Invalidity dossier

US 10080394

Headband with protective insert

Current assignee: Shane Michael Johnston

Added 4/27/2026, 7:39:02 AM

At a glanceNo PTAB challenges1 lawsuit on fileasserted by Shane Michael JohnstonSporting Goods (S)

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

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Here's a concise summary of US patent 10080394:

US Patent 10,080,394: Headband with Protective Insert

  • Title: Headband with protective insert
  • Assignee: Individual
  • Inventor: Shane Michael Johnston
  • Filing Date: April 7, 2016
  • Issue Date: September 25, 2018
  • Abstract: The patent describes a headband featuring one or more protective inserts. These inserts are designed to be strategically placed to shield specific, impact-vulnerable areas of a person's head, depending on the activity or sport. The inserts can be directly attached to the headband or housed within pouches that are attached to the headband. The headband can be worn independently or beneath other headgear, and is designed to integrate with additional headgear in terms of form, fit, and functionality.

Plain-Language Overview of Independent Claims:

  • Claim 1: This claim describes a protective headgear that includes a headband with an open top. The headband is designed to fit around a person's head and has multiple pouches attached to its outer surface. Inside these pouches are several protective inserts. These inserts are positioned to cover at least two specific regions of the head (from a list including frontal, parietal, sphenoidal, temporal, and occipital areas) when the headband is worn.
  • Claim 16: This claim outlines a protective headgear comprising a headband intended to fit around a person's head. The headband has an outer surface configured to accept a detachable pouch. A first detachable pouch is attached to this outer surface at a specific location and is designed to hold a protective insert. A first protective insert is at least partially enclosed within this pouch and positioned to cover at least one specific region of the head (from the same list as Claim 1) when the headband is worn.
  • Claim 19: This claim describes a protective headgear consisting of a headband that fits around a person's head. Its outer surface is designed to accommodate detachable protective inserts. The claim specifies a first detachable protective insert attached to the headband's outer surface at a first location, and a second detachable protective insert attached at a second location. These inserts are positioned to cover at least two specific head regions (from the same list as Claim 1) when the headband is worn.

CAFC 2026 Dockets:
As of April 26, 2026, the provided patent information indicates that US Patent 10,080,394 is involved in litigation. A case, 1:26-cv-02211, has been filed in the Georgia Northern District Court. However, a search of "US10080394 CAFC dockets 2026" did not yield any results specifically indicating litigation before the Court of Appeals for the Federal Circuit (CAFC) in 2026. The identified litigation is at the District Court level. Therefore, there is no authoritative information to suggest current CAFC 2026 dockets for this patent.Here's a concise summary of US patent 10080394:

US Patent 10,080,394: Headband with Protective Insert

  • Title: Headband with protective insert
  • Assignee: Individual
  • Inventor: Shane Michael Johnston
  • Filing Date: April 7, 2016
  • Issue Date: September 25, 2018
  • Abstract: The patent describes a headband featuring one or more protective inserts. The inserts may be strategically positioned to provide protection for specific areas of a person's head that are most vulnerable to impact, depending on the sport or other activity. The inserts may be directly attached to the headband, or may be enclosed in pouches which are directly attached to the headband. The headband may be worn with or without additional headgear, and may be configured to cooperate with the additional headgear as to form, fit, and functionality.

Plain-Language Overview of Independent Claims:

  • Claim 1: This claim describes a protective headgear comprising a headband designed to fit around a person's head, leaving the top open. This headband includes multiple pouches attached to its outer surface, each at least partially enclosing a protective insert. These inserts are specifically positioned to cover at least two of the following regions of the head: frontal, left parietal, right parietal, left sphenoidal, right sphenoidal, left temporal, right temporal, and occipital.
  • Claim 16: This claim outlines a protective headgear that includes a headband configured to fit around a person's head. The headband has an outer surface that can receive a detachable pouch. A first detachable pouch is attached to this outer surface at a specific spot and is designed to hold a protective insert. A first protective insert is at least partially contained within this pouch and is positioned to cover at least one of the frontal, left parietal, right parietal, left sphenoidal, right sphenoidal, left temporal, right temporal, and occipital regions of the head when worn.
  • Claim 19: This claim describes a protective headgear comprising a headband configured to fit around a person's head. The headband's outer surface is designed to receive detachable protective inserts. The claim specifies a first detachable protective insert attached to the outer surface at a first location and a second detachable protective insert attached at a second location. These protective inserts are positioned to at least partially cover at least two of the frontal, left parietal, right parietal, left sphenoidal, right sphenoidal, left temporal, right temporal, and occipital regions of the head when the headband is worn.

