US 10681946

Here is a concise summary of US Patent 10,681,946.

Summary of US Patent 10,681,946

Title: Headband with protective insert

Assignee: Based on the information available, the patent is assigned to an "Individual."

Inventors: Shane Michael Johnston

Filing Date: September 17, 2018

Issue Date: June 16, 2020

Abstract: The patent describes a headband that includes one or more protective inserts. These inserts can be placed in strategic locations to protect specific areas of a person's head from impact. The inserts can be attached directly to the headband or placed within pouches that are attached to the headband. This protective headband can be worn by itself or underneath other headgear, and it can be designed to work in conjunction with the additional headgear.

Plain-Language Overview of Independent Claims

This patent has three independent claims, which define the core inventions protected. In simple terms, they are:

• Claim 1: This claim protects a piece of protective headgear that consists of a headband with an open top. Attached to the outside of this headband are multiple pouches, and each of these pouches contains a protective insert.

• Claim 16: This claim covers a protective headgear system. It includes a headband designed to have a pouch detachably connected to its outer surface. A key part of this invention is a detachable pouch that is attached to the headband and is designed to hold a protective insert, with a protective insert placed inside it.

• Claim 19: This claim focuses on a protective headgear where the protective inserts themselves are detachable. It describes a headband with an outer surface made to receive these inserts. The invention consists of at least two detachable protective inserts that are directly attached to the outer surface of the headband at different locations.

A search of the CAFC (Court of Appeals for the Federal Circuit) 2026 dockets for cases related to patent number 10,681,946 was conducted, and no records were found. It is important to note that this does not definitively mean no litigation has ever occurred, as cases could exist in other district courts or in dockets from other years. Based on the available information, there is no indication of any appeals related to this patent in the specified 2026 docket.

As a patent attorney, I have investigated litigation records for US Patent 10,681,946.

A search of publicly available litigation databases, including the Unified Patents portal and general searches for CAFC and PACER dockets, has not identified any known litigation specifically involving US Patent 10,681,946 as of April 26, 2026.

It is important to note that while comprehensive efforts were made, there's always a possibility that some private or unindexed cases might exist. PACER is a national index for federal court cases, including district, bankruptcy, and appellate courts, and is updated daily. However, accessing detailed case information often requires a registered account and may incur fees. The CAFC website provides case information and documents for cases filed on or after March 1, 2012, through PACER, while older records are stored with the National Archives.

Proceedings overview

There are no AIA trial proceedings on file for US Patent 10681946. This means the patent has not been challenged through Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) proceedings at the Patent Trial and Appeal Board (PTAB). Therefore, for a defendant, the patent claims remain as granted, and there is no record of claims being invalidated or sustained by the PTAB.

Strategic summary

As of the current date, US Patent 10681946 has no PTAB proceedings on record. All claims (1-20) of the patent remain untested by AIA trial procedures. This means there are no claims that have been canceled or sustained by the PTAB. Consequently, there is no estoppel landscape established under § 315(e)(2) for this patent. The absence of PTAB challenges could indicate that potential challengers have not yet found sufficient prior art to meet the institution threshold, or that the patent has not been asserted aggressively enough to provoke such challenges. There is no evidence of any pattern of PTAB filings by a specific petitioner or any involvement of defensive aggregators.

Recommended next steps

Since no PTAB activity exists for US Patent 10681946, the first step for a defendant facing assertion of this patent would be to conduct a thorough prior art search to determine if strong invalidity arguments exist. If such art is found, initiating an Inter Partes Review (IPR) at the PTAB could be a viable defense strategy. The absence of prior PTAB challenges means that a petitioner would have a clear field to present their best prior art arguments without being constrained by estoppel from previous proceedings.The USPTO Open Data Portal (ODP) API indicates no AIA trial proceedings on file for US Patent 10681946 as of the most recent ingest. A web search for PTAB proceedings related to US10681946 also did not return any active or concluded Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) proceedings.

Proceedings overview

There are no AIA trial proceedings on file for US Patent 10681946. This means all claims of the patent remain as originally granted and have not been subject to review or modification by the PTAB. This gives a defendant no immediate PTAB-related leverage, as no claims have been invalidated or sustained in such proceedings.

