throbber
[54] CERVICAL CYTOLOGY DEVICE
`‘
`.
`Inventor.
`Irman D' Bayne, Littleton, COIO'
`[75]
`[73] Assignee: Medical Dynamics, Inc., Englewood,
`C010.
`[21] Appl. No.: 28,458
`.
`Mar. 20’ 1987
`[22] F‘led‘
`[51]
`Int. Cl.4 .............................................. A61B 10/00
`[52] US. Cl. .................................... 128/756; 128/759;
`128/357; 15/159 A; 15/180
`[58] Field of Search ............... 128/749, 756, 757, 759,
`128/357; D4/ 119, 120, 127, 128, 130-135;
`15/ 159 R, 159 A, 204, 179, 130
`
`[56]
`
`References Cited
`
`U'S' PATENT DOCUMENTS
`2,174,214 9/1939 Quinn .................................... 15/ 180
`3,525,470 12/1971 Antonides 6‘ 31-
`'
`----- 123/759
`3:33:35 33;: Is.tevine t"""""""
`" 151/2159];
`’
`’
`en V15 """"""""""""""""
`OTHER PUBLICATIONS
`Christine Bergeron, M. D. and Alex Ferenczy, M. D.,
`Screening Devices for Cervical and Endometrial Ca Con-
`temporary OB/GYN, 1987.
`
`Primary Examiner—Kyle L. Howell
`Assistant Examiner—Randy Citrin
`Attorney, Agent, or Firm—Fields, Lewis, Pittenger &
`Rost
`
`ABSTRACT
`_
`[57]
`A method and device for simultaneously collecting
`cytology cell samples from the endocervix and exocer-
`vix are disclosed. The device includes a handle for ma-
`nipulating and rotating the device. Adjacent the handle
`is an intermediate cell collecting surface which is sized
`and configured to scrape cell samples from the exocer—
`vix when it is in contact with the exocervix and the
`device is rotated. The device also includes a distal cell
`
`collecting surface adjacent the intermediate cell collect—
`ing surface. The distal section is sized and configured to
`scrape cytology cell samples from the endocervical
`canal when it is located within the canal and in contact
`with the walls thereof and the device is rotated. The
`distal and intermediate surface are further positioned on
`the device with respect to each other to enable the
`endocervical canal and exocervix to be scraped simulta-
`neously as the device is rotated.
`
`, 6 Claims, 1 Drawing Sheet
`
`United States Patent
`
`[19]
`
`[11] Patent Number:
`
`4,754,764
`
`Bayne
`
`[45] Date of Patent:
`
`Jul. 5, 1988
`
` Histologics, LL
`
`1
`
`Exhibit 1009
`
`1
`
`