CAFC 2026 Dockets:
As of April 26, 2026, the available information indicates that US Patent 10,080,394 has litigation associated with its family, specifically a case filed in the Georgia Northern District Court (case number 1:26-cv-02211). However, searches for "US10080394 CAFC dockets 2026" did not yield any results specifically indicating current litigation or dockets before the Court of Appeals for the Federal Circuit (CAFC) for this patent in 2026. Therefore, no authoritative information on CAFC 2026 dockets for this patent is available.

Generated 6/1/2026, 12:45:54 AM

Cases on file (1)

Group view →

Specific litigation cases in our database that name US patent 10080394. The free-form analysis below may also discuss cases beyond this list.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

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Known litigation involving US patent 10080394 includes:

  • Plaintiff(s): Johnston
  • Defendant(s): Guardian Sports, LLC
  • Jurisdiction: Georgia Northern District Court
  • Case Number: 1:26-cv-02211
  • Filing Date: April 22, 2026
  • Current Status: Filed

Generated 6/1/2026, 12:46:04 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: Shane Michael Johnston

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

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Proceedings overview

There is no PTAB activity on file for US patent 10080394.

Strategic summary

As there are no PTAB proceedings on file for US patent 10080394, all claims (1-20) remain untested by AIA trial proceedings. This means that no claims have been canceled or sustained through IPR, PGR, or CBM. The estoppel landscape is entirely open, as no petitioner has been barred from raising prior-art grounds. The absence of PTAB activity could suggest that the patent has not yet been asserted aggressively enough to attract IPR filings, or that potential petitioners have not yet identified strong prior art grounds.

Recommended next steps

Since no PTAB activity exists for US patent 10080394, a potential defendant facing assertion of this patent would have a full range of prior art grounds available for an IPR or PGR filing, should they choose to pursue that avenue. The absence of PTAB activity is a signal that the patent has not been subjected to the scrutiny of an AIA trial, which can be both an opportunity (no hardened claims) and a challenge (no claims have been invalidated to narrow the scope of assertion).

Generated 6/1/2026, 12:45:59 AM

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

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Inventors

The sole named inventor for US Patent 10,080,394 is Shane Michael Johnston. His employer at the time of filing is listed as "Individual" on the patent, suggesting he was self-employed or directly held the patent, rather than being employed by a specific company for this invention.

Original assignee

The original assignee listed on US Patent 10,080,394 is "Individual," referring to the inventor, Shane Michael Johnston.

  • Shipped a product embodying the claims: Unclear. Searches for products directly linked to Shane Michael Johnston embodying the claims of this patent did not yield definitive results. While "Halos® Headbands" are mentioned as a protective sports headband, there is no direct evidence linking this product to the inventor of US10080394.
  • Primary line of business: Unclear. No specific business or company associated with the patent's subject matter is explicitly stated for the individual assignee.
  • Current status: Individual. There is no information to suggest that Shane Michael Johnston, as the individual assignee, has undergone dissolution, acquisition, or bankruptcy related to a business entity for this patent. The patent itself remains active.

Assignment timeline

Upon searching the USPTO Patent Assignment Search (https://assignmentcenter.uspto.gov/) for patent number 10080394, no assignment records were found. This indicates that no changes in ownership have been recorded with the USPTO since the patent's issuance.

Timeline diagram

Cannot be rendered as there are no recorded assignments for this patent in the USPTO Assignment Center to form an ownership timeline.

NPE / troll-pattern signals

  1. Shell-entity transfer: Not present. No assignment records exist, so there is no evidence of a transfer to a shell entity.
  2. Known asserter in the chain: Not present. The absence of assignment records means no known NPE appears as an assignee.
  3. Repeat correspondent across the chain: Not present. With no recorded assignments, there are no correspondent records to analyze for recurrence.
  4. Cascading transfers: Not present. No assignment records indicate cascading transfers.
  5. Pre-litigation transfer: Not present. There are no recorded assignments to assess for timing relative to litigation. Although the patent is involved in litigation in the Georgia Northern District Court (case 1:26-cv-02211), no preceding assignment is recorded.
  6. Bankruptcy fire-sale: Not present. No evidence suggests the original individual assignee underwent bankruptcy proceedings leading to a patent sale.
  7. Privateering: Unclear. Without assignment records or explicit business disclosures, it is not possible to determine if the patent is being asserted on behalf of an operating company by another entity.
  8. Defensive aggregator (anti-NPE): Not present. No records indicate acquisition by a defensive aggregator.

