DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions Applicant’s election of species a (claims 1-2, 4, 6-9, 12, 15, 19 and 26) in the reply filed on 10/21/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Examiner notes that Applicant stated in the response of 10/21/2025 that claims 35-36 , 39 and 54 are generic to the elected species. However, Examiner notes that these claims are not generic to the elected species as they do not form a single general inventive concept and further, Applicant did not state that a traversal was made . As previously indicated in the Restriction of 08/03/2025 claims 35-36 and 39 are not generic to the elected species as they do not form a single general inventive concept. Claims 35-36 , 39-40 , and 54 and 55 (which depend from 39 and 40, respectively) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1 -2, 6-9 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lachenbruch (US 2003/010991 0 ). Regarding claim 1, Lachenbruch discloses a cooling article ( 10 ) (Fig. 2 ; [0006]; cooling of the skin is accomplished by an envelope containing phase change materials ) comprising: a thermally conductive layer ( 17 ) ( [0064], envelope encloses the PCM-containing carrier 19 ; [0006], cooling or warming of the skin is accomplished by means of an envelope containing specific phase change materials distributed in a gel or viscous fluid carrier ; [0066], the temperature of the envelope will not exceed the phase change temperature thus it is imp l ied that the envelope is thermally conductive as th e warmth or coolness of the phase change material must pass through the envelope in order to cool or warm the user) ; and a heat absorbing layer ( 18, 20 ) ( [003 5 ]; [0038], [0039], [0052], [0036], the phase change material fo the cooling gloves and pads phase has a melting point thus it is heat absorbing ; [0073], the carrier absorbs microwave energy ) comprising a phase change material ( 20 ) having a phase change temperature greater than 0 °C ([003 6 ] , between 10 and 6 degrees centigr a de ) . Regarding claim 2, Lachenb ruch discloses the invention as described above. Lachenbruch further discloses wherein the phase change material is in a flowable form at temperatures above and below the phase change temperature ([0036]; [0049]; suspended in a gel or viscous fluid ; [0036], it is possible to mi x warming and coolin g phase change materials in the carrier in a glove or pad that can be heated or cooled as desired; [0036], for cooling gloves and pads the phase change temperature is between 10 and 6 degrees and for warming the phase change temperature is between 42 and 65 degrees Centigrade; [0071] , The phase change material must maintain distribution within the carrier through a plurality of hot or cold cycles ; NOTE: it is implied that as the carrier maintains distribution of the phase change material that it is flowable and in a glove/article with mixed warming and cooling phase change materials and it is implied that as the carrier maintains distribution such that the gel or viscous fluid is flowable that it maintains distribution above the phase change temperature [6-10 degrees as explained above] of the cooling phase change material when warming and below the temperature of the warming phase [between 42 and 65 degrees as explained above] change material when cooling). Regarding claim 6, Lachenbruch discloses the invention as described above with regard to claim 1. Lachenbruch further discloses wherein the heat absorbing layer comprises two or more phase change materials having different phase change temperatures ([0036], Importantly, it is also possible to mix warming and cooling phase change materials in the carrier ). Regarding claim 7, Lachenbruch discloses the invention as described above with regard to claim 1. Lachenbruch further discloses wherein the heat absorbing layer comprises 200 g or less of the phase change material ( [0049], the envelope contains between about 50 and about 250 grams of the phase change material and some of these values e.g. values 200 or less fall within the claimed range. Regarding claim 8, Lachenbruch discloses the invention as described above with regard to claim 1. Lachenbruch further discloses wherein the phase change material is encapsulated ([0053], the phase change material may be encapsulated). Regarding claim 9, Lachenbruch discloses the invention as described above with regard to claim 1. Lachenbruch further discloses wherein the phase change material is embedded in a thermally conductive material comprising a gel (19) ([0035], gel or viscous carrier) , a grease, a paste, a porous ceramic, a porous mineral, or a soft elastomer. Regarding claim 12, Lachenbruch