US 11376136

Here's a concise summary of US patent 11376136:

Title: Expandable spinal implant and tool system

Assignee: Moskowitz Family LLC

Inventors: Ahmnon D. Moskowitz, Pablo A. Valdivia Y. Alvarado, Mosheh T. MOSKOWITZ, Nathan C. Moskowitz

Filing Date: January 16, 2020

Issue Date: July 5, 2022

Abstract:
The patent discloses a self-drilling bone fusion screw apparatus. This apparatus includes at least first and second sliding boxes, each containing a self-drilling screw member with a tapered end and a threaded body. An adjuster mechanism is included to modify the height of these sliding boxes. The purpose of these screw members is to be screwed into adjacent vertebral bodies to facilitate their fusion. The patent also describes that multiple such apparatuses can be connected or integrated using a plate or a cage. Additionally, a cervical facet staple is disclosed, featuring a curved staple base and at least two prongs attached to its bottom surface.

Plain-Language Overview of Independent Claims:

• Claim 1: Describes a self-drilling bone fusion screw apparatus. This apparatus includes a first sliding box and a second sliding box positioned relative to the first. A first screw with a tapered end and threaded body is inside the first box, and a second screw with a tapered end and threaded body is inside the second box. An adjuster is included to change the height of these sliding boxes.
• Claim 11: Describes a self-drilling bone fusion screw apparatus that includes a single box. This box contains a first screw member and a second screw member, both having a tapered end and a threaded body, and both laterally aligned within the box. The box also features multiple ridges along its sides.
• Claim 13: Describes a self-drilling bone fusion screw apparatus with a first box and a second box. A first screw member is within the first box, and a second screw member is within the second box, both screws having tapered ends, threaded bodies, and being laterally aligned with their respective boxes. An attachment member is included to engage the first and second boxes.
• Claim 16: Describes a tool assembly specifically for manipulating a self-drilling bone fusion screw apparatus. It comprises a handle, a gripper that works with the handle and has multiple prongs, and a screw guide held by these prongs. This screw guide helps control the direction of self-drilling screws as they are inserted into a vertebral body.
• Claim 20: Describes a cervical facet staple. This staple features a curved staple base, at least two prongs attached to the bottom surface of this base, and an insertion member located on the top surface of the curved staple base.
• Claim 23: Describes an impaction tool designed for a cervical facet staple. This tool includes a handle, a stem connected to the handle, several wings for contacting the cervical facet staple, and an insertion member that couples the staple to the impaction tool.
• Claim 25: Describes a lumbar facet staple. This staple has a pair of rotating arms, at least two prongs attached to the inner surfaces of these arms, multiple spurs on one of the rotating arms, and a ratchet also attached to one of the rotating arms. The rotating arms and prongs are designed to be rotated to a closed position to staple a lumbar facet joint.

Litigation Information:
As of April 26, 2026, the patent family for US11376136 shows pending litigation. This includes:

• A PTAB case, IPR2026-00163, which is pending.
• A US case filed in the Minnesota District Court, case number 0:25-cv-00769.
• A US case filed in the Delaware District Court, case number 1:25-cv-00711.
• The first worldwide family litigation was filed on August 23, 2005.

No specific CAFC 2026 dockets for US11376136 were found in a direct search of publicly available information, though it's possible appeals from the PTAB or District Court cases could eventually reach the CAFC.

Known litigation involving US patent 11376136 includes the following:

1. Inter Partes Review (IPR) at the Patent Trial and Appeal Board (PTAB)

• Plaintiff(s): Medtronic, Inc. (Petitioner)
• Defendant(s): Moskowitz Family LLC (Patent Owner)
• Jurisdiction: Patent Trial and Appeal Board (PTAB)
• Case Number: IPR2026-00163
• Filing Date: In 2026, prior to January 8, 2026.
• Outcome or Current Status: Pending

2. District Court Litigation in Minnesota

• Plaintiff(s): Moskowitz Family LLC
• Defendant(s): Medtronic Inc., Medtronic Sofamor Danek USA, Inc., Medtronic Sofamor Danek, Inc., Titan Spine, Inc., and Warsaw Orthopedic, Inc.
• Jurisdiction: Minnesota District Court (D. Minn.)
• Case Number: 0:25-cv-00769
• Filing Date: February 28, 2025
• Outcome or Current Status: Open litigation for patent infringement. The case was reassigned to Chief Judge Patrick J. Schiltz on March 5, 2025, and defendants were served in early March 2025. A stipulation extending time for defendants to respond to the complaint was filed.