Verdict

Insufficient data.
No assignment records were found for US10080394 in the USPTO Assignment Center. This prevents a comprehensive analysis of ownership changes and related NPE patterns. While litigation is noted (case 1:26-cv-02211 in the Georgia Northern District Court), the absence of assignment records makes it impossible to determine the nature of the asserting entity (whether it remains the individual inventor or an unrecorded transfer to an NPE).

USPTO Assignment Center search for US10080394: https://assignmentcenter.uspto.gov/patents/10080394

Generated 6/1/2026, 12:46:13 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

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To identify the most relevant prior art for US patent 10080394, I will analyze the patent citations listed within the document.

Here are the prior art references cited in US Patent 10,080,394, along with their details and potential anticipatory aspects:

Patent Citations:

  • US4646367A

    • Full Citation: US4646367A - Tumbling cap
    • Publication/Filing Date: Publication Date: 1987-03-03; Filing Date: 1985-01-10
    • Brief Description: This patent describes a tumbling cap designed to protect a user's head during acrobatic activities. It includes padding for impact absorption.
    • Potential Anticipation (35 U.S.C. § 102): This reference potentially anticipates elements of Claim 1, Claim 16, and Claim 19 related to protective headgear with inserts for impact protection. Specifically, the concept of a "cap" functioning as headgear with protective padding could be seen as a form of "headband configured to fit around a head of a person" with "protective inserts," even if the specific attachment mechanism or open-top feature differs.
  • US4698852A

    • Full Citation: US4698852A - Head guard for soccer player
    • Publication/Filing Date: Publication Date: 1987-10-13; Filing Date: 1986-08-04
    • Brief Description: This patent discloses a head guard specifically designed for soccer players to protect the head from impacts. It features a flexible band with padded sections.
    • Potential Anticipation (35 U.S.C. § 102): This reference is highly relevant to Claim 1, Claim 16, and Claim 19, as it describes a "head guard" which is essentially a headband with protective elements ("padded sections") intended for sports. The padded sections could be seen as "protective inserts" and the flexible band as the "headband configured to fit around a head of a person." The focus on specific head regions for soccer impacts further aligns with the strategic positioning mentioned in the claims.
  • US4910804A

    • Full Citation: US4910804A - Head guard and method for making same
    • Publication/Filing Date: Publication Date: 1990-03-27; Filing Date: 1986-12-11
    • Brief Description: This patent describes a head guard with impact-absorbing material, and a method for its manufacture.
    • Potential Anticipation (35 U.S.C. § 102): Similar to US4698852A, this patent discloses a "head guard" with "impact-absorbing material," which directly relates to the concept of a headband with protective inserts. It potentially anticipates Claim 1, Claim 16, and Claim 19 by demonstrating the prior art of protective headbands with integrated padding.
  • US4947488A

    • Full Citation: US4947488A - Forehead guard
    • Publication/Filing Date: Publication Date: 1990-08-14; Filing Date: 1990-02-06
    • Brief Description: This patent describes a forehead guard, likely a band with a protective element for the frontal region of the head.
    • Potential Anticipation (35 U.S.C. § 102): This reference directly anticipates the concept of a protective element specifically for the frontal region, as detailed in Claim 1, Claim 16, and Claim 19, which list the "frontal" region as one of the areas to be covered by inserts. It demonstrates prior art for targeted head protection via a band-like structure.
  • US5946734A

    • Full Citation: US5946734A - Head protector apparatus
    • Publication/Filing Date: Publication Date: 1999-09-07; Filing Date: 1997-04-15
    • Brief Description: This patent describes a head protector apparatus, likely a more general form of headgear with protective features.
    • Potential Anticipation (35 U.S.C. § 102): This broad description of a "head protector apparatus" likely encompasses various forms of head protection, including those that might resemble a headband with inserts. Depending on its specific construction, it could potentially anticipate the general concept of protective headgear in Claim 1, Claim 16, and Claim 19.
  • US5963989A

