this isn't the first rejection,it is the 3rd or 4th going on 5 years this fall. After the 3rd rejection they filed an appeal and did an RCE. Link below is a good read for those interested. Not sure what route ACTC takes next. I am not suggesting it won't ever happen, it was just an update.
rumit: not sure it will,jmo.
Request for Continued Examination (RCE) The second type of response to a final rejection that is considered fully responsive is a RCE. An RCE is a type of continuing application. The RCE allows the applicant to file a second application to keep the prosecution of the first parent application alive after it has received a final rejection. The RCE application stays with the same Examiner that was reviewing the parent application and keeps the same serial number, yet the final rejection of the first parent application is removed. RCE's can be thought of as simply paying an additional fee to buy another full examination of the application. A potential problem with RCE applications is that they stay with the same Examiner who will often repeat the same arguments without being receptive to new arguments. http://www.invention-protection.com/ip/publications/docs/Final_Rejection_of_a_Patent_Application_What_to_Do.html
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