3. District Court Litigation in Delaware

• Plaintiff(s): Moskowitz Family LLC
• Defendant(s): Nuvasive Inc. (also referred to as NuVasive, LLC et al)
• Jurisdiction: Delaware District Court (D. Del.)
• Case Number: 1:25-cv-00711
• Filing Date: June 6, 2025
• Outcome or Current Status: Open litigation for patent infringement claims. An amended complaint was filed on February 4, 2026, indicating ongoing activity.

Proceedings overview

One AIA trial proceeding is currently on file for US Patent 11376136. This Inter Partes Review (IPR) is active and has recently been instituted for trial. This indicates that the patent's validity is currently under scrutiny by the Patent Trial and Appeal Board (PTAB), and no claims have been definitively upheld or canceled at this stage.

IPR2026-00163 — Medtronic, Inc. v. Ahmnon D. Moskowitz et al

• Type: Inter Partes Review
• Filed: 2025-12-01
• Status: Trial Instituted — The PTAB has determined that the petition presents a reasonable likelihood that at least one challenged claim is unpatentable, and a trial has been formally initiated. No final decision on the merits of the challenged claims has been reached yet.
• Judge panel: Information regarding the specific Administrative Patent Judges (APJs) assigned to this case is not publicly available at this early stage of the proceedings, as the decision to institute IPRs and PGRs is now made by the USPTO Director.
• Petition grounds: Specific details regarding the claims challenged, the prior art asserted, and the statutory bases (e.g., 35 U.S.C. §§ 102 for anticipation or 103 for obviousness) are not yet publicly detailed in the provided search results. These details would typically be found in the filed petition and the institution decision.
• Institution decision: Instituted. The specific date of institution is not available from the provided data, but the "last modified" date of 2026-05-22 suggests the institution decision occurred on or around that time. As of October 20, 2025, the USPTO Director, John Squires, is solely responsible for deciding whether to institute IPR and post-grant review trials, a departure from previous practice where a merits panel of APJs made this decision.
• Final Written Decision: Not yet issued. The proceeding is currently in the trial phase.
• Settlement / termination: Not settled or terminated. The proceeding is active.
• Appeal: Not applicable at this stage, as no Final Written Decision has been issued.
• Defensive value: This active IPR means that the patent's validity, specifically the claims challenged by Medtronic, Inc., is currently being evaluated. While no claims have been invalidated, the institution of trial indicates that Medtronic has presented a sufficiently strong challenge. A defendant facing assertion of this patent should monitor this proceeding closely, as a successful challenge could significantly weaken the patent owner's position.

Strategic summary

US Patent 11376136 is currently the subject of one active Inter Partes Review, IPR2026-00163, initiated by Medtronic, Inc. As the proceeding is in the "Trial Instituted" phase, no claims have been canceled or sustained, meaning all claims of the patent are presently considered "untested" in the context of a final PTAB decision. The patent's validity is actively being contested, and the outcome of this IPR will be crucial for the defensive posture against this patent.

The estoppel landscape is not yet defined, as no Final Written Decision has been issued. Once a Final Written Decision is rendered, Medtronic, Inc. (and any parties in privity with them) would be estopped under 35 U.S.C. § 315(e)(2) from asserting invalidity grounds in other forums that were raised or reasonably could have been raised during the IPR. Until then, the full range of prior-art grounds remains available to other potential challengers. The involvement of Medtronic, Inc., a significant medical device company, suggests a strong interest in challenging the patent. There is also parallel district court litigation, "Moskowitz Family LLC v. Medtronic, Inc. et al., No. 0:25-CV-00769" in the District of Minnesota, which provides context for this IPR.

Recommended next steps

For a defendant facing assertion of US11376136, the primary recommendation is to closely monitor IPR2026-00163. Key upcoming trial-stage milestones for this IPR include the oral hearing and the Final Written Decision (FWD) due date. PTAB trials have a statutory one-year deadline for issuing a FWD from the date of institution. Given the "last modified" date of 2026-05-22, the FWD would likely be due around May 2027. Accessing the Institution Decision document, once publicly available, would be critical to understand the specific claims challenged, the prior art applied, and the USPTO Director's reasoning for institution. This will inform potential defense strategies.

Inventors

• Ahmnon D. Moskowitz
• Pablo A. Valdivia Y. Alvarado
• Mosheh T. Moskowitz
• Nathan C. Moskowitz

No employer at the time of filing is determinable from the provided patent text.

Original assignee

Moskowitz Family LLC.
The patent describes an "Expandable spinal implant and tool system," indicating Moskowitz Family LLC is likely in the medical device or biotechnology sector. It is unclear from the provided information whether they shipped a product embodying the claims. Their current status is "Operating" as they are listed as the current assignee.

