The 02/23/2010 OA date signifies that TPL didn't use their option of submitting a statement by 01/14/2010 regarding the determination to grant the reex on 11/14/2009. The "Date forwarded to examiner" was due approx. 6 weeks after TPL's optional right to respond expired. See Flow Chart
http://www.uspto.gov/web/offices/pac/mpep/documents/2200_2201.htm
GLTAL