`

`US. Patent
`
`Jul. 5, 1988
`
`4,754,764
`
`6 F
`
`IG.1
`(PRIOR ART)
`
`2
`
`

`

`1
`
`CERVICAL CYTOLOGY DEVICE
`
`TECHNICAL FIELD
`
`The invention relates generally to a method and ap-
`paratus for collecting cell specimens for diagnostic pur-
`poses and more particularly to a cervical cytology de—
`vice and method for collecting cytology cell samples
`from the uterine endocervix and exocervix.
`
`BACKGROUND ART
`
`It is well-known that uterine cervical cancer can be
`prevented and/or even cured if it
`is detected early
`enough, preferably in its precancerous or precursor
`stages. Accordingly, women are being encouraged to
`come in for examinations on a regular basis. Improve-
`ments in early detection devices and techniques will
`also, quite obviously, enhance the physician’s ability to
`accurately detect the presence of cancer in its early
`stages. Accordingly, much effort is being directed to
`developing such devices.
`Drs. Christine Bergeron, M.D. and Alex Ferenczy,
`M.D. in their article entitled “Screening Devices for Cer-
`vical and Endomem‘al Ca” published in Contemporary
`OB-GYN (1987), set forth on pages 55-66 an extensive
`listing of cervical cytologic sampling and screening
`devices including wooden spatulas and brushes, and
`also discuss how the devices should be used to effec-
`tively detect the presence of cancer and its precursors.
`US. Pat. No. 3,881,464 to Levene also discloses a
`device for obtaining endocervical cell and tissue sam-
`ples. The device comprises a generally frusto conical
`brush having a coaxial handle projecting from its larger
`end. The frusto conical brush consists of soft radially
`projecting bristles of cellulose acetate which are soluble
`in a liquid that does not cause morphological damage
`when the bristles and cell samples are immersed in the
`liquid. While useful in obtaining cell samples from the
`endocervical canal,
`the brush’s frusto conical shape
`does not lend itself to collecting cells from the exocer-
`le.
`
`5
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`While the aforementioned devices undoubtedly work
`as intended, there is still a need for devices which are
`capable of collecting samples containing more cells,
`particularly from the exocervix area. The aforemen-
`tioned wooden spatula does not generally collect
`enough cells from the exocervix to enable one to accu-
`rately determine whether any abnormal cells are pres—
`ent. The problem is even worse with women who have
`an abnormally or unusually shaped exocervix since the
`spatula’s long rigid lobe may not even make contact
`with the exocervix. Accordingly, a need still exists for a
`device which is capable of collecting larger cell samples
`from the uterine exocervix. Such a device would be
`even more desirable if it also had the capability of col-
`lecting cell samples from the endocervical canal. Such a
`device would make better use of the physician’s time
`and be more palatable to the patient since it would
`enable the samples to be taken quicker. Such a device
`would also be more accurate than presently available
`devices since it would make it possible to collect larger
`cell samples from the exocervix.
`DISCLOSURE OF THE INVENTION
`
`The present invention addresses the aforementioned
`concerns and needs by providing a cervical cytology
`device for simultaneously collecting cytology cell sam~
`ples from the uterine endocervix and exocervix. In its
`
`45
`
`50
`
`55
`
`60
`
`65
`
`4,754,764
`
`2
`broad form the device includes a handle for manipulat-
`ing and rotating the device, an intermediate cell collect-
`ing surface region adjacent
`the handle for scraping
`cytology cells from the exocervix and a distal cell col-
`lecting surface adjacent the intermediate cell collecting
`surface for scraping cytology cells from the endocervi-
`cal canal. The cell collecting surfaces are sized and
`configured to be capable of scraping cytology cell sam-
`ples from their respective cervical areas when they are
`in contact with their respective regions of the cervix the
`device is rotated. The distal and intermediate cell col~
`lecting surfaces also positioned with respect to each
`other on the device so as to enable the endocervical
`canal and exocervix to be scraped simultaneously as the
`device is rotated.’
`
`A preferred embodiment of the cervical cytology
`device of the present invention is a brush which in-
`cludes a rigid yet bendable shaft having less than three
`bends which define four sections of the brush. The first
`bend joins an outwardly projecting or distal cell collect-
`ing surface and an intermediate cell collecting surface of
`the brush. The bend is provided such that the cell col-
`lecting surfaces define less than a 90° included angle
`between their respective shafts. The second bend on the
`brush’s shaft adjoins the intermediate cell collecting
`surface and an offset intermediate section, and the bend
`is such that the intermediate sections define approxi-
`mately a 10° included angle. The third bend joins the
`intermediate offset section and an outwardly projecting
`handle section of the brush. This third bend is such that
`the offset and handle sections define at least a 90° in-
`cluded angle. The bends are also provided so that the
`distal and handle sections of the brush are axially
`aligned. In addition, the distal cell collecting surface of
`the brush is sized and configured to collect cytology
`cell samples from the endocervical canal when the
`brush is rotated and the distal cell collecting surface is
`located within the canal and in contact with the wall
`thereof. The intermediate cell collecting surface is also
`sized and configured to collect cytology cell samples
`from the surface of the exocervix as the distal cell col-
`lecting surface is rotated to collect cytology cell sam-
`ples from the endocervical canal. Accordingly, cell
`samples from the endocervical and exocervical surface
`can be collected simultaneously.
`The angles described above between the different
`sections of the brush can be altered at will by the physi-
`cians by bending the shaft of the brush. The physician,
`in effect, can mold the brush to “customize” a “fit” for
`each individual patient.
`The present
`invention also provides a method of
`collecting cytology cell samples from the endocervix
`and exocervix simultaneously. The method includes
`providing a rotatable cervical cytology device having a
`first cell collecting surface which is sized and config—
`ured to collect cells from the exocervix and a second
`cell collecting surface which is sized and configured to
`collect cells from the endocervical canal where the
`device is rotated. The method further includes inserting
`the second cell collecting surface into the endocervical
`canal until the first cell collecting surface is positioned
`against the surface of the exocervix. The device is then
`rotated so that cytology cell samples are scraped from
`the respective surfaces of the exocervix and endocervix
`simultaneously. As such, the cell samples will collect on
`the respective first and second cell collecting surface of
`the device. The device is then withdrawn from the
`
`3
`
`

