Obviousness

Obviousness Analysis of US Patent 11,627,771 under 35 U.S.C. § 103

This analysis identifies combinations of prior art references that would render the claims of US Patent 11,627,771 obvious to a person having ordinary skill in the art (PHOSITA), along with the motivations for such combinations. The analysis relies on the prior art cited within the patent document itself. The priority date for US11627771B2 is April 14, 2015.

Claim 1 Obviousness Analysis

Claim 1: A protective headgear comprising: a headband configured to fit around a head of a person, the headband having a plurality of pouches attached to an outer surface of the headband; and a plurality of protective inserts enclosed within the plurality of pouches respectively.

• Prior Art Combination: US6349416B1 (Soccordocs) in view of US10021926B2 (Thermonator).

• Teachings of Soccordocs (US6349416B1): This patent discloses a "headguard-protective sports headband" comprising an elastic headband and "a plurality of pads attached to at least the front portion and the rear portion of the elastic headband." Crucially, it describes "pockets formed within the headband structure...for removably retaining the pads." This reference clearly teaches a headband, a plurality of protective pads (inserts), and pockets (pouches) for retaining these pads within the headband.

• Teachings of Thermonator (US10021926B2): This patent describes an "athletic headband with removable cooling elements." The headband includes "pockets formed on the headband" for retaining these cooling elements. Figures 1 and 2 of Thermonator illustrate pockets that appear to be on the outer or easily accessible surface of the headband for practical removal and insertion of elements.

• Motivation to Combine: A PHOSITA, seeking to improve the protective headband of Soccordocs by enhancing the accessibility, customization, or replacement of the protective inserts, would be motivated to adapt the external or easily accessible pocket design shown in Thermonator. It is a well-known design principle in athletic and wearable gear to place elements requiring frequent access or customization in externally accessible pouches. This allows for quick maintenance, replacement, or modification of the inserts, and can also contribute to wearer comfort by keeping attachment mechanisms away from the skin. Furthermore, external pouches offer visible surfaces for branding or aesthetic display, which is a common commercial motivation in sports apparel. Therefore, combining the protective headband with internal pockets and inserts from Soccordocs with the concept of externally accessible pockets on an athletic headband from Thermonator would be an obvious design choice to achieve a more user-friendly and versatile protective headband.

Dependent Claims Obviousness Analysis

Claim 2: The protective headgear of claim 1, wherein the protective inserts are corrugated.

• Prior Art/Motivation: The detailed description of US11627771 itself acknowledges that inserts "for more flexibility upon impact, may be perforated at one or more locations..., segmented, corrugated, or otherwise constructed of multiple pieces." Corrugation is a widely recognized mechanical design feature used across various industries to enhance flexibility, increase surface area, and/or improve energy absorption in materials. A PHOSITA designing protective inserts for headgear would be motivated to use a corrugated structure to improve the flexibility and/or impact absorption characteristics of the inserts, as this is a predictable application of a known engineering principle to achieve known benefits.

Claim 3: The protective headgear of claim 1, wherein the headband comprises a top portion having a pouch attached to an outer surface of the top portion, the protective headgear further comprising a protective insert enclosed within the pouch attached to the outer surface of the top portion.

• Prior Art Combination: Claim 1 (as found obvious above) in view of US4646367A (Hassen Moulaye Ould El).

• Teachings of Hassen Moulaye Ould El (US4646367A): This patent discloses a "Tumbling cap" which is a form of head protection that covers both the band-like area around the head and the top portion of the head.

• Motivation to Combine: A PHOSITA, desiring to provide more comprehensive head protection than a simple headband offers, would be motivated to combine the protective headband of Claim 1 with a known head covering that includes a top portion for protection, such as the tumbling cap taught by Hassen Moulaye Ould El. Once the decision is made to include a top portion for protection, it would be an obvious extension to apply the same concept of outer pouches with protective inserts (already found obvious in Claim 1) to this new top portion. The motivation is to provide localized impact protection to the crown area, leveraging the established benefits of outer pouches for customization, comfort, and accessibility.

Claim 4: The protective headgear of claim 3, wherein the pouch attached to the outer surface of the top portion is permanently attached.

• Prior Art/Motivation: The detailed description of US11627771 explicitly states that "Pouches 15 may be permanently attached to the outer or inner surface of the headband 5 (e.g., by sewing)." Permanent attachment, typically achieved by sewing or strong adhesives, is a standard and well-known manufacturing technique for securely integrating components into textile articles. A PHOSITA would be motivated to permanently attach the pouch on the top portion of the headband (as described in Claim 3) to ensure durability, fixed positioning of the protective insert, and to prevent accidental detachment during strenuous activity, particularly in protective gear.

Claim 5: The protective headgear of claim 4, wherein the pouch attached to the outer surface of the top portion is sewn closed.

