7690 into the neck of the implant recipient. Theguide wire7680 is used to locate where theimplant7300 is to be placed relative to the cervical spine, including the spinous processes. Once theguide wire7680 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that animplant7300 in accordance with an embodiment of the present invention, can be positioned in the neck thorough an incision and along a line that is about perpendicular to theguide wire7680 and directed at the end of theguide wire7680. Aframe7302 of theimplant7300 is inserted into the neck of the patient. Theframe7302 includes adistraction guide7306 extending from the proximal end of acentral body7304 and afirst wing7330 extending from the distal end of thecentral body7304. Theframe7302 further includes a helical-shapedsecond wing7360 extending distally from thedistraction guide7306 some distance along thecentral body7304. Preferably during insertion, thedistraction guide7306 pierces or separates the tissue without severing the tissue. Theframe7302 can be arranged so that thesecond wing7360 extending from thecentral body7304 is in contact or near contact with the interspinous ligament. Theframe7302 is then rotated in a direction so that the spiraling extension of thesecond wing7360 “grows” and theframe7302 is urged forward such that the adjacent spinous processes fit within a groove between spiraled surfaces of thesecond wing7360. Theframe7302 is continuously rotated until thesecond wing7360 has passed the adjacentspinous processes2,4.
• Theframe7302 can be further rotated untilslots7332,7334 of thefirst wing7330 are arranged as desired between the adjacentspinous processes2,4 of the targeted motion segment. Once theframe7302 is satisfactorily positioned, aspacer7320 can be mated with theframe7302 so that anupper portion7322 and alower portion7324 of thespacer7320 is received through therespective slot7332,7334 of the first wing7330 (or simply received over thecentral body7304 for example where thefirst wing7330 extends from thespacer7320 rather than extending form the central body7304). Thespacer7320 can be inserted along a line that is generally collinear with the line over which theframe7302 is inserted. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to theframe7302 and thespacer7320.
• Further, a minimally invasive surgical method for implanting animplant7300 in the lumbar spine is disclosed and taught herein. In this method, as shown in the flowchart ofFIG. 82, preferably a unilateral incision can be made using a posterior-anterior approach. The unilateral incision can be made, for example, at a location some distance to the right of an axis along thespinous process2,4 (Step7702). The incision can be enlarged, and a distraction tool can be positioned within the incision so that the proximal end of the distraction tool can access an exposed side of theinterspinous ligament6. The distraction tool can be urged through theinterspinous ligament6 and distracted, thereby distracting theinterspinous ligament6 so as to receive the implant7300 (Step7704). Once theinterspinous ligament6 is sufficiently distracted, the distraction tool can be disengaged and removed from the incision.
• Once the distraction tool has been removed from the incision, theframe7302 can be positioned at the dilated opening, and thedistraction guide7306 of theframe7302 can be urged through the dilated opening (Step7706). As above, theframe7302 can be arranged so that thesecond wing7360 extending from thecentral body7304 is in near contact with theinterspinous ligament6. Theframe7302 is then rotated in direction so that the spiraling extension of thesecond wing7360 “grows”, and theframe7302 urged forward such that the adjacentspinous processes2,4 fit within a groove between surface of the second wing7360 (Step7708). Theframe7302 is continuously rotated until thesecond wing7360 has passed the adjacentspinous processes2,4. Theframe7300 can be further rotated until theslots7332,7334 are arranged as desired between the adjacent spinous processes of the targeted motion segment. Theframe7302 is free to rotate so that the load can be distributed more evenly over the surface of the spinous processes. Once theframe7302 is satisfactorily positioned, aspacer7320 can be inserted withslots7322,7324 of afirst wing7330 extending from the distal end of the central body7304 (or simply received over the central body for example where the first wing extends from the spacer). Thespacer7320 can be inserted along a line that is generally collinear with the line over which theframe7302 is inserted (Step7710). The remaining tools can be removed from the incision, and the incision can be closed. Preferably during insertion, the distraction end pierces or separates the tissue without severing the tissue (Step7712). The foregoing description of the present invention have been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to practitioners skilled in this art. The embodiments were chosen and described in order to best explain the principles of the invention and its practical application, thereby enabling others skilled in the art to understand the invention for various embodiments and with various modifications as are suited to the particular use contemplated. It is intended that the scope of the invention be defined by the following claims and their equivalents.
• Interspinous Implant Having Slide-in Distraction Piece
• FIG. 83 is a perspective end view of an alternative embodiment of animplant8700 in accordance with the present invention. Theimplant8700 can include an initiatingpiece8704 and a slide-indistraction piece8702 adapted to be slidably coupled with the initiatingpiece8704.
