Invalidity dossier

US 11627771

Headband with protective insert

Current assignee: Shane Michael Johnston

Added 4/27/2026, 7:39:19 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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Patent Analyst Report: US 11,627,771

Date of Analysis: April 26, 2026

This report provides a concise summary of United States Patent 11,627,771, including its key bibliographic details and a plain-language overview of its independent claims.

Bibliographic Information:

  • Title: Headband with protective insert
  • Assignee: Individual
  • Inventor: Shane Michael Johnston
  • Filing Date: May 21, 2020
  • Issue Date: April 18, 2023
  • Abstract: "A headband with 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:

An independent claim represents the broadest definition of the invention. US Patent 11,627,771 contains one independent claim.

  • Claim 1: This claim describes a piece of protective headgear. In simple terms, it consists of a basic headband designed to fit around a person's head. Attached to the outside of this headband are multiple pouches, and inside each of these pouches is a protective insert.

A search of the dockets for the Court of Appeals for the Federal Circuit (CAFC) for 2026 did not yield any specific information regarding litigation or appeals related to US Patent 11,627,771. This does not definitively mean no such actions exist, but none were readily identifiable in the public dockets searched.

Generated 5/1/2026, 10:51:11 PM

Cases on file (1)

Group view →

Specific litigation cases in our database that name US patent 11627771. 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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A search for litigation involving US Patent 11,627,771 across various patent litigation resources, including Unified Patents, CAFC, and PACER, did not yield any specific results for this patent number. Therefore, no known litigation cases for US Patent 11,627,771 were identified as of April 26, 2026.

Generated 5/31/2026, 12:48:53 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

The USPTO ODP API indicates no AIA trial proceedings on file for US Patent 11,627,771. A comprehensive web search for Inter Partes Review (IPR), Post-Grant Review (PGR), or Covered Business Method (CBM) proceedings related to this patent also did not yield any results.

Strategic summary

As of the current date, May 31, 2026, there is no PTAB activity on file for US Patent 11,627,771. This means that all claims (1-20) of the patent remain untested in an AIA trial proceeding. Consequently, there is no history of claims being canceled or sustained by the PTAB for this patent, and no estoppel has been created under 35 U.S.C. § 315(e)(2).

Recommended next steps

No PTAB activity exists for US Patent 11,627,771. Therefore, if facing an assertion of this patent, a potential defendant has all prior-art grounds available for a possible IPR or PGR challenge, provided the statutory timing requirements for filing such petitions are met.

Generated 5/31/2026, 12:48:52 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

  • Shane Michael Johnston: Employer not specified in the patent. The patent lists "Individual" as the original assignee, implying the inventor is also the original owner.

Original assignee

The original assignee is listed as an "Individual" on the patent, which corresponds to the inventor, Shane Michael Johnston. The patent describes a "Headband with protective insert" for sporting activities, suggesting the potential for product development. Based on publicly available information, it is unclear whether Shane Michael Johnston (as an individual) currently ships a product embodying the claims or what their primary line of business or current status (operating, acquired, dissolved, in bankruptcy) is beyond being the inventor and original owner.

Assignment timeline

A search of the USPTO Assignment Center (https://assignmentcenter.uspto.gov/) for patent number US11627771 shows no recorded assignments for this patent. This indicates that the ownership of the patent remains with the original assignee, the individual inventor Shane Michael Johnston, as of the current date.

Timeline diagram

timeline
    title Ownership of US 11627771
    2020 : Filed by Shane Michael Johnston
    2023 : Issued to Shane Michael Johnston

NPE / troll-pattern signals

  1. Shell-entity transferNot present. There is no recorded transfer from the individual inventor to any entity, shell or otherwise.
  2. Known asserter in the chainNot present. The patent remains with the individual inventor, and no known asserters appear in the ownership history.
  3. Repeat correspondent across the chainNot present. No assignment records exist, therefore no correspondent information is available to identify recurrence.
  4. Cascading transfersNot present. No assignment records exist.
  5. Pre-litigation transferNot present. No assignment records exist, and no litigation has been identified in previous sections of the report.
  6. Bankruptcy fire-saleNot present. There is no indication of the original assignee undergoing bankruptcy or a fire-sale of the patent.
  7. PrivateeringNot present. No evidence of privateering, as no transfers have been recorded.
  8. Defensive aggregator (anti-NPE)Not present. The patent remains with the individual inventor and has not been acquired by any defensive aggregator.

Verdict

Insufficient data. There are no recorded assignments for US Patent 11627771 in the USPTO Assignment Center. This means that ownership appears to remain with the individual inventor, Shane Michael Johnston, as originally issued. Without any transfer records, it is not possible to identify any NPE/troll-pattern signals.

USPTO Assignment Center search for US11627771: https://assignmentcenter.uspto.gov/ (Search by patent number 11627771)

Generated 5/31/2026, 12:49:03 AM

Prior art

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

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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.

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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.

  1. 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.
  2. 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.
  3. 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.

Generated 5/31/2026, 12:49:25 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 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.

Generated 5/31/2026, 12:49:50 AM

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