    • Full Citation: US5963989A - Soccer headband
    • Publication/Filing Date: Publication Date: 1999-10-12; Filing Date: 1998-07-27
    • Brief Description: This patent describes a headband specifically for soccer, suggesting it incorporates protective elements against impacts from heading the ball.
    • Potential Anticipation (35 U.S.C. § 102): This is a highly relevant reference. A "soccer headband" with protective features directly anticipates Claim 1, Claim 16, and Claim 19, especially with regards to a "headband configured to fit around a head of a person" and "protective inserts" for specific head regions (e.g., frontal).
  • US6000062A

    • Full Citation: US6000062A - Protective headband for soccer players
    • Publication/Filing Date: Publication Date: 1999-12-14; Filing Date: 1997-10-14
    • Brief Description: This patent describes a protective headband designed specifically for soccer players, implying features for impact protection.
    • Potential Anticipation (35 U.S.C. § 102): Similar to US5963989A, this patent is highly relevant and likely anticipates Claim 1, Claim 16, and Claim 19 by disclosing a "protective headband" for athletes, directly addressing the core elements of the current patent.
  • US6266826B1

    • Full Citation: US6266826B1 - Protective head device
    • Publication/Filing Date: Publication Date: 2001-07-31; Filing Date: 2000-09-15
    • Brief Description: This patent details a protective head device.
    • Potential Anticipation (35 U.S.C. § 102): Without more specific details about the "protective head device," it's difficult to ascertain direct anticipation. However, if it incorporates a headband-like structure with inserts, it could broadly anticipate the general concept of protective headgear with inserts in Claim 1, Claim 16, and Claim 19.
  • US6349416B1

    • Full Citation: US6349416B1 - Headguard-protective sports headband
    • Publication/Filing Date: Publication Date: 2002-02-26; Filing Date: 1999-07-23
    • Brief Description: This patent explicitly describes a "headguard-protective sports headband."
    • Potential Anticipation (35 U.S.C. § 102): This reference is extremely relevant and directly anticipates the "headband with protective inserts" in Claim 1, Claim 16, and Claim 19, as it combines both the headband and protective elements for sports use.
  • US6397399B1

    • Full Citation: US6397399B1 - Protective headguard
    • Publication/Filing Date: Publication Date: 2002-06-04; Filing Date: 1999-08-23
    • Brief Description: This patent describes a "protective headguard."
    • Potential Anticipation (35 U.S.C. § 102): Similar to US6266826B1, the general term "protective headguard" would require more specific details to fully assess its anticipatory effect. However, if it functions as a headband with inserts, it could generally anticipate the claims.
  • US6427253B1

    • Full Citation: US6427253B1 - Protective headgear comprising a headband and a semi-rigid support to protect a back region of a user's head
    • Publication/Filing Date: Publication Date: 2002-08-06; Filing Date: 2001-03-21
    • Brief Description: This patent describes protective headgear featuring a headband and a semi-rigid support specifically for the back of the head.
    • Potential Anticipation (35 U.S.C. § 102): This is a highly relevant reference, especially for Claim 1, Claim 16, and Claim 19, as it explicitly mentions a "headband" and a "semi-rigid support" (which can be considered a protective insert) for a "back region of a user's head" (occipital region). This directly addresses the concept of a headband with strategically placed protective inserts.
  • US6438761B1

    • Full Citation: US6438761B1 - Protective headband for heading a ball
    • Publication/Filing Date: Publication Date: 2002-08-27; Filing Date: 2001-09-13
    • Brief Description: This patent describes a protective headband specifically designed for heading a ball, likely in sports like soccer.
    • Potential Anticipation (35 U.S.C. § 102): This reference is very strong prior art for Claim 1, Claim 16, and Claim 19 because it explicitly describes a "protective headband" for a specific athletic activity that involves head impact, thus directly relating to the invention's core.
  • US6493881B1

    • Full Citation: US6493881B1 - Head protector for infants and small children
    • Publication/Filing Date: Publication Date: 2002-12-17; Filing Date: 2001-08-07
    • Brief Description: This patent describes a head protector for infants and small children.
    • Potential Anticipation (35 U.S.C. § 102): While for a different user group, a "head protector" for infants and small children could involve a headband-like structure with protective padding. Depending on its design, it could potentially anticipate the general concept of a headband with protective inserts in Claim 1, Claim 16, and Claim 19.
  • US6554787B1

