Obviousness

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.