Assignment timeline

• 2021-10-28 (executed) / recorded 2021-10-28 — Reel 059639/0425

  • Conveyance: Assignment of Assignors Interest
  • Assignor: VALDIVIA Y. ALVARADO, PABLO A.
  • Assignee: NATHAN C. MOSKOWITZ
  • Correspondent: MOSKOWITZ FAMILY LLC, 600 AVENUE F, SUITE 200, REDONDO BEACH, CA 90277
  • Context: Internal transfer

• 2021-10-28 (executed) / recorded 2021-10-28 — Reel 059639/0426

  • Conveyance: Assignment of Assignors Interest
  • Assignor: MOSKOWITZ, AHMNON D.
  • Assignee: NATHAN C. MOSKOWITZ
  • Correspondent: MOSKOWITZ FAMILY LLC, 600 AVENUE F, SUITE 200, REDONDO BEACH, CA 90277
  • Context: Internal transfer

• 2021-10-28 (executed) / recorded 2021-10-28 — Reel 059639/0427

  • Conveyance: Assignment of Assignors Interest
  • Assignor: MOSKOWITZ, NATHAN C.
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: MOSKOWITZ FAMILY LLC, 600 AVENUE F, SUITE 200, REDONDO BEACH, CA 90277. This correspondent recurs in this chain.
  • Context: Internal reorg

• 2021-10-28 (executed) / recorded 2021-10-28 — Reel 059639/0428

  • Conveyance: Assignment of Assignors Interest
  • Assignor: MOSKOWITZ, MOSHEH T.
  • Assignee: NATHAN C. MOSKOWITZ
  • Correspondent: MOSKOWITZ FAMILY LLC, 600 AVENUE F, SUITE 200, REDONDO BEACH, CA 90277
  • Context: Internal transfer

Timeline diagram

timeline
    title Ownership of US 11376136
    2005 : Priority date
    2020 : Application filed by Moskowitz Family LLC
    2021 : Nathan C Moskowitz assigned interests
         : Moskowitz Family LLC assigned interests
    2022 : Patent granted

NPE / troll-pattern signals

1. Shell-entity transfer — not present. The transfers are between individual inventors and Moskowitz Family LLC, which appears to be the original operating entity or closely related to the inventors. The addresses and names do not suggest shell entities.

2. Known asserter in the chain — not present. None of the assignees (Moskowitz Family LLC, Nathan C. Moskowitz) are listed on common NPE lists.

3. Repeat correspondent across the chain — present. "MOSKOWITZ FAMILY LLC, 600 AVENUE F, SUITE 200, REDONDO BEACH, CA 90277" is listed as the correspondent for all four assignments recorded on 2021-10-28 (Reel 059639/0425, 059639/0426, 059639/0427, 059639/0428). While the correspondent is an LLC, it is identified with the Moskowitz family, suggesting an internal or closely managed legal function, rather than an external repeat-player NPE law firm.

4. Cascading transfers — present. There are four transfers executed and recorded on the same day (2021-10-28) involving various Moskowitz family members and Moskowitz Family LLC (Reel 059639/0425, 059639/0426, 059639/0427, 059639/0428). This indicates a series of internal re-organizations or clarifications of ownership within a short timeframe.

5. Pre-litigation transfer — unclear. The transfers occurred on 2021-10-28. The earliest litigation record found is an IPR case filed on 2026-02-16 (IPR2026-00163). This is well over 6 months after the assignments, so it doesn't fit the typical pattern of a pre-litigation transfer to enable assertion. However, the litigation records on Google Patents list several district court cases filed in 2025, which is still more than 6 months after the assignment dates, but could potentially be related to assertion. Without specific filing dates for those district court cases, it's difficult to confirm this signal.

6. Bankruptcy fire-sale — not present. No indication of bankruptcy for Moskowitz Family LLC.

7. Privateering — not present. There is no information to suggest privateering.

8. Defensive aggregator (anti-NPE) — not present. The chain does not terminate at any known defensive aggregator.

Verdict

Insufficient data.
While there are signals like cascading transfers and a repeat correspondent (Moskowitz Family LLC itself), these appear to be internal re-organizations within the Moskowitz family and their associated LLC rather than transfers to a third-party NPE. There is no clear evidence of transfer to a shell entity or a known asserter. The litigation events occur significantly after the assignments, making a pre-litigation transfer unlikely in the typical NPE pattern.

Verification: https://assignmentcenter.uspto.gov/

To identify the most relevant prior art for US patent 11376136 and provide the requested details, I will first locate the patent on the USPTO website and then analyze its cited references.

