reference is now made to fig1 , which illustrates schematically a sectional side view of a number of vertebrae of a spine 10 situated beneath the skin 8 of a subject , with an adjacent pair of vertebrae 12 , 14 , fused together using two pedicle screws 16 , 18 and a connecting rod 20 . the spinous process 17 of each vertebra , the vertebrae themselves , and the disc 19 are shown schematically in fig1 . it is to be understood that there is an additional connecting rod between pedicle screws inserted into the other lateral side of the spine , and unseen in the side view of fig1 . reference is now made to fig2 which schematically illustrates an sma rod 20 , according to a preferred embodiment of the present invention , constructed and operative as a vertebral connecting rod . the rod is shown being inserted through a curved insertion tube 22 , while being held at a temperature below its transition point . at such a temperature , the rod is sufficiently flexible to pass round the curved section 24 of the insertion tube 22 . the insertion tube 22 is deployed in position in the back of the subject through a minimally invasive incision 30 . according to the preferred embodiment shown in fig2 , the insertion of the rod is performed in a generally perpendicular direction to the spine axis . the front of the rod is preferably pointed to facilitate penetration of the soft tissue . in order to be compatible with the body temperature , the transition temperature of the sma should preferably be in the range of − 5 ° c . to 30 ° c ., with an optimal range being 15 ° c . to 25 ° c . suitable sma &# 39 ; s for constructing the rod thereof include a range of alloys known as nitinol , having nearly equal ratios of nickel and titanium , and which have been widely used in many applications , including medical applications such as in heart valves , guide wires , stents , bone cores , implants and plates . in addition , a range of copper - zinc - aluminium alloys are also suitable sma materials . after being deformed , the material remembers its original annealed shape and returns to that original shape when heated above the shape transition temperature . according to a first preferred embodiment , the curved tube 22 is cooled , especially close to the beginning 24 of the curved region , to below the transformation temperature of the sma , such that the rod material structure undergoes a phase change from austenitic to martensitic as it passes along the tube . according to a second preferred embodiment , the tube need not be cooled but the rod itself is sufficiently pre - cooled for it to maintain a sub - transformation temperature during its passage through the tube . in the martensitic phase , the rod achieves a level of flexibility which allows it to accommodate to the shape of the curved tube as it is inserted therein . since the exit section 32 of the tube is straight , the rod leaves the tube parallel to the spine axis , and close to its original straight shape . as the rod is pushed out of the tube , it becomes heated up by the surrounding body tissue and changes back into its austenitic phase , regaining both the original rod strength , and its original shape . the rod , whose front end is preferably pointed for ease of insertion and for causing less tissue trauma , is progressively pushed out of the tube until its front end reaches the position of the screw head at the pedicle further from the point of insertion . the rod length is predetermined such that it bridges between the two adjacent pedicle screws when deployed . fastening of the rod to the pedicle screw heads can be performed by any of the conventionally used techniques known in the art , such as by fastening by means of set screws into slots cut into the top of the pedicle screw heads . the insertion tube is preferably removed from the body tissue only once the rod has been fastened , such that the tube provides extra support for the pedicle screw and rod while the fasteners are being tightened . reference is now made to fig3 , which illustrates the connecting rod 20 of fig2 , after it has been fully deployed from the insertion tube 22 , and in its intended position between the pedicle screws 16 , 18 , ready for attachment thereto . reference is now made to fig4 , which is a schematic illustration similar to that of fig2 , but with an insertion tube 40 with a less sharply curved delivery end . the rod is then inserted at an acute angle to the spinal direction . although the insertion tube of fig4 requires a longer subcutaneous insertion passage than that of fig2 , and thus , for instance , cannot generally be inserted through the same incision as was made for the pedicle screws ( though in some cases , a single incision can be made if the soft tissues can be sufficiently stretched ), such a less sharply curved tube may be necessary for use with sma &# 39 ; s with a limited maximum strain . the nitinol materials , for instance , generally have a maximum strain level of 8 %, thus limiting the sharpness of the curve that they can negotiate when in their martensitic state . although it is conventional in the art to use a single rod to connect the pedicle screws on each side of the spine , and that is the manner in which the embodiments of this application have been so far described , it is to be understood that the invention is not meant to be limited to such a situation , but that each pair of pedicle screws may be connected by several thinner rods , forming a stranded pedicle screw connection link made up of several thinner wire - like rods . the term rod , as used and as claimed in this application , is understood to include also such thinner wire - like rods , and also such complete stranded rods . such an embodiment has the advantage that the above - mentioned strain limit of 8 % for currently available materials , may be more readily maintained when inserting thinner rods through the curved tube , as compared with a single thicker rod . the thinner wire - like rods can be inserted in the same manner as described hereinabove , as shown in fig2 to 4 , one after another , and then all connected to the pedicle screw heads in the conventional manner . alternatively and preferably , the stranded connecting rod may be inserted as one unit , with each strand of the rod undergoing its own strain during insertion . the stranded rod may also preferably be twisted to maintain integrity . a stranded connecting rod may not provide such rigid support as a solid connecting rod , but this may be advantageous for applications where slight motion preservation is desired between vertebrae . a preferred example of such a stranded rod for use in any of the embodiments of the present invention is shown schematically in fig8 hereinbelow . reference is now made to fig5 , which illustrates schematically a preferred