Prior art

US patent 12011367, titled "Expandable intervertebral device," was issued on June 18, 2024, from an application filed on August 20, 2021. The patent describes a unique, universal Zero-Profile Expandable Intervertebral Spacer (ZP-EIS) device for spinal fusion and distraction. It features multiple embodiments with various calibrated expansion mechanisms. Two embodiments include bi-directional fixating transvertebral (BDFT) screws, while five others do not. The patent also discloses a universal tool for intervertebral placement and device expansion.

To identify the most relevant prior art and analyze potential anticipation under 35 U.S.C. § 102, I would ideally need to access the full list of "References Cited" from the USPTO patent document for US patent 12011367. This list would include patents and other publications considered by the examiner during prosecution. However, without direct access to the USPTO's complete citation record for this specific patent in the provided tools, I will rely on the "Prior art date" and "Priority date" provided in the initial patent text, as well as the "Cross-Reference to Related Applications" section for indirect prior art from the patent family.

The "Prior art date" for US12011367B2 is listed as April 12, 2005, and the "Priority date" is also April 12, 2005. This indicates the earliest date from which the invention claims benefit.

The "Cross-Reference to Related Applications" section lists several related patent applications from which US12011367B2 claims priority. These applications, and the patents that issued from them, represent significant prior art within the patent family. Under 35 U.S.C. § 102, a claim is anticipated if every element of the claim is found, either explicitly or inherently, in a single prior art reference.

Here are the most relevant prior art documents based on the provided "Cross-Reference to Related Applications" and their potential relevance to US12011367B2, considering the information available in the patent description:

Prior Art References (from Cross-Reference to Related Applications):

1. U.S. Pat. No. 7,704,279

   • Full Citation: U.S. Pat. No. 7,704,279, filed August 23, 2005, issued April 27, 2010.
   • Publication/Filing Date: Filed August 23, 2005 / Issued April 27, 2010.
   • Brief Description: This patent is a direct ancestor, claiming priority from U.S. provisional application No. 60/670,231, filed on April 12, 2005. The current patent explicitly states that the present invention builds upon concepts introduced in earlier applications, including "zero-profile" spinal fusion devices, and expandable stand-alone intervertebral spinal fusion devices with BDFT screws. The '279 patent likely discloses foundational aspects of the ZP-EIS device, particularly non-expandable and expandable stand-alone intervertebral spinal fusion devices with incorporated BDFT screws.
   • Potential Anticipated Claims: This patent could potentially anticipate claims in US12011367B2 related to the fundamental concept of a "zero-profile" intervertebral fusion device, devices incorporating BDFT screws, and the general idea of an expandable intervertebral spacer for fusion and distraction. Any claims in US12011367B2 that are broad enough to cover the core features of these earlier described devices, particularly those with BDFT screws, would be at risk of anticipation. For example, claims related to an expandable intervertebral spacer with top and bottom bases and bi-directional screws (as described in Embodiment I of 12011367B2) might be anticipated if the '279 patent detailed such a configuration.

2. U.S. Pat. No. 7,846,188

   • Full Citation: U.S. Pat. No. 7,846,188, filed September 29, 2006, issued December 7, 2010.
   • Publication/Filing Date: Filed September 29, 2006 / Issued December 7, 2010.
   • Brief Description: This patent is a continuation-in-part of application Ser. No. 11/208,644 (which led to US Pat. No. 7,704,279). It likely expanded upon the original concepts, potentially introducing further refinements or alternative embodiments of the zero-profile expandable intervertebral devices, possibly including more details on expansion mechanisms or tool adaptability. The description of US12011367B2 mentions that "Applicants also have described zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws" in earlier applications, and this patent would fall into that category.
   • Potential Anticipated Claims: Claims in US12011367B2 related to specific expansion mechanisms or structural features of the ZP-EIS devices that were introduced or further elaborated in the '188 patent could be anticipated. For example, if the '188 patent described an early version of the "sliding triangular bases" or the coupling mechanisms for BDFT screws, relevant claims in 12011367B2 could be anticipated.

3. U.S. Pat. No. 7,942,903

   • Full Citation: U.S. Pat. No. 7,942,903, filed August 21, 2007, issued May 17, 2011.
   • Publication/Filing Date: Filed August 21, 2007 / Issued May 17, 2011.
   • Brief Description: This patent is a continuation of US application Ser. No. 11/842,855 (which itself is a continuation-in-part of Ser. No. 11/536,815, which led to US Pat. No. 7,846,188). This continued lineage suggests further development and detailing of the ZP-EIS devices, potentially covering aspects like improved contoured bodies with tapered edges or more advanced calibrated expandable mechanisms. The present patent mentions "exemplary embodiments of advanced ZP-EIS devices with BDFT screws are provided which have an improved contoured body with tapered edges to more precisely insert into and conform to the biconcave disc space" building on prior work.
   • Potential Anticipated Claims: Claims in US12011367B2 related to the "improved contoured body with tapered edges" or specific advancements in the calibrated expansion mechanisms, particularly for devices with BDFT screws, would be susceptible to anticipation by the '903 patent if those features were adequately disclosed therein.

4. U.S. Pat. No. 8,353,913

   • Full Citation: U.S. Pat. No. 8,353,913, filed April 11, 2011, issued January 15, 2013.
   • Publication/Filing Date: Filed April 11, 2011 / Issued January 15, 2013.
   • Brief Description: This patent is cited as a parent application for multiple continuations, including those that led to the present patent. It likely encompasses a broad range of the ZP-EIS device concepts, including both BDFT and non-BDFT embodiments, and their general operability for intervertebral distraction and fusion.
   • Potential Anticipated Claims: Given its central role in the priority chain, the '913 patent could anticipate a wide array of claims in US12011367B2, particularly those describing the fundamental features and methods of operation of the various ZP-EIS device embodiments, both with and without BDFT screws, and the overall goal of calibrated expansion and segmental fusion.

5. U.S. Pat. No. 9,005,293

   • Full Citation: U.S. Pat. No. 9,005,293, filed May 16, 2011, issued April 14, 2015.
   • Publication/Filing Date: Filed May 16, 2011 / Issued April 14, 2015.
   • Brief Description: Similar to the '913 patent, this patent is also a direct ancestor and a basis for numerous continuation applications leading to US12011367B2. It would likely disclose further developments in the various expansion mechanisms and the universal tool.
   • Potential Anticipated Claims: Claims in US12011367B2 relating to the specific mechanics of expansion (e.g., scissor jack, tapered thread, anchor, modified wedge, worm drive), the design of the universal tool, or any refinements to these aspects that were present in the '293 patent would be subject to anticipation.

General Considerations for Anticipation:

For any claim in US12011367B2 to be anticipated by one of these prior art references, every limitation of that claim must be present in a single prior art reference, either explicitly or inherently. The "Cross-Reference to Related Applications" explicitly states that the present application describes "more advanced ZP-EIS devices" and "enhanced individualized intervertebral conformation, and multiple methods of finely calibrating intervertebral expansion," implying that while the core concepts may be present in the ancestors, the current patent focuses on specific improvements and further refinements. Therefore, claims in US12011367B2 that introduce genuinely new features or combinations, or that define the "nuanced, fine-tuned incremental and calibrated distraction" with sufficient specificity, might overcome anticipation. However, claims that broadly recite elements previously disclosed in these parent patents would be vulnerable.

To conduct a thorough anticipation analysis, a detailed comparison of each claim of US12011367B2 against the full disclosure of each identified prior art patent would be necessary. This would involve examining the drawings, detailed descriptions, and claims of each prior art document.