• The initiatingpiece8704 and the slide-indistraction piece8702, when positioned between adjacent spinous processes and coupled together, can resembleimplants7100 as described above with reference toFIGS. 7-23. For example, theimplant8700 ofFIG. 83 includes afirst wing8730 at a distal end of theimplant8700, a fixed spacer8720 extending from thefirst wing8730, asecond wing8760 extending from thespacer8720 so that thespacer8720 is disposed between thefirst wing8730 and thesecond wing8760, and adistraction guide8710 at aproximal end8716 of theimplant8700.FIG. 84A is a perspective view of the initiatingpiece8704. The initiatingpiece8704 includes aslot8784 within a lower slidingsurface8794 that extends through a substantial portion of the length of the initiatingpiece8704, theslot8784 being adapted to receive arail8782 of the slide-indistraction piece8702. Theslot8784 extends a length at least as long as therail8782 and preferably does not extend through the entire initiatingpiece8704 so that thedistraction piece8702 is prevented from sliding out of position in the direction of insertion. As shown, theslot8784 includes aflange8785 along the periphery of theslot8784 to retain therail8782 within theslot8784. Theslot8784 is thus shaped to substantially conform with a “T” shaped cross-section of therail8782 so that when the slide-indistraction piece8702 is mated with the initiatingpiece8704 and therail8782 is seated within theslot8784, relative movement between thedistraction piece8702 and the initiatingpiece8704 is limited or substantially blocked, except along the longitudinal axis8725 in a direction opposite the direction of insertion. To limit or block movement along the longitudinal axis8725 in a direction opposite the direction of insertion, theslot8784 can include arecess8787 adapted to receive acatch8781 of therail8782 so that when thecatch8781 passes over therecess8787, thecatch8781 is extended, locking thedistraction piece8702 in place, and limiting or blocking movement in a direction opposite insertion. Alternatively, thecatch8781 can be extendably associated with theslot8784, while therecess8787 is formed within therail8782 for receiving thecatch8781.
• The initiatingpiece8704 includes alower distraction element8714 having a contact surface that tapers to theproximal end8716 from above as well as below theproximal end8716 so that thelower distraction element8714 has a “V” shape in cross-section along an axis of the spine. Such a geometry can ease implantation when compared with adistraction element8714 that tapers to the proximal end only from below (or above) theproximal end8716 by more evenly distributing a load force applied to thelower distraction element8714 by theinterspinous ligament6 during initial piercing and/or distraction of theinterspinous ligament6. The initiatingpiece8704 further includes alower portion8734 of the first wing, alower portion8764 of the second wing., and alower portion8724 of the spacer. In an embodiment, thelower portions8734,8764,8724 can be integrally formed as thelower distraction element8714, thereby avoiding discontinuities in a lower slidingsurface8794 of theinitiation piece8704. The lower slidingsurface8794 of the initiatingpiece8704 is substantially flat and preferably smooth to ease receipt of therail8782 within theslot8784. The lower slidingsurface8794 slopes upward relative to the longitudinal axis8725 from the distal end of the initiatingpiece8704 to the proximal end of the initiatingpiece8704. The slope of the lower slidingsurface8794 causes variation in thickness of thelower portion8724 of the spacer from the distal end of the spacer to the proximal end of the spacer. This slope aids in the distraction of the spinous processes upon insertion of thedistraction piece8702. Referring again toFIG. 83, the contact surfaces of theimplant8700 include relatively smooth transitions from thedistraction guide8710 to thesecond wing8760, and from thesecond wing8760 to thespacer8720. As described in greater detail below, during implantation the initiatingpiece8704 and thedistraction piece8702 are positioned as separate, single pieces. A relatively continuous surface with smooth transitions improves ease of implantation and minifies obstruction of the initiatingpiece8704 and thedistraction piece8702 by the adjacent spinous processes and/or related tissues. In contrast to implants as described with reference toFIGS. 7-23, it is preferable that thedistraction piece8702 and the initiatingpiece8704 have smoother transitions between thedistraction guide8710, thesecond wing8760, and thespacer8720, as such transitions even further lessen the obstruction to the movement of the implant during implantation.
• Thelower portion8734 of the first wing can further optionally include one ormore cavities8770 for receiving prongs of an insertion tool. As shown inFIGS. 84A through 84C, the initiatingpiece8704 includes twocavities8770 extending from the distal end of the initiatingpiece8704 toward theproximal end8716, with onecavity8770 being arranged on each side of thelower portion8734 of the first wing. Eachcavity8770 can be sized to receive a prong of the insertion tool. Thecavity8770 can further include agroove8772 extending perpendicular to thecavity8770. Referring toFIGS. 84B and 84C, aprong8795 of aninsertion tool8794 can include, in an embodiment, aprotrusion8796 that fits within thegroove8772. When the prong is inserted into thecavity8770 and rotated approximately 90 degrees (FIG. 84C) so that the protrusion is rotated into thegroove8772, the prong is “locked” within thecavity8770. Once the prongs of the insertion tool are arranged in a locked configuration, theimplant8700 can be releasably guided into position between the adjacent spinous processes.
• FIG. 85A is a posterior view of the initiatingpiece8704 positioned adjacent to theinterspinous ligament6. As can be seen, the initiatingpiece8704 has a maximum thickness T from the lower slidingsurface8794 to thelower portion8764 of the second wing. In a preferred embodiment, the maximum thickness T of the initiatingpiece8704 is approximately the same as, or less than the thickness of thespacer8720 when the initiatingpiece8704 and thedistraction piece8702 are mated and theimplant8700 is positioned between the adjacentspinous processes2,4. Referring toFIG. 85B, as the initiatingpiece8704 is urged into theinterspinous ligament6, thelower distraction element8714 pierces and/or distracts the fibers of theinterspinous ligament6. As shown inFIG. 85C, the initiatingpiece8704 is further urged through theinterspinous ligament6 so that thelower portion8764 of the second wing passes between the adjacentspinous processes2,4 but preferably does not distract the space between the adjacentspinous processes2,4 beyond the maximum distraction height of thespacer8720. As shown inFIG. 