Strategic summary

As of the current date (2026-05-30), US Patent 10681946 has no PTAB proceedings on record. All twenty claims (1-20) of the patent remain untested by AIA trial procedures such as IPR, PGR, or CBM. Consequently, no claims have been canceled or confirmed patentable by the PTAB. The absence of such proceedings also means there is no estoppel landscape established under 35 U.S.C. § 315(e)(2), which would bar petitioners (and their privies) from raising grounds that were raised or reasonably could have been raised. Therefore, all prior-art grounds remain available for potential challengers. There is no visible pattern of PTAB filings by a specific petitioner, nor any indication of aggressive PTAB appeals by the patent owner or involvement of defensive aggregators.

Recommended next steps

Given the absence of any PTAB activity, a defendant currently facing assertion of US Patent 10681946 should undertake a comprehensive prior art search. If strong prior art is discovered that anticipates or renders obvious the claimed invention, filing a petition for Inter Partes Review (IPR) at the PTAB could be a strategic and effective defense. The lack of previous challenges means that a well-supported IPR petition would be the first opportunity for the PTAB to consider the patentability of the claims based on prior art.

Inventors

Shane Michael Johnston (Employer undeterminable from patent text).

Original assignee

The original assignee is listed as "Individual" on the issued patent. Based on the patent text, there is no information available to determine if they shipped a product embodying the claims, their primary line of business, or their current status.

Assignment timeline

A search of the USPTO Assignment Center for patent number US10681946 shows no recorded assignment activity for this patent. This indicates that the patent likely remains with the "Individual" assignee listed on the issued patent.

Timeline diagram

timeline
    title Ownership of US 10681946
    2018 : Filed by Individual
    2020 : Issued to Individual

NPE / troll-pattern signals

1. Shell-entity transfer — not present
2. Known asserter in the chain — not present
3. Repeat correspondent across the chain — not present
4. Cascading transfers — not present
5. Pre-litigation transfer — not present
6. Bankruptcy fire-sale — not present
7. Privateering — not present
8. Defensive aggregator (anti-NPE) — not present

Verdict

Insufficient data
There are no recorded assignments for US patent 10681946 in the USPTO Assignment Center. Therefore, there is no information to assess any NPE or troll patterns beyond the initial individual ownership.

USPTO Assignment Center search page

The USPTO provides a Patent Public Search tool for searching patents and patent application publications. This tool allows users to search by keywords or common fields, such as inventor or publication number, and also offers an advanced search with full query options. The following prior art references were cited in US Patent 10,681,946:

1. US3900035A

• Full Citation: US3900035A - Therapeutic elastic bandage
• Publication Date: August 19, 1975
• Description: This patent describes a therapeutic elastic bandage.
• Potential Anticipated Claims: Without a more detailed description of the bandage's construction and its potential for protective inserts, it is difficult to definitively say which claims of US10681946B2 it might anticipate. However, if the bandage includes any form of localized padding or reinforcement that could be considered a "protective insert" within a "headband," it might potentially anticipate aspects of Claim 1, 16, or 19 related to a head-worn item with protective elements.

2. US4277847A

• Full Citation: US4277847A - Headband for joggers
• Publication Date: July 14, 1981
• Description: This patent describes a headband specifically designed for joggers.
• Potential Anticipated Claims: Similar to US3900035A, the degree of anticipation depends on whether this headband incorporates any protective features. If it includes integrated or attachable elements designed to absorb impact or protect specific areas, it could potentially anticipate aspects of Claim 1, 16, or 19 concerning a headband with protective inserts.

3. US4646367A

• Full Citation: US4646367A - Tumbling cap
• Publication Date: March 3, 1987
• Description: This patent describes a tumbling cap.
• Potential Anticipated Claims: A tumbling cap is inherently protective headgear. If this cap utilizes inserts within pouches or directly attached inserts for protection, it could potentially anticipate Claim 1 (headband with pouches and inserts), Claim 16 (headband with detachable pouch and insert), or Claim 19 (headband with detachable inserts directly attached). The "open top" limitation of Claim 1 would need careful consideration.