embodiment of a device for pushing an sma rod 50 into the insertion tube 52 . only the top end of the insertion tube is shown in fig5 . the pushing device must have means of maintaining the force on the rod even after its extremity has entered the curved delivery end of the tube and would no longer be directly accessible to a straight screw . in the preferred embodiment shown in fig5 , this can be accomplished by means of a screw drive mechanism 54 attached to the top end of the tube 52 . the rod is inserted in a controlled manner by rotating the lead screw . a flexible drive shaft element 56 is preferably used to transfer the drive force to the rod even as it negotiates the curve . however , any suitable mechanical pushing device may equally be used . the sma rod is made to be a good fit in the insertion tube such that when the rod is in its flexible state , it will be contained by the walls of the tube and prevented from kinking , such that it will progress undisturbed through the whole tube . in order to keep the rod in its cooled martensitic state when put into the insertion tube , according to another preferred embodiment of the present invention , the tube may be cooled externally . this may be done simply by passing cooling fluid through channels built into the insertion tube , or through cooling coils wrapped around the insertion tube , or even by blowing cold gas over its outer surface . reference is now made to fig6 which schematically illustrates one such solution , comprising a number of fluid cooling passages 58 built into the walls of the insertion tube 52 , though it is to be understood that this is only an exemplary method of cooling the tube , and any other suitable method is equally acceptable . there is a problem in performing multilevel vertebral fusion , since , because of spinal curvature or distortion , the pedicle screw heads do not generally align in a straight line . even the use of self aligned screw heads that have a joint that can accommodate some deviations from the straight line is usually not sufficient to ensure that the rod is captured by all of the pedicle screw heads . the use of a straight connecting rod to connect more than one level might therefore be ineffective . when conventional open back surgery is performed , the surgeon can visually match a multi - level rod to the desired path between the pedicle screw heads , using regular hand tools such as pliers to bend the rod accordingly . with the dynesy ® system , such vertebra to vertebra flexibility is built into the system using separate rods . however , using minimally invasive procedures , such as the sextant ™ or pathfinder ™ systems , each level generally has to be performed separately with its own set of incisions . reference is now made to fig7 which illustrates an sma connecting rod 60 which connects more than one level of vertebrae , according to another preferred embodiment of the present invention . according to this embodiment , multi - level rod insertion using the minimally invasive procedures of a single rod insertion point becomes possible by using the shape memory properties of the rod . in fig7 , there is shown schematically a laterally curved spine 64 , such as that of a scoliosis patient . pedicle screw heads 66 are shown of pedicle screws inserted into the vertebrae . the screw head path is seen to be curved , such that a single straight rod would not pass through them . a plan of the pedicle screw head path is obtained by means of fluoroscopic images , and an sma rod 60 , long enough to bridge all of the levels to be fused , is prepared . the rod is then bent , before insertion , into the required shape to match , as best as possible , the pedicle screw head path obtained from the images . the sma rod is then annealed by the methods known in the art , to set that preplanned bent shape into the material in its austenitic phase . the rod is then cooled before insertion such that it transforms into its flexible martensitic phase , and can readily be pulled out straight . in this cooled condition , the straightened rod is inserted into the patient &# 39 ; s spinal region at one end of the region to be fused , through the delivery tube , as shown in the above described embodiments of the present invention . on heating up to body temperature , the shape memory effect of the sma rod causes it to regain its preplanned bent shape , to match the pedicle screw head path . although it is unlikely that the regained shape will lie exactly on the pedicle screw head slots , the rod should now be close to those desired locations , and it will be a simple task for the surgeon to visually locate the rod through each of the pedicle screw incisions and to push aside the soft tissue to hook it into place in each screw head slot , if it is not already there . although fig7 shows an example of a spine with a single curvature , it is to be understood that the method may also be used to connect zig - zag shaped spinal curvature . furthermore , although this embodiment has been described in fig7 for connecting laterally curved spines , it is to be understood that the same technique can be used for connecting and fusing vertebrae having abnormal curvature in any other plane of the spine . though the present invention has been described hereinabove using an sma as the rod material , it is to be understood that any other material which undergoes a change in flexibility at just below body temperature , and which shows shape memory effects , could equally well be used . it is appreciated by persons skilled in the art that the present invention is not limited by what has been particularly shown and described hereinabove . rather the scope of the present invention includes both combinations and subcombinations of various features described hereinabove as well as variations and modifications thereto which would occur to a person of skill in the art upon reading the above description and which are not in the prior art .
a system and method for performing spinal fusion using vertebral connecting rods constructed of a shape memory material , such as shape memory alloy . the connecting rod is cooled below its phase transition temperature , which is chosen to be just below body temperature , and is inserted through a curved guide tube previously inserted into the back of the patient . the guide tube is located so as to deliver the connecting rod at its desired location between the preinserted pedicle screw heads . the rod , being in its flexible state below the transition temperature , negotiates the curve and exits the guide tube in a straight form and parallel to the patient &# 39 ; s spine . as it heats up to body temperature , it regains its original straight shape and its original rigidity , and is ready for connecting its associated vertebrae to each other .