I don't mean to speak for Opty, but the ignorant (me) would conclude that since it apparently appears that the examiner had no other suggestions for amendments in 11/23 filing, that the concern you mention (from March) has probably been overcome via prior exchange between the examiner and the patent owner (our team). Put another way, if there were still an issue here, the examiner should have suggested other/additional language to overcome the concern OR suggested deletion of the subject claim. Hopefully my conclusion (in admitted ignorance) is the case, and this concern is behind us. But a logical conclusion isn't always the correct conclusion....

A further conclusion I reach based on Opty's fine work is that if the only suggestion for amendment from what is already agreed merely reverts claim 9 back to its original wording, our team's response should come fast and easy. Likewise, with our response agreeing to the undoing of amended claim 9, the only outstanding issue it would appear, the examiner's work should be virtually done (recognizing there are more steps in the process yet to be completed, e.g., the examiners review with superiors/peers).

Please enlighten the ignorant if leaping to too many conclusions.

SGE