Not to rain on your parade, but we HAVE had final actions go against us. The '336 received a Final Rejection on 3/17/2009. I think the '584 had the same.

My take on what was presented by Henneman is that the next likely action is yet another Final Rejection to which at that point, he'll respond showing the flaws in the PTO's ruling and getting an agreement to issue yet another NIRC down the road after that.

As each progressive challenge is successfully fought, there will be progressively less grounds on which it can be challenged, as you point out. The risk to us, now nearly 3 years after the process started, is do the patent lives out live the challenges in a way that allows successful monetization.