`

`tie
`
`4. ”754,764-
`
`patient. The samples are then removed from the device
`and examined to determine whether any abnormal can"
`cerous, precancerous or virally diseased cells are pres-
`ent.
`
`Additional advantages of this invention will become
`apparent from the detailed description which follows,
`taken in conjunction with the accompanying drawings.
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 is a perspective view of a conventional prior
`art wooden spatula and an endocervical brush which
`are used by physicians to scrape cytology cell samples
`from different areas of a uterus.
`FIG. 2 is a perspective view of a preferred embodi-
`ment of the present invention for scraping cytology cell
`samples from the endocervix and exocervix simulta-
`neously.
`FIG. 3 is an exploded perspective View of another
`embodiment of the present invention for scraping cytol~
`ogy cell samples from the endocervix and. exocervix
`simultaneously.
`FIG. 4 is a fragmentary perspective View of an alter-
`native embodiment of the device wherein the collecting
`surfaces are sponge-like closed cell foam or cotton swab
`material.
`
`BEST MODE FOR CARRYING OUT THE
`INVENTION
`
`FIG. 1 illustrates a conventional wooden spatula 5.
`Drs. Bergeron and Ferenczy describe spatula 5 on page
`56 of their above-mentioned article as being a tool for
`sampling the squamocolumnar junction, the exocervix
`and to a lesser degree the endocervix. As seen in FIG.
`1, one end of spatula 5 is provided with a handle portion
`6 for manipulating the spatula. At its other end, spatula
`5 is provided with a long lobe 7 and a short lobe 8. In
`order to collect cervical cell samples for determining
`whether any abnormal cells are present, spatula 5 is held
`by handle 6 and inserted into the vagina until the spatu-
`la’s short lobe 8 is positioned within the patient’s endo-
`cervical canal entrance and the spatula’s long lobe 7 is
`positioned against the exocervix. Long lobe 7 is then
`rotated about the exocervix with the short lobe essen—
`tially pivoting in the endocervix canal entrance. As
`such, the long lobe scrapes and collects cells from the
`surface of the exocervix. The spatula is then withdrawn
`from the patient and the cells having been collected on
`the spatula are then removed therefrom and prepared
`for examination.
`Since the spatula’s short lobe 8 merely pivots about
`the endocervical canal entrance,
`it scrapes and thus
`collects very few cells from the endocervix. Accord-
`ingly, many physicians use other devices to collect
`endocervical cell samples. FIG. 1 also illustrates an
`endocervical brush 10 which is one of the more com-
`monly used devices for endocervical sampling. One
`such brush is sold by International Cytobrush,
`Inc.
`under the trademark “Cytobrush”. Brush 10 has a thin
`cylindrical stem—like handle 11 which is about 7%” long.
`One end of handle 11 is provided with a generally cylinm
`drical brush portion 12 which is generally about 2” long
`and about 3;" in diameter. Drs. Bergeron and Ferenczy
`point out on page 60 of their article that endocervical
`samples are taken by inserting the brush into the endo»
`cervical. canal and then slowing rotating it one-half to
`one full turn. The brush is then removed from the endo—
`
`cervical canal and a pap smear is prepared by rolling
`and twisting the brush on a glass slide.
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`45
`
`50
`
`55
`
`65
`
`4
`FIG. 2 illustrates a preferred embodiment of a brush
`20 of the present invention which is used for collecting
`cytology cell samples from the uterine endocervix and
`exocervix simultaneously. Brush 20 includes a handle 22
`preferably made from a suitable material, such as, plas-
`tic, which is mounted on a shaft 24. It can also be seen
`that shaft 24 is bent in three places which are identified
`as bends 26, 28 and 30. Brush 20 is provided with a
`plurality of radially projecting bristles 32 which extend
`from bend 28 to the distal end of the brush. The bristles
`extending between bend 30 and 28 define a generally
`cylindrically shaped cell collecting surface which is
`referred herein as the intermediate bristled section of
`brush 20. It can also be seen that bristles 32 gradually
`taper from bend 30 to the brush’s distal end and, as such,
`define a generally conical cell collecting surface which
`is referred to herein as the distal bristled section of the
`brush. The nonbristled area of shaft 24 between bends
`28 and 26 is referred to herein as the intermediate offset
`section of the brush. The diameter of the intermediate
`bristled section (i.e.
`its brush portion) is preferably
`about I”. The diameter of the distal bristled section
`preferably tapers from about i” at bend 30 to approxi-
`mately t" at the brush’s distal end.
`Bristles 32 are secured to shaft 24 in the conventional
`helically wound manner (not shown). Accordingly,
`those skilled in the relevant art will recognize that shaft
`24 comprises a pair of strands twisted together. The
`bristles are tightly secured to the shaft by being intern
`posed between the twisted strands of the shaft.
`While the cell collecting surfaces are bristled in the
`illustrated embodiment
`it should be understood that
`they could be made in accordance with the present
`invention from material which is suitable for collecting
`or scraping cells from the respective cervical surfaces.
`Such materials include closed cell foam materials such
`as urethane and polyurethane. Other possible materials
`include sponge—like materials and cotton-like materials
`such as a cotton swab.
`Returning to FIG. 2, bend 30 defines an included
`angle A between the distal and intermediate bristled
`sections which is less than 90°, preferably about 85°.
`Bend 26 between the nonbristled intermediate offset
`section and the handle section of brush 20 also prefera-
`bly defines an included angle C of about 100°. Included
`angle B defined by bend 28 between the intermediate
`sections is preferably 10° or greater. In addition, the
`portions of shaft 24 extending through the distal bristled
`section and the handle section are preferably axially
`aligned. Further,
`the height of the offset portions is
`preferably 3" as measured from bend 28 to an imaginary
`line extending between the angled axis of the handle and
`distal shaft. A brush manufactured as described will
`conform to the shape of most womens uterine cervixes.
`However, shaft 24 may be bent to conform to an irregu—
`larly shaped cervix. The angle of the bends may also be
`altered by the physician to custom fit each patient, as
`required.
`In using brush 20 of the present invention, the pa—
`tient’s vaginal cavity is first opened wide, preferably
`with a vaginal speculum. This permits brush 20 to be
`easily inserted into the vaginal cavity. The attending
`physician can also look into the vaginal cavity to see
`whether
`the exocervix of the patient
`is unusually
`shaped, and if so the physician can bend the brush so
`that it conforms to the irregularly shaped exocervix.
`The physician then inserts the brush into the patient’s
`vaginal cavity until the distal bristled end of the brush is
`
`4
`
`

