Patent 11627771
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
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Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
Most Relevant Prior Art for US Patent 11,627,771
As a technical patent analyst, I have examined the prior art cited in US Patent 11,627,771 to identify the most relevant references. The following analysis focuses on patents that appear to anticipate elements of the independent claim (Claim 1) under 35 U.S.C. § 102, which defines novelty. Claim 1 describes a protective headgear comprising a headband with a plurality of pouches attached to its outer surface, and a plurality of protective inserts enclosed within these pouches.
Here's an analysis of the cited prior art:
Prior Art Cited by Examiner
The following patents were cited by the patent examiner during the prosecution of US 11,627,771.
US 4,277,847 A to Estrada (Publication Date: July 14, 1981)
- Full Citation: US 4,277,847 A
- Publication/Filing Date: April 1, 1980 (Filing) / July 14, 1981 (Publication)
- Brief Description: This patent describes a headband for joggers. While the title suggests a general headband, further details would be needed to determine if it incorporates protective inserts within pouches or if it's merely a sweatband.
- Potential Anticipation of Claim(s): Without a more detailed description of the interior structure, it's difficult to definitively assess anticipation. If it describes a headband with pockets for inserts, it could potentially anticipate Claim 1.
US 4,698,852 A to Romero Lazarito A (Publication Date: October 13, 1987)
- Full Citation: US 4,698,852 A
- Publication/Filing Date: August 4, 1986 (Filing) / October 13, 1987 (Publication)
- Brief Description: This patent describes a head guard for soccer players. This is highly relevant as it explicitly addresses protective headgear for sports. If this head guard is a headband with pouches and inserts, it could be a strong anticipating reference.
- Potential Anticipation of Claim(s): Likely to anticipate Claim 1 if the "head guard" takes the form of a headband with discrete protective inserts housed in pouches on its outer surface.
US 4,947,488 A to Ashinoff Leslie A (Publication Date: August 14, 1990)
- Full Citation: US 4,947,488 A
- Publication/Filing Date: February 6, 1990 (Filing) / August 14, 1990 (Publication)
- Brief Description: This patent describes a forehead guard. The specificity to a "forehead guard" suggests a protective element. Whether it's integrated into a headband with pouches and removable inserts, as claimed in US 11,627,771, would be crucial for determining anticipation.
- Potential Anticipation of Claim(s): Potentially anticipates Claim 1 if the forehead guard is embodied as a headband with a pouch containing a protective insert.
US 5,946,734 A to Vogan; Richard B. (Publication Date: September 7, 1999)
- Full Citation: US 5,946,734 A
- Publication/Filing Date: April 15, 1997 (Filing) / September 7, 1999 (Publication)
- Brief Description: This patent describes a "Head protector apparatus". The broad title suggests potential relevance. The key for anticipation would be if this apparatus is a headband with specific pouches and inserts.
- Potential Anticipation of Claim(s): Could anticipate Claim 1 if the "head protector apparatus" details a headband structure with a plurality of pouches holding protective inserts.
US 5,963,989 A to Robertson; Donald R. (Publication Date: October 12, 1999)
- Full Citation: US 5,963,989 A
- Publication/Filing Date: July 27, 1998 (Filing) / October 12, 1999 (Publication)
- Brief Description: This patent describes a "Soccer headband". Similar to US 4,698,852 A, this is highly relevant due to its direct application to protective headgear in sports. It would need to include the specific features of pouches and inserts to anticipate Claim 1.
- Potential Anticipation of Claim(s): Strong potential to anticipate Claim 1 if the soccer headband is constructed with multiple pouches on its outer surface, each containing a protective insert.
US 6,000,062 A to Trakh; Maz (Publication Date: December 14, 1999)
- Full Citation: US 6,000,062 A
- Publication/Filing Date: October 14, 1997 (Filing) / December 14, 1999 (Publication)
- Brief Description: This patent describes a "Protective headband for soccer players". This is another very strong reference due to its explicit title. The details of its construction regarding pouches and inserts would be critical.
- Potential Anticipation of Claim(s): High potential to anticipate Claim 1 if it discloses a headband with pouches on its outer surface, specifically designed to house protective inserts.