US Patent 11376136: Expandable spinal implant and tool system

Publication Number: US11376136B2
Title: Expandable spinal implant and tool system
Publication Date: 2022-07-05
Filing Date: 2020-01-16
Assignee: Moskowitz Family LLC
Inventors: Ahmnon D. Moskowitz, Pablo A. Valdivia Y. Alvarado, Mosheh T. Moskowitz, Nathan C. Moskowitz

Legal Status

The patent's legal status is listed as "Expired - Lifetime, expires 2026-03-17". It also indicates ongoing litigation, including a PTAB case IPR2026-00163 (Pending) and US cases filed in Minnesota and Delaware District Courts.

Most Relevant Prior Art (Cited References)

The patent text explicitly references several prior U.S. patent applications and patents as being incorporated by reference. These are key to understanding the prior art.

1. U.S. Provisional Application Ser. No. 60/670,231

   • Full Citation: U.S. Provisional Application Ser. No. 60/670,231
   • Publication/Filing Date: April 12, 2005 (Priority Date)
   • Brief Description: This provisional application serves as the earliest priority date for the family of patents leading to US11376136B2. It would generally describe early concepts related to the bidirectional screw (BDS) system or bi-directional fixating transvertebral (BDFT) screws and their application to the spine.
   • Potentially Anticipates: This provisional application likely anticipates many of the core inventive concepts of US11376136B2 related to BDFT screws, intervertebral spacers, and bone fusion apparatuses, as it is the foundational priority document. Specific claims would depend on the detailed content of this provisional application, but it likely covers the general concepts of a self-drilling bone fusion screw apparatus with opposing screws and adjustable components (Claims 1, 9, 14), as well as associated tools and staples (Claims 19, 25, 29).

2. U.S. application Ser. No. 11/208,644

   • Full Citation: U.S. application Ser. No. 11/208,644 (now U.S. Pat. No. 7,704,279)
   • Publication/Filing Date: August 23, 2005 (Filed)
   • Brief Description: This is a continuation-in-part of the provisional application and details the evolution of the bidirectional screw system. It likely covers the initial designs of BDFT screws, intervertebral spacers, and potentially early versions of the expandable screw box or facet staples.
   • Potentially Anticipates: Given its "continuation-in-part" status, this patent application likely anticipates many claims of US11376136B2 that relate to the fundamental design and function of the BDFT screw apparatus, including the concept of a box housing two screws, their opposing directions, and features like bone graft holes and ridged surfaces (Claims 1, 9, 14). It also mentions an earlier lumbar facet staple (referenced in 11376136B2 as Ser. No. 14/536,815, which itself cites Ser. No. 11/208,644), indicating anticipation of concepts in Claim 29.

3. U.S. application Ser. No. 11/536,815

   • Full Citation: U.S. application Ser. No. 11/536,815 (now U.S. Pat. No. 7,846,188)
   • Publication/Filing Date: September 29, 2006 (Filed)
   • Brief Description: This is another continuation-in-part, building upon the previous applications. It would likely introduce further refinements or new embodiments of the BDFT screw system, possibly including early concepts of the expanding screw box with sliding bases or more developed facet staple designs with calibrated mechanisms.
   • Potentially Anticipates: As a continuation-in-part, this application is highly likely to anticipate claims related to the expanding screw box with sliding triangular bases and an adjuster (Claim 1), as well as features such as sliding rails and ridged surfaces (Claim 6, 7). It also explicitly mentions the lumbar facet staple with a calibrated ratcheting mechanism (Claim 29), which is further improved in 11376136B2.

4. U.S. application Ser. No. 11/842,855

   • Full Citation: U.S. application Ser. No. 11/842,855 (now U.S. Pat. No. 7,942,903)
   • Publication/Filing Date: August 21, 2007 (Filed)
   • Brief Description: This application serves as a continuation for later patents and would encompass the developments from the earlier applications, further detailing the BDFT screw system and its various embodiments, including potentially the tool systems and plate/cage attachments.
   • Potentially Anticipates: This application, being a direct lineage, is likely to anticipate a broad range of claims, including the self-drilling bone fusion screw apparatus (Claims 1, 9, 14), the attachment members like plates or circumferential cages (Claim 17), and aspects of the tool assembly (Claim 19).

5. U.S. application Ser. No. 13/084,543

   • Full Citation: U.S. application Ser. No. 13/084,543 (now U.S. Pat. No. 8,353,913)
   • Publication/Filing Date: April 11, 2011 (Filed)
   • Brief Description: This is a continuation of U.S. application Ser. No. 11/842,855. It would describe the continued evolution and specific embodiments of the expandable spinal implant and tool system.
   • Potentially Anticipates: As a continuation, this application would cover the various embodiments of the screw box, including the expandable and non-expandable versions, single-screw boxes, and the integration with plates or cages. Therefore, it would potentially anticipate Claims 1, 9, 14, and 17.

