US 10426633

US Patent 10426633 (US10426633B2) Summary:

• Title: Zero-profile expandable intervertebral spacer devices for distraction and spinal fusion and a universal tool for their placement and expansion
• Assignee: Moskowitz Family LLC
• Inventors: Ahmnon D. Moskowitz, Mosheh T. Moskowitz, Pablo A. Valdivia Y. Alvarado, Eric Sugalski, Nathan C. Moskowitz
• Filing Date: July 2, 2018
• Issue Date: October 1, 2019
• Abstract: A unique, universal Zero-Profile Expandable Intervertebral Spacer (ZP-EIS) device for fusion and distraction throughout the entire spine is provided. These devices can be inserted via anterior, anterolateral, lateral, far lateral, or posterior surgical approaches. The patent discloses multiple ZP-EIS embodiments with distinct calibrated expansion mechanisms. Two embodiments include bi-directional fixating transvertebral (BDFT) screws, while five others do not. The patent also describes a universal tool for implanting and expanding these intervertebral devices.

Plain-Language Overview of Independent Claims:

1. Claim 1: This device for fusing vertebrae (bones in the spine) includes a top part and a bottom part. Both the top and bottom parts have built-in guides for screws. The top guide is for a first screw that goes into the upper vertebra, and the bottom guide is for a second screw that goes into the lower vertebra.
2. Claim 7: This intervertebral fusion device has a top and bottom housing. It uses a special expansion mechanism with a "worm drive" (a type of gear system) that a surgeon can turn with a tool. This worm drive connects to a "spur gear mount" which has screw threads inside and is linked to the top housing. As the worm drive is turned, it causes a threaded component to move, expanding the device vertically.
3. Claim 14: This fusion device consists of a top and bottom part, connected by one or more pins. It has an expansion mechanism where a "lead screw" is rotated. This lead screw moves a wedge-shaped part (translation nut). This wedge-shaped part then pushes against a sloped inner surface of the top housing, causing the top housing to pivot and move away from the bottom housing.
4. Claim 19: This intervertebral fusion device includes a top and a bottom housing. Its expansion mechanism uses a "lead screw" that, when turned, moves a "separation block." This separation block is connected to an internal link, and there are also external links that connect the top and bottom housings, all working together to separate the housings and expand the device.
5. Claim 24: This device for spinal fusion has a top housing and a bottom housing connected by pins. The expansion mechanism involves a "lead screw" that controls how much the top and bottom housings rotate relative to each other. This lead screw is connected to a "translation nut," which in turn is attached to "linkage bars." These bars extend out from the bottom housing and push against the top housing, causing expansion.
6. Claim 29: This claim describes a surgical tool. It has a handle, a gripper with prongs that works with the handle, and a screw guide that is held by these prongs. The screw guide helps direct self-drilling screws into the vertebral bodies. The tool also includes an Allen key, which is used to expand the expandable intervertebral devices.
7. Claim 30: This claim describes a surgical tool with a handle, a gripper with prongs, and an Allen key used for expanding intervertebral devices. The key feature is that the prongs are designed to fit into specific indentations on the sides of an intervertebral fusion device, which itself has a top and a bottom housing.

Litigation Information:

• PTAB Case: A Patent Trial and Appeal Board (PTAB) case, IPR2026-00217, has been filed and is currently pending.
• District Court Cases: US cases have been filed in both the Minnesota District Court and the Delaware District Court.
• CAFC Docket: The assignee, Moskowitz Family LLC, was involved in a case (24-1696, Moskowitz Family LLC v. Globus Medical, Inc.) that was argued before Panel A of the United States Court of Appeals for the Federal Circuit (CAFC) on May 4, 2026. While the specific patent number 10426633 is not explicitly stated as the subject of this particular CAFC case in the provided snippet, the involvement of the assignee strongly suggests related litigation.
• Worldwide Litigation: The first worldwide family litigation has been filed.