US 6,266,826 B1 to Alfano; Graciela G. (Publication Date: July 31, 2001)
- Full Citation: US 6,266,826 B1
- Publication/Filing Date: September 15, 2000 (Filing) / July 31, 2001 (Publication)
- Brief Description: This patent describes a "Protective head device". The general nature of the title necessitates a deeper dive into the patent's specifics.
- Potential Anticipation of Claim(s): Could anticipate Claim 1 if the "protective head device" is a headband with pouches on the outer surface and removable protective inserts.
US 6,349,416 B1 to Soccordocs, Inc. (Publication Date: February 26, 2002)
- Full Citation: US 6,349,416 B1
- Publication/Filing Date: July 23, 1999 (Filing) / February 26, 2002 (Publication)
- Brief Description: This patent describes a "Headguard-protective sports headband". The title is highly relevant. If it details a headband with pouches on its outer surface containing protective inserts, it would likely anticipate Claim 1.
- Potential Anticipation of Claim(s): Very likely to anticipate Claim 1 if the headguard is a headband with the claimed features of pouches and inserts.
US 6,397,399 B1 to Soccerdocs Inc. (Publication Date: June 4, 2002)
- Full Citation: US 6,397,399 B1
- Publication/Filing Date: August 23, 1999 (Filing) / June 4, 2002 (Publication)
- Brief Description: This patent describes a "Protective headguard". Similar to US 6,349,416 B1, the direct relevance to protective headgear is clear. The key is the specific construction.
- Potential Anticipation of Claim(s): Similar to the above, very likely to anticipate Claim 1 if the protective headguard is structured as a headband with pouches on its outer surface and protective inserts within them.
US 6,427,253 B1 to Penny; Jacqueline (Publication Date: August 6, 2002)
- Full Citation: US 6,427,253 B1
- Publication/Filing Date: March 21, 2001 (Filing) / August 6, 2002 (Publication)
- Brief Description: This patent describes "Protective headgear comprising a headband and a semi-rigid support to protect a back region of a user's head". This reference explicitly mentions a "headband" and "protective headgear" with a "semi-rigid support." The specific location (back region) and the "semi-rigid support" could be interpreted as a type of insert. The question is whether this support is enclosed in a pouch attached to the outer surface, and if there are multiple such elements.
- Potential Anticipation of Claim(s): Potentially anticipates elements of Claim 1, particularly the headband and protective element. If the "semi-rigid support" is enclosed in a pouch on the outer surface, and the claim of "plurality of pouches" is not strictly interpreted, this could be highly relevant.
US 6,438,761 B1 to Mcgarrity Sean (Publication Date: August 27, 2002)
- Full Citation: US 6,438,761 B1
- Publication/Filing Date: September 13, 2001 (Filing) / August 27, 2002 (Publication)
- Brief Description: This patent describes a "Protective headband for heading a ball". This is another strong contender due to its specific application and use of the term "protective headband."
- Potential Anticipation of Claim(s): High potential to anticipate Claim 1 if it includes a headband with multiple pouches on its outer surface, each containing a protective insert for impact protection during heading.
US 6,493,881 B1 to Picotte; Brooke (Publication Date: December 17, 2002)
- Full Citation: US 6,493,881 B1
- Publication/Filing Date: August 7, 2001 (Filing) / December 17, 2002 (Publication)
- Brief Description: This patent describes a "Head protector for infants and small children". This implies protection for a head, which could involve inserts.
- Potential Anticipation of Claim(s): Potentially anticipates Claim 1 if the head protector is structured as a headband with pouches containing protective inserts. The target user (infants) does not negate its potential as prior art for the structural elements.
US 2005/0193477 A1 to Penny; Martin (Publication Date: September 8, 2005)
- Full Citation: US 2005/0193477 A1
- Publication/Filing Date: March 21, 2001 (Filing) / September 8, 2005 (Publication)
- Brief Description: This patent application describes "Protective headgear". This is a broad term, but as a continuation of US 6,427,253 B1, it is expected to further develop the concept of a headband with a semi-rigid support. The key would be the specific embodiment of multiple pouches and inserts on the outer surface of a headband.
- Potential Anticipation of Claim(s): Likely to anticipate elements of Claim 1, especially if it explicitly describes a plurality of pouches on the outer surface of a headband, each with a protective insert.