`

`5
`inserted within the endocervical canal and the interme-
`diate bristled section of the brush is in contact with the
`exocervix. The intermediate bristled section should be
`in contact with the exocervix along its entire length (i.e.
`from bend 30 to bend 28). If it is not, it should be bent
`as previously described until it makes such contact. The
`physician then rotates the brush by rotating the brush
`handle with his hand so that the bristles of the interme-
`
`diate bristled section scrape cell samples from the ex-
`ocervix. As this occurs, cell samples will also be scraped
`from the endocervical canal walls by the distal bristled
`section of the brush which will be rotating within the
`endocervical canal as the brush rotates. After a suitable
`sample of cells is collected from the endocervix and
`exocervix, generally after one or two rotations of the
`brush, the brush is withdrawn from the vaginal cavity.
`The cell samples on the bristles of the respective brush
`portions are then removed from the bristles. Since the
`endocervical and exocervical samples are preferably
`analyzed separately, the endocervical cells on the distal
`bristled portion of the brush are removed by smearing
`them along the length of a first glass side which prefera-
`bly is done by slowly rotating the distal end of the brush
`on the slide. The exocervical cells on the intermediate
`bristled portion of the brush are removed therefrom
`similarly by smearing them along the length of a second
`glass slide. The cells of both slides are then placed in a
`chemical fixative to preserve the cells until they are
`examined by a pathologist. The pathologist prepares the
`cells for examination generally by staining them with a
`Papanicoloff stain. The cells are then examined by the
`pathologist under a microscope to determine if any
`abnormal cancerous, precancerous or virally diseased
`cells are present.
`A brush similar to that described in FIG. 2 was tested
`and found to collect exceedingly good samples, particu-
`larly exocervical samples. In fact, the exocervical sam-
`ples contained on average approximately five times as
`many cells as those collected by the conventional
`wooden spatula. These large samples will enhance the
`physician’s ability to more accurately detect the pres-
`ence of abnormal cancerous and precancerous cells.
`The samples have also been large enough to enable
`physicians to detect the presence of virally diseased
`cells such as herpes.
`FIG. 3 illustrates an alternative brush 40 of the pres-
`ent invention for collecting cell samples from the ex-
`ocervix and endocervix simultaneously. Brush 40 is
`provided with two cell collection surfaces, an exocervi-
`cal brush portion 42 and an endocervical brush portion
`44 having bristles 45 at the distal end. While bristled, it
`should again be understood that other materials suitable
`for collecting cells could also be used such as urethane
`or polyurethane as shown in FIG. 4 with collecting
`surfaces 45’ and 50'.
`Endocervical brush portion 44 is similar to the endo-
`cervical brush described in FIG. 1, i.e., brush 10. Ex-
`ocervical brush portion 42 is provided with a hollow
`shaft 46 which is sized and configured to telescope over
`the shaft of the endocervical brush portion 44 and
`fixedly or frictionally engage therewith (i.e., by interfer-
`ence fit) to enable the shafts to rotate together when
`rotated by an attending physician. Fixed engagement
`could also be provided by making shallow shaft 46 out
`of a flexible material which would enable it to compress
`and frictionally engage the surface of shaft 44 when
`grabbed by a physician. Interlocking ribs on shafts 44
`
`10
`
`15
`
`20
`
`25
`
`30
`
`35
`
`4O
`
`45
`
`50
`
`55
`
`65
`
`4,754,764
`
`6
`and 46 could also be employed to provide fixed engage-
`ment between the shafts.
`
`Returning to FIG. 3, it can be seen that exocervical
`brush portion 42 is provided with a disc 48 which is
`axially disposed on hollow shaft 46 at one end thereof.
