Prior art for preparation of functionalized zeolitic frameworks

Question

Patent #US20100186588| "PREPARATION OF FUNCTIONALIZED ZEOLITIC FRAMEWORKS", filed Jul 16, 2008, is for the preparation of functionalized zeolitic frameworks. Here is its claim 1:

1. A zeolitic framework, comprising the general structure:

a plurality of the structure M-L-M, wherein M comprises a transition metal and L is a linking moiety, wherein the framework is selected from the group consisting of:

(a) M-L-M, wherein L comprises structure III; and

(b) M-L-M, wherein at least one L is structure III and at least one other L is structure I, II or a combination thereof:

wherein A can be either C or N, wherein R5-R8 are present when A1 and A4 comprise C, wherein R1, R4 or R9 comprise a non-sterically hindering group that does not interfere with M, wherein R2, R3, R5, R8, R10, R11, R12 are each individually an alkyl, halo-cyano-nitro-, wherein when the linking moiety comprises structure III, R10, R11 and R12 are each individually electron withdrawing groups, and wherein one of R6 and R7 comprise an electron withdrawing group.

I saw the earlier article The Silica-Like Extended Polymorphism of Cobalt(II) Imidazolate Three-Dimensional Frameworks: X-ray Single-Crystal Structures and Magnetic Properties. Is it prior art for this patent?

Answer 1

U.S. Patent Application 12/669,616 is the national phase of International Patent Appplication PCT/US08/70149 filed on July 16, 2008, which claims priority to U.S. Provisional Application 60/950,295 filed on July 17, 2007. Therefore, the effective U.S. filing date of U.S. 12/669,616 is July 17, 2007.

The journal article you reference ("The Silica-Like Extended...") appears to have an online publication date of Nov 18, 2003, and a printed publication date of Nov 21, 2003.

In any event, the journal article was published more than one year prior to the effective U.S. filing date of the '616 application, such that the journal article is prior art to the '616 application under 35 USC 102(b).

As for the content of the journal article and whether the subject matter disclosed therein is relevant to the subjet matter recited in the claims of the '616 application, it is difficult to tell based solely on the abstract. However, I'll do my best to address this question.

The '616 application claims a zeolitic framework minimally having the structure M-L-M, in which M is a transition metal, and L at the very least can be the structure III shown below:

The variables in Structure III are as defined above in James Smith's question (and also in the claims of the '616 application). Structure III appears to be an imidazolate-type structure.

The abstract of the journal article discloses cobalt(II) imidazolate frameworks which can have a zeolitic structure. Cobalt(II) is a transition metal.

Therefore, it would appear that the journal article is relevant to the subject matter claimed in the '616 application, but to be sure, the full journal article would need to be reviewed (and not just the abstract).