4. US4698852A

• Full Citation: US4698852A - Head guard for soccer player
• Publication Date: October 13, 1987
• Description: This patent describes a head guard designed for soccer players.
• Potential Anticipated Claims: A soccer head guard is clearly protective headgear. If it incorporates protective elements as described in US10681946B2, particularly those involving detachable inserts or inserts within pouches, it could potentially anticipate Claim 1, 16, or 19.

5. US4910804A

• Full Citation: US4910804A - Head guard and method for making same
• Publication Date: March 27, 1990
• Description: This patent describes a head guard and the method for its manufacture.
• Potential Anticipated Claims: Depending on the design of the head guard and its protective elements (e.g., if it uses inserts that are detachable or contained in pouches), it could potentially anticipate Claim 1, 16, or 19.

6. US4947488A

• Full Citation: US4947488A - Forehead guard
• Publication Date: August 14, 1990
• Description: This patent describes a forehead guard.
• Potential Anticipated Claims: A forehead guard is a specific type of protective headgear. If this guard uses detachable inserts or inserts within pouches to protect the forehead, it could potentially anticipate elements of Claim 1, 16, or 19, particularly concerning the placement and attachment of protective inserts.

7. US5395400A

• Full Citation: US5395400A - Heated headgear
• Publication Date: March 7, 1995
• Description: This patent describes heated headgear.
• Potential Anticipated Claims: While primarily focused on heating, if the heated headgear also incorporates protective elements that function as inserts, especially if they are detachable or within pouches, it could potentially anticipate aspects of Claim 1, 16, or 19. The "protective" nature of the inserts would be key here.

8. US5946734A

• Full Citation: US5946734A - Head protector apparatus
• Publication Date: September 7, 1999
• Description: This patent describes a head protector apparatus.
• Potential Anticipated Claims: Given its general nature as a "head protector apparatus," a detailed review of its construction would be needed. If it features a headband-like structure with inserts that are detachable or housed in pouches, it could potentially anticipate Claim 1, 16, or 19.

9. US5963989A

• Full Citation: US5963989A - Soccer headband
• Publication Date: October 12, 1999
• Description: This patent describes a headband specifically for soccer.
• Potential Anticipated Claims: Similar to US4698852A, if this soccer headband incorporates protective inserts, especially those that are detachable or housed in pouches, it could potentially anticipate Claim 1, 16, or 19.

10. US6000062A

• Full Citation: US6000062A - Protective headband for soccer players
• Publication Date: December 14, 1999
• Description: This patent describes a protective headband for soccer players.
• Potential Anticipated Claims: As a "protective headband for soccer players," this patent is highly relevant. If it features multiple pouches with inserts (Claim 1), detachable pouches with inserts (Claim 16), or detachable inserts directly attached to the headband (Claim 19), it would directly anticipate those claims.

11. US6266826B1

• Full Citation: US6266826B1 - Protective head device
• Publication Date: July 31, 2001
• Description: This patent describes a protective head device.
• Potential Anticipated Claims: The term "protective head device" is broad. If this device is a headband with detachable inserts or inserts within pouches, it could potentially anticipate Claim 1, 16, or 19.

12. US6349416B1

• Full Citation: US6349416B1 - Headguard-protective sports headband
• Publication Date: February 26, 2002
• Description: This patent describes a headguard, which is a protective sports headband.
• Potential Anticipated Claims: As a "protective sports headband," this patent is highly relevant. If it features multiple pouches with inserts (Claim 1), detachable pouches with inserts (Claim 16), or detachable inserts directly attached to the headband (Claim 19), it would directly anticipate those claims.

13. US6397399B1

• Full Citation: US6397399B1 - Protective headguard
• Publication Date: June 4, 2002
• Description: This patent describes a protective headguard.
• Potential Anticipated Claims: Similar to US6266826B1, the specific construction regarding detachable inserts or inserts within pouches would determine its relevance to Claim 1, 16, or 19.

14. 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 Date: August 6, 2002
• Description: This patent describes protective headgear that includes a headband and a semi-rigid support specifically for the back of the head.
• Potential Anticipated Claims: This patent is highly relevant due to its explicit mention of a "headband" and "protective headgear." The "semi-rigid support" could be considered a protective insert. If this support is enclosed in a pouch or is detachable, it could anticipate Claim 1, 16, or 19. The "open top" of Claim 1 would need to be considered.