6. U.S. application Ser. No. 13/108,982

   • Full Citation: U.S. application Ser. No. 13/108,982 (now U.S. Pat. No. 9,005,293)
   • Publication/Filing Date: May 16, 2011 (Filed)
   • Brief Description: This is also a continuation of U.S. application Ser. No. 11/842,855. It would detail further developments and specific features of the expandable spinal implant and tool system, potentially focusing on the cervical facet staples or specific aspects of the tool assembly.
   • Potentially Anticipates: Similar to the previous continuation, this application would likely anticipate Claims 1, 9, 14, 17, and particularly the claims related to the cervical facet staple (Claim 25) and the impaction tool (Claim 29).

7. U.S. Pat. No. 10,537,442

   • Full Citation: U.S. Pat. No. 10,537,442
   • Publication/Filing Date: April 3, 2018 (Filing date of parent application Ser. No. 15/944,117)
   • Brief Description: This patent is a direct antecedent, being a continuation application in the chain leading to US11376136B2. It would describe aspects of the expandable spinal implant and tool system.
   • Potentially Anticipates: As a direct continuation, this patent is highly likely to anticipate most, if not all, of the claims in US11376136B2, especially those related to the self-drilling bone fusion screw apparatus, its various configurations, and the associated tool system and staples (Claims 1-30).

8. U.S. Pat. No. 10,390,969

   • Full Citation: U.S. Pat. No. 10,390,969
   • Publication/Filing Date: February 12, 2018 (Filing date of parent application Ser. No. 15/894,471)
   • Brief Description: This patent is also a direct antecedent, being a continuation application in the chain leading to US11376136B2. It would describe aspects of the expandable spinal implant and tool system.
   • Potentially Anticipates: As a direct continuation, this patent is highly likely to anticipate most, if not all, of the claims in US11376136B2, especially those related to the self-drilling bone fusion screw apparatus, its various configurations, and the associated tool system and staples (Claims 1-30).

9. U.S. Pat. No. 9,889,022

   • Full Citation: U.S. Pat. No. 9,889,022
   • Publication/Filing Date: August 15, 2011 (Filing date of parent application Ser. No. 13/210,157)
   • Brief Description: This patent is a direct antecedent, being a continuation application in the chain leading to US11376136B2. It would describe aspects of the expandable spinal implant and tool system.
   • Potentially Anticipates: As a direct continuation, this patent is highly likely to anticipate most, if not all, of the claims in US11376136B2, especially those related to the self-drilling bone fusion screw apparatus, its various configurations, and the associated tool system and staples (Claims 1-30).

It is important to note that without the full text of each cited patent and application, a definitive determination of anticipation for each claim under 35 U.S.C. § 102 cannot be made with absolute certainty. However, given their familial relationship and the "continuation" or "continuation-in-part" status, these documents are the most relevant prior art and are highly likely to anticipate many of the claims of US11376136B2.

The obviousness analysis of US patent 11376136 under 35 U.S.C. § 103 requires identifying combinations of prior art references that would render the claims obvious, along with the motivation for a person having ordinary skill in the art (POSA) to combine them. For this analysis, the patent's own disclosures regarding its lineage and "previous designs" or "co-pending patents" will be treated as the primary prior art, as explicitly stated within the provided patent text. The priority date for this patent is April 12, 2005.

The patent US11376136 is a continuation of a chain of applications, including U.S. application Ser. No. 11/208,644 (now U.S. Pat. No. 7,704,279), U.S. application Ser. No. 11/536,815 (now U.S. Pat. No. 7,846,188), and U.S. application Ser. No. 11/842,855 (now U.S. Pat. No. 7,942,903), among others, all of which are incorporated by reference and disclose earlier aspects of the same inventive concept. The "Description of the Relevant Art" section of US11376136 also explicitly refers to "our two prior copending application Ser. No. 14/536,815, filed on Sep. 29, 2006, and Ser. No. 11/208,644, filed on Aug. 23, 2005" as relevant prior art.

A POSA in the field of spinal implants and surgical tools would have an understanding of existing intervertebral fusion devices, bone screws, expandable cages, facet staples, and associated surgical instrumentation.

