Prosecution Insights
Last updated: October 02, 2026
Application No. 17/728,394

FLEXIBLE VARIABLE LISTINGS SEARCH

Non-Final OA §112
Filed
Apr 25, 2022
Priority
May 21, 2021 — provisional 63/191,670
Examiner
NGUYEN, LOAN T
Art Unit
2165
Tech Center
2100 — Computer Architecture & Software
Assignee
Airbnb Inc.
OA Round
6 (Non-Final)
65%
Grant Probability
Moderate
6-7
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
226 granted / 350 resolved
+9.6% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
19 currently pending
Career history
383
Total Applications
across all art units

Statute-Specific Performance

§101
20.6%
-19.4% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 350 resolved cases

Office Action

§112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to the amendment filed on 07/31/2026. Status of claims: Claims 35-39 are newly added. Claims 2-5, 7, 10-13, 15, 18-20, 23, 25-29 are canceled. Claims 1, 6, 8-9, 14, 16-17, 21-22, 24 and 30-39 are amended and pending for examination. Information Disclosure Statement The information disclosure statement (IDS) filed on 9/10/2025 and 07/31/2026 comply with the provisions of M.P.E.P 609. It has been placed in the application file. The information referred to therein has been considered as to the merits. Remarks This office action is in response to the amendment filed on 07/31/2026. Applicant Applicants' arguments with respect to the amended claims have been considered in view of the new ground(s) of rejection necessitated by amendment. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 6, 8-9, 14, 16-17, 21-22, 24 and 30-39 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. - Claims 1, 9 and 17 recite the amended limitations “rewriting..…, wherein rewriting the listing request query into multiple rewritten queries further comprises converting the listing request query into an embeddings space of an embedding neural network trained on listing request query embeddings and wherein the multiple rewritten queries are identified as nearest embeddings in the embeddings space; generating approximate search results…; ranking listings of the approximate search results…”. which render the claims indefinite because the claims provide no guidance to how the steps of converting the listing request query into an embeddings space and the multiple rewritten queries are identified as nearest embeddings in the embeddings space are identified and processed. The applicant is required for clarification/correction. “generating approximate search results…”. which renders the claim indefinite because the claims provide no guidance as to how the steps of generating approximate search results are determined and performed/processed. The applicant is required for clarification/correction. “ranking listings of the approximate search results…”. which renders the claim indefinite because the claims provide no guidance as to how the step of ranking listings are identified and performed/processed. - All dependent claims are rejected for incorporating the deficiency of their respective based claims. Applicant is reminded that although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims (See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Allowable Subject Matter Claims 1, 6, 8-9, 14, 16-17, 21-22, 24 and 30-39 would be allowable if rewritten to overcome the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejections set forth in this office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Loan T. Nguyen whose telephone number is (571) 270-3103. The examiner can normally be reached on Monday from 10:00 am - 6:00 pm, Thursday-Friday from 10:00 am - 2:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aleksandr Kerzhner can be reached on (571) 270-1760. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4103. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 09/18/2026 /LOAN T NGUYEN/Examiner, Art Unit 2165
Read full office action

Prosecution Timeline

Show 13 earlier events
Nov 05, 2025
Notice of Allowance
Nov 05, 2025
Response after Non-Final Action
Dec 09, 2025
Response after Non-Final Action
May 11, 2026
Non-Final Rejection mailed — §112
Jul 30, 2026
Applicant Interview (Telephonic)
Jul 31, 2026
Response Filed
Aug 03, 2026
Examiner Interview Summary
Sep 22, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12632425
HYBRID APPROACH FOR MEASURING STATISTICAL DRIFT AND DATA QUALITY ON LARGE DATASETS
3y 3m to grant Granted May 19, 2026
Patent 12602364
Scalable Object Storage
6y 0m to grant Granted Apr 14, 2026
Patent 12536370
ARBITRARY SIZE CONTENT ITEM GENERATION
2y 8m to grant Granted Jan 27, 2026
Patent 12517792
PROVIDING STATUS OF DATA STORAGE OPERATIONS WITHIN AN INFORMATION MANAGEMENT SYSTEM
4y 1m to grant Granted Jan 06, 2026
Patent 12517952
SEMI-STRUCTURED DATA DECOMPOSITION
3y 4m to grant Granted Jan 06, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

6-7
Expected OA Rounds
65%
Grant Probability
88%
With Interview (+23.7%)
3y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 350 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month