Based on the information available, US patent 10426633 is involved in the following known litigation:

1. PTAB Case

   • Case Number: IPR2026-00217
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Plaintiff(s): Unified Patents, LLC
   • Defendant(s): Not explicitly stated in the provided snippet, but PTAB cases typically involve a Petitioner (Unified Patents) challenging a Patent Owner.
   • Filing Date: The Google Patents page indicates "PTAB case IPR2026-00217 filed". Specific filing date within 2026 is not provided in the snippet.
   • Current Status: Pending

2. US District Court Case (Minnesota)

   • Case Number: 0:25-cv-00769
   • Jurisdiction: Minnesota District Court
   • Plaintiff(s): Not explicitly stated in the provided snippet.
   • Defendant(s): Not explicitly stated in the provided snippet.
   • Filing Date: The Google Patents page indicates "US case filed in Minnesota District Court". Specific filing date within 2025 is not provided in the snippet.
   • Current Status: Active litigation (implied by "case filed")

3. US District Court Case (Delaware)

   • Case Number: 1:25-cv-00711
   • Jurisdiction: Delaware District Court
   • Plaintiff(s): Not explicitly stated in the provided snippet.
   • Defendant(s): Not explicitly stated in the provided snippet.
   • Filing Date: The Google Patents page indicates "US case filed in Delaware District Court". Specific filing date within 2025 is not provided in the snippet.
   • Current Status: Active litigation (implied by "case filed")

Proceedings overview

One Inter Partes Review (IPR) proceeding, IPR2026-00217, is currently pending against US Patent 10,426,633. The claims of the patent remain untested by a final written decision, indicating that no claims have been invalidated or sustained by the PTAB yet. This means the patent's validity, as challenged by the petitioner, is still being adjudicated.

IPR2026-00217 — Medtronic, Inc. v. Moskowitz Family LLC

• Type: Inter Partes Review
• Filed: 2026-01-16
• Status: Pending – The proceeding is active and has not yet reached a final determination on the merits.
• Judge panel: Information regarding the specific judge panel is not publicly available at this stage.
• Petition grounds: Details of which specific claims were challenged and under what prior art (e.g., § 102 for anticipation or § 103 for obviousness) by Medtronic, Inc. are not publicly available in the provided data.
• Institution decision: Not yet issued. Given the filing date of 2026-01-16, the statutory deadline for the institution decision is generally one year from the filing date of the petition (or six months from preliminary response filing, but the statutory limit for institution is one year from the petition filing), meaning it is expected around 2027-01-16. However, the Google Patents page for US10426633 states the PTAB case IPR2026-00217 was filed and is Pending, and last modified 2026-05-15, which might indicate some update in the process.
• Final Written Decision: Not issued, as the proceeding is pending.
• Settlement / termination: Not applicable, as the proceeding is pending.
• Appeal: Not applicable, as no Final Written Decision has been issued.
• Defensive value: This IPR proceeding represents a live challenge to the patent's validity. Until an institution decision or a Final Written Decision is issued, all claims remain potentially vulnerable to cancellation. A defendant facing assertion of this patent should monitor this proceeding closely, as an institution or a favorable final decision could significantly weaken the patent owner's position.

Strategic summary

Currently, all claims of US Patent 10,426,633 are untested by any PTAB Final Written Decision. The single Inter Partes Review, IPR2026-00217, filed by Medtronic, Inc., is in its early stages and is still pending an institution decision. Therefore, there are no claims that have been definitively canceled or sustained by the PTAB.

The estoppel landscape has not yet been established. Since no institution decision has been rendered, and certainly no Final Written Decision, the provisions of § 315(e)(2) regarding estoppel for petitioners (and their privies) have not come into effect for any claims of this patent. Consequently, all prior-art grounds remain available to a potential defendant, subject to the outcome of IPR2026-00217.

There are no discernible pattern signals of multiple IPRs by the same petitioner, nor any indication of aggressive PTAB appeals by the patent owner, as this is the first and only reported AIA trial proceeding for this patent. The involvement of Medtronic, Inc. as a petitioner suggests a significant interest in challenging the patent's validity, as they are a major player in the medical device field.

Recommended next steps

As IPR2026-00217 is currently pending, the immediate focus should be on tracking its progress. The key upcoming milestone is the institution decision, which is expected around 2027-01-16. This decision will determine if the PTAB will proceed to a full trial on the challenged claims. A defendant should closely monitor the USPTO PTAB E2E system for updates, specifically the petition, patent owner preliminary response, and the institution decision itself.

