the present invention provides for a minimally invasive surgical implantation method and apparatus for cervical spine implants that preserves the structure and to a limited degree the function of the spine . in addition to stabilization by instrumentation , embodiments of the invention provide for introduction of graft material at or near the facet joint for promotion of joint fusion . two facet joints are formed between each pair of adjacent vertebrae of the human spine . each vertebra has two superior articulating facets and two inferior articulating facets , with each superior facet of a lower vertebra meeting and aligning with an inferior facet of an upper vertebra to form one facet joint on each side of the spine . in the cervical spine , the upward inclination of the superior articular surfaces of the facet joints allows for considerable flexion and extension , as well as for lateral mobility . each facet joint is covered by a dense , elastic articular capsule that is lined by a synovial membrane that secretes synovial fluid to lubricate the facet joint . the exterior of the joint capsule is surrounded by a capsular ligament that must be cut or displaced as part of some embodiments of the presently disclosed method for fusing the facet joints . fig1 depicts the neck region of a patient 100 indicating the position of the dermal incision 101 for lateral approach . with reference to fig2 and 7 , after initial incision a kirschner wire or k - wire 57 is inserted past the medial or posterior scalenes or trapezius muscle , depending on the particular cervical vertebra to be fused , to reach the intended facet joint . the k - wire 57 is inserted into the facet joint within medial plane of the joint in which the articular cartilage typically resides . the orientation of the medial plane of the joint will vary depending on the vertebral position in along the spine . the k - wire 57 may be smooth walled or , preferably threaded as depicted in fig7 to provide greater holding power within the join . a trocar end is also preferred . the k - wire is used to facilitate alignment of instruments at the facet without impingement on the surrounding structures . the spinal accessary nerve is the only critical structure in the area that should be avoided . injury to the nerve will cause paralysis of the scapula muscles . particular care should be taken where threaded k - wire is utilized in order to avoid damage to the nerve . the location of the k - wire in relation to the facet joint is monitored and verified by medical imaging techniques such as x - ray imaging . most desirably surgical direct semiconductor detection is used to provide real time monitoring . once the k - wire 57 is in position a cannulated drill bit 52 with drill guide and stop is inserted over the wire and advanced to the bone surface . in a preferred embodiment the cannulated drill bit 52 includes an integral tap portion to simultaneously tap the interior surface of the pilot hole as the drill is advanced . in an alternate embodiment a separate cannulated tap may be advanced over the k - wire to tap the pilot hole after removal of the cannulated drill bit . a surgical drill is used to drive the bit while the drill guide and stop limits the depth of the pilot hole to slightly less than the ultimate length of the screw ( from the bottom of the head ) ( as described below ) and in any event less than the opposing faces of the facet joint so as not to penetrate entirely through the joint . the bit diameter is preferably 1 mm smaller than the minor diameter of the bone screw 7 ( fig3 ) such that where , for example , 4 . 5 mm and 5 . 5 mm diameter bone screws are contemplated for use at varying points along the spinal column , 3 . 5 mm and 4 . 5 mm bit diameters would be utilized , respectively . after drilling of the pilot hole the drill guide and stop are removed and a calcar type bone planer is advanced over the cannulated drill bit 52 which preferably remains in place to stabilize the joint and maintain a centered position in the pilot hole . in an alternate embodiment the bit may be removed and the planer advanced over the k - wire only or advanced over the k - wire prior to utilization of the bit to prepare the pilot hole . the planer is advanced to the bone surface and used to prepare a flat area in the cortical layer for seating of the staple as described below . the diameter of the plane should be approximately equal to or slightly greater than the length of the staple bridge 5 ( see fig4 ), also as described below . the planer is removed . if not already completed simultaneous with the drilling step , a cannulated tap may be advanced over the k - wire to tap the hole ( after removing the cannulated drill bit ) and thereafter remain in place on the k - wire as a centered guide . a bone staple 1 , as depicted in fig4 and 5 , is inserted over the facet joint via a staple guide 40 ( fig6 ). the bone staple 1 includes at least first and second legs 4 joined by and extending from the lower surface of a bridge 5 that joins them at or near their proximal end . the legs each terminate at their distal end in a bevel or point 6 that is able to penetrate cortical bone . in the depicted embodiment the legs 4 extend through and above the upper surface of the bridge 5 to form pins 11 terminating in annularly enlarged heads 8 . it should be noted that while legs 4 are depicted as contiguous members extending both above and below the bridge 5 ( from tip to head ), the legs need not be so limited . that is to say , the pins 11 extending from the upper surface of the bridge may be offset from the legs 4 extending downward from the lower surface of the bridge . further , the pins 11 may be entirely separate members positioned on the upper surface of the bridge without regard to the position of the legs on the lower surface . a hole or aperture 3 is provided from the upper surface of the bridge 5 to the lower surface . the relative position of the aperture with respect to the pins 11 or edges of the bridge 5 ( depending on the embodiment ) is critical to proper loading and deployment of the staple in and by the staple guide 40 as described below . the position of the legs 4 with respect to the aperture is less critical and , in as much as the staple is intended to span the facet joint , it is sufficient that at least one leg be provided on either side of the aperture so as to penetrate both adjacent vertebra . preferably , as seen in fig4 , both legs are defined by a plurality of annular or outwardly oriented notches 2 formed with beveled walls defining a serrated outer surface that resist withdrawal from the bone once inserted . legs 4 are preferably from 4 mm to 8 mm in length , more preferably 5 mm 7 mm , and from 2 mm to 4 mm in diameter , more preferably 2 mm . pins 11 extend to and terminate in enlarged heads 8 which are preferably flat . the heads 8 may be provided with a slightly conical upper surface or , preferably , a small protrusion ( as depicted ) to serve as a standoff from the surface of the staple guide and detent when loaded therein as described below . alternately , the heads 8 may be with a ball , dome or other form for cooperative engagement with the staple guide 40 . the bridge 5 is a planar member that has its maximum length along a major axis that is greater than or equal to its length along a perpendicular minor axis . in a preferred embodiment pins 11 are symmetrically positioned along the major axis on either side of an aperture 3 that is also centered on the major axis . the aperture 3 extends from the upper surface of the bridge 5 to its lower surface and may be provided at its perimeter with a recess for countersinking the head 14 of the bone screw 7 ( described below ) into the bridge 5 for greater resistance to lateral movement of the staple 1 . alternately , the upper surface of the bridge 5 may be flat to engage the underside of the head 14 as depicted . in the preferred embodiment the legs 4 , like the pins 11 , are symmetrically positioned along the major axis on either side of the aperture 3 but , as noted , it is not critical that this be so . the bridge 5 is preferably rectilinear in form having side edges parallel to the major axis and joined by rounded or arcuate ends , as depicted in fig8 . the bridge 5 may alternately be elliptical in shape ( as depicted in fig5 ), having length along its major axis equal to or greater than that along the minor axis , or any other planar form . the bridge 5 is preferably from 10 mm to 16 mm in length and pins 11 are preferably approximately 7 mm to 12 mm on - center and more preferably 9 mm on center . legs 4 , pins 11 and bridge 5 are preferably constructed of durable , surgically , implantable material such as titanium or stainless steel . bridge 5 may alternately be constructed of peek and may be integrally formed or connected via known manufacturing techniques including welding , compression and mechanical integration . with reference to fig6 a - d and 12 a - f , the staple guide 40 is a cannulated rod preferably approximately 100 mm in length characterized by a central longitudinal void 41 extending though its length to a distal end 42 , the void 41 being preferably but not necessarily centered within the cross section of the guide . the distal tip 42 of the guide 40 is provided with a structure to selectively capture and release the heads 8 of the staple 1 by relative rotation of the staple and guide . in a preferred embodiment an annular channel 43 is provided in the distal end 42 of the guide 40 encircling a point of rotation . it is preferred that the point of rotation be the center of the guide 40 cross section and it is further preferred that the point of rotation be concentric with the longitudinal void 41 . those skilled in the art may observe that where the annular channel is not concentric about the longitudinal void , it will be sufficient that the aperture 3 be aligned with the longitudinal void when captured in the staple guide 40 . the inner and outer walls of the channel 43 are each provided with an annular protrusion 44 such that the channel 43 cross section has a necked form that will capture the enlarged heads 8 of the pins 11 of the staple 1 . the size and spacing of heads 8 are chosen for cooperative engagement within the channel 43 , as depicted in fig6 d or 12 d . in order to be able to start the heads 8 into the channel 43 lateral openings 48 are provided by removing a segment of the channel 43 on opposing side of guide 40 and thereby creating flat sides 49 on the guide 40 . the cord length of the opposing circular segments removed from the staple guide cross section are chosen to tangentially intersect the inner wall of the channel 43 . to load the staple 1 into the guide 40 the major axis of the staple is oriented perpendicular to the flat sides 49 of the guide 40 ( as in fig6 c ) and the flat sides advanced and positioned between the heads 8 of staple . the staple can then be rotate 90 degrees ( as in fig6 d so that the pins 11 and heads 8 enter the channel 43 via the lateral openings 48 , the enlarged heads being engaged by the annular protrusions 44 to retain the staple in place until the rotation is reversed to release the pins and staple after implantation . a dimple 47 may be provided within the channel 43 to receive the small protrusion provided the top of head 8 to act as a detent securing the staple 1 in the guide . in this loaded position the aperture 3 of the staple is necessarily concentrically aligned with void 41 of the guide 40 . with reference to fig7 , the void 41 of the guide 40 is sized slide over the cannulated drill bit 52 which , as stated , remains in the pilot hole during portions of the procedure as a centering guide . in an alternate embodiment in which the bit has been removed and a separate tap has been used to prepare the inner surface of the pilot hole , the guide would be sized to slide over the tap which would remain in place to serve as a guide in lieu of the bit . the loaded staple guide 40 is positioned over the k - wire 57 and cannulated bit 52 and advanced to the bone surface such that the distal tips 6 of the legs 4 engage the surfaces of the vertebrae , one on either side of the facet joint . in this way the aperture 3 of the bridge 5 is necessarily aligned with the pilot hole in the joint which remains supported and aligned by the drill bit . the legs 4 of the staple 1 are then driven into the bones by force . force may be applied by manually