Obviousness Analysis of Independent Claims:

Claim 1: Self-drilling bone fusion screw apparatus (expandable)

• Elements of Claim 1: A self-drilling bone fusion screw apparatus including a first sliding box, a second sliding box positioned relative to the first, a first screw member with a tapered end and threaded body within the first box, a second screw member with a tapered end and threaded body within the second box, and an adjuster for adjusting the height of the sliding boxes.
• Prior Art Basis (from US11376136 itself): The patent states that the expansion features "represent a continued evolution of our concept of expandable fusion cages described in our previous co-pending patents". It also indicates that "previous designs" employed "wormed driving screws and gears". This implies that earlier versions of their own intervertebral devices (e.g., disclosed in U.S. Pat. No. 7,704,279, U.S. Pat. No. 7,846,188, or U.S. Pat. No. 7,942,903) incorporated the general concept of expandable fusion cages and bi-directional screws.
• Motivation for Combination/Modification: A POSA would be motivated to improve existing expandable fusion cages to better fit the individual disc space height and depth, as explicitly stated in the patent. Given the existence of "expandable fusion cages" in their own "previous co-pending patents" by the same inventors, the specific implementation of "sliding triangular bases" and a "built-in screw adjuster" for height adjustment, as claimed, would have been an obvious design choice for a POSA seeking to achieve adjustable expansion. Sliding mechanisms and screw adjusters are well-known mechanical elements for achieving controlled expansion and custom fitting in various devices, including medical implants. The patent further explains that this embodiment "may eliminate the intervening wormed driving screws and gears required by previous designs," suggesting a motivation to simplify the mechanism.

Claim 11: Self-drilling bone fusion screw apparatus (single box, two lateral screws)

• Elements of Claim 11: A self-drilling bone fusion screw apparatus comprising a box, a first screw member and a second screw member (each with tapered end and threaded body) disposed at least partially within the box and laterally aligned with the box, and a plurality of ridges disposed along the sides of the box.
• Prior Art Basis (from US11376136 itself): The patent states, "We have designed a screw box to be placed inter-vertebrally... The housing screw box incorporates built-in screw and/or drill guides which allow the direct placement and insertion of two self drilling screws which are driven in two opposing directions into superior and inferior vertebral bodies, respectively". This is presented as an alternative to "intervening wormed driving screws and gears required by previous designs". The patent also describes ridges on the external edges of the bases (e.g., ridges 107 in FIGS. 1A-E and ridges 207 in FIGS. 2A-C) to facilitate integration and fusion with vertebral bodies.
• Motivation for Combination/Modification: A POSA, aware of the inventors' "previous designs" that utilized bi-directional screws with wormed gears, would be motivated to simplify the design, reduce complexity, and potentially ease production by eliminating the gears. Designing a "gearless screw box" with "built-in screw and/or drill guides" to directly place two self-drilling screws, as described, represents an obvious modification to achieve the same function of transvertebral fixation while improving surgical handling and potentially reducing component count. The inclusion of ridges for bone integration is a standard feature in interbody fusion devices to enhance stability and fusion. The choice of "laterally aligned" screws is an obvious design variation for screw trajectory.

Claim 13: Self-drilling bone fusion screw apparatus (two boxes, attachment member)

• Elements of Claim 13: A self-drilling bone fusion screw apparatus including a first box with a first screw member (tapered end, threaded body, laterally aligned), a second box with a second screw member (tapered end, threaded body, laterally aligned), and an attachment member for engaging the first and second boxes.
• Prior Art Basis (from US11376136 itself): The patent describes an embodiment where "a screw box which houses only one, instead of two screws" is used, with "two separate single screw boxes fuse the superior and inferior vertebrae". It further explicitly discloses that these screw boxes "can be capped with a horizontal mini-plate which will prevent bony growth into the thecal sac and nerves," referring to it as a "two-in-one device". Alternatively, "two BDFT screw boxes can be combined with a circumferential cage (also 2 in 1) to be placed anteriorly into the lumbar spine".
• Motivation for Combination/Modification: The patent explicitly articulates the motivation: to diminish the width of the screw box "in cases where it might be favorable to have less nerve root retraction with a smaller width device". Combining two such single-screw boxes with an attachment member (plate or circumferential cage) would be an obvious way to achieve broader intervertebral support, enhance fusion stability, and act as a physical barrier to prevent bone graft intrusion, as clearly stated in the patent. The use of plates or cages to connect or supplement intervertebral implants is common in spinal fusion surgery.

Claim 16: Tool assembly for manipulating a self-drilling bone fusion screw apparatus

• Elements of Claim 16: A tool assembly comprising a handle, a gripper cooperating with the handle and having a plurality of prongs, and a screw guide held in place by the plurality of prongs for controlling the direction of self-drilling screws.
• Prior Art Basis (from US11376136 itself): The patent explicitly describes this tool: "The key components of this device include an Allen key 501, a spring 502, a handle 503, a griper 504 and a screw guide 505". It states that "The griper 504 has griper prongs 506 which insert into grooves of the screw guide 505 and the screw box 200 (FIGS. 5A-D) thus perfectly aligning them". The tool's purpose is to assist in screw trajectory and box expansion.
• Motivation for Combination/Modification: Surgical tools for implant placement are essential companions to implants. A POSA would be motivated to develop a tool that ensures accurate placement, alignment, and screw trajectory for the described screw box apparatuses. The components (handle, gripper with prongs, and screw guide) are standard elements in surgical instrument design, and their combination to achieve precise control during implant insertion and screw placement would be an obvious engineering task for a POSA.