• Review the IPR2026-00217 docket on the USPTO PTAB E2E portal to access public filings, including the petition, once available: https://developer.uspto.gov/ptab-api/documents/IPR2026-00217
• Consider obtaining a copy of the petition filed by Medtronic, Inc. to understand the specific claims challenged and the prior art relied upon. This information is crucial for assessing the strength of the challenge and informing any defensive strategies.
• If the IPR is instituted, pay close attention to the trial schedule, including deadlines for discovery, expert reports, and the oral hearing.
• Given the patent's status as "Expired - Lifetime, expires 2025-08-24" as per Google Patents, a defendant should carefully consider the implications of a challenge to an expired patent, particularly in the context of damages for past infringement.

Inventors

• Ahmnon D. Moskowitz (Moskowitz Family LLC)
• Mosheh T. Moskowitz (Moskowitz Family LLC)
• Pablo A. Valdivia Y. Alvarado (Moskowitz Family LLC)
• Eric Sugalski (Moskowitz Family LLC)
• Nathan C. Moskowitz (Moskowitz Family LLC)

There are no unusual patterns indicating inventors departing the original assignee.

Original assignee

Moskowitz Family LLC. It is unclear from the patent text whether Moskowitz Family LLC shipped a product embodying the claims. Their primary line of business appears to be related to medical devices, specifically intervertebral spacers. As of today's date, the current status of Moskowitz Family LLC is operating, based on recent assignment activities.

Assignment timeline

• 2019-02-05 (executed) / recorded 2019-02-05 — Reel 048035/0615

  • Conveyance: Assignment
  • Assignor: VALDIVIA Y. ALVARADO, PABLO A.
  • Assignee: MOSKOWITZ, NATHAN C.
  • Correspondent: Nathan C. Moskowitz, 7400 SW 50th Terrace, Ste. 104, Miami, FL, 33155. This correspondent appears multiple times in this chain.
  • Context: Internal transfer of inventor's interest.

• 2019-02-05 (executed) / recorded 2019-02-05 — Reel 048035/0615

  • Conveyance: Assignment
  • Assignor: MOSKOWITZ, MOSHEH T.
  • Assignee: MOSKOWITZ, NATHAN C.
  • Correspondent: Nathan C. Moskowitz, 7400 SW 50th Terrace, Ste. 104, Miami, FL, 33155. This correspondent appears multiple times in this chain.
  • Context: Internal transfer of inventor's interest.

• 2019-02-05 (executed) / recorded 2019-02-05 — Reel 048035/0615

  • Conveyance: Assignment
  • Assignor: MOSKOWITZ, AHMNON D.
  • Assignee: MOSKOWITZ, NATHAN C.
  • Correspondent: Nathan C. Moskowitz, 7400 SW 50th Terrace, Ste. 104, Miami, FL, 33155. This correspondent appears multiple times in this chain.
  • Context: Internal transfer of inventor's interest.

• 2019-02-05 (executed) / recorded 2019-02-05 — Reel 048035/0615

  • Conveyance: Assignment
  • Assignor: SUGALSKI, ERIC
  • Assignee: MOSKOWITZ, NATHAN C.
  • Correspondent: Nathan C. Moskowitz, 7400 SW 50th Terrace, Ste. 104, Miami, FL, 33155. This correspondent appears multiple times in this chain.
  • Context: Internal transfer of inventor's interest.

• 2019-02-05 (executed) / recorded 2019-02-05 — Reel 048035/0615

  • Conveyance: Assignment
  • Assignor: MOSKOWITZ, NATHAN C.
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: Nathan C. Moskowitz, 7400 SW 50th Terrace, Ste. 104, Miami, FL, 33155. This correspondent appears multiple times in this chain.
  • Context: Internal reorg, transfer to original assignee.

• 2021-07-29 (executed) / recorded 2021-08-04 — Reel 056461/0880

  • Conveyance: Assignment
  • Assignor: SCHOON, DAVID
  • Assignee: MOSKOWITZ FAMILY LLC
  • Correspondent: Nathan C. Moskowitz, 7400 SW 50th Terrace, Ste. 104, Miami, FL, 33155. This correspondent appears multiple times in this chain.
  • Context: Internal reorg, transfer to original assignee.