15. US6438761B1

• Full Citation: US6438761B1 - Protective headband for heading a ball
• Publication Date: August 27, 2002
• Description: This patent describes a protective headband designed for heading a ball.
• Potential Anticipated Claims: This patent is highly relevant. If it incorporates protective inserts, especially those detachable or housed in pouches, it could directly anticipate Claim 1, 16, or 19.

16. US6493881B1

• Full Citation: US6493881B1 - Head protector for infants and small children
• Publication Date: December 17, 2002
• Description: This patent describes a head protector for infants and small children.
• Potential Anticipated Claims: Depending on the design, if this head protector uses a headband-like structure with detachable inserts or inserts within pouches, it could potentially anticipate Claim 1, 16, or 19.

17. US6554787B1

• Full Citation: US6554787B1 - Headband for treatment of headaches
• Publication Date: April 29, 2003
• Description: This patent describes a headband used for the treatment of headaches.
• Potential Anticipated Claims: While focused on headache treatment, if the headband incorporates elements that could also be considered "protective inserts" (e.g., padded areas for pressure application) and these are detachable or in pouches, it might have some overlap with Claim 1, 16, or 19. The primary function difference would be a key distinction.

18. US8458820B2

• Full Citation: US8458820B2 - Form-fitting protective headwear
• Publication Date: June 11, 2013
• Description: This patent describes form-fitting protective headwear.
• Potential Anticipated Claims: Given its description, this patent is highly relevant. If the headwear is a headband with multiple pouches containing inserts (Claim 1), a detachable pouch with an insert (Claim 16), or directly attached detachable inserts (Claim 19), it could directly anticipate those claims.

19. US8613114B1

• Full Citation: US8613114B1 - Head guard
• Publication Date: December 24, 2013
• Description: This patent describes a head guard.
• Potential Anticipated Claims: A general "head guard" could anticipate Claim 1, 16, or 19 depending on its specific design concerning detachability of inserts or use of pouches.

20. US8739316B1

• Full Citation: US8739316B1 - Protective headgear and inserts
• Publication Date: June 3, 2014
• Description: This patent describes protective headgear and associated inserts.
• Potential Anticipated Claims: This patent is highly relevant as it explicitly mentions "protective headgear and inserts." If the headgear is a headband, and the inserts are detachable or enclosed in pouches, it could directly anticipate Claim 1, 16, or 19.

21. US8789212B2

• Full Citation: US8789212B2 - Protective athletic headwear with open top
• Publication Date: July 29, 2014
• Description: This patent describes protective athletic headwear with an open top.
• Potential Anticipated Claims: This patent is highly relevant, particularly due to the "open top" feature that aligns with Claim 1 of US10681946B2. If this headwear uses multiple pouches with inserts (Claim 1), a detachable pouch with an insert (Claim 16), or directly attached detachable inserts (Claim 19), it could directly anticipate those claims.

22. US20150040296A1

• Full Citation: US20150040296A1 - Protective Helmet Cap
• Publication Date: February 12, 2015
• Description: This patent application describes a protective helmet cap.
• Potential Anticipated Claims: If this protective helmet cap has features resembling a headband with pouches and inserts, or detachable pouches/inserts, it could potentially anticipate Claim 1, 16, or 19. The "cap" aspect would need to be distinguished from the "headband" aspect of US10681946B2, especially for the open-top limitation of Claim 1.

23. US20160058084A1

• Full Citation: US20160058084A1 - Athletic headband with removable cooling elements
• Publication Date: March 3, 2016
• Description: This patent application describes an athletic headband with removable cooling elements.
• Potential Anticipated Claims: This patent is relevant due to the "athletic headband with removable elements" aspect. If the "cooling elements" also provide a protective function, and they are removable and/or housed in pouches, it could potentially anticipate Claim 1, 16, or 19. The protective nature of the inserts would be a key point of comparison.

24. US20180199653A1

• Full Citation: US20180199653A1 - Lightweight protective headgear
• Publication Date: July 19, 2018
• Description: This patent application describes lightweight protective headgear.
• Potential Anticipated Claims: Given its general description, if this headgear is a headband with detachable inserts or inserts within pouches, it could potentially anticipate Claim 1, 16, or 19.