85D, the initiatingpiece8704 is further urged through theinterspinous ligament6 so that thelower portion8724 of the spacer is approximately positioned between the adjacentspinous processes2,4. Note that in other embodiments, the maximum thickness T from the lower slidingsurface8794 to thelower portion8764 of the second wing can be greater than the ultimate thickness of thespacer8720 so that when the initiatingpiece8704 is positioned between adjacentspinous processes2,4, the space between thespinous processes2,4 is distracted to a height greater than the distraction height of thespacer8720. In such embodiments, thesecond wing8760 can potentially provide greater range of flexion motion (wherein the space between adjacent spinous processes increases) while assuring that the movement of theimplant8700 will be limited or blocked in a direction opposite insertion by thesecond wing8760.
• FIG. 86 is a flipped perspective end view of the slide-indistraction piece8702. Thedistraction piece8702 includes arail8782 extending over a substantial portion of the length of thedistraction piece8702, roughly corresponding to a length of theslot8784 of the initiatingpiece8704, within which therail8782 is adapted to be received. The height of therail8782 from the upper slidingsurface8792 to theflange8783 of therail8782 approximately corresponds to the depth of theslot8784 from the lower slidingsurface8794 to the bottom of theflange8785 of the slot, so that when therail8782 is received within theslot8784, the upper slidingsurface8792 of thedistraction piece8702 is substantially flush with the lower slidingsurface8794. In other embodiments, a gap can exist between the upper slidingsurface8792 and the lower slidingsurface8794. As described above, the surface of therail8782 includes acatch8781 arranged along the length of therail8782 so that thecatch8781 roughly corresponds to therecess8787 disposed within theslot8784. Thecatch8781 can have a sloped leading edge (from the proximal end to a distal end of the catch8781) and can be spring loaded, or otherwise biased so that thecatch8781 collapses when thedistraction piece8702 slides along the lower slidingsurface8794 of the initiatingpiece8704 and extends when passing over therecess8787. Thecatch8781 can have a trailing edge substantially perpendicular to theslot8784 so that thecatch8781 resists movement of thedistraction piece8702 in a direction opposite insertion. In other embodiments, thecatch8781 can be some other mechanism. For example, in an alternative embodiment, thecatch8781 can be a flexible hinge and protrusion similar in operation to that described inFIGS. 19A-20B. Still further thepieces8702,8704 can be flexible enough that thecatch8781 is molded into thepiece8702,8704 and can snap into therecess8787 in theother piece8702,8704. Thedistraction piece8702 includes anupper distraction element8712 having a contact surface that tapers so that the upper distraction element712 has a ramp shape. Thedistraction piece8702 further includes anupper portion8732 of the first wing, anupper portion8762 of the second wing., and anupper portion8722 of the spacer. In an embodiment, theupper portions8732,8762,8722 can be integrally formed with theupper distraction element8712, thereby avoiding discontinuities in an upper slidingsurface8792 of thedistraction piece8702. As with the lower sliding surface8790, the upper slidingsurface8792 of thedistraction piece8702 is substantially flat and preferably smooth to ease positioning of therail8782 within theslot8784. The upper slidingsurface8792 slopes upward relative to the longitudinal axis8725 from the distal end of thedistracting piece8702 to the proximal end of thedistraction piece8702, the slope of the upper slidingsurface8792 being substantially similar to the slope of the lower slidingsurface8794 so that the twosurfaces8792,8794 are substantially parallel, and mate when therail8782 is positioned within theslot8784. The slope of the upper slidingsurface8792 causes variation in thickness of theupper portion8722 of the spacer from the distal end of the spacer to the proximal end of the spacer so that theupper portion8722 of the spacer is thicker at the distal end. When thedistraction piece8702 is mated with the initiatingpiece8704 so that therail8782 is seated within theslot8784, the thickness of thespacer8720 is approximately the same across the length of thespacer8720.
• FIGS. 87A through 87D are a series of posterior views of thedistraction piece8702 mating with the initiatingpiece8704 so that theimplant8700 is positioned between adjacentspinous processes2,4 to support a load applied by the adjacentspinous processes2,4 during an extension motion. As can be seen, thedistraction piece8702 is positioned so that the proximal end of therail flange8783 fits within theslot8784. Thedistraction piece8702 can then be urged toward theinterspinous ligament6 so that therail8782 is further received within theslot8784. The thickness of theimplant8700 increases as the initiatingpiece8704 is mated with thedistraction piece8702.FIG. 87B illustrates thedistraction piece8702 arranged so that theupper distraction element8782 is adjacent to theinterspinous ligament6. As thedistraction piece8702 is urged further toward theinterspinous ligament6, theupper distraction element8782 wedges between the lower slidingsurface8794 and theinterspinous ligament6 and/or the adjacentspinous processes2,4, gradually distracting theinterspinous ligament6 and the adjacentspinous processes2,4 as thedistraction piece8702 is further urged in the direction of insertion. As shown inFIG. 87C, as theupper portion8762 of the second wing passes between the adjacentspinous processes2,4, the space between the adjacentspinous processes2,4 is distracted beyond the maximum distraction height of thespacer8720. Thedistraction piece8702 is further urged in the direction of insertion until therail8782 is seated within theslot8784 and theupper portion8762 of the second wing is arranged so that theinterspinous ligament6 and/or adjacentspinous processes2,4 are disposed between theupper portion8762 of the second wing and theupper portion8732 of the first wing (seeFIG. 87D). As thecatch8781 passes over therecess8787, thecatch8781 extends into therecess8787, locking thedistraction piece8702 in position, mated with theinitiation piece8704.