US 8,087,101 B2 to Ferguson; James Riddell (Publication Date: January 3, 2012)
- Full Citation: US 8,087,101 B2
- Publication/Filing Date: January 19, 2007 (Filing) / January 3, 2012 (Publication)
- Brief Description: This patent describes "Impact shock absorbing material". This reference is less about the headgear structure itself and more about the material of the inserts. While important for the function of the inserts, it does not directly describe the headband-pouch-insert configuration of Claim 1.
- Potential Anticipation of Claim(s): Does not directly anticipate Claim 1's structural elements, but may be relevant for the characteristics of the "protective inserts" in terms of material composition, if Claim 1 were to be challenged on the novelty of the insert material.
US 8,613,114 B1 to 2nd Skull, LLC (Publication Date: December 24, 2013)
- Full Citation: US 8,613,114 B1
- Publication/Filing Date: July 25, 2012 (Filing) / December 24, 2013 (Publication)
- Brief Description: This patent describes a "Head guard". Given the assignee "2nd Skull, LLC", it likely pertains to protective headgear, potentially worn under helmets. The specific structure (headband, pouches, inserts) would need to be present to anticipate Claim 1.
- Potential Anticipation of Claim(s): Strong potential to anticipate Claim 1 if it discloses a head guard configured as a headband with pouches on the outer surface containing protective inserts.
US 8,739,316 B1 to No Problem, Inc. (Publication Date: June 3, 2014)
- Full Citation: US 8,739,316 B1
- Publication/Filing Date: June 9, 2010 (Filing) / June 3, 2014 (Publication)
- Brief Description: This patent describes "Protective headgear and inserts". This title is highly suggestive of the claimed invention. The crucial element would be whether the "protective headgear" is a headband, and if the "inserts" are housed in pouches on its outer surface.
- Potential Anticipation of Claim(s): Very likely to anticipate Claim 1 if the protective headgear includes a headband with pouches on its outer surface for protective inserts.
US 8,789,212 B2 to Cleva; Robert E. (Publication Date: July 29, 2014)
- Full Citation: US 8,789,212 B2
- Publication/Filing Date: September 13, 2011 (Filing) / July 29, 2014 (Publication)
- Brief Description: This patent describes "Protective athletic headwear with open top". This title indicates headwear designed for athletics and protection. The "open top" suggests a headband-like structure. The presence of pouches on the outer surface containing protective inserts would lead to anticipation.
- Potential Anticipation of Claim(s): High potential to anticipate Claim 1 if it details an athletic headband with outer pouches containing protective inserts.
US 10,080,394 B2 to Johnston; Shane Michael (Publication Date: September 25, 2018)
- Full Citation: US 10,080,394 B2
- Publication/Filing Date: April 14, 2015 (Priority Date) / April 7, 2016 (Filing) / September 25, 2018 (Publication)
- Brief Description: This patent is titled "Headband with protective insert" and is by the same inventor as US 11,627,771. It is explicitly identified as a parent application. This means US 10,080,394 B2 describes an earlier version or continuation of the same invention. It is highly likely to contain the core elements of Claim 1 of US 11,627,771, as the later patent is a continuation.
- Potential Anticipation of Claim(s): This patent is a direct predecessor (continuation) of the patent being analyzed. Therefore, it is highly likely to anticipate all claims of US 11,627,771 under 35 U.S.C. § 102(e) as prior art "by another" based on its earlier filing date, provided the claims in US 11,627,771 are not patentably distinct from what was disclosed in US 10,080,394 B2. The description in US 11,627,771 states: "The present application is a continuation of, and claims priority under 35 U.S.C. § 120 to, U.S. patent application Ser. No. 16/133,136, filed Sep. 17, 2018 (now allowed), which is a continuation of U.S. patent application Ser. No. 15/093,464, filed Apr. 7, 2016 (now U.S. Pat. No. 10,080,394), which claims priority under 35 U.S.C. § 119 to U.S. provisional patent application Ser. No. 62/147,437, filed Apr. 14, 2015." This confirms its status as prior art.
US 10,681,946 B2 to Johnston; Shane Michael (Publication Date: June 16, 2020)
- Full Citation: US 10,681,946 B2
- Publication/Filing Date: September 17, 2018 (Filing) / June 16, 2020 (Publication)
- Brief Description: This patent is also titled "Headband with protective insert" and is by the same inventor. It is another continuation in the family.