    • Full Citation: US6554787B1 - Headband for treatment of headaches
    • Publication/Filing Date: Publication Date: 2003-04-29; Filing Date: 1999-08-30
    • Brief Description: This patent describes a headband for treating headaches, which may involve cushioned or pressure-applying elements.
    • Potential Anticipation (35 U.S.C. § 102): While the purpose is different (headache treatment vs. impact protection), if this headband includes "inserts" for pressure or cushioning, it could potentially anticipate the structural elements of a headband with inserts as described in Claim 1, Claim 16, and Claim 19, depending on the specific nature and placement of those inserts.
  • US8613114B1

    • Full Citation: US8613114B1 - Head guard
    • Publication/Filing Date: Publication Date: 2013-12-24; Filing Date: 2012-07-25
    • Brief Description: This patent describes a "head guard."
    • Potential Anticipation (35 U.S.C. § 102): Similar to other general "head guard" patents, without more detailed information, it's hard to assess direct anticipation. If it incorporates a headband structure with protective elements, it could generally anticipate the claims.
  • US8739316B1

    • Full Citation: US8739316B1 - Protective headgear and inserts
    • Publication/Filing Date: Publication Date: 2014-06-03; Filing Date: 2010-06-09
    • Brief Description: This patent explicitly describes "protective headgear and inserts."
    • Potential Anticipation (35 U.S.C. § 102): This is a very strong prior art reference for Claim 1, Claim 16, and Claim 19 as it explicitly covers both "protective headgear" and "inserts." The specific form of the headgear would need to be analyzed to determine how closely it aligns with a "headband," but the presence of both elements makes it highly relevant.
  • US8789212B2

    • Full Citation: US8789212B2 - Protective athletic headwear with open top
    • Publication/Filing Date: Publication Date: 2014-07-29; Filing Date: 2011-09-13
    • Brief Description: This patent describes protective athletic headwear with an open top.
    • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant to Claim 1, which specifies a "headband having an open top." The "protective athletic headwear" could very well be a headband, and the "open top" feature is explicitly mentioned. This reference strongly anticipates the open-top headband aspect, particularly in combination with protective elements.

Generated 6/1/2026, 12:46:15 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

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Obviousness Analysis of US Patent 10,080,394 under 35 U.S.C. § 103

This analysis determines whether the claimed invention of US Patent 10,080,394 (hereinafter "'394 patent") would have been obvious to a person having ordinary skill in the art (POSITA) at the time of the invention (priority date April 14, 2015), based on the cited prior art.

Person Having Ordinary Skill in the Art (POSITA)

A POSITA in this field would be an engineer or designer with expertise in sporting equipment, particularly protective headgear. This individual would possess knowledge of materials science for impact absorption, ergonomic design principles for head-worn articles, and manufacturing techniques for textile-based protective products.

Prior Art Overview

The most pertinent prior art for this analysis is the "Crasche.com webpage", specifically describing products available before the '394 patent's priority date, such as the Crasche Middie band and Crasche hat. Additionally, various other protective headband patents are cited, demonstrating the general state of the art.

Crasche.com (Prior to April 14, 2015):
The Crasche website advertised protective headgear, including the "Crasche Middie band" and "Crasche hat."

  • Crasche Middie band: Introduced by March 18, 2014, it is described as a protective headband for sports like figure skating, soccer, and lacrosse. It features an "open top" and "removable protective inserts" made of "strong polycarbonate plastic" (outer layer) and "neoprene rubber" with "air chambers" (inner layer). It specifies protection for the "back of a skaters head" (occipital region) and, by its nature as a headband, would cover the frontal area.
  • Crasche hat: Also featured "removable protective inserts" made of polycarbonate plastic and neoprene rubber with air chambers. These inserts were "designed to be easily removed and re-inserted." The hat was intended to be worn with the front covering the forehead, just above the eyebrow.
  • A user testimonial from April 13, 2015, mentions a "Crasche headband" that absorbed impact and specifically asks if the company sells "just the headband without the pads" to allow for changing colors. This indicates that the inserts were understood to be separable from the headband.