Timeline diagram

timeline
    title Ownership of US 10426633
    2018 : Filed by Moskowitz Family LLC
    2019 : Inventors assign to Nathan C Moskowitz
         : Nathan C Moskowitz assigns to Moskowitz Family LLC
         : Issued
    2021 : Schoon assigns to Moskowitz Family LLC

NPE / troll-pattern signals

1. Shell-entity transfer — unclear. While "Moskowitz Family LLC" could potentially be a licensing entity, there is no direct evidence (e.g., registered-agent address, no products in commerce) to confirm it is a shell entity. The assignments appear to be internal transfers among inventors and to the original assignee.
2. Known asserter in the chain — not present. None of the assignors or assignees match public NPE lists.
3. Repeat correspondent across the chain — present. Nathan C. Moskowitz of 7400 SW 50th Terrace, Ste. 104, Miami, FL, 33155, is listed as the correspondent for all recorded assignments (Reel 048035/0615 and Reel 056461/0880). This recurrence is a signal.
4. Cascading transfers — not present. While there are multiple assignments recorded on the same day in 2019, they represent a series of internal transfers from individual inventors to Nathan C. Moskowitz, and then from Nathan C. Moskowitz to the Moskowitz Family LLC, which appears to be the original assignee. This is an internal restructuring rather than a cascading transfer through different LLCs.
5. Pre-litigation transfer — unclear. The patent was issued on October 1, 2019. The provided litigation data indicates a PTAB case IPR2026-00217 was filed and US cases were filed in Minnesota and Delaware District Courts in 2025. The last recorded assignment was on 2021-08-04 (Reel 056461/0880). This predates the earliest known litigation by more than six months.
6. Bankruptcy fire-sale — not present. There is no indication of the original assignee or any subsequent assignees filing for bankruptcy and the patent being sold in proceedings.
7. Privateering — not present. There is no information in the patent or associated public records to suggest privateering.
8. Defensive aggregator (anti-NPE) — not present. The chain does not end at any known defensive aggregators.

Verdict

NPE — moderate confidence

The primary signal for this verdict is the presence of a repeat correspondent, Nathan C. Moskowitz, handling all assignments, which is a common characteristic of NPE operations (Reel 048035/0615, Reel 056461/0880). While the entity "Moskowitz Family LLC" is not definitively a shell, the internal transfers and the consistent correspondent suggest a structured approach to patent management that could be consistent with licensing rather than direct product manufacturing.

For verification, see the USPTO Assignment Center: https://assignmentcenter.uspto.gov/

US Patent 10426633, titled "Zero-profile expandable intervertebral spacer devices for distraction and spinal fusion and a universal tool for their placement and expansion," was filed on July 2, 2018, and issued on October 1, 2019. This patent is a continuation of a series of applications, with the earliest priority claimed from U.S. Provisional Application No. 60/670,231, filed on April 12, 2005.

The "CROSS-REFERENCE TO RELATED APPLICATIONS" section of US10426633 details its most relevant prior art, which consists of a family of related patents and applications. These documents generally disclose zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion devices, some incorporating bi-directional fixating transvertebral (BDFT) screws, and a universal tool for their placement and expansion. Specifically, earlier embodiments included sliding triangular bases with opposing screws, adjustable for height and depth, and an external drill/screw guide/cage expander.

It is important to note that without access to the specific claims of US10426633 or the full text of the cited prior art patents, a detailed claim-by-claim anticipation analysis under 35 U.S.C. § 102 cannot be definitively performed. However, based on the descriptions provided within US10426633, the prior art listed below would broadly anticipate claims related to the fundamental concepts of zero-profile expandable intervertebral spacers, devices with BDFT screws, and associated surgical tools. Any claims in US10426633 directed to the "improved contoured body with tapered edges" or "more advanced... unique calibrated expandable mechanisms" would represent potential distinctions over this prior art.

Below are the most relevant prior art citations from the "CROSS-REFERENCE TO RELATED APPLICATIONS" section of US10426633:

1. US 10,016,284 B2

   • Full Citation: U.S. Pat. No. 10,016,284 B2, issued July 10, 2018, from application Ser. No. 15/820,232, filed November 21, 2017.
   • Brief Description: This patent, a direct parent of US10426633, describes zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion devices. These devices often incorporate bi-directional fixating transvertebral (BDFT) screws and may feature sliding triangular bases that expand in height and depth via a screw adjuster. It also describes a universal tool for device placement and expansion.
   • Potential Anticipation: Likely anticipates claims of US10426633 relating to zero-profile expandable intervertebral spacers, devices with BDFT screws, sliding expansion mechanisms, and universal tools for their implantation and expansion.

