NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Union Carbide Corporation, Consumer Products Division REQUEST FOR PROPOSAL: RFP 716-89017/235 Developing and Testing Secondary Metal Oxygen Cells for Spacecraft Section 1245.104, NASA Patent Waiver Regulations (1966)--Incidental Commercial Utility--Possibility of Government Requirement for Public Use--Government Funding v. Private Funding--Possibility of Preference or Dominance--Technical Competence of Petitioner--Patent Position of Petitioner--Established Nongovernmental Commercial Position--Electrochemical Power Systems--Developing and Testing Secondary Metal Oxygen Cells for Spacecraft Applications--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: The Board, having duly considered the allegations and claims of the petition, expressly makes the findings required under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.104 of the cited Regulations, and therefore RECOMMENDS THE GRANT OF THE PETITION. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection of Section 1245.104(a). SECTION 1245.104(a)(1). A principal purpose of the proposed contract is the design and testing of improved zinc-oxygen cells that are to find application as secondary power sources in space vehicles. Although inventions arising out of this proposed contract may have utility as an auxiliary power source in commercial equipment, such utility is only incidental to the work to be performed under the proposed contract. It is not considered that there is any likelihood that any such invention would be required for use by any segment of the general public. Neither the purpose of the proposed contract, nor the work to be performed thereunder, involves the creation, development, or improvement of products, processes, or methods that are intended for use by, or required by governmental regulations for, the general public. SECTION 1245.104(a)(2). The field to be explored by the Petitioner is electrochemical power systems. Particularly, the development is for the design of improved zinc-oxygen cells that are to meet specified physical and operational requirements, so that they can be used as a secondary power source in space vehicles. There is no direct relationship between a field of this type and the public health or public welfare. SECTION 1245.104(a)(3). The pertinent field of science or technology involved in the proposed contract is that of electrochemical power systems. Petitioner indicates that the major portion of its efforts has been in nongovernmental applications, and that the following firms have also made significant financial investments and technical contributions in the commercial area of the field of electrochemical power systems: Le Carbone Company; Electric Storage Battery Company; Servel, Inc.; Eagle-Picher Company; Yardney Electric Corporation; GouldNational, Inc.; Gulton Industries; General Electric Company; P. R. Mallory; and Sonotone Corporation. Therefore, it can readily be observed that this minor contractual effort of approximately $28,000 would not put Union Carbide Corporation in a dominant or preferential position, merely through acquiring exclusive rights in inventions to be made under the proposed contract. SECTION 1245.104(a)(4). The entire work under the proposed contract is to be performed by the Petitioner with the use of its own labor and facilities exclusively, and without directing the efforts of others. SECTION 1245.104(a)(5). The purpose of the proposed contract is to build upon existing knowledge in the field of electrochemical power systems, particularly metal-oxygen cells, to produce a zinc-oxygen cell suitable for use by NASA in space vehicles for space exploration. SECTION 1245.104(a)(6). The Petitioner alleges that for over 35 years it has been actively engaged in the R&D of electrochemical power systems; that it has many years of experience in metal-oxygen power systems (being a leader and supplier of such items for industry); and that it is a leading supplier of EVEREADY Air Cells having nongovernmental applications, specifically for communications and railroad signal systems. The proposed contractor holds many patents and patent applications relating to electrochemical power systems, and has submitted copies of a few of these patents and copies of papers presented by its personnel at meetings and conferences relating to electrochemical power systems. These various documents, and comments in the Company's Annual Report for 1964 (furnished by Union Carbide Corp.), demonstrate that Union Carbide Corp., in the field of electrochemical power systems, has acquired technical competence directly related to an area in which the Company has an established nongovernmental commercial position. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Development of a Process for Economically Applying Integral Glass Cover Section 1245.104, NASA Patent Waiver Regulations (1966)-- Possibility of Government Requirement for Public Use--Competition in Field--Government Funding v. Private Funding--Possibility of Preference or Dominance--Advance Over Existing Knowledge or Technology--Technical Competence of Petitioner--Patent Position--Established Nongovernmental Commercial Position--Integral Coatings--Development of a Process for Economically Applying Integral Glass Cover Slips on Solar Cells--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Ion Physics Corporation, is a prospective contractor of the National Aeronautics and Space Administration, under RFP 71689290/235. The petition was submitted to NASA prior to contract execution for consideration of waiver of title of the United States to all inventions that may be made under the above-identified RFP, and was considered by the Inventions and Contributions Board on June 14, 1966. The Board, having duly considered the allegations and claims of the petition, expressly makes the findings required under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.104 of the cited Regulations, and therefore RECOMMENDS THE GRANT OF THE PETITION. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection of Section 1245.104(a). SECTION 1245.104(a)(1). A principal purpose of the proposed contract is the performance of R&D which will permit the incorporation of a glass integral cover slip on solar cells, so that the combination will be light in weight, UV radiation resistant, and relatively inexpensive. Such a combination is required for, and will find application as, a supplemental source of power for space vehicles. Although inventions arising out of this effort may possibly have commercial utility, it is not considered that there is any likelihood that any such inventions would be required for use by any segment of the general public. Neither the purpose of the proposed contract nor the work being performed thereunder involves the creation, development, or improvement of products, processes, or methods that are intended for use by the general public. SECTION 1245.104(a)(2). The field to be explored by the prospective Contractor relates to the deposition of a highly adherent coating of one material on another to form an integral protective coating. Particularly, the development is for an integral glass coating for solar cells that will permit the solar cell to be utilized as a source of energy in space exploration. There is no direct relationship between a field of this type and public health or public welfare. SECTION 1245.104(a)(3). The pertinent field of science or technology involved in the present proposed contract is that of forming integral coatings. Examples of common techniques for fabricating such coatings are vacuum evaporation using an electron beam; growing by vapor deposition; RF sputtering; slurrying; and deposition using ion beam sputtering in a high vacuum. Many companies are furnishing equipment for performing the above processes to be used in the manufacture of golf trophies, Mylar dielectric capacitors, super-conducting computer elements, weather balloons, television tubes, special printing papers, and for encapsulating solidstate devices. This is a multi-million dollar industry, involving a significant commercial business. Just a few of the many companies performing in the integral coating field are Alloyd General Vacuum Division of Nuclid Corp.; Central Scientific Co.; Consolidated Vacuum Corp.; General Electric Vacuum Products Operation; RCA Electronic Components and Devices Division; Ultek Corp.; Vacuum Industries, Inc.; Vacuum Associates; Vacuum Products Division; Westinghouse Scientific Equipment Department; Texas Instruments; Hoffman Electronics Corp.; and IBM. These firms, plus many others, have made significant financial investments in and technical contributions to the coating field. IPC itself has entered this field, and has expended considerable funds to enhance its commercial position. Therefore, it can readily be observed that this minor contractual effort of $60,000 would not put IPC in a dominant or preferential position, merely through acquiring exclusive rights in inventions made under the proposed contract. SECTION 1245.104(a)(4). The Ion Physics Corp., in performing the proposed contract, will be utilizing only the services of its own personnel, and will carry out experimentation and research efforts with its own equipment and in its own facilities. SECTION 1245.104(a)(5). The purpose of the proposed contract is to build on existing knowledge in the field of integral coatings, by developing a process for economically applying optimized integral cover slips of fused silica to silicon n/p solar cells, to be used as a supplemental power source in NASA space vehicles. SECTION 1245.104(a)(6). Although the proposed contract is directed toward the field of forming integral protective coatings, various types of apparatus must be utilized in applying such coatings. A particularly important apparatus for the deposition of adherent coatings is a particle accelerator system; such a system is the primary business of High Voltage Engineering Corporation (HVEC); IPC is a wholly-owned subsidiary of this corporation. Over a 20-year period, HVEC has developed at its own risk and expense and manufactured more than 450 accelerator systems and other related components, having a sales value in excess of $110 million. IPC itself has been able