Claim 20: Cervical facet staple

• Elements of Claim 20: A cervical facet staple including a curved staple base, at least two prongs attached to the bottom surface of the curved staple base, and an insertion member disposed on the top surface of the curved staple base.
• Prior Art Basis (from US11376136 itself): The patent clearly states, "In this patent application we also introduce a novel posterior cervical facet stapling device". However, it also refers to "Previous improvements included a novel calibrated lumbar/thoracic facet stapling device" from its "previous co-pending patent application Ser. No. 14/536,815, filed on Sep. 29, 2006, and Ser. No. 11/208,644, filed on Aug. 23, 2005".
• Motivation for Combination/Modification: A POSA, already aware of the inventors' lumbar/thoracic facet stapling devices, would be motivated to apply similar principles to the cervical spine to address the need for cervical fusion. The patent itself highlights the "advantage of cervical facet staples is speed and safety" and that they "obviate" risks associated with cervical pedicle screw fixation. Adapting a known facet stapling concept from one spinal region (lumbar/thoracic) to another (cervical) would involve adjusting the staple base to be "contoured to align with the curved surface of the cervical facet joints", which is a routine design adaptation for a POSA understanding spinal anatomy. The prongs and an insertion member are fundamental features of a staple for attachment and insertion.

Claim 23: Impaction tool for a cervical facet staple

• Elements of Claim 23: An impaction tool for a cervical facet staple, comprising a handle, a stem attached to the handle, a plurality of wings for contacting the cervical facet staple, and an insertion member for coupling the cervical facet staple to the impaction tool.
• Prior Art Basis (from US11376136 itself): The patent describes the "two-pronged cervical staple impactor 900" and "four-pronged cervical staple impactor 1000" (FIGS. 9A-B, 10A-C) for use with the cervical facet staples. These tools include a handle, stem, wings, and a screw insert for coupling.
• Motivation for Combination/Modification: Once the cervical facet staple (Claim 20) is considered obvious, the development of a suitable impaction tool to facilitate its precise and safe insertion would be obvious to a POSA. The described features—a handle for gripping, a stem to provide length, wings to stabilize the staple during impaction, and an insertion member for coupling—are all well-known elements in the design of surgical impaction tools. The handle being "broad in order to allow impaction by a mallet" is a logical design choice for such a tool.

Claim 25: Lumbar facet staple with calibrated ratcheting mechanism

• Elements of Claim 25: A lumbar facet staple comprising a pair of rotating arms, at least two prongs attached to the inner surfaces of the rotating arms, a plurality of spurs attached to one of the rotating arms, and a ratchet attached to one of the rotating arms, wherein the rotating arms and prongs are rotated to a closed position to staple a lumbar facet joint.
• Prior Art Basis (from US11376136 itself): The patent explicitly states that "This lumbar facet staple has been thoroughly described in our previous co-pending patent application Ser. No. 14/536,815, filed on Sep. 29, 2006, and Ser. No. 11/208,644, filed on Aug. 23, 2005, the relevant portion of each of which is hereby incorporated by reference hereinafter". It then specifies that "the new improvement of this device includes a ratchet 1201".
• Motivation for Combination/Modification: The core lumbar facet staple with rotating arms and prongs is admitted to be prior art by the inventors themselves. The "new improvement" is the addition of a ratchet mechanism to provide "calibrated levels of lumbar facet joint fusion, and conversely diminishing joint flexibility". Ratcheting mechanisms are common mechanical devices used across various industries, including medical devices, for incremental adjustment, controlled closure, and locking. A POSA, desiring to enhance the "calibrating capability" and achieve varying degrees of "flexible fusions" as stated in the patent, would find it obvious to integrate a known ratcheting mechanism with an existing lumbar facet staple design to achieve this adjustability and calibration.

To provide detailed information regarding US Patent 11376136, including patent term adjustments (PTA), patent term extensions (PTE), continuation applications, divisional applications, related family members, and the projected expiration date, I will rely on information typically found in the USPTO's public patent databases.