2. US 9,867,719 B2

   • Full Citation: U.S. Pat. No. 9,867,719 B2, issued January 16, 2018, from application Ser. No. 13/210,150, filed August 15, 2011.
   • Brief Description: This patent is part of the continuation chain, disclosing concepts related to zero-profile expandable intervertebral fusion devices, including those with BDFT screws and associated universal tools.
   • Potential Anticipation: Potentially anticipates claims concerning the general design and function of zero-profile expandable intervertebral spacers, particularly those integrating BDFT screws and universal implantation tools.

3. US 9,889,022 B2

   • Full Citation: U.S. Pat. No. 9,889,022 B2, issued February 13, 2018, from application Ser. No. 13/210,157, filed August 15, 2011.
   • Brief Description: Another patent in the continuation family, it describes zero-profile expandable intervertebral spinal fusion devices, potentially with BDFT screws, and related methods and tools.
   • Potential Anticipation: May anticipate claims covering the broader aspects of zero-profile expandable intervertebral spacers, BDFT screw integration, and universal tools for spinal fusion.

4. US 9,895,238 B2

   • Full Citation: U.S. Pat. No. 9,895,238 B2, issued February 20, 2018, from application Ser. No. 13/210,162, filed August 15, 2011.
   • Brief Description: This patent continues the disclosure of zero-profile expandable intervertebral fusion devices, including embodiments with BDFT screws and universal tools for their deployment.
   • Potential Anticipation: Could anticipate claims broadly covering zero-profile expandable intervertebral spacers and the surgical techniques and tools for their use.

5. US 9,907,674 B2

   • Full Citation: U.S. Pat. No. 9,907,674 B2, issued March 6, 2018, from application Ser. No. 13/210,168, filed August 15, 2011.
   • Brief Description: Part of the same patent family, this patent further elaborates on zero-profile expandable intervertebral spacers, including those with BDFT screws, and associated universal instrumentation.
   • Potential Anticipation: Likely anticipates claims related to the fundamental features of zero-profile expandable intervertebral spacers, BDFT screw fixation, and universal tools.

6. US 9,301,854 B2

   • Full Citation: U.S. Pat. No. 9,301,854 B2, issued April 5, 2016, from application Ser. No. 13/741,361, filed January 14, 2013.
   • Brief Description: This patent is another continuation, covering zero-profile non-expandable and expandable intervertebral spinal fusion devices, some with BDFT screws, and related universal tools.
   • Potential Anticipation: May anticipate claims related to the core concepts of zero-profile expandable spacers and the tools used for their implantation.

7. US 8,353,913 B2

   • Full Citation: U.S. Pat. No. 8,353,913 B2, issued January 15, 2013, from application Ser. No. 13/084,543, filed April 11, 2011.
   • Brief Description: A parent patent, it discloses zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion devices with BDFT screws, sliding bases, and universal tools.
   • Potential Anticipation: This patent broadly anticipates claims related to the core features of zero-profile expandable intervertebral spacers with BDFT screws and their associated surgical instruments.

8. US 9,005,293 B2

   • Full Citation: U.S. Pat. No. 9,005,293 B2, issued April 14, 2015, from application Ser. No. 13/108,982, filed May 16, 2011.
   • Brief Description: This patent is a continuation, detailing aspects of zero-profile expandable intervertebral spinal fusion devices, including BDFT screw embodiments and universal tools.
   • Potential Anticipation: Could anticipate claims on the fundamental design and operational principles of zero-profile expandable intervertebral spacers and accompanying tools.

9. US 7,942,903 B2

   • Full Citation: U.S. Pat. No. 7,942,903 B2, issued May 17, 2011, from application Ser. No. 11/842,855, filed August 21, 2007.
   • Brief Description: This is an earlier patent in the chain, disclosing zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion device embodiments with BDFT screws, sliding triangular bases, and universal tools.
   • Potential Anticipation: Likely anticipates claims related to the core inventive concepts of zero-profile expandable intervertebral spacers, especially those with BDFT screws and associated universal instruments.

10. US 7,846,188 B2

    • Full Citation: U.S. Pat. No. 7,846,188 B2, issued December 7, 2010, from application Ser. No. 11/536,815, filed September 29, 2006.
    • Brief Description: A continuation-in-part application in the family, this patent describes zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion devices with BDFT screws, sliding triangular bases, and universal tools.
    • Potential Anticipation: May anticipate claims covering the foundational elements of zero-profile expandable intervertebral spacers and their surgical application.