to achieve a leading position in the fabrication of semiconductor devices by energy beam techniques. IPC's capabilities in the deposition of adherent coatings stem directly from the accelerator technology of HVEC and the later work of IPC itself from 1960 on. Some of this IPC work was oriented directly towards usage in the semiconductor field, including that to be done in the proposed contract. Other work stemmed from unrelated programs, such as ion engines that utilize similar technology. In either event, the programs were company-supported. From 1961-1965, IPC has expended approximately $200,000 on programs that directly involve technology, then or later used, in whole or in part, to achieve the deposition of highly adherent coatings. Based on work done at IPC, a patent application was filed entitled "Formation of Tenacious Deposits"; this application relates directly to the specific purpose of the proposed contract. Another application, entitled "Plasma Deposition," will be filed this month. In the case of both these patent applications, the Petitioner has stated that the inventions have been reduced to practice. IPC has approximately twelve (12) patent applications in the semiconductor field related to the use of passivating coating deposited by techniques of its own development. Accordingly, it is clear that Ion Physics Corp. has acquired technical competence in the field of forming integral coatings and that this field is directly related to areas in which Ion Physics Corp. has an established nongovernmental commercial position. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: Prototech Company, Division of Bolt, Beranek, & Newman, Inc. Section 1245.105, NASA Patent Waiver Regulations (1966)--Incidental Commercial Utility--Impact on Public Health or Welfare--Government Funding v. Private Funding-Government as Principal Developer--Possibility of Preference or Dominance--Competition in Field--Advance Over Existing Knowledge or Technology--Technical Competence of Petitioner--Patent Position--Established Nongovernmental Commercial Position-Air Purification by Catalytic Combustion--Fabricate and Test Catalytic Combustion Air-Purifying Units--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, Prototech Company, Division of Bolt, Beranek, & Newman, Inc., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 1-6075. The petition was submitted to NASA within the time allowed by the Regulations for consideration of waiver of title to all inventions made or that may be made under the above-identified contract, and was considered by the Inventions and Contributions Board on July 19, 1966. Board, having duly considered the allegations and claims of the aboveidentified petition, expressly makes the findings under Section 1245.104(a) of the NASA Patent Waiver Regulations (1966), (which Section, in its entirety, is hereby expressly incorporated by reference), as required by Section 1245.105(b); concludes that (1) the Petitioner fully satisfies each of the criteria specifically enumerated by the indicated Section as a condition; that (2) the interests of the United States would best be served by waiving title under Section 1245.105 of the cited Regulations, and therefore RECOMMENDS THE GRANT OF THE PETITION. The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection of Section 1245.104(a) of the Regulations. SECTION 1245.104(a)(1). A principal purpose of this contract is an investigation of the concept of catalytic combustion of impurities in air, by means of absorption of infrared radiation produced by purifying units acting with catalytically active materials. The purifying units are intended for utilization in spacecraft, and are not intended for commercial use by the general public; nor does it appear that they will be required for public use by governmental regulations. Such units could be utilized in certain facilities, for example, fallout shelters; however, there is no intent or contemplation of such a requirement at this time. Accordingly, it is not a principal purpose of the contract to create, develop, or improve products or processes that are intended for commercial use by the general public, or which will be required for such use by governmental regulations. SECTION 1245.104(a)(2). The proposed contract calls for the fabrication and testing of catalytic combustion units to determine their efficiency in purifying air by oxidizing contaminants given off by humans. According to the technical monitor of the contract, these are not the type of contaminants or pollutants which normally cause atmospheric pollution and threaten the public health. Moreover, the technical monitor points out that the oxidation process for purifying air is not effective against common atmospheric pollutants and actually renders some more toxic. For these reasons, the Board finds that the work to be performed under the contract does not directly concern the public health or public welfare. SECTION 1245.104(a)(3). The field of technology involved under this contract is air purification by catalytic combustion. The Petitioner contends that numerous other companies are engaged in the field of |