NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Ling-Temco-Vought, Incorporated CONTRACT: P.O. 3664-1, Awarded under Prime Contract NAS 9-3632 with Marshall Laboratories with Marshall Laboratories INVENTION: Momentum Transducer Section 1245.106, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Competition in Field--Alternative Devices as Negating Possibility of Preference or Dominance--Waiver as Effective Incentive--Ballistic Measuring Instruments--Momentum Transducer--PETITION GRANTED meteoroid momentum measurement. Therefore, the invention is not related to a Governmental program which would create, develop, or improve items of the invention type for use by the general public. SECTION 1245.106(b)(2). There are no known Governmental regulations that concern momentum transducer apparatus of the general type involved in the present invention, and it cannot be foreseen that any such regulations will be promulgated in the future. FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Ling-Temco-Vought, Inc., is a contractor of the National Aeronautics and Space Administration, under P. O. 3664-1, awarded under Prime Contract NAS 9-3632 with Marshall Laboratories. The petition was made for waiver of title of the United States in an invention entitled "Momentum Transducer," described in an attachment to the petition. The invention was made by Bobby R. Beavers and Norman J. Meyer, employees of the Petitioner, in the performance of work required under the aboveidentified contract, and in the manner specified in Section 305(a) of the National Aeronautics and Space Act of 1958, as determined by the Administrator. The petition was considered by the Inventions and Contributions Board on December 7, 1966. The Board, having duly considered the al- SECTION 1245.106(b)(1). The invention relates to a momentum transducer that measures the momentum of an impacting projectile. The invention was planned as part of the ALSEP (Apollo Lunar Surface Experiments Package) program of the Government, and was intended to be used only on the Lunar surface, specifically for SECTION 1245.106(b)(3). The measurement of the momentum of meteoroids impacting on the Lunar surface by the momentum transducer of the present invention is obviously unrelated to the public health or public welfare. SECTION 1245.106(b)(4). The field of technology of the present invention is considered to be that of ballistic measuring instruments. While the Petitioner itself has not submitted sufficient information tending to show that there has been significant experience in the field outside of work funded by the Government, the NASA technical evaluator supports such a finding, by stating that the invention field has been well-developed, and that there has been significant privately-funded experience in the field with respect to commercial rifles, guns, and other weapons, to determine the characteristics of the projectile by numer ous instrument manufacturers. Moreover, the evaluator notes that, while the Government has funded much of the ballistic measuring instrument field with respect to hypervelocity weapons, much of the development of low-velocity weapons such as commercial guns has been privately-funded. Furthermore, since the present invention relates to only a minute part of the field of ballistic measuring instruments, considerable competition is recognized as existing in the field, and there are many other ways of performing the same measurements, it is considered that acquisition of exclusive rights would not confer on the Petitioner a preferred or dominant position. The Board further expressly finds, as required by Section 1245,106(c), that, in view of the Petitioner's indication of specific plans and intentions to proceed with the requisite further invention development, if waiver is granted, and its expressed unwillingness to make the expenditures necessary to practice the invention, if waiver is not granted, it is considered that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. In support of a favorable finding under this subsection, the Petitioner asserts that further design work is required, to make the invention suitable for specific commercial applications. In addition, Petitioner indicates actual company plans to perform both a market survey and the additional work needed to develop the invention and its functional packaging into a commercially available/off-the-shelf item. Furthermore, the Petitioner notes that, although it intends to practice the invention itself, through a subsidiary corporation with longestablished and extensive technical and manufacturing capabilities in developing inventions of the present type, in the absence of the grant of waiver it cannot justify the expense of marketing surveys, design, and tooling necessary further to develop the invention. On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the interests of the United States would best be served by waiving title under Section 1245.106 of the NASA Patent Waiver Regulations of June 1, 1966, and therefore RECOMMENDS THE GRANT OF THE PETITION. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Honeywell, Inc CONTRACT: INVENTION: P.O. 3-50010, Awarded Under Prime Contract NAS 9-1100 With Grumman Aircraft Rotational Control for Controlling Reaction Jets on a Space Vehicle Section 1245.106, NASA Patent Waiver Regulations (1966)--Government Funding v. Private Funding--Competition in Field-- Possibility of Preference or Dominance--Waiver as Effective Incentive--Control Apparatus--Rotational Control for Controlling Reaction Jets on a Space Vehicle-- PETITION DENIED planned for use on all Lunar Modules, Lunar Module Simulators, and Lunar Module Research Vehicles, all of which are directly related to a Governmental program for manned lunar exploration. The Board is not aware of any Government program for creating, developing, or improving products, such as the invention, for use by the general public. FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Honeywell, Inc., is a contractor of the National Aeronautics and Space Administration, under P.O. 3-50010, awarded under Prime Contract NAS 9-1100 with Grumman Aircraft Engineering Corp. The petition was made for waiver of title of the United States in an invention entitled "Rotational Control for Controlling Reaction Jets on a Space Vehicle," described in an attachment to the petition. The invention was made by Don P. Miller, an employee of the Petitioner, in the performance of work required under the above-identified contract, and in the manner specified in Section 305(a) of the National Aeronautics and Space Act of 1958, as determined by the Administrator. The petition was considered by the Inventions and Contributions Board on November 3, 1966. The Board, having duly considered the allegations and claims of the above-identified petition, expressly makes the findings required under Section 1245.106(b) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference), and concludes that the invention does not fall within the enumerated proscriptions of the cited Section. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection. SECTION 1245.106(b)(1). The invention relates to a single "stick" attitude controller with which an operator can control the movement of a vehicle about three respective perpendicular axes (the pitch, yaw, and roll axes). This controller is currently SECTION 1245.106(b)(2). No known Gov- SECTION 1245.106(b)(3). The invention re- which resulted from privately financed efforts without known Governmental funding. Therefore, even though it is recognized that the Government has expended large sums in this area for the development of particular controllers, e. g., controllers for spacecraft, it is concluded from the information submitted by Petitioner, and from information within the knowledge of the technical evaluator, that there has been significant experience in the field of manoperated controllers outside of work funded by the Government. Furthermore, there are several companies, other than Petitioner, that are active in the present field of technology, e. g., Bendix Corp., General Electric Co., Sperry Gyroscope Co., Hughes Aircraft Co., and many others. Each of the above-mentioned companies owns patents that disclose similar control apparatus. In view of the highly advanced and competitive state of this art, the grant to Petitioner of exclusive commercial rights in the present invention would not give Petitioner a preferred or dominant position in the present field of technology. However, the Board further expressly finds that, although waiver of title is not proscribed by Section 1245.106(b), it is precluded by the Petitioner's failure to meet the requirements of Section 1245.106(c), since the Petitioner has failed to submit any evidence whatsoever as to its actual plans and intentions for bringing the invention to the point of practical application at the earliest practicable date. In the absence of a showing of such plans and intentions, the Board is unable to find that waiver of title to the subject invention would be an effective incentive, as required by this Section. On the basis of all the above-enumerated findings, the Inventions and Contributions Board concludes that the best interests of the United States would not be served by waiving title under Section 1245.106 of the NASA Patent Waiver Regulations of June 1, 1966, and therefore RECOMMENDS THE DENIAL OF THE PETITION. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: California Institute of Technology CONTRACT: NAS 7-100 Section 1245.106, NASA Patent Waiver Regulations (1966)-- Incidental Commercial Utility-Government Funding v. Private Funding--Government as Principal Developer of Field-Competition in Field--Possibility of Preference or Dominance--Waiver as Effective Incentive--Soil Testers--Geological Investigation-Soil Penetrometer--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, California Institute of Technology, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 7-100. The petition was made for waiver of title of the United States in an invention entitled "Soil Penetrometer," described in an attachment to the petition. The invention was made by Robert P. Bryson, Earle A. Howard, and George M. Holz, employees of the Petitioner, in the performance of work required under the above-identified contract, and in the manner specified in Section 305(a) of the National Aeronautics and Space Act of 1958, as determined by the Administrator. The petition was considered by the Inventions and Contributions Board on January 24, 1967. The Board, having duly considered the allegations and claims of the aboveidentified petition, expressly makes the findings required under Section 1245.106(b) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference), and concludes that the invention does not fall within the enumerated proscriptions of the cited Section. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection. SECTION 1245.106(b)(1). The present invention relates to a soil penetrometer of the type that includes means for drilling an opening in a body of soil, while simultaneously obtaining certain data relating to subsurface soil conditions, such as soil strength and soil density. Although the invention may be employed on Earth, it resulted from work done under the Surveyor Lander Project, NASA Prime Contract NAS 7-100, the objective of which included scientific observations and measurements of the lunar surface. Therefore, the invention is intended solely for use by the Government in its Space Program, and not for use by the general public. SECTION 1245.106(b)(2). Since the invention relates to a soil penetrometer for use on the lunar surface, it appears obvious that the Government will not require its use by the public by Governmental regulations. SECTION 1245.106(b)(3). The instant invention involves a soil penetrometer, the principal purpose of which is to conduct tests to determine soil characteristics, such as soil strength and density, at depths heretofore unachievable through the use of those penetrometers with a capability for acquiring required data, while simultaneously drilling the necessary opening or hole in the body of the soil being investigated. Hence, the invention is not directly related to the public health or public welfare. SECTION 1245.106(b)(4). The field of technology of the invention is soil testers; such devices are generally well-known, particularly in those areas relating to geological investigation. Such areas include the construction industry, for example, roads, dams, and buildings, where the characteristics and conditions of the soil's subsurface are important. Also, devices of this type are often employed in the mining industry, for the purpose of testing and determining the characteristics of the subsurface. A |