• Interspinous Implant Having Slide-in Distraction Piece
• FIGS. 88A and 88B are perspective end views of an alternative embodiment of animplant8800 in accordance with the present invention. Theimplant8800 can include an initiatingpiece8804 and a slide-indistraction piece8802 that can be slidably coupled with the initiatingpiece8804. The initiatingpiece8804 and the slide-indistraction piece8802, when positioned between adjacent spinous processes and coupled together as shown inFIG. 88B, has a saddle shape including afirst wing8830 and asecond wing8860 that straddle one of the adjacent spinous processes. Theimplant8800 approximates implants as shown above inFIGS. 7-23. For example, theimplant8800 includes thefirst wing8830 at a distal end of theimplant8800, a fixed spacer8820 extending from thefirst wing8830, thesecond wing8860 extending from thespacer8820 so that thespacer8820 is disposed between thefirst wing8830 and thesecond wing8860, and adistraction guide8810 at aproximal end8816 of theimplant8800.
• The initiatingpiece8804 includes aslot8884 within a lower slidingsurface8886 that extends through a substantial portion of the length of the initiatingpiece8804, theslot8884 being adapted to receive arail8882 of the slide-indistraction piece8802. Theslot8884 can optionally include a flange or some other structure to retain therail8882 within theslot8884. One of theslot8884 and therail8882 can further optionally include a recess (not shown) adapted to receive a catch (not shown) of the other of theslot8884 and therail8882 so that when the catch passes over the recess, the catch is extended, locking thedistraction piece8802 in place, and limiting or blocking movement along the longitudinal axis8825.
• As shown, the initiatingpiece8804 includes afirst tab8894 extending from thefirst wing8834, thefirst tab8894 including afirst perforation8893. Thedistraction piece8802 likewise includes asecond tab8892 including asecond perforation8891 adapted to be aligned with thefirst perforation8893 so that when the slide-indistraction piece8802 is mated with the initiatingpiece8804 and therail8882 is seated within theslot8884, thefirst perforation8893 and thesecond perforation8891 are aligned and can be pegged together so that relative movement between thedistraction piece8802 and the initiatingpiece8804 is limited or substantially blocked, in other embodiments, the initiatingpiece8804 anddistraction piece8802 need not includetabs8892,8894, for example where a catch and recess of the slot and rail is employed. Further, where afirst tab8894 or other structure protrudes from the initiatingpiece8804, thedistraction piece8802 can include a slot for receiving thetab8894, rather than asecond tab8892 abutting thefirst tab8894. As will be obvious to one of ordinary skill in the art, tabs having myriad different shapes and sizes can extend from one or both of the initiatingpiece8804 and thedistraction piece8802, and perforations having myriad different shapes and sizes can be formed within such tabs to limit relative movement between the initiatingpiece8804 and thedistraction piece8802. Further, myriad different locking mechanisms (e.g., a tab and slot arrangement) can be employed with one or both of the initiatingpieces8804 and thedistraction piece8802 to limit relative movement. Embodiments ofimplants8800 in accordance with the present invention are not intended to be limited to those arrangements shown inFIGS. 88A-89E.
• The initiatingpiece8804 includes alower distraction element8814 having a contact surface that tapers to theproximal end8816 from above as well as below theproximal end8816 so that thelower distraction element8814 has a “V” shape in cross-section along an axis of the spine. The initiatingpiece8804 further includes afirst portion8834 of the first wing, thesecond wing8860, and alower portion8824 of the spacer. In an embodiment, thelower portions8824,8834 and thesecond wing8860 can be integrally formed with thelower distraction element8814, thereby avoiding discontinuities in a lower slidingsurface8888 of the initiatingpiece8804.
• A relatively continuous slidingsurface8888 with smooth transitions improves ease of implantation and minifies obstruction of the initiatingpiece8804 by the adjacent spinous processes and/or related tissues. It is preferable that the initiatingpiece8804 include smooth transitions between thelower distraction element8814, thesecond wing8860, and thelower portion8824 of the spacer, as such transitions can increase obstruction of implant movement during implantation. The lower slidingsurface8888 of the initiatingpiece8804 is substantially flat and preferably smooth to ease receipt of therail8882 within theslot8884.
• As described above, the slide-indistraction piece8802 includes therail8882 extending over a substantial portion of the length of thedistraction piece8802, roughly corresponding to a length of theslot8884 of the initiatingpiece8804 within which therail8882 is adapted to be received. The height of therail8882 from the upper slidingsurface8886 approximately corresponds to the depth of theslot8884 so that when therail8882 is received within theslot8884, the upper slidingsurface8886 of thedistraction piece8802 is substantially flush with the lower slidingsurface8888. In other embodiments, a gap can exist between the upper slidingsurface8886 and the lower slidingsurface8888. As described above, the surface of therail8882 can include a catch (or a recess) arranged along the length of therail8882 so that the catch (or recess) roughly corresponds to the recess (or catch) disposed within theslot8884. In other embodiments, therail8882 andslot8884 need not include a catch and recess arrangement, but rather the initiatingpiece8804 and thedistraction piece8802 can be held in relative position along the longitudinal axis8825 when the first andsecond holes8891,8893 are pegged together. In still other embodiments, some other mechanism can be used to limit or block relative movement of the initiatingpiece8804 and thedistraction piece8802.