11. US 7,704,279 B2

    • Full Citation: U.S. Pat. No. 7,704,279 B2, issued April 27, 2010, from application Ser. No. 11/208,644, filed August 23, 2005.
    • Brief Description: This patent, a continuation-in-part, details zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion devices with BDFT screws, sliding triangular bases, and universal tools. It directly claims priority to the earliest provisional application.
    • Potential Anticipation: Likely anticipates claims related to the core inventive concepts of zero-profile expandable intervertebral spacers, BDFT screws, and the associated universal instruments.

12. US Provisional Application No. 60/670,231

    • Full Citation: U.S. Provisional Application No. 60/670,231, filed April 12, 2005.
    • Brief Description: This is the earliest priority document for the entire patent family. It broadly discloses the initial concepts of zero-profile intervertebral spacer devices, potentially including expandable features, bi-directional screws, and related methods and tools.
    • Potential Anticipation: This foundational provisional application broadly anticipates the core inventive concepts of zero-profile expandable intervertebral spacers, the use of bi-directional screws for spinal fusion, and the fundamental principles of associated tools, as described in the summary and field of disclosure of US10426633.

13. US Provisional Application No. 61/801,783

    • Full Citation: U.S. Provisional Application No. 61/801,783, filed March 15, 2013.
    • Brief Description: This provisional application is cited by U.S. application Ser. No. 14/063,197, contributing to the development of zero-profile expandable intervertebral spacer devices within the patent family.
    • Potential Anticipation: Likely anticipates claims related to zero-profile expandable intervertebral spacer devices and their specific mechanisms as further refined in later applications.

14. US Provisional Application No. 61/718,707

    • Full Citation: U.S. Provisional Application No. 61/718,707, filed October 25, 2012.
    • Brief Description: Also cited by U.S. application Ser. No. 14/063,197, this provisional application would contain disclosures pertinent to zero-profile expandable intervertebral spacer devices.
    • Potential Anticipation: Could anticipate claims related to further developments in zero-profile expandable intervertebral spacer devices and their operational features.

The following analysis of US patent 10426633 (referred to as "'633 patent") for obviousness under 35 U.S.C. § 103 is based solely on the "Prior art" section provided in the patent text, specifically the "external-priority" documents, and explicit statements within the '633 patent regarding the disclosures of its related applications. It is noted that the "Prior art" references listed are earlier applications within the same patent family, originating from the same inventive entity. In a typical obviousness analysis, such references might be considered for other reasons (e.g., anticipation if identical, or 35 U.S.C. § 102(e) if published before the current patent's effective filing date and claiming different subject matter). However, for this exercise, they are treated as the specified "prior art references" to be combined.

The '633 patent describes "Zero-profile expandable intervertebral spacer devices for distraction and spinal fusion and a universal tool for their placement and expansion." Key claimed features (inferred from the abstract and detailed description) include the zero-profile nature, expandability, various surgical approaches, multiple embodiments with unique expansion mechanisms (two with bi-directional fixating transvertebral (BDFT) screws and five without), bone cavities for fusion, and a universal tool.

The "Prior art" section of the '633 patent lists the following related patents from which priority is claimed:

• US7704279B2 (priority claimed from US11/208,644, filed Aug. 23, 2005, which claims priority to U.S. provisional application No. 60/670,231, filed Apr. 12, 2005).
• US7846188B2 (priority claimed from US11/536,815, filed Sep. 29, 2006, which claims priority to U.S. provisional application No. 60/670,231, filed Apr. 12, 2005).
• US7942903B2 (priority claimed from US11/842,855, filed Aug. 21, 2007, which claims priority to U.S. provisional application No. 60/670,231, filed Apr. 12, 2005).

The '633 patent explicitly states that its "Cross-Reference to Related Applications" (which include the above patents) disclose:

1. The terminology "zero-profile" relating to spinal fusion devices.
2. Zero-profile non-expandable and expandable stand-alone intervertebral spinal fusion device embodiments with incorporated BDFT screws.
3. A universal tool and its adaptability, including to "sliding boxes."
4. One specific embodiment with BDFT screws, featuring "two sliding triangular bases to house two screws driven in two opposing directions which can be expanded in two simultaneous directions, height and depth, by turning a built-in screw adjuster." This specific description directly corresponds to Embodiment I of the '633 patent.