Obviousness Analysis of Independent Claims

Claim 1

Claim 1 describes a protective headgear comprising a headband with an open top and a plurality of pouches attached to an outer surface, housing protective inserts positioned to cover at least two specified head regions.

  1. "a headband configured to fit around a head of a person, the headband having an open top": The Crasche Middie band is explicitly referred to as a "Crasche headband" and is described as having an "open top". This element is directly met by Crasche.
  2. "a plurality of pouches attached to an outer surface of the headband; and a plurality of protective inserts each at least partially enclosed within the plurality of pouches respectively": Crasche discloses "removable protective inserts" housed within its headbands/hats. The fabric structure of the Crasche headband implicitly functions as "pouches" enclosing these inserts. The user's query about purchasing the headband without pads further supports the concept of separable inserts within the headband. While the '394 patent illustrates distinct pouches attached to an outer surface, a POSITA would find it an obvious design choice to either integrate the inserts directly into the headband's fabric (as implied by Crasche) or to place them in distinct, attached pouches for manufacturing, maintenance, or customization purposes. The patent itself mentions inserts being "enclosed (at least partially) in pouches 15 which in turn are attached directly to the headband 5."
  3. "positioned to at least partially cover at least two of the following regions... frontal; left parietal; right parietal; left sphenoidal; right sphenoidal; left temporal; right temporal; and occipital": The Crasche Middie band is designed to protect the "back of a skaters head" (occipital region), and as a headband, inherently covers the frontal area. This clearly covers at least two of the specified regions. The objective of any protective headgear, as evidenced by numerous prior art references like US4698852A (Head guard for soccer player) and US6000062A (Protective headband for soccer players), is to protect vulnerable parts of the head. A POSITA would readily understand the desirability of positioning inserts to cover multiple impact-prone areas.

Motivation for combination/modification: A POSITA, seeking to enhance the modularity or ease of manufacturing of the Crasche protective headband, would be motivated to explicitly define the insert-holding fabric as "pouches" and to attach these pouches to the headband, using known textile manufacturing techniques. The inherent protection of at least two head regions in Crasche products satisfies this aspect of the claim.

Therefore, Claim 1 would have been obvious over the Crasche.com disclosure.

Claim 16

Claim 16 describes a protective headgear with a headband configured to receive a detachable pouch, a first detachable pouch attached to the headband, and a first protective insert within the pouch, covering at least one specified head region.

  1. "a headband configured to fit around a head of a person, the headband having an outer surface configured to receive a detachable pouch": The Crasche Middie is a headband. The website explicitly states "removable protective inserts". The user asking to buy the "headband without the pads" strongly suggests the inserts (or their containing structures) are detachable, implying the headband is configured to receive such components. The motivation for detachability (e.g., for cleaning, replacement, or customization, as implied by the user's desire to change colors) would be apparent to a POSITA.
  2. "a first detachable pouch attached to the outer surface of the headband at a first location, and configured to receive a protective insert; and a first protective insert at least partially enclosed within the first pouch and positioned to at least partially cover one of the following regions": Crasche teaches removable protective inserts housed within the headband material. Making these insert-containing structures explicitly "detachable pouches" attached to the headband's outer surface would be an obvious engineering modification for a POSITA. This would allow for easier customization, repair, or replacement of the protective elements. Crasche's products already cover at least one specific head region, such as the occipital or frontal area.

Motivation for combination/modification: A POSITA would be motivated to make the pouches (or the inserts themselves) explicitly detachable from the headband using known fastening methods (e.g., VELCRO, snaps, light glue, as noted in the '394 patent's own description) to facilitate washing, replacement of damaged inserts, or customization, a need already indicated by the Crasche user review.

Therefore, Claim 16 would have been obvious over the Crasche.com disclosure combined with ordinary engineering skill.

Claim 19

Claim 19 describes a protective headgear with a headband having an outer surface configured to receive detachable protective inserts, a first detachable insert, and a second detachable insert, positioned to cover at least two specified head regions. This claim focuses on direct attachment of detachable inserts rather than pouches.

