Algorithmic structure corresponding to a means-plus-function element need not be illustrated explicitly in the drawings when the associated text of the specification makes clear that the claimed function is contemplated. Here, for example, an algorithm illustrated in one of the figures was found to provide corresponding structure for a means-plus function element that determines the time of each chew by a cow, even though such a determination was not shown in the figure, because the specification explained how the illustrated procedure could be used to ultimately make that determination. This would be a good case to consult and cite in response to a lack of corresponding structure rejection that relies solely on the drawings.
Background / Facts: The patent being asserted here is directed to devices and methods for monitoring activity of cattle. The claims recite “a data processor accumulating both the time of each said sensed chewing actions and the number of said chewing actions per unit time interval.” The parties do not dispute a means-plus-function interpretation of the “data processor” or that Figures 8 and 11 of the patent, which include specific steps for determining the time (or duration) of each chew, provide corresponding structure.
Issue(s): Whether the Figure 6 algorithm also provides corresponding structure for the claimed “data processor” even though it lacks an illustrated step for determining the time of each chew as required by the claimed function.
Holding(s): Yes. “We agree with [the patentee] that the district court erred by excluding the Figure 6 algorithm as corresponding structure. Although the determination of the time of each chew is not made explicit in Figure 6, the specification explains that the Figure 6 algorithm ‘determin[es] whether the detected chewing sounds … are ruminating activities or eating activities … by determining the rhythm (e.g., duration and frequency) of the chewing sounds at time-spaced intervals.’ [] Thus, in view of the explanation in the specification, the Figure 6 algorithm provides corresponding structure for the claimed function of the ‘data processor’ of determining the time and number of chewing actions for a predetermined time interval.”