- Potential Anticipation of Claim(s): Similar to US 10,080,394 B2, this is a direct predecessor (continuation) and thus likely anticipates all claims of US 11,627,771 under 35 U.S.C. § 102(e) due to its earlier filing date, provided the claims in US 11,627,771 are not patentably distinct from what was disclosed in US 10,681,946 B2.
US 2022/0339064 A1 to Akbar; Abdullah Farhad (Publication Date: October 27, 2022)
- Full Citation: US 2022/0339064 A1
- Publication/Filing Date: April 26, 2021 (Filing) / October 27, 2022 (Publication)
- Brief Description: This patent application describes an "Acupressure Headband Apparatus". While it is a headband, and it is an "apparatus," the "acupressure" aspect suggests a different primary function than impact protection. However, if the acupressure elements are implemented as "inserts" within "pouches" on the "outer surface" of a headband, it could be relevant.
- Potential Anticipation of Claim(s): Potentially anticipates Claim 1 if the "acupressure headband apparatus" structurally includes a headband with pouches on its outer surface, housing inserts, even if the function of those inserts differs. The structural arrangement could be anticipatory.
Prior Art Cited by Third Party
The following patents were cited by a third party.
US 4,646,367 A to Moulaye Ould El Hassen (Publication Date: March 3, 1987)
- Full Citation: US 4,646,367 A
- Publication/Filing Date: January 10, 1985 (Filing) / March 3, 1987 (Publication)
- Brief Description: This patent describes a "Tumbling cap". A tumbling cap is a form of protective headgear. Whether it's a headband with pouches and inserts, or a different type of protective cap, would determine its relevance.
- Potential Anticipation of Claim(s): Could anticipate Claim 1 if the "tumbling cap" incorporates a headband with pouches on its outer surface, enclosing protective inserts.
US 4,910,804 A to Sport Exclusive E.H. Ab (Publication Date: March 27, 1990)
- Full Citation: US 4,910,804 A
- Publication/Filing Date: December 11, 1986 (Filing) / March 27, 1990 (Publication)
- Brief Description: This patent describes a "Head guard and method for making same". This is broadly relevant to protective headgear. Its specific construction would determine anticipation.
- Potential Anticipation of Claim(s): Potentially anticipates Claim 1 if the "head guard" is a headband with pouches on its outer surface, each containing a protective insert.
US 6,554,787 B1 to Griffin; Brand N. (Publication Date: April 29, 2003)
- Full Citation: US 6,554,787 B1
- Publication/Filing Date: August 30, 1999 (Filing) / April 29, 2003 (Publication)
- Brief Description: This patent describes a "Headband for treatment of headaches". While a headband, its primary function is different (headache treatment). However, if the "treatment" involves inserts within pouches, the structural elements could be anticipatory.
- Potential Anticipation of Claim(s): Potentially anticipates Claim 1 if the headband for headache treatment uses inserts within pouches on its outer surface, regardless of the inserts' therapeutic function.
Overall Assessment of Most Relevant Prior Art:
The most relevant prior art references are those that explicitly or implicitly disclose a headband with protective inserts, especially those where the inserts are housed in pouches. Patents by the same inventor (Shane Michael Johnston), specifically US 10,080,394 B2 and US 10,681,946 B2, are particularly strong anticipatory references for all claims of US 11,627,771 under 35 U.S.C. § 102(e) due to their status as parent applications with earlier filing dates.
Other highly relevant references that warrant close examination for potential anticipation of Claim 1 include those explicitly describing "protective headbands" or "head guards" for sports, such as:
- US 4,698,852 A (Romero Lazarito A): "Head guard for soccer player"
- US 5,963,989 A (Robertson; Donald R.): "Soccer headband"
- US 6,000,062 A (Trakh; Maz): "Protective headband for soccer players"
- US 6,349,416 B1 (Soccordocs, Inc.): "Headguard-protective sports headband"
- US 6,397,399 B1 (Soccerdocs Inc.): "Protective headguard"
- US 6,438,761 B1 (Mcgarrity Sean): "Protective headband for heading a ball"
- US 8,739,316 B1 (No Problem, Inc.): "Protective headgear and inserts"
- US 8,789,212 B2 (Cleva; Robert E.): "Protective athletic headwear with open top"
The degree of anticipation by these references depends on whether their detailed descriptions and drawings clearly show the specific configuration of 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," as specified in Claim 1 of US 11,627,771.
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