• Thedistraction piece8802 further includes anupper distraction element8812, asecond portion8832 of the first wing and anupper portion8822 of the spacer. Theupper distraction element8812 has a contact surface that tapers at a proximal end of thedistraction piece8802 so that theupper distraction element8812 has a ramp shape. Thesecond portion8832 of the first wing can have a shape that roughly conforms to the shape of thefirst portion8834 of the first wing so that when thedistraction piece8802 is coupled to the initiatingpiece8804, the first andsecond portions8832,8834 form afirst wing8830, as shown inFIG. 88B. Theupper portion8822 of the spacer can have a thickness greater or less than that of thelower portion8824 of the spacer. As shown, theupper portion8822 is thicker than thelower portion8824. By minifying the thickness of thelower portion8824, distraction of the adjacent spinous processes during implantation of theinitiation piece8804 can be minified to cause less distraction at the surgical site by thesecond wing8860 as thesecond wing8860 is urged between the adjacent spinous processes. Alternatively, a plurality ofdistraction pieces8802 can be provided each having anupper portion8822 of the spacer having a different thickness. Thus the doctor can select theappropriate distraction piece8802 for the amount of distraction desired. As with the lower slidingsurface8888, the upper slidingsurface8886 of thedistraction piece8802 is substantially flat and preferably smooth to ease positioning of therail8882 within theslot8884. Embodiments of systems in accordance with the present invention can include a initiatingpiece8804 and a plurality ofdistraction pieces8802, thedistraction pieces8802 having a variety of thicknesses. In such a system, adistraction piece8802 can be chosen so that theoverall spacer8820 thickness is suitable for the patient and the motion segment targeted.
• FIG. 89A is a posterior view of the initiatingpiece8804 positioned adjacent to theinterspinous ligament6. As can be seen, the initiatingpiece8804 has a maximum thickness from the lower slidingsurface8888 to thesecond wing8860. As the initiatingpiece8804 is urged into theinterspinous ligament6, thelower distraction element8814 pierces and/or distracts the fibers of theinterspinous ligament6. As shown inFIG. 89B, the initiatingpiece8804 is further urged through theinterspinous ligament6 so that thesecond wing8860 passes between the adjacentspinous processes2,4 and can distract the space between the adjacentspinous processes2,4 to accommodate thesecond wing8860. The distraction of the space between the adjacent spinous processes is reduced by positioning the initiatingpiece8804 prior to coupling thedistraction piece8802 to the initiatingpiece8804. Referring toFIG. 89C, the initiatingpiece8804 is further urged through theinterspinous ligament6 so that thelower portion8824 of the spacer is positioned between the adjacentspinous processes2,4. Thesecond wing8860 and thefirst portion8834 of the first wing straddle the lowerspinous process4. Once the initiatingpiece8804 is properly positioned, therail8882 of thedistracting piece8802 can be positioned within the distal end of theslot8884, as shown inFIG. 89D. Thedistraction piece8804 can then be urged along the lower slidingsurface8888 so that theupper distraction element8812 distracts the space between the adjacent spinous processes. As shown inFIG. 89E, the initiatingpiece8804 is further urged along the lower slidingsurface8888 until thedistraction piece8802 is mated with the initiatingpiece8804.
• Materials for Use in Implants of the Present Invention
• In some embodiments, the implant can be fabricated from medical grade metals such as titanium, stainless steel, cobalt chrome, and alloys thereof, or other suitable implant material having similar high strength and biocompatible properties. Additionally, the implant can be at least partially fabricated from a shape memory metal, for example Nitinol, which is a combination of titanium and nickel. Such materials are typically radiopaque, and appear during x-ray imaging, and other types of imaging. Implants in accordance with the present invention, and/or portions thereof can also be fabricated from somewhat flexible and/or deflectable material. In these embodiments, the implant and/or portions thereof can be fabricated in whole or in part from medical grade biocompatible polymers, copolymers, blends, and composites of polymers. A copolymer is a polymer derived from more than one species of monomer. A polymer composite is a heterogeneous combination of two or more materials, wherein the constituents are not miscible, and therefore exhibit an interface between one another. A polymer blend is a macroscopically homogeneous mixture of two or more different species of polymer. Many polymers, copolymers, blends, and composites of polymers are radiolucent and do not appear during x-ray or other types of imaging. Implants comprising such materials can provide a physician with a less obstructed view of the spine under imaging, than with an implant comprising radiopaque materials entirely. However, the implant need not comprise any radiolucent materials.
• One group of biocompatible polymers are the polyaryletherketone group which has several members including polyetheretherketone (PEEK), and polyetherketoneketone (PEKK). PEEK is proven as a durable material for implants, and meets the criterion of biocompatibility. Medical grade PEEK is available from Victrex Corporation of Lancashire, Great Britain under the product name PEEK-OPTIMA. Medical grade PEKK is available from Oxford Performance Materials under the name OXPEKK, and also from CoorsTek under the name BioPEKK. These medical grade materials are also available as reinforced polymer resins, such reinforced resins displaying even greater material strength. In an embodiment, the implant can be fabricated from PEEK 450G, which is an unfilled PEEK approved for medical implantation available from Victrex. Other sources of this material include Gharda located in Panoli, India. PEEK 450G has the following approximate properties:

  	Property	Value

  	Density	1.3	g/cc
  	Rockwell M	99
  	Rockwell R	126
  	Tensile Strength	97	MPa
  	Modulus of Elasticity	3.5	GPa
  	Flexural Modulus	4.1	GPa

• PEEK 450G has appropriate physical and mechanical properties and is suitable for carrying and spreading a physical load between the adjacent spinous processes. The implant and/or portions thereof can be formed by extrusion, injection, compression molding and/or machining techniques. It should be noted that the material selected can also be filled. Fillers can be added to a polymer, copolymer, polymer blend, or polymer composite to reinforce a polymeric material. Fillers are added to modify properties such as mechanical, optical, and thermal properties. For example, carbon fibers can be added to reinforce polymers mechanically to enhance strength for certain uses, such as for load bearing devices, in some embodiments, other grades of PEEK are available and contemplated for use in implants in accordance with the present invention, such as 30% glass-filled or 30% carbon-filled grades, provided such materials are cleared for use in implantable devices by the FDA, or other regulatory body. Glass-filled PEEK reduces the expansion rate and increases the flexural modulus of PEEK relative to unfilled PEEK. The resulting product is known to be ideal for improved strength, stiffness, or stability. Carbon-filled PEEK is known to have enhanced compressive strength and stiffness, and a lower expansion rate relative to unfilled PEEK. Carbon-filled PEEK also offers wear resistance and load carrying capability.
• As will be appreciated, other suitable similarly biocompatible thermoplastic or thermoplastic polycondensate materials that resist fatigue, have good memory, are flexible, and/or deflectable, have very low moisture absorption, and good wear and/or abrasion resistance, can be used without departing from the scope of the invention. As mentioned, the implant can be comprised of polyetherketoneketone (PEKK). Other material that can be used include polyetherketone (PEK), polyetherketoneetherketoneketone (PEKEKK), polyetheretherketoneketone (PEEKK), and generally a polyaryletheretherketone. Further, other polyketones can be used as well as other thermoplastics. Reference to appropriate polymers that can be used in the implant can be made to the following documents, all of which are incorporated herein by reference. These documents include: PCT Publication WO 02/02158 A1, dated Jan. 10, 2002, entitled “Bio-Compatible Polymeric Materials;” PCT Publication WO 02/00275 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials;” and, PCT Publication WO 02/00270 A1, dated Jan. 3, 2002, entitled “Bio-Compatible Polymeric Materials.” Other materials such as Bionate®, polycarbonate urethane, available from the Polymer Technology Group, Berkeley, Calif., may also be appropriate because of the good oxidative stability, biocompatibility, mechanical strength and abrasion resistance. Other thermoplastic materials and other high molecular weight polymers can be used.
• It is to be understood that embodiments in accordance with the present invention can be constructed without a pliant material. It is also to be understood that the embodiments in accordance with the present invention can have other dimensions
• Methods for Implanting Interspinous Implants
• In other embodiments of methods in accordance with the present invention, the implant can include an initiatingpiece8704 and adistraction piece8702, such as described above inFIGS. 83-87D. In such embodiments, as shown inFIG. 90, preferably aguide wire80 is inserted through a placement network or guide90 into the neck of the implant recipient (as shown and described above). Once theguide wire80 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that an initiatingpiece8704 of theimplant8700 can be positioned in the neck thorough an incision and along a line that is about perpendicular to theguide wire80 and directed at the end of the guide wire. The initiatingpiece8704 can include alower distraction element8714, alower portion8764 of the second wing, alower portion8724 of the spacer, and alower portion8734 of the first wing. Theimplant8700 is inserted into the neck of the patient, between adjacent spinous processes. Preferably during insertion, thelower distraction element8714 pierces or separates the tissue without severing the tissue, and theimplant8700 is positioned so that theupper portion8724 of the spacer is disposed between the adjacent spinous processes.
• Once the initiatingpiece8704 is satisfactorily positioned, adistracting piece8702 can be inserted along a line that is approximately collinear with the line over which the initiatingpiece8704 is inserted, but positioned so that arail8782 of thedistracting piece8702 mates with aslot8784 of the initiatingpiece8704. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to theimplant8700. Thedistracting piece8702 can be mated to the initiatingpiece8704 through an interference fit, or using acatch8781 andrecess8787 as described above, alternatively by connecting thedistracting piece8704 with the initiatingpiece8702 using a fastener, or by some other device, as described above. It is to be understood that the embodiment described herein can be used between any of the spinous processes of the spine.
• In other embodiments of methods in accordance with the present invention, the implant can include an initiatingpiece8804 and adistraction piece8802, such as described above inFIGS. 88A-89E. In such embodiments, as shown inFIG. 91, preferably aguide wire80 is inserted through a placement network or guide90 into the neck of the implant recipient (as shown and described above). Once theguide wire80 is positioned with the aid of imaging techniques, an incision is made on the side of the neck so that an initiatingpiece8804 of theimplant8800 can be positioned in the neck thorough an incision and along a line that is about perpendicular to theguide wire80 and directed at the end of the guide wire. The initiatingpiece8804 can include alower distraction element8814, thesecond wing8860, alower portion8824 of the spacer, and alower portion8834 of the first wing. Theimplant8800 is inserted into the neck of the patient, between adjacent spinous processes. Preferably during insertion, thelower distraction element8814 pierces or separates the tissue without severing the tissue, and theimplant8800 is positioned so that theupper portion8824 of the spacer is disposed between the adjacent spinous processes. Once the initiatingpiece8804 is satisfactorily positioned, adistracting piece8802 can be inserted along a line that is approximately collinear with the line over which the initiatingpiece8804 is inserted, but positioned so that arail8882 of thedistracting piece8802 mates with aslot8884 of the initiatingpiece8804. The anatomy of the neck is such that it is most convenient and minimally invasive to enter the neck from the side with respect to theimplant8800. Thedistracting piece8802 can be mated to the initiatingpiece8804, by pegging the first andsecond perforations8891,8893, through an interference fit, or using acatch8881 and recess8887 as described above, or, alternatively by connecting thedistracting piece8804 with the initiatingpiece8802 using a fastener, or by some other device, as described above.
• The foregoing description of the present invention have been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many modifications and variations will be apparent to practitioners skilled in this art. The embodiments were chosen and described in order to best explain the principles of the invention and its practical application, thereby enabling others skilled in the art to understand the invention for various embodiments and with various modifications as are suited to the particular use contemplated. It is intended that the scope of the invention be defined by the following claims and their equivalents.

Claims (36)

1. An apparatus, comprising:

a first implant member having a central portion and a distal end portion, at least a portion of the central portion configured to be disposed between a first spinous process and a second spinous process, the distal end portion having a first configuration and a second configuration; and

a second implant member configured to move the distal end portion of the first implant member from the first configuration to the second configuration when the central portion of the first implant member is disposed between the first spinous process and the second spinous process,

the distal end portion of the first implant member configured to limit lateral movement of the first implant member relative to the first spinous process and the second spinous process when in the second configuration.