`Disc 48 is provided with bristles 50 on one side and is
`preferably about 1%” in diameter. Bristles 50 form a
`generally planar brushing surface. In addition, bristles
`50 are long enough (preferably 8" long), to enable the
`brushing surface to conform to the surface of the ex-
`ocervix, even an irregularly shaped exocervix.
`Use of brush 40 is similar to that of brush 20 previ-
`ously described. The attending physician (after having
`opened the patient’s vaginal cavity with a vaginal spec-
`ulum) inserts the brush into the vaginal cavity until the
`endocervical brush portion is located within the endo-
`cervical canal and the brushing surface of disc 48 is
`positioned against the patient’s exocervix. The brush is
`then rotated one or two times to scrape cell samples
`from the respective endocervix and exocervix. The
`brush is then withdrawn from the vaginal cavity and the
`two brush portions, (i.e., exocervical brush portion 42
`and endocervical brush portion 44) are separated. Cell"
`samples on the exocervical brush portion are preferably
`smeared onto one slide and the cell samples from the
`exocervical brush portion are preferably smeared on
`another slide. The slides are then prepared and exam-
`ined to determine if any abnormalities exist.
`The invention has been described in detail with par-
`ticular reference to two preferred embodiments thereof,
`but it will be understood that variations and modifica-
`tions can be effected within the spirit and scope of the
`invention.
`I claim:
`1. A cervical cytology device for simultaneously
`collecting cytology cell samples from the endocervix
`and exocervix, said device comprising:
`a handle having a first hollow shaft for manipulating
`and rotating said device;
`intermediate cell collecting means including a disc
`which is rigidly attached to an end of said hollow
`shaft, said hollow shaft projecting outwardly at a
`right angle from one side of said disc, the other side
`of said disc being provided with a generally planar
`cell collecting surface for scraping cytology cell
`samples from the exocervix; and
`distal cell collecting means including a second shaft
`having a generally cylindrical cell collecting sur-
`face attached to an end of said second shaft for
`scraping cytology cell samples from the endocer-
`vix, said second shaft being telescopingly received
`in said first hollow shaft of said handle so that said
`cylindrical collecting surface projects outwardly at
`a right angle from said planar collecting surface,
`said second shaft being frictionally engaged within
`said first hollow shaft when telescoping received
`therewith so that said shafts rotate together to
`enable the endocervix and exocervix to be scraped
`simultaneously, thereby enabling the cell samples
`to be collected simultaneously, said shafts also
`being separable from one another to facilitate the
`separate removal and examination of the cell sam-
`ples collected on said planar surface from those
`collected on said cylindrical surface.
`2. A device as claimed in claim 1, wherein:
`at least one of said cell collecting surfaces includes
`bristles forming a brushing surface for collecting
`cytology cell samples.
`
`5
`
`

`

`l
`
`4-.”7lfl4-97ll41
`
`‘8
`
`sponge-lilac material for collecting cytology cell
`samples.
`6. A device as claimed in claim 1, wherein:
`
`at least one of said cell collecting surfaces includes a
`cotton swab or cottonulike material for collecting
`cytology cell samples.
`it
`II:
`3k
`1k
`it
`
`‘
`3' A dEVlC‘B as claimed m claiml. wherein:
`at least one of said cell collecting surfaces includes
`closed cell foam for collecting cytology cell sam»
`ples.
`4- A dCViCB as claimed in claim 3, wherein:
`82ml closed CB“ foam 13 55.16th from the group con-l
`sxstmg of urethane or polyurethane.
`S. A device as claimed in claim 1. wherein:
`at least one of said cell collecting surfaces includes
`
`K3
`
`10
`
`l. 1'5
`
`\
`
`40
`
`L}: La
`
`60
`
`6
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket