Bone staple, instrument and method of use and manufacturing

• US 9,017,331 B2
• Filed: 07/27/2011
• Issued: 04/28/2015
• Est. Priority Date: 07/27/2011
• Status: Active Grant

• Current Assignee: William Casey Fox
• Original Assignee: William Casey Fox
• Inventors: Fox, William Casey
• Primary Examiner(s): WOODALL, NICHOLAS W
• Application Number:
  US13/192,186
• Publication Number:
  US 20130030438A1
• Time in Patent Office: 1,371 Days
• Field of Search: 606/75
• US Class Current: 606/75
• CPC Class Codes: A61B 17/064 Surgical staples, i.e. penetrating the tissue
• CPC Class Codes: A61B 17/0642 for bones, e.g. for osteosynthesis or connecting tendon to bone
• CPC Class Codes: A61B 17/0644 penetrating the tissue, deformable to closed position
• CPC Class Codes: A61B 17/0682 for applying U-shaped staples or clamps, e.g. without a forming anvil
• CPC Class Codes: A61B 17/07207 the staples being applied sequentially
• CPC Class Codes: A61B 17/10 for applying or removing wound clamps, e.g. containing only one clamp or staple A61B17/076 takes precedence; containing multiple wound clamps A61B17/068; Wound clamp magazines containers, packaging elements or packages specially adapted for particular articles or with special means for dispensing contents B65D83/00, B65D85/00
• CPC Class Codes: A61B 17/105 Wound clamp magazines for packaging sharps A61B50/3001
• CPC Class Codes: A61B 17/115 Staplers for performing anastomosis in a single operation
• CPC Class Codes: A61B 17/68 Internal fixation devices , including fasteners and spinal fixators, even if a part thereof projects from the skin bone staples A61B17/0642
• CPC Class Codes: A61B 2017/00526 Methods of manufacturing
• CPC Class Codes: A61B 2017/00867 shape memory effect for prostheses A61F2210/0014
• CPC Class Codes: A61B 2017/0645 being elastically deformed for insertion
• CPC Class Codes: A61B 2017/0688 Packages or dispensers for surgical staplers
• CPC Class Codes: A61B 2017/07214 Stapler heads
• CPC Class Codes: Y10T 29/49874 Prestressing rod, filament or strand

Abstract

A new shape changing staple and instrument for the fixation of structures to include bone tissue and industrial materials. This new staple stores elastic mechanical energy to exert force on fixated structures to enhance their security and in bone affect its healing response. This staple once placed changes shape in response to geometric changes in the materials structure, including healing bone tissue. The staple is advanced over prior staples due to its: 1) method of operation, 2) high strength, 3) method of insertion, 4) compressive force temperature independence, 5) energy storing staple retention and delivery system, 6) compatibility with reusable or single use product configuration, 7) efficient and cost effective manufacturing methods, and 8) reduction in the steps required to place the device. In addition to the staple'"'"'s industrial application an embodiment for use in the fixation of the musculoskeletal system is shown with staple, cartridge, and extrusion handle.

Claims

1. A method comprising:

(a) forming a staple in a non-parallel shape, wherein

(i) the staple comprises a staple bridge adjoined to a plurality of staple legs;

(ii) the non-parallel shape is a convergent shape,

(ii) the staple bridge is contracted and the staple legs are convergent when the staple is in the non-parallel position,

(iv) the staple is shape memory metal in austenite form;

(b) moving the staple to a parallel shape, wherein

(i) the shape memory metal is in martensite form before and during the step of moving, and

(ii) the staple bridge is elongated and the staple legs are substantially parallel when the staple is in the parallel position;

(c) positioning the staple in a cartridge after moving the staple to the parallel position; and

(d) maintaining the staple in the parallel shape within the cartridge at a temperature above which the shape memory metal would be in the austenite form if not maintained in the parallel shape, wherein the staple is operable for moving substantially toward the non-parallel shape when the staple is released from the cartridge.

2. The method of claim 1, wherein the movement of the staple to the parallel shape does not substantially plastically deform the staple.

3. The method of claim 2, wherein the staple is operable for moving substantially to the non-parallel position when the staple is released from the cartridge.

4. The method of claim 1, wherein the staple is operable for use in a medical procedure.

5. The method of claim 4, wherein the staple is cut from a rod of material.

6. The method of claim 1, wherein the staple is a bone staple.

7. The method of claim 1, wherein the step of forming the staple comprises cutting the staple into the first shape.

8. The method of claim 7, wherein the staple is cut using a three-dimensional cutting technique.

9. The method of claim 8, wherein the three-dimensional cutting technique is selected from the group consisting of milling techniques, electro-discharge techniques, water jet techniques, laser machining techniques, and combinations thereof.

10. The method of claim 1, wherein the staple is formed from nitinol.

11. The method of claim 1, wherein the non-parallel shape is a convergent shape.

12. The method of claim 1, wherein the step of moving the staple to the parallel shape comprises elongating the staple bridge.

13. The method of claim 1, wherein the step of moving the staple to the parallel shape comprises moving the staple legs from a convergent orientation to a substantially parallel orientation.

14. The method of claim 1, wherein the staple-bridge has an S-shaped staple bridge shape.

15. The method of claim 1, wherein the staple-bridge has an O-shaped staple bridge shape.

16. The method of claim 1, wherein the step of positioning the staple in the cartridge comprises positioning the staple in a channel that maintains the staple in the parallel shape.

17. The method of claim 16, wherein

(a) the staple comprises an S-shaped staple bridge, and

(b) the channel has a shape to maintain the staple having an elongated S-shaped staple bridge.

18. The method of claim 16, wherein

(a) the staple comprises an O-shaped staple bridge, and

(b) the channel has a shape to maintain the staple having an elongated O-shaped staple bridge.

19. The method of claim 1 further comprising sterilizing the cartridge and the staple.

20. The method of claim 1 further comprising releasing the staple from the cartridge into bone.

21. The method of claim 1 further comprising placing the cartridge maintaining the staple in a sterilized tray.

22. The method of claim 1 further comprising placing the cartridge maintaining the staple in a pre-sterilized kit, wherein the pre-sterilized kit comprises at least one ancillary instrument selected from the group consisting of group drill bits, drill guides, mallets, forceps, and impactors.