2. The apparatus ofclaim 1, wherein the distal end portion of the first implant member is configured to dilate a bodily tissue when in the first configuration.

3. The apparatus ofclaim 1, wherein:

the second implant member has a distal end portion configured to be disposed within the first implant member, the distal end portion of the second implant member configured to move the distal end portion of the first implant member from the first configuration to the second configuration when the distal end portion of the second implant member is disposed within the first implant member.

4. The apparatus ofclaim 1, wherein:

the second implant member has a distal end portion and a proximal end portion, the distal end portion of the second implant member configured to move the distal end portion of the first implant member from the first configuration to the second configuration when the central portion of the first implant member is disposed between the first spinous process and the second spinous process,

the proximal end portion of the second implant member configured to limit lateral movement of the second implant member relative to the first spinous process and the second spinous process when the distal end portion of the second implant member is disposed within the first implant member.

5. The apparatus ofclaim 1, wherein:

the second implant member has a distal end portion and a proximal end portion, the distal end portion of the second implant member configured to be slidably disposed within the first implant member, the distal end portion of the second implant member configured to move the distal end portion of the first implant member from the first configuration to the second configuration when the distal end portion of the second implant member is disposed within the first implant member,

the proximal end portion of the second implant member having a protrusion configured to be matingly received within an opening defined by an outer surface of the first implant member, the first spinous process disposed between the distal end portion of the first implant member and the protrusion of the proximal end portion of the second implant member when the central portion of the first implant member is disposed between the first spinous process and the second spinous process.

6. The apparatus ofclaim 1, wherein:

the distal end portion of the first implant member includes a movable member movably coupled to the central portion of the first implant member, the movable member configured to dilate a bodily tissue when the distal end portion of the first implant member is in the first configuration, the movable member configured to contact at least one of the first spinous process or the second spinous process when the distal end portion of the first implant member is in the second configuration.

7. The apparatus ofclaim 1, wherein:

the distal end portion of the first implant member includes a movable member movably coupled to the central portion of the first implant member; and

the second implant member has a distal end portion, the distal end portion of the second implant member having a tapered surface configured to engage the movable member to move the movable member relative to the central portion of the first implant member when the central portion of the first implant member is disposed between the first spinous process and the second spinous process.

8. The apparatus ofclaim 1, wherein:

the distal end portion of the first implant member includes a first movable member rotatably coupled to the central portion of the first implant member and a second movable member rotatably coupled to the central portion of the first implant member; and

the second implant member has a distal end portion configured to be disposed within a cavity defined by the first movable member and the second movable member, the distal end portion of the second implant member configured to move the first movable member and the second movable member when the distal end portion of the second implant member is disposed within the cavity.

9. The apparatus ofclaim 1, wherein:

the distal end portion of the first implant member includes a first movable member and a second movable member, the first movable member rotatably coupled to the central portion of the first implant member and having an inner surface, the second movable member rotatably coupled to the central portion of the first implant member and having an inner surface; and

the second implant member has a distal end portion configured to engage the inner surface of the first movable member and the inner surface of the second movable member to move the distal end portion of the first implant member from the first configuration to the second configuration.

10. The apparatus ofclaim 1, wherein the second implant member is configured to move at least a portion of the distal portion of the first implant member distally to move the distal end portion of the first implant member from the first configuration to the second configuration.

11. An apparatus, comprising:

a first implant member having a central portion and a distal end portion, the central portion configured to be disposed between a first spinous process and a second spinous process; and

a second implant member having a distal end portion and a proximal end portion, the distal end portion of the second implant member configured to move the distal end portion of the first implant member relative to the central portion of the first implant member when the central portion of the first implant member is disposed between the first spinous process and the second spinous process,

the first spinous process being disposed between the distal end portion of the first implant member and the proximal end portion of the second implant member when the central portion of the first implant member is disposed between the first spinous process and the second spinous process and when distal end portion of the second implant member has moved the distal end portion of the first implant member.

12. The apparatus ofclaim 11, wherein the distal end portion of the second implant member is configured to be disposed within the first implant member to move the distal end portion of the first implant member relative to the central portion of the first implant member.

13. The apparatus ofclaim 11, wherein the distal end portion of the first implant member and the proximal end portion of the second implant member collectively limit lateral movement of the apparatus relative to the first spinous process and the second spinous process when the central portion of the first implant member is disposed between the first spinous process and the second spinous process and when distal end portion of the second implant member has moved the distal end portion of the first implant member.

14. The apparatus ofclaim 11, wherein at least one of the distal end portion of the first implant member or the proximal end portion of the second implant member are configured to contact the first spinous process when the central portion of the first implant member is disposed between the first spinous process and the second spinous process and when distal end portion of the second implant member has moved the distal end portion of the first implant member.

15. The apparatus ofclaim 11, wherein:

the distal end portion of the second implant member is configured to move the distal end portion of the first implant member relative to the central portion of the first implant member between a first position and a second position,

the distal end portion of the first implant member configured to distract a space between the first spinous process and the second spinous process when in the first position,

the distal end portion of the first implant member configured to limit lateral movement of the implant relative to the first spinous process and the second spinous process when in the second position.

16. The apparatus ofclaim 11, wherein:

the distal end portion of the second implant member is configured to be disposed within the first implant member to move the distal end portion of the first implant member relative to the central portion of the first implant member; and

the proximal end portion of the second implant member has a protrusion configured to be matingly received within an opening defined by an outer surface of the first implant member when the distal end portion of the second implant member is disposed within the first implant member.