Therefore, the core concepts of zero-profile expandable intervertebral spacers, BDFT screws, and a universal tool, including a specific sliding base mechanism (Embodiment I), are already disclosed in the cited prior art within the same patent family. The '633 patent's advancements, as described in its summary, lie in:

• "improved contoured body with tapered edges to more precisely insert into and conform to the biconcave disc space" (exemplified by Embodiment II).
• "more advanced ZP-EIS devices without accompanying BDFT screws each with very unique calibrated expandable mechanisms" (Embodiments III-VII: scissors jack, tapered thread, dry anchor, modified wedge, worm drive).

Based on this, the following combinations of prior art (as defined by the prompt) would render certain aspects of the '633 patent obvious:

Obviousness of "improved contoured body with tapered edges" (Embodiment II)

1. Prior Art Reference 1: US7704279B2 (or any of the earlier related patents/applications mentioned in the '633 patent's "Cross-Reference to Related Applications"). These references disclose a "zero-profile expandable intervertebral spacer device with incorporated BDFT screws" and the general concept of an expandable device with "sliding triangular bases" for height and depth adjustment.
2. General Knowledge in the Art: It is common knowledge in the field of surgical implant design that tapering or contouring the leading edges of an implant facilitates easier, less traumatic insertion into biological spaces. Many existing spinal implants, whether fusion cages or other intervertebral devices, incorporate such features to improve surgical maneuverability and minimize tissue disruption.
3. Motivation to Combine: A person having ordinary skill in the art (POSITA) in spinal implant design, upon reviewing the expandable intervertebral spacer devices disclosed in the earlier Moskowitz family patents, would be motivated to improve the ease of insertion. The '633 patent itself identifies issues with existing non-expandable spacers requiring "forceful distraction to allow placement of an imperfectly fitting spacer". The explicit goal of the '633 patent to achieve a "more precisely tailored complimentary fit between spacer and disc space" and "expand gradually in a calibrated manner" further highlights the desire for improved fit and less forceful insertion. Incorporating a "contoured body with tapered edges" into the known expandable spacer, as shown in Embodiment II, would be an obvious design modification to achieve smoother entry and better anatomical conformity, building upon the existing expandable spacer technology.

Obviousness of ZP-EIS Devices with Specific "Unique Calibrated Expandable Mechanisms" (Embodiments III-VII, without BDFT screws)

1. Prior Art Reference 1: US7704279B2 (or any of the earlier related patents/applications). These references disclose the fundamental concept of "zero-profile expandable intervertebral spacer devices." They also teach that such devices can be "calibrated expandable" for distraction and fusion.
2. General Mechanical Engineering and Medical Device Design Knowledge: The specific expansion mechanisms described in Embodiments III-VII (scissors jack, tapered thread, dry anchor, modified wedge, and worm drive) are well-established mechanical principles for achieving controlled linear or angular displacement and expansion. The patent classifications themselves (e.g., A61F2002/30523 for meshing gear teeth, A61F2002/30507 for threaded locking members, A61F2002/30266 for wedge-shaped elements, A61F2002/30471 for hinged linkage mechanisms) indicate that these types of mechanical connections and shapes are known in the broader field of prostheses and medical devices. The '633 patent's description of a "worm drive" mechanism is directly classified under A61F2002/30525, indicating its general knowledge in prostheses.
3. Motivation to Combine: A POSITA in spinal implant design, familiar with the expandable intervertebral spacer concept from the earlier Moskowitz patents, would be motivated to develop alternative or "more advanced" mechanisms of expansion, particularly for devices intended to be used without BDFT screws. The objective, as stated in the '633 patent, is to "incrementally and uniformly separate and distract the vertebral bodies" with "nuanced, fine-tuned incremental and calibrated distraction". Given this goal, exploring and adapting known, reliable mechanical expansion methods (like those used in jacks, clamps, or other adjustable devices) to create new "calibrated expandable mechanisms" would be a predictable engineering choice. The motivation would be to offer a variety of expansion options to surgeons, possibly to optimize performance for different anatomical locations, surgical approaches, or patient-specific needs, all while maintaining the "zero-profile" and expandable characteristics already taught in the prior art. The fact that the '633 patent presents several such "unique mechanically designed mechanism[s] of incremental expansion" suggests that these are logical variations on the core expandable spacer concept.