discloses the invention as described above with regard to claim 1. Lachenbruch further discloses wherein the thermally conductive layer comprises stainless steel, thermally conductive polymer ([0068], urethane film is a polymer and [0051], the carrier warms the urethane film envelop thus evidencing it is thermally conductive) , metalized textile fiber, silver, silver alloy, copper, copper alloy, aluminum, aluminum alloy 3003, Al-Ni-La alloy, tinned copper filament, boron nitride, or a combination thereof. Claim(s) 1 , 15 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pensak (US 20 20/0329702 ). Regarding claim 1, Pensak discloses a cooling article ( garment, [0077]; [0085], enclosure may be a pouch ; [0077], enclosures [which may be a pouch] are within a garment or medical device like a cast or bandage ) comprising: a thermally conductive layer (124) ([0085]; all three layers may be made of thermally conductive materials) ; and a heat absorbing layer ([0062], PCM undergoes melting and absorbing thermal energy]) comprising a phase change material ([0085], pouches contain P CM 205 ; [0017], phase change material is PCM ) having a phase change temperature greater than 0 °C ([0017], 5 to 10 degrees CELCIUS ; [0063] , cooling temperatures around or slightly above the freezing temperature of water e.g. −2° C. to 10° C some values of which are greater than 0 ) . Regarding claim 15, Pensak discloses the invention as described above with regard to claim 1. Pensak further discloses an inner layer having a contact surface constructed to be placed against a subject to be cooled ([0086], enclosure containing PCM is applied to a body part e.g. treating muscles and a surface of the enclosure is a contract surface configured to be placed against a subject to be cooled ) , the inner layer comprising a thermally conductive material ([0085], all three layers may be thermally conductive and thus so is the inner layer). Regarding claim 19, Pensak discloses the invention as described above with regard to claim 1. Pensak further discloses wherein the phase change material is disposed within a packet ([0078], enclosures are in the shape of a pouch) , where in the packet may be selectively removed from the cooling article ([0098], the jacket has pockets sized to allow for the insertion of PCM warmers that can be replaced; capable of intended use) Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 4 , 6 , 52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pensak (US 2020/0329702) as applied to claim 1 above. Regarding claim 4, Pensak discloses the invention as described above with regard to claim 1 . Pens a k further discloses wherein the heat absorbing layer has a cooling capacity ([0077], a thermal consistency device can be used providing cooling temperatures [draws heat away from an area] and thus has a cooling capacity) when cooled to below the phase change temperature ( [0082], PCM placed in an environment below the melting temperature to allow the PCM to solidify [thus cooled below the phase change temperature which is for example a melting temperature around 0 degrees ] capable of intended use) . Pensak further discloses various PCMS are used based on the predetermined temperature range desired for the particular thermal support ([0069]). Pensak does not explicitly disclose wherein the heat absorbing layer has a cooling capacity of 100 kJ or less . However, i t would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the heat absorbing layer of Pensak that is cooled to below the phase change temperature has a cooling capacity of 100 kJ or less as Applicant has appeared to place no criticality on the claimed range (Applicant’s specification, page 32, line 20 to page 33, line 2 recites that the heat absorbing layer may have a cooling capacity of more than 100 kJ, 100 kJ or less, 80 kJ or less, 60 kJ or less, or 40 kJ or less. For example, the heat absorbing layer may have a cooling capacity of 10 kJ to 100 kJ, 10 kJ to 40 kJ, or from 30 kJ to 80 kJ and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller , 220, F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 6, Pensak discloses the invention as described above with regard to claim 1. Pensak in an embodiment of Fig. 2 does not disclose wherein the heat absorbing layer comprises two or more phase change materials having different phase change temperatures- Pensak in an embodiment of Fig. 3, teaches an analogous cooling article (300) (Fig. 3; [0088]; [0089]) having an analogous heat absorbing layer (305, 310) ( [0094]; [0089], has PCMs therefore, capable of intended use) wherein the heat absorbing layer comprises two or more phase change materials having different phase change temperatures ( [0094]; [0088], at least two enclosures/alternating enclosures with different PCMs with differing melting temperatures). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the heat absorbing layer of the cooling article of Pensak in a first embodiment comprises two or more phase change materials having different phase change temperatures, as taught by Pensak in a second embodiment, in order to provide an improved cooling article that facilitates maintaining the thermal support of an object for a longer period of time ( Pensak , [0089]). Regarding claim 52, Pensak discloses the invention as described above with regard to claim 6 . Pensak further discloses wherein the heat absorbing layer comprises a first phase change material having a phase change temperature in a range of -12 °C to 5 °C and a second phase change material having a phase change temperature greater than the first phase change material and in a range of 5 °C to 15 °C ( [0088], [0089], alternating PCMS have two different melting temperatures [thus tw o different phase change temperatures as a melting temperature is a phase change temperature ] ; [0086], T he predetermined temperature range may be from about −5° C. to about 25° C., preferably from about 0° C. to about 20° C., more preferably from about 1° C and 10° C , most preferably from about 2° C. to about 6° C ; NOTE: thus one enclosure may have a range of about 1° C. and 10° C [ values of which fall within the first range of -12 °C to 5 °C ] and a second enclosure may have a range of 0° C. to about 20° C [ values of which fall within the second range of 5 °C to 15 °C ] and which values 11-20 degrees are greater than the first range of 1° C. and 10° C ; [0094]; Thus, in some embodiments, a thermal consistency system having at least one set of two PCM enclosures with melting temperatures of about 1° C [which value falls within the first claimed range] and about 5-6° C [and which values fall within the second claimed range and which values are greater than the first range] ). Further , it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that wherein the heat absorbing layer comprises a first phase change material having a phase change temperature in a range of -12 °C to 5 °C and a second phase change material having a phase change temperature greater than the first phase change material and in a range of 5 °C to 15 ° as Applicant has appeared to place no criticality on the claimed ranges (Applicant’s specification at page 13, lines 13-25 recites this range is merely is one embodiment ) and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller , 220, F. 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pensak (US 2020/0329702) as applied to claim 1 above, in view of Spring s (US 2004/0031246). Regarding claim 26, Pensak discloses the invention as described above with regard to claim 1. Pensak further discloses a heat absorbing region (0086], enclosure containing PCM is applied to a body part e.g. treating muscles and a region of the pouch/enclosure that is placed against a subject to be cooled is a heat absorbing region); an inner layer (250) (annotated Fig. 2B below ) forming a contact surface with the limb ([0086 ; [0085]; one of the layers is in contact with a limb ; capable of intended use ) ; an outer layer ([0086]; [0087], a layer on an outer side opposed to the side not in contact with a limb) ; and wherein the phase change material (205) (annotated Fig. 2B) is disposed within the heat absorbing region between the inner layer and the outer layer ( annotated Fig. 2B) , the phase change material being flowable at temperatures below and above the phase change temperature ([0088], In some embodiments, a thermal consistency system comprises at least one first enclosure containing a PCM having a melting temperature within 5° C. of the predetermined temperature, preferably within 3-4° C. of the predetermined temperature, most preferably within 2° C. of the predetermined temperature ; NOTE: the predetermined temperature is the phase change temperature and the PCM melts within for example 5 degrees of the phase change temperature and thus is flowable at temperatures below and above the phase change temperature). Pensak does not disclose a sleeve constructed to be applied to a limb, the sleeve comprising: a dorsal region positionable adjacent a dorsal aspect of the limb; a palmar/plantar region positionable adjacent a palmar/plantar aspect of the limb; a medial region positionable adjacent a medial aspect of the limb; a lateral region positionable adjacent a lateral aspect of the limb;a heat absorbing region that is present in one or more of the palmar/ plantar,medial , and lateral regions. Spring s teaches an analogous cooling article (12) ([0019] ; Abstract, lessen heat buildup ) further comprising a sleeve (Fig. 2; F ig . 