17. The apparatus ofclaim 11, wherein the distal end portion of the first implant member includes a member rotatably coupled to the central portion of the first implant member.

18. The apparatus ofclaim 11, wherein:

the distal end portion of the first implant member includes a member rotatably coupled to the central portion of the first implant member; and

the distal end portion of the second implant member has a tapered surface configured to engage the member to rotate the member relative to the central portion of the first implant member when the central portion of the first implant member is disposed between the first spinous process and the second spinous process.

19. The apparatus ofclaim 11, wherein:

the distal end portion of the first implant member includes a first member rotatably coupled to the central portion of the first implant member and a second member rotatably coupled to the central portion of the first implant member; and

the distal end portion of the second implant member is configured to engage an inner surface of the first member and an inner surface of the second member to move the distal end portion of the first implant member relative to the central portion of the first implant member.

20. An apparatus, comprising:

an insert including a distal end portion and a proximal end portion, the distal end portion configured to be slidably disposed within an implant when a portion of the implant is disposed between a first spinous process and a second spinous process to move a retention portion of the implant from a first position to a second position.

21. The apparatus ofclaim 20, wherein the proximal end portion of the insert is configured to limit lateral movement of the implant relative to the first spinous process and the second spinous process when the distal end portion of the insert is disposed within the implant.

22. The apparatus ofclaim 20, wherein the distal end portion of the insert is configured to be disposed within the implant via a lateral access passageway.

23. The apparatus ofclaim 20, wherein the proximal end portion of the insert is configured to contact at least one of the first spinous process or the second spinous process when the portion of the implant is disposed between the first spinous process and the second spinous process and when the distal end portion of the insert is disposed within the implant.

24. The apparatus ofclaim 20, wherein:

the proximal end portion of the insert is configured to limit lateral movement of the implant relative to the first spinous process and the second spinous process when the distal end portion of the insert is disposed within the implant; and

the proximal end portion of the insert has a protrusion configured to be matingly received within an opening defined by an outer surface of the implant when the distal end portion of the insert is disposed within the implant.

25. The apparatus ofclaim 20, wherein the distal end portion of the insert has a tapered surface configured to engage the retention portion of the implant to move the retention portion of the implant from the first position to the second position.

26. The apparatus ofclaim 20, wherein the distal end portion of the insert has a tapered surface defining a groove, the groove configured to receive an actuation portion of the retention portion of the implant such that the retention portion is moved from the first position to the second position when the distal end portion of the insert is moved within the implant.

27. The apparatus ofclaim 20, further comprising the implant, the retention portion of the implant configured to limit lateral movement of the implant relative to the first spinous process and the second spinous process when in the second position.

28. An apparatus, comprising:

a first implant member having a distal end portion and a central portion defining a lumen, at least a portion of the central portion configured to be disposed between a first spinous process and a second spinous process; and

a second implant member configured to be slidably disposed within the lumen of the first implant member between a first longitudinal position and a second longitudinal position, a size of the distal end portion of the first implant member being less than a distance between the first spinous process and the second spinous process when the second implant member is in the first longitudinal position, a size of the distal end portion of the first implant member being greater than the distance between the first spinous process and the second spinous process when the second implant member is in the second longitudinal position.

29. The apparatus ofclaim 28, wherein a portion of the distal end portion of the first implant member is configured to distract a space between the first spinous process and the second spinous process when the second implant member is in the first longitudinal position.

30. The apparatus ofclaim 28, wherein a portion of the distal end portion of the first implant member is configured to limit lateral movement of the first implant member relative to the first spinous process and the second spinous process when the second implant member is in the second longitudinal position.

31. The apparatus ofclaim 28, wherein the second implant member has a distal end portion configured to engage a portion of the distal end portion of the first implant member when the second implant member is in the second longitudinal position.

32. The apparatus ofclaim 28, wherein the second implant member has a distal end portion configured to move the distal end portion of the first implant member from a first position to a second position relative to the central portion of the first implant member when the second implant member is moved from the first longitudinal position to the second longitudinal position.

33. The apparatus ofclaim 28, wherein the second implant member has a tapered portion configured to engage the distal end portion of the first implant member such that the distal end portion of the first implant member is moved from a first position to a second position relative to the central portion of the first implant member when the second implant member is moved from the first longitudinal position to the second longitudinal position.

34. The apparatus ofclaim 28, wherein:

the distal end portion of the first implant member includes a movable member rotatably coupled to the central portion of the first implant member; and

the second implant member has a distal end portion configured to move the movable member a first position to a second position relative to the central portion of the first implant member when the second implant member is moved from the first longitudinal position to the second longitudinal position.

35. The apparatus ofclaim 28, wherein the second implant member has a proximal end portion and a distal end portion, the distal end portion of the second implant member configured to move the distal end portion of the first implant member from a first position to a second position relative to the central portion of the first implant member when the second implant member is moved from the first longitudinal position to the second longitudinal position,

the proximal end portion of second implant member having a protrusion configured to be matingly received within an opening defined by an outer surface of the first implant member when the second implant member is in the second longitudinal position.

36. The apparatus ofclaim 28, wherein the second implant member has a proximal end portion and a distal end portion, the distal end portion of the second implant member configured to move the distal end portion of the first implant member from a first position to a second position relative to the central portion of the first implant member when the second implant member is moved from the first longitudinal position to the second longitudinal position,

the proximal end portion of second implant member configured to limit lateral movement of the second implant member relative to the first spinous process and the second spinous process when the second implant member is in the second longitudinal position.

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