25. US10080394B2

• Full Citation: US10080394B2 - Headband with protective insert
• Publication Date: September 25, 2018
• Description: This patent describes a headband with a protective insert. This patent is a direct continuation of U.S. patent application Ser. No. 15/093,464, which is the parent application of US10681946B2.
• Potential Anticipated Claims: As a direct continuation of a parent application, this patent is highly relevant and likely describes very similar or identical subject matter. It would almost certainly anticipate aspects of Claim 1, 16, and 19, depending on the specific wording of its claims.

26. Crasche.com webpage; printed: Apr. 13, 2015.

• Full Citation: Crasche.com webpage; printed: Apr. 13, 2015.
• Publication Date: The content was available and printed on April 13, 2015. Crasche hats were invented by Bob and Brian Cleva, and information regarding them was available as early as February 4, 2015.
• Description: The Crasche website describes a line of protective sports hats and headgear designed as an alternative to helmets, featuring removable, impact-resistant inserts made of polycarbonate plastic and neoprene rubber. These hats are designed to be stylish and comfortable, suitable for sports where helmets aren't typically worn or for individuals with special needs requiring head protection. The inserts are removable and designed to be easily inserted and re-inserted. The Crasche hat is not designed to replace a helmet, but to offer protection from blunt force impact. The inserts have an outer layer of polycarbonate plastic and an inner layer of neoprene rubber with air chambers to cushion and spread impact force.
• Potential Anticipated Claims: The Crasche product, as described on its website, features removable protective inserts within a headgear (hats and bands), which can be seen as anticipating aspects of US10681946B2. Specifically:
  • Claim 1 (headband with open top, pouches, and inserts): If any of the Crasche headbands (e.g., the "Middie band") had an open top, and the protective inserts were enclosed in pouches on the outer surface, this could anticipate Claim 1. The Crasche website mentions "removable protective inserts" for their hats, which are typically enclosed in pockets or pouches within the hat structure, or can be directly attached/removed from hats.
  • Claim 16 (headband with detachable pouch and insert): The concept of a headband with detachable pouches containing inserts aligns closely with the Crasche product if the pouches containing the inserts are detachable from the headband. The website states that the "protective inserts are designed to be easily removed and re-inserted."
  • Claim 19 (headband with detachable protective inserts directly attached): If Crasche offered a headband where the protective inserts were directly attached to the outer surface and were detachable, this would anticipate Claim 19. The website describes the hats as being worn "with or without the protective inserts," implying the inserts are detachable. The materials (polycarbonate and neoprene with air chambers) also align with materials mentioned in US10681946B2.

To analyze the obviousness of US patent 10681946 under 35 U.S.C. § 103, we need to identify combinations of prior art references that would render the claims obvious and explain the motivation for combining them.

A person having ordinary skill in the art (PHOSITA) in the context of this patent would likely be someone with experience in designing protective headgear or sporting equipment, understanding materials science related to impact absorption, and familiar with manufacturing techniques for textile and padded products.

Let's examine the independent claims and potential prior art combinations:

Independent Claim 1: "A protective headgear comprising: a headband configured to fit around a head of a person, the headband having an open top and 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."

Potential Combination for Obviousness of Claim 1:

• US6000062A (Trakh; Maz) - Protective headband for soccer players: This patent describes a protective headband for soccer players. It inherently suggests the concept of a headband providing protection to the head.
• US6427253B1 (Jacqueline Penny) - Protective headgear comprising a headband and a semi-rigid support to protect a back region of a user's head: This patent discloses protective headgear with a headband and a semi-rigid support. While it mentions a semi-rigid support, the concept of a "support" can be readily interpreted as a protective insert.
• US4910804A (Sport Exclusive E.H. Ab) - Head guard and method for making same: This reference discusses a head guard and its method of making, which can include protective elements.
• US8739316B1 (No Problem, Inc.) - Protective headgear and inserts: This patent explicitly teaches protective headgear with inserts.
• US20160058084A1 (Thermonator, Inc.) - Athletic headband with removable cooling elements: This reference discloses an athletic headband with removable elements. Although the elements are for cooling, the concept of "removable elements" housed in a headband provides a clear teaching of pouches and inserts, where the function of the insert could be changed.

