Patent No. US11039873 (titled "Bone positioning and preparing guide systems and methods") on Aug 20, 2020. The application was issued on Jun 22, 2021.
’873 is related to the field of orthopedic surgery and, more specifically, to instruments and techniques for correcting anatomical misalignments in the foot. The background context involves the surgical treatment of bunion deformities, where the first metatarsal has deviated from its proper orientation relative to the second metatarsal and the medial cuneiform, often requiring complex multi-planar realignment and joint fusion to restore function and alleviate pain.
The underlying idea behind ’873 is that a bunion deformity is a three-dimensional problem that is best addressed by a coordinated mechanical correction rather than isolated bone cuts. The invention recognizes that by applying a controlled force between the first metatarsal and a stable reference point—such as the second metatarsal—a surgeon can simultaneously reduce the intermetatarsal angle and correct the axial rotation of the bone. This approach ensures that the sesamoid bones are returned to their proper weight-bearing position under the metatarsal head while aligning the joint surfaces for successful fusion.
The claims of ’873 focus on a specific surgical workflow for bunion correction that prioritizes the preparation of bone ends before the final realignment. The method involves preparing the facing ends of the first metatarsal and the medial cuneiform at the tarsal-metatarsal joint to create receptive surfaces for fusion. Following this preparation, a bone positioning guide is employed to move the first metatarsal in at least two planes—specifically the frontal and transverse planes—to establish the final corrected position of the bone.
In practice, the system utilizes a C-shaped guide body that bridges the metatarsals, using a threaded actuator to urge a concave bone engagement member toward a stabilized tip. This mechanical advantage allows the surgeon to precisely dial in the correction, rotating the first metatarsal about its long axis while pushing it laterally to close the gap between the first and second metatarsals. A joint spacer and a specialized preparation guide may be used to ensure that the bone cuts are perfectly parallel and properly spaced, facilitating a tight, congruent fit when the joint is compressed for permanent fixation.
This invention differs from prior approaches by integrating the realignment and preparation phases into a repeatable, instrument-guided process that accounts for frontal plane rotation. Traditional methods often relied on freehand bone cuts or simple two-dimensional shifting, which could fail to address the rotational component of the deformity. By using the second metatarsal as a stable anchor for the positioning guide and providing a dedicated guide for parallel bone preparation, the ’873 patent provides a more predictable way to achieve three-dimensional anatomical alignment and stable tarsal-metatarsal fusion.
In the mid-2010s when ’873 was filed, surgical correction of bone deformities was typically implemented using manual manipulation and freehand resection techniques at a time when systems commonly relied on sequential, single-plane adjustments rather than integrated multi-planar correction. During this era, achieving simultaneous translation and rotation of bone segments was non-trivial due to hardware constraints that often required surgeons to choose between maintaining a corrected alignment and accessing the joint space for preparation. Consequently, the technical reality involved a high reliance on temporary fixation pins and visual estimation to ensure that the alignment achieved during the initial positioning phase was not lost during the subsequent mechanical preparation of the bone ends.
The disclosed invention achieves a technical advancement through an architectural shift in orthopedic correction that integrates multi-planar alignment with guided bone preparation. By enabling the movement of a bone from a misaligned to an aligned position across multiple planes—specifically addressing both translation and rotation—the system overcomes the technical constraint of losing anatomical orientation during joint resection. The structural solution allows for the preparation of bone ends while the corrected alignment is maintained, ensuring that the resulting fusion surfaces are perfectly mated to the desired anatomical position. This capability enables a more predictable surgical outcome by reducing the mechanical variables associated with independent positioning and cutting steps.
The patent contains a total of 30 claims, with claim 1 serving as the sole independent claim. This independent claim focuses on a surgical method for correcting a bunion deformity by preparing the ends of the first metatarsal and medial cuneiform and subsequently utilizing a bone positioning guide to move the first metatarsal in at least two planes, specifically the frontal and transverse planes, relative to another metatarsal. The dependent claims generally serve to specify the target metatarsals for engagement, define additional planes of movement such as the sagittal plane, detail specific bone preparation techniques like fenestration or cutting with specialized guides, and describe various fixation methods and hardware configurations used to secure the metatarsal in its corrected position.
Definitions of key terms used in the patent claims.
US Latest litigation cases involving this patent.

The dossier documents provide a comprehensive record of the patent's prosecution history - including filings, correspondence, and decisions made by patent offices - and are crucial for understanding the patent's legal journey and any challenges it may have faced during examination.
Get instant alerts for new documents