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?

  • Welcome to SE Ask Patents. The reference you gave is difficult to follow. Do you have a number that looks something like this: 20120016857? A quick answer is that if the publication you are proposing as prior was published more than a year before the filing date of the patent application it may qualify as prior art by date. The question then becomes whether the proposed prior art teaches or discloses the same material that is claimed in the application. – user96 Sep 24 '12 at 22:31
  • James, Before you get started, can you have a look at the guidelines for prior art questions: What should an ideal prior art request look like? Perhaps add a bit of background information and some details about the patent. A title like "Is this prior art?" is much less likely get the help you need. Then feel free to 'flag' your question for moderator attention to be re-opened. Thanks. – Robert Cartaino Sep 24 '12 at 22:33
  • 1
    @RobertCartaino A 1-rep user can't flag posts. I've added the minimum information (patent link, claim text). – Gilles Sep 24 '12 at 23:58

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:

enter image description here

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).

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