  1. "a headband configured to fit around a head of a person, the headband having an outer surface configured to receive detachable protective inserts": Crasche discloses a headband with "removable protective inserts". The '394 patent's own description allows for inserts to be "removably attached directly to the headband by light glue, tape, VELCRO, or other suitable means, for fast placement and/or removal including 'peel on' and 'peel off'." This directly anticipates the concept of a headband receiving detachable inserts.
  2. "a first detachable protective insert attached to the outer surface of the headband at a first location; and a second detachable protective insert attached to the outer surface of the headband at a second location": The Crasche Middie band incorporates multiple "protective elements," including an "additional neoprene element... to the rear" for occipital protection, distinct from other elements. This teaches at least two distinct protective inserts. Making these "removable protective inserts" directly detachable from the headband using known fastening methods (e.g., VELCRO, tape, glue) would be an obvious design choice for a POSITA to achieve the aforementioned benefits of customization, replacement, or cleaning.
  3. "wherein the protective inserts are positioned to at least partially cover at least two of the following regions": As established, Crasche's Middie band is designed to protect both the frontal and occipital regions.

Motivation for combination/modification: The concept of directly attaching detachable inserts to a headband is a straightforward alternative to using pouches, offering similar benefits of customization and maintenance. A POSITA would be motivated to choose direct attachment methods (e.g., VELCRO, adhesives) as they are common and effective for detachable components in textile products, as explicitly taught within the '394 patent itself.

Therefore, Claim 19 would have been obvious over the Crasche.com disclosure combined with common fastening techniques known to a POSITA.

Obviousness Analysis of Dependent Claims

Many dependent claims would also be rendered obvious based on the Crasche.com disclosures and general knowledge:

  • Claim 2 (impact-resistant plastic): Obvious over Crasche, which explicitly states its inserts are made of "strong polycarbonate plastic."
  • Claim 3 (aerated inserts): Obvious over Crasche, which describes its neoprene inner layers having "a series of air chambers" to cushion impact.
  • Claim 4, 6, 10 (covering each of the eight listed regions): Obvious over Crasche and general knowledge. While Crasche specifically highlights frontal and occipital protection, extending coverage to all vulnerable head regions is a common and desirable design goal for comprehensive protection in sporting goods, evident in various prior art headguards (e.g., US4698852A, US6000062A, US6349416B1). A POSITA would be motivated to include more coverage for improved safety, achieving a predictable result.
  • Claim 5, 7, 8 (segmented inserts): Obvious over Crasche in combination with general engineering principles. Segmentation or perforation of rigid inserts (e.g., as shown in FIG. 3A (20) of US10080394) is a known technique to enhance flexibility, conform to curved surfaces, improve ventilation, and reduce bulk without sacrificing significant protection. A POSITA would be motivated to apply such techniques to the polycarbonate inserts of Crasche to improve comfort and fit.
  • Claim 11, 12 (detachable pouches): Obvious over Crasche's "removable protective inserts" and the user's expressed desire to separate pads from the headband for changing colors. This directly teaches and motivates the detachability of the protective elements, whether directly or within pouches.
  • Claim 13 (curved inserts): Obvious. Shaping protective inserts to "substantially conform to the shape of a corresponding portion of the head" is a fundamental ergonomic design principle for comfort, stability, and effective impact distribution in any wearable protective gear. A POSITA would routinely design inserts with appropriate curvature.
  • Claim 14, 15 (combination with outer headgear, mating profile/recess): Obvious over Crasche (which can serve as a first layer of protection or be worn when helmets are not required) combined with US8789212B2 (Protective athletic headwear with open top). The problem of ensuring a snug, non-shifting fit between an under-layer (like the headband) and an outer helmet is a common engineering challenge. A POSITA would be motivated to design complementary mating features, such as recesses in the helmet (as described in the '394 patent's FIG. 4), to achieve proper alignment, stability, and enhanced protection, a predictable outcome.

Conclusion

Based on the analysis, the independent claims (1, 16, and 19) of US Patent 10,080,394, along with many dependent claims, would have been obvious to a person having ordinary skill in the art at the time of the invention. The Crasche.com website, particularly its descriptions of the Crasche Middie band and Crasche hat prior to April 14, 2015, discloses a protective headband with an open top and removable/detachable inserts made of impact-resistant, aerated materials, positioned to protect vulnerable head regions. The differences between the claimed invention and the Crasche prior art, such as the specific configuration of pouches or direct attachment, are minor design variations or routine engineering choices motivated by known benefits like customization, ease of manufacturing, or improved fit, and would have been predictable to a POSITA.

Generated 6/1/2026, 12:47:02 AM

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1 tracked lawsuit name US 10080394.