• Prior Art/Motivation: The detailed description of US11627771 notes that inserts "may even be permanently attached to the headband such as by being sewn in to the headband directly or by being enclosed in sewn closed pouches." Sewing closed a pouch is a common and straightforward method to permanently and securely enclose an item within it, preventing its loss or shifting. A PHOSITA would be motivated to sew closed the permanently attached pouch (from Claim 4) to ensure the protective insert is completely enclosed and secured within the top portion, providing maximum retention and preventing displacement during use. This is a standard and predictable manufacturing decision for a permanently secured protective element.

Claim 6: The protective headgear of claim 3, wherein the plurality of protective inserts are corrugated and the protective insert enclosed within the pouch attached to the outer surface of the top portion is corrugated.

• Prior Art/Motivation: This claim combines the features of corrugated inserts (Claim 2) with a top portion including a protective insert (Claim 3). If it is obvious to incorporate corrugated inserts for flexibility and impact absorption in the headband portion (as discussed for Claim 2), it would be an obvious design choice for a PHOSITA to apply the same beneficial feature to the protective insert in the top portion of the headgear (as introduced in Claim 3). The motivation is to consistently enhance the protective qualities (flexibility and shock absorption) across all areas of the headgear where inserts are present.

Claim 7: The protective headgear of claim 1, wherein at least one of the plurality of pouches is detachable from the headband.

• Prior Art: US4698852A (Romero) discloses a "head guard for soccer player" including a headband with "a plurality of pads (12) detachably secured to the headband by means of VELCRO strips."
• Motivation: Romero explicitly teaches the detachability of protective elements from a headband. The detailed description of US11627771 further elaborates on the advantages of detachability, such as allowing for "quick maintenance, replacement, repair, and even alternating use of graphics for various occasions." These are well-known motivations in the design of athletic and wearable items. A PHOSITA would be motivated to make at least one of the pouches in Claim 1 detachable to provide these known benefits of customization, maintenance, and replacement.

Claim 8: The protective headgear of claim 3, wherein the pouch attached to the outer surface of the top portion of the headband is detachable from the top portion of the headband.

• Prior Art/Motivation: This claim is rendered obvious by combining the concept of the headband with a top portion (Claim 3) with the motivation for detachability (as supported by Romero and general design principles from Claim 7). If detachability offers advantages for pouches on the side/front of the headband, it would be equally beneficial for a pouch on the top portion for the same reasons, such as easy replacement, cleaning, or customization of the top protective insert.

Claim 9: The protective headgear of claim 1, wherein at least one of the protective inserts is curved to substantially conform to the shape of a corresponding portion of the head of the person against which the insert will lie within the corresponding pouch when the headband is fit around the head of the person.

• Prior Art/Motivation: The detailed description of US11627771 notes: "Each insert 10 may be substantially flat, or may be curved (i.e., have a degree of concavity) to substantially conform to the shape of the corresponding portion of the athlete's head against which the insert 10 will lie." Conforming to the wearer's body shape is a fundamental ergonomic and functional design principle for any wearable item, especially protective gear. It ensures a snug fit, maximizes comfort, and optimizes the protective area. Many prior art protective headbands, such as Soccordocs (US6349416B1), implicitly or explicitly illustrate pads or inserts that conform to the head's curvature. A PHOSITA would understand the inherent benefit and would be motivated to shape protective inserts to conform to the contours of the head for optimal fit, comfort, and protective efficacy.

Claim 10: The protective headgear of claim 1, wherein the protective inserts are aerated.

• Prior Art/Motivation: The detailed description of US11627771 explicitly states that "The inserts 10 may be aerated as shown at 25 in FIG. 3 B , to allow for easier evaporation of sweat." Aeration (e.g., perforations, breathable materials) is a widely known and commonly implemented feature in athletic apparel and headgear to improve breathability, wick away moisture, and enhance wearer comfort by facilitating sweat evaporation and heat dissipation. A PHOSITA, aiming to improve wearer comfort and hygiene during athletic activity, would be motivated to apply known aeration techniques to the protective inserts of Claim 1. This is a predictable application of a known technology for a known problem in athletic wear.

Claims 11-20: These claims append "wherein the plurality of pouches are sewn closed" to claims 2-10, respectively.

• Prior Art/Motivation: The detailed description of US11627771 states that inserts "may even be permanently attached to the headband such as by being sewn in to the headband directly or by being enclosed in sewn closed pouches." Sewing closed a pouch is a standard and well-understood manufacturing method for permanently and securely enclosing an item within it. For any of the preceding claims where permanent enclosure (rather than detachability) of the inserts is desired, a PHOSITA would be motivated to use the conventional method of sewing closed the pouches to ensure the inserts remain securely in place and prevent displacement during strenuous activity, thus rendering these claims obvious.