US Patent 11376136: Expandable spinal implant and tool system

• Issue Date: July 5, 2022
• Filing Date: January 16, 2020
• Priority Date: April 12, 2005

Patent Term Adjustments (PTA)

Patent Term Adjustment (PTA) is granted to compensate for delays incurred by the USPTO during the prosecution of a patent application. The USPTO automatically calculates PTA and provides a notice of determination.

To determine the exact PTA for US11376136, one would typically need to review the "Patent Term Adjustment" section on the USPTO's Patent Center or review the patent's front page, which often states if PTA has been granted. Without direct access to the official USPTO patent record for 11376136 at this moment, the precise number of days of PTA cannot be definitively stated.

Patent Term Extensions (PTE)

Patent Term Extensions (PTE) are distinct from PTA and are granted under 35 U.S.C. § 156 for patents on certain human drugs, food or color additives, medical devices, animal drugs, and veterinary biological products to restore time lost during regulatory review and approval by agencies like the FDA.

As US11376136 relates to a "spinal implant and tool system," it falls under the category of medical devices, which may be eligible for a PTE. However, eligibility and the length of any extension depend on the time lost during regulatory review.

To determine if a PTE was applied to US11376136, it would be necessary to consult the USPTO's lists of applications for patent term extension and patent terms extended under 35 U.S.C. § 156, available in Patent Center. Without this specific information, it cannot be confirmed whether US11376136 has received a PTE.

Continuation and Divisional Applications

The provided patent text for US11376136 explicitly states its lineage, indicating that it is a continuation of a series of applications:

• U.S. application Ser. No. 15/944,117, filed Apr. 3, 2018 (now U.S. Pat. No. 10,537,442)
• U.S. application Ser. No. 15/894,471, filed Feb. 12, 2018 (now U.S. Pat. No. 10,390,969)
• U.S. application Ser. No. 13/210,157, filed Aug. 15, 2011 (now U.S. Pat. No. 9,889,022)
• U.S. application Ser. No. 13/084,543, filed Apr. 11, 2011 (now U.S. Pat. No. 8,353,913)
• U.S. application Ser. No. 13/108,982, filed May 16, 2011 (now U.S. Pat. No. 9,005,293)
• U.S. application Ser. No. 11/842,855, filed Aug. 21, 2007 (now U.S. Pat. No. 7,942,903)
• U.S. application Ser. No. 11/536,815, filed Sep. 29, 2006 (now U.S. Pat. No. 7,846,188)
• U.S. application Ser. No. 11/208,644, filed Aug. 23, 2005 (now U.S. Pat. No. 7,704,279)
• U.S. Provisional Application Ser. No. 60/670,231, filed Apr. 12, 2005 (claims priority from this provisional)

This shows that US11376136 is a continuation application in a long chain, meaning it claims priority to, and discloses subject matter from, these earlier-filed, co-pending applications. A continuation application is filed to pursue additional claims based on the same disclosure as a prior-filed, co-pending nonprovisional application.

The provided information does not explicitly state any divisional applications of US11376136. A divisional application typically arises when an earlier application contains claims to more than one invention, and the USPTO requires the applicant to elect one.

Related Family Members

The patent family members are directly identifiable from the continuation chain listed above and the "Other versions" section on Google Patents. These include:

• US20200253747A1 (Publication of the application that led to US11376136B2)
• U.S. Pat. No. 10,537,442
• U.S. Pat. No. 10,390,969
• U.S. Pat. No. 9,889,022
• U.S. Pat. No. 8,353,913
• U.S. Pat. No. 9,005,293
• U.S. Pat. No. 7,942,903
• U.S. Pat. No. 7,846,188
• U.S. Pat. No. 7,704,279
• US11903849B2 (Priority to US17/706,873)
• US12539219B2 (Priority to US18/444,119)

Projected Expiration Date

The legal status provided in the initial patent text states: "Expired - Lifetime, expires 2026-03-17."

This statement presents a contradiction because a patent that "expires 2026-03-17" would not be labeled as "Expired - Lifetime" on May 28, 2026 (the current date). A patent term generally lasts 20 years from its earliest priority date. The earliest priority date for US11376136 is April 12, 2005, from U.S. Provisional Application Ser. No. 60/670,231.

Calculating 20 years from the priority date of April 12, 2005, would put the unadjusted expiration date at April 12, 2025.

The listed "expires 2026-03-17" suggests that either:

1. There was some PTA awarded that extended the term beyond April 12, 2025, to March 17, 2026.
2. The "Expired - Lifetime" status is a current assessment given the current date (May 28, 2026) which is after March 17, 2026, meaning it is indeed expired as of the current date.

Given the current date of May 28, 2026, and the indicated expiration date of March 17, 2026, US Patent 11376136 is currently expired. The "Lifetime" reference might be a general term within the database indicating the end of its statutory life.