Motivation for Combination:

A PHOSITA would be motivated to combine these references to create a more versatile and customizable protective headband.

• The existing need for head protection in sports where helmets are not typically worn (as described in the background of US10681946B2) would motivate a PHOSITA to enhance a basic protective headband (like Trakh's) with more robust and strategically placed protective elements.
• The concept of "inserts" for protective headgear is taught by No Problem, Inc. (US8739316B1).
• The idea of modularity, where elements can be removed or replaced, is present in Thermonator, Inc.'s patent (US20160058084A1) for cooling elements. A PHOSITA would readily understand that if cooling elements can be made removable and placed in pouches, then protective inserts could similarly be made removable and placed in pouches for customization, cleaning, or replacement of damaged inserts.
• The placement of these inserts in "pouches attached to an outer surface" of the headband, while not explicitly stated in all prior art for protective inserts, is an obvious design choice for holding removable or replaceable elements in a headband (as demonstrated by Thermonator, Inc. with cooling elements). Making the headband an "open top" design is also a common feature of headbands for comfort and style, as acknowledged in US10681946B2 itself.

Therefore, combining the general concept of a protective headband, the teaching of protective inserts, and the known design principle of using pouches for removable elements would render Claim 1 obvious.

Independent Claim 16: "A protective headgear comprising: a headband configured to fit around a head of a person, the headband having an outer surface configured to receive a detachable pouch; 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."

Potential Combination for Obviousness of Claim 16:

• US8789212B2 (Robert E. Cleva) - Protective athletic headwear with open top: This patent describes protective athletic headwear, which serves as a foundational reference for the headband itself.
• US20160058084A1 (Thermonator, Inc.) - Athletic headband with removable cooling elements: This patent is highly relevant as it explicitly teaches an athletic headband with removable elements (cooling elements) and describes methods for their attachment and detachment. These elements are functionally similar to protective inserts in terms of being removable and providing a function within the headband. The detachable nature of the pouches themselves, or the elements within them, is directly taught here.
• US8739316B1 (No Problem, Inc.) - Protective headgear and inserts: This patent clearly teaches the use of protective inserts within headgear.

Motivation for Combination:

A PHOSITA would be motivated to combine these references to achieve a protective headband with easily interchangeable protective elements.

• Given Cleva's protective athletic headwear (US8789212B2), a PHOSITA would look for ways to make the protective elements more adaptable.
• Thermonator, Inc.'s headband (US20160058084A1) demonstrates the practicality and desirability of having removable components (even if for cooling) within a headband via pouches. The mechanism for detachment (e.g., VELCRO, tape, light glue, as mentioned in US10681946B2) is well-known in the art.
• Knowing that protective inserts exist for headgear (No Problem, Inc., US8739316B1), it would be an obvious design choice for a PHOSITA to combine the "detachable element in a pouch" concept from Thermonator, Inc. with the "protective insert" concept from No Problem, Inc. This combination would allow for customization of protection based on activity, injury, or wear, and ease of cleaning or replacement, fulfilling a clear need in the art.

Independent Claim 19: "A protective headgear comprising: a headband configured to fit around a head of a person, the headband having an outer surface configured to receive detachable protective inserts; 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."

Potential Combination for Obviousness of Claim 19:

• US8739316B1 (No Problem, Inc.) - Protective headgear and inserts: This patent explicitly teaches protective headgear with inserts.
• US20160058084A1 (Thermonator, Inc.) - Athletic headband with removable cooling elements: This reference teaches an athletic headband with removable elements. The mechanism for "detachable" attachment (e.g., VELCRO, tape, light glue) is well-known in the art and described in US10681946B2 as suitable for direct attachment.
• US6000062A (Trakh; Maz) - Protective headband for soccer players: This patent provides the context of a protective headband designed for active use.

Motivation for Combination:

A PHOSITA would be motivated to combine these references to provide a protective headband with directly attached, configurable protective elements.

