Patent No. US11141289 (titled "Bone Fusion System, Device And Method Including Delivery Apparatus") was filed by Neuropro Spinal Jaxx Inc on Jan 4, 2019.
’289 is related to the field of bone fusion systems, specifically devices and methods for fusing vertebrae in the spine or other bones. The background involves addressing issues like degenerative disc disease, where discs thin and cause misalignment or nerve pinching. Current solutions include fusion cages, but these can be difficult to insert and retain bone graft material, often requiring invasive surgical procedures and long recovery times. The patent aims to provide a less invasive alternative.
The underlying idea behind ’289 is to create a bone fusion device that can be inserted with a minimally invasive procedure and securely positioned between vertebrae. This is achieved through extendable tabs that brace the device until bone fusion occurs. The device also incorporates a delivery apparatus for precise placement of bone graft material, ensuring optimal bone growth and stability. A key aspect is the design of the delivery system, which allows for controlled insertion of bone graft material after the device is positioned.
The claims of ’289 focus on a bone fusion system that includes a bone fusion body and a delivery apparatus. The delivery apparatus comprises a docking rod and a delivery member with an elongated hollow shaft leading to an exit aperture. The exit aperture is formed by an L-shaped cutout at the tip of the shaft. The delivery member also includes a funneling chamber with a threaded end, allowing for the introduction of bone graft material. The claims also cover a flexible plunger with offset flexible rods for use in the system.
In practice, the system works by first inserting the bone fusion device into the desired location between vertebrae. The docking rod is then used to align the delivery member with the device. Bone graft material is placed into the funneling chamber and pushed through the elongated hollow shaft and out of the L-shaped exit aperture into the bone fusion device. The flexible plunger, with its offset rods, is used to ensure that the material is evenly distributed and that there are no blockages in the shaft.
This approach differs from prior art by offering a less invasive method for bone fusion. The extendable tabs provide immediate stability, while the delivery apparatus allows for precise placement of bone graft material, promoting faster and more effective fusion. The L-shaped cutout of the exit aperture is designed for optimal alignment with the bone fusion device, ensuring efficient delivery of the bone graft material. The flexible plunger further enhances the delivery process by preventing blockages and ensuring even distribution of the material.
In the late 2010s when ’289 was filed, bone fusion cages were typically implemented using rigid materials like titanium, inserted through invasive surgical procedures. At a time when systems commonly relied on threaded or barbed surfaces to secure the cage to the vertebrae, hardware or software constraints made minimally invasive delivery and precise bone graft placement non-trivial.
The examiner allowed the claims because the amended claims, specifically independent claims 1, 12, and 24, included an "exit aperture formed by an L-shaped cutout of a tip of the elongated hollow shaft," which was not taught or rendered obvious by any known prior art, including the closest reference, McLean (US 2017/0325969). The L-shape of the exit aperture enables it to fit against or contour to a left or right front corner of the bone fusion device, allowing alignment with side channels. For independent claim 31, the examiner stated that the prosecution history clearly showed how the amended claim was allowable over the applied art, and no further clarification was necessary.
This patent includes 26 claims, with independent claims numbered 1, 11, 22, and 26. Independent claims focus on a bone fusion system, a method of using the system, a delivery apparatus for the system, and a flexible plunger for the system. The dependent claims generally elaborate on the specific features and configurations of the bone fusion system, delivery apparatus, and plungers, as well as steps of the method.
Definitions of key terms used in the patent claims.

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.
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