1) constructed to be applied to a limb (16) (Fig. 1)( [0009]; [0022] to [0027]) , the sleeve comprising: a dorsal region (Fig. 1 ; anterior part of wrap on the anterior part of the limb ) positionable adjacent a dorsal aspect of the limb (Fig. 1, anterior part of limb ; capable of intended use ) ; a palmar/plantar region (Fig. 1 ; region adjacent dorsal aspect of the limb ) positionable adjacent a palmar/plantar aspect of the limb ([0022]); Fig. 1 ; palmar/ plantar aspect of horse’s limb is the angle of the coffin bone relative to the ground of the hind leg and as the sleeve covers the dorsal region [and other regions of the leg ] as seen in Fig. 1 it is capable of intended use ) ; a medial region positionable adjacent a medial aspect of the limb ([0024]; sleeve applied to a medial side ; capable of intended use ) ; a lateral region positionable adjacent a lateral aspect of the limb (sleeve applied to a lateral side) ; a heat absorbing region (10) ([0027], is maintains a cool temperature and avoids heat buildup problems) that is present in one or more of the palmar/plantar, medial, and lateral regions (Fig . 1, capable of intended use) . It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the cooling article of Pensak is further comprising a sleeve constructed to be applied to a limb, the sleeve comprising: a dorsal region positionable adjacent a dorsal aspect of the limb; a palmar/plantar region positionable adjacent a palmar/plantar aspect of the limb; a medial region positionable adjacent a medial aspect of the limb; a lateral region positionable adjacent a lateral aspect of the limb; a heat absorbing region that is present in one or more of the palmar/plantar, medial, and lateral regions , as taught by Springs, in order to provide an improved cooling article that facilitates elimination of heat buildup in a horse’s leg (Springs, [0002]). Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pensak (US 2020/0329702) as applied to claim 1 5 above, in view of Buckley (US 6319599 ). Regarding claim 53, Pensak discloses the invention as described above with regard to claim 1 5 . Pensak does not disclose wherein the contact surface comprises a plurality of spacers or protrusions extending from an inner surface of the cooling article, the plurality of spacers comprising a thermally conductive material, wherein the plurality of spacers or protrusions comprise ridges, loops, or fibers forming a thermal velvet . Buckley teach es a multilayer composite material containing a PCM layer (col. 4, lines 36-40) comprising an analogous contact surface ( col. 4, lines, 50-67, layer C skin has skin contact) wherein the contact surface comprises a plurality of spacers or protrusions extending from an inner surface of the cooling article, the plurality of spacers comprising a thermally conductive material, wherein the plurality of spacers or protrusions comprise ridges, loops, or fibers forming a thermal velvet (Applicant’s specification at page 20, line 28 to page 21, line 16 recites, t he protrusions are fibers that create the contact surface of the inner layer in the form of a velvet-like structure, referred to as a thermal velvet. The fibers may be made of a thermally conductive material, such as carbon or a composite of a polymer and a thermally conductive filler. NOTE: Buckley at col. 4, lin e s 50- 6 7 recites For this purpose, layer C can be made to include fiber s or films of thermally conductive material to provide a thermally conductive pathway between the PCM and the skin of the wearer and as Applicant’s specification recites that a velvet-like structure that has fibers made of a thermally conductive material is a thermal velvet, Buckley teaches a thermal velvet as its contact surface has thermally conductive fibers). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the contact surface of the cooling article of Pensak comprises a plurality of spacers or protrusions extending from an inner surface of the cooling article, the plurality of spacers comprising a thermally conductive material, wherein the plurality of spacers or protrusions comprise ridges, loops, or fibers forming a thermal velvet , as taught by Buckley, in order to provide an improved cooling article that facilitates the rate of heat exchange (Buckley, col. 4, lines 50-67). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT GINA MCCARTHY whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (408)918-7594 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday, 7:00-3:30 PT . 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