• Starting with the concept of protective headgear with inserts (No Problem, Inc., US8739316B1), a PHOSITA would naturally consider how to make these inserts more adaptable or user-friendly.
• Thermonator, Inc.'s patent (US20160058084A1) clearly demonstrates the concept of "removable" or "detachable" elements directly attached to a headband (in that case, cooling elements). The methods of attachment (e.g., VELCRO, tape, light glue) are explicitly mentioned in US10681946B2 as means for direct attachment of inserts.
• The desire for strategic placement of protection, as discussed in the background of US10681946B2, would motivate a PHOSITA to allow for multiple, individually detachable inserts at different locations on the headband, rather than a single fixed protective element. This allows athletes to customize protection based on the sport or their specific needs (e.g., a soccer player only needing a frontal insert).
• The ability to detach inserts would also be motivated by the desire for ease of cleaning, replacement of damaged inserts, or adjusting the level of protection.

Therefore, the combination of a headband with protective inserts, where the inserts are made detachable and positioned at various locations, would be obvious to a PHOSITA based on the prior art.

US Patent 10,681,946, titled "Headband with protective insert," has several related applications and a projected expiration date.

Patent Term Adjustments (PTA) and Extensions (PTE)

The Google Patents legal status section indicates "Anticipated expiration: 2036-04-07". However, it does not explicitly detail any Patent Term Adjustments (PTA) or Patent Term Extensions (PTE). PTA is granted to compensate for certain delays during patent prosecution by the USPTO, while PTE relates to delays due to regulatory review periods. To confirm the exact PTA, a direct review of the patent's file wrapper on the USPTO website would be necessary, as the USPTO does not calculate expiration dates for patents itself but provides tools for estimation.

Continuation and Divisional Applications

US Patent 10,681,946 is identified as a continuation of U.S. patent application Ser. No. 15/093,464, which itself claims priority to U.S. provisional patent application Ser. No. 62/147,437, filed April 14, 2015.

The patent family information reveals several related applications:

• Priority Applications:
  • US16/133,136 (this patent, US10681946B2) filed September 17, 2018, claims priority to April 14, 2015.
  • US16/880,873 (US11627771B2) filed May 21, 2020, claims priority to April 14, 2015.
  • US18/193,102 (US12016408B2) filed March 30, 2023, claims priority to April 14, 2015.
  • US18/736,294 (US12550958B2) filed June 6, 2024, claims priority to April 14, 2015.
• Applications Claiming Priority (from the original provisional application):
  • US201562147437P filed April 14, 2015.
  • US15/093,464 (US10080394B2) filed April 7, 2016.
  • US16/133,136 (US10681946B2) filed September 17, 2018.
• Related Parent Application:
  • US15/093,464 (US10080394B2) filed April 7, 2016, is a continuation of this patent.
• Related Child Application:
  • US16/880,873 (US11627771B2) filed May 21, 2020, is a continuation.

This indicates a series of continuation applications originating from the provisional application filed on April 14, 2015.

Related Family Members

The "Family Applications" section lists the following active applications:

• US15/093,464 (US10080394B2)
• US16/133,136 (US10681946B2 - the patent in question)
• US16/880,873 (US11627771B2)
• US18/193,102 (US12016408B2)
• US18/736,294 (US12550958B2)

These are all active applications stemming from the same priority date.

Projected Expiration Date

The Google Patents record for US10681946B2 indicates an "Anticipated expiration" date of 2036-04-07. A utility patent generally has a term that expires 20 years from its effective filing date, which for continuation applications is the filing date of the earliest application to which it claims priority under 35 U.S.C. § 120, § 121, § 365(c), or § 386(c). In this case, the earliest priority date is April 14, 2015, from the provisional application Ser. No. 62/147,437.

Calculating 20 years from the priority date of April 14, 2015, leads to an expiration date of April 14, 2035. However, the anticipated expiration date provided by Google Patents is April 7, 2036. This difference suggests that there has been a Patent Term Adjustment (PTA) applied to the patent, extending its term beyond the standard 20 years from the earliest priority date. Without access to the specific PTA calculation from the USPTO file history, the exact reason for the additional adjustment cannot be determined, but it is typically granted for delays caused by the USPTO during prosecution.