It is unlikely that the Examiner will allow claim 9 after the final Office Action. The Examiner normally does not accept arguments after a final Office Action. A common option at this point is to arrange a telephone interview with the Examiner, discussing claim 9. If an agreement can be reached, then claim 9 or amended claim 9 can be allowed with claims 1-8. Otherwise, place claims 1-8 in an allowed condition and cancel claim 9 in the repose to the final Office Action. If claim 9 is broad and the client wanted to further prosecute it, then file a continuation to prosecute claim 9 and any new claims.
Note that as long as a final response placing the application in an allowed condition is filed within six months from the mailing date of the final Office Action, with extension fees paid, a patent having at least claims 1-8 can be granted. |