by the surgeon or by surgical bone hammer , slide hammer integral to the staple guide 40 , or other known surgical technique . with the staple secured across the facet joint the k - wire and cannulated drill bit are removed from the pilot hole via the central void 41 of the staple guide 40 which remains in place and engaged to the staple 1 . a bone screw 7 is delivered via the now vacant central void 41 of the staple guide 40 , as depicted in fig7 and 13 a - d , and rotationally driven through the aperture 3 of the staple bridge 5 into the pilot hole in the bone by a cooperative driving tool engaging screw head 14 . the driving tool ( not pictured ) is advanced through the void 41 of the guide 40 . after the staple 1 is secured in place by the screw 7 the staple guide 40 is rotated about is longitudinal axis to release the heads 8 of the pins 11 from the channel 43 via lateral openings 48 , thus permitting the staple guide 40 to be removed . in an alternate embodiment , the pins 11 and heads 8 of the staple 1 are omitted altogether as is the inner wall of the arcuate channel 43 at the distal end 42 of the guide 40 . in such an embodiment staple is loaded into the guide by inserting the bridge 5 between the outer walls of the arcuate channel and rotating as described above such that the arcuate ends of the bridge are captured between the outer walls of the arcuate channel which are provided with an annular protrusion as described above . in yet another alternate embodiment , the lateral openings 48 are omitted by failing to remove the opposing segments of the channel 43 in favor of distal openings . distal openings are formed by omitting a portion of the lateral protrusions at opposing positioned around the arcuate channel such that the heads 8 of the pins 11 can be advanced into the channel from a distal position before being rotated into the channel and captured . bone screw 7 may be any known bone screw but is preferably a screw having a cylindrical , externally shank 9 topped at one end by a head 14 adapted to be engaged by a fastener - driving tool as depicted in fig3 , 4 and 5 . the shank 9 of the screw 7 may be hollow along some or all of its length and is further preferably provided with one or more perforations 10 positioned along the linear axis of the shank 9 and extending through the shank 9 perpendicular to its linear axis are provided to allow bone growth through the screw in order to fuse the joint into which it is driven and secure the screw in place . the distal tip of the screw may be blunt or may be tapered to a sharp point 12 . with reference to fig8 and 9 , after the staple 1 is secured in place in the facet joint by screw 7 a cap 50 is placed over the visible portions of the staple . the cap 50 is cooperatively formed to envelope the exposed surface of the bridge 5 and screw 7 . the cap 50 is provided with resilient members on its inner surface which engage the heads 8 of the pins 11 by snap fit or friction fit so as to removeably secure the cap 50 in place over the staple 1 . a loop 58 on the outer surface of the cap 50 is provided to which bone graft material may be secured . in a preferred embodiment an envelope 59 containing bone graft material may be sutured to the loop 58 and positioned between the transverse processes of the affected vertebrae or directly on the surface of the inferior vertebral lamina depending on the location of the site along the spine . the envelope is preferably made of woven polyethylene or polyester fabric and may contain allograft , autograft or synthetic graft material , with or without human osteogenic growth factors , such as bone morphogenetic proteins , transforming growth factor , and platelet - derived growth factor . fusion at the transverse process or lamina by only graft serves to further secure and support stability of the facet joint . after the graft material is secured in position the incision is closed . fig1 depicts the location of bone screw 7 and staple 1 after implantation to stabilize the right c 5 - c 6 facet joint 101 . the cap 50 and bone envelope 59 are omitted for clarity . fig1 is an abstraction of the c 5 - c 6 vertebra indicating the position of the screw 7 and staple 1 in the facet joint 102 . it should be noted that the c 5 - c 6 facet joint here is referenced by way of illustration and the present method may be utilized at other cervical and non cervical joints . the above - described lateral approach to facet fusion and related devices can be equally applied to other areas of the spine including the lumber and thoracic regions . although the staple 1 , screw 7 and cap 50 have particular utility for the lateral approach to facet fusion , one skilled in the art will understand that the present invention can be equally applicable to other approaches to facet fusion and to fusion or fixation of other skeletal structures . having now fully set forth the preferred embodiments and certain modifications of the concept underlying the present invention , various other embodiments as well as certain variations and modifications of the embodiments herein shown and described will obviously occur to those skilled in the art upon becoming familiar with said underlying concept . it is to be understood , therefore , that the invention may be practiced otherwise than as specifically set forth in the appended claims .
a method of performing vertebral facet fusion by lateral approach and related devices . the lateral approach to facet fusion involves identifying the lateral mass and introducing any of the fixation methods known or described herein laterally at one or more facets through the use of a kirschner wire guide , a cannulated bone drill and cooperatively cannulated staple guide . a surgical bone staple have a perforated bridge is used across the lateral facet joint where fixation is required . where fusion is desired , a bone screw have lateral perforations of the shank is inserted through the cannulated staple guide and bridge perforation at the joint to promote fusion . a staple cap and graft container for overlay grafting may be utilized for additional fusion . the method involves less surgical time , reduced blood loss and discomfort for the patient as compared to the posterior approach .