PETITIONER: RFQ NO.:

Industrial Nucleonics Corp.

2-7-01-20144-01

STATEMENT OF FACTS: The Petitioner, Industrial Nucleonics Corp., is a prospective contractor of the National Aeronautics and Space Administration, under RFQ No. 2-7-01-20144-01. The petition was submitted to NASA prior to contract execution for consideration of waiver of title to all inventions that may be made under the above-identified proposed contract, and was considered by the Inventions and Contributions Board on October 27, 1966.

The Board, having duly considered the allegations and claims of the petition, expressly makes 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) of the Regulations. SECTION 1245.104(a)(1). The purpose of the proposed contract is to design a nucleonic instrument or apparatus (Densitometer) for measuring the density of liquid hydrogen in a pipe or conduit of the S-IVB Vehicle. Clearly, this purpose is not to develop or improve products for commercial

SECTION 1245.104(a)(3). The field of science or technology of the proposed contract is considered to be radiation techniques and instruments for determining material density. That this field is one in which there has been significant experience outside of work funded by the Government is demonstrated by the articles, brochures, and technical publications furnished by Petitioner. For instance, Petitioner points out that prior to the creation of the Isotope Development Technology Branch of the Atomic Energy Commission (the Government organization most likely to support work in the area of interest of the proposed contract), Petitioner had invested $7.5 million in the field of technology of the proposed contract. Petitioner also reports that it has recently negotiated a major contract with AEC relating to the use of radioactive sources and detectors for helicopter formation keeping and has obtained a type C clause.

Moreover, a number of companies are active in the field of radioactivity density gauges; among these are Kaman Corp., Nuclear-Chicago Corp., Nuclear Materials and Equipment Corp., Nuclear Supplies, Inc., Numinco, and Ohmart Corp., to mention only a few of the domestic concerns. Commenting on the competition, Petitioner states that based on the information available to it Ohmart Corp. has greater dollarvolume sales in density gauges than Petitioner. In view of the above, and of the relatively small amount of the proposed contract ($56,673), it is clear that the proposed contract is not in a field of science principally developed by the Government, with respect to which the acquisition of exclusive rights at the time of contracting would confer on Petitioner a preferred or dominant position.

SECTION 1245.104(a)(4). The proposed contract requires Petitioner to furnish all personnel and facilities to be used in the performance of the proposed contract; it therefore follows that the proposed contract is not for the services of Petitioner for (i) the operation of a Governmentowned research or production facility, or (ii) coordinating and directing the work of others.

SECTION 1245.104(a)(5). The principal purpose of the proposed contract is to design and fabricate an apparatus capable of measuring the density of liquid hydrogen in a pipe of the S-IVB Vehicle. The instrument would be capable of measuring either flowing or static liquid hydrogen. An instrument of this type operates on the principle of absorption of radiated energy by the material being measured. A source of radiant energy, X-rays for example,

is placed on one side of a pipe containing the material to be measured, and a detector is placed on the other side of the pipe receiving radiation from the source. Such an arrangement makes it possible to determine the mass of a material, or, for that matter, the presence of a material, by measuring the radiation attenuation between the source and the detector. Petitioner and other manufacturers have fabricated and sold commercially, as is demonstrated by brochures and technical publications, instruments of this type that are capable of measuring the mass and flow of various types of liquid and dry materials. Thus, it is clear that the present state of knowledge in this field is relatively advanced, and any improved products or methods developed under the proposed contract will be built on existing knowledge for use by the Government.

SECTION 1245.104(a)(6). That Petitioner has acquired technical competence in the field of radiation techniques and instruments for determining material density is demonstrated by the many brochures and technical publications submitted by Petitioner, as well as by the numerous patents held by Petitioner that relate to this field. Moreover, in the area of industrial process measurement and control, Petitioner has sold thousands of systems using radiation techniques. There are presently more than 7,000 of Petitioner's Accuray Systems for process measurement and control in use by every segment of industry. It is therefore considered clear that the work called for by the proposed contract is in a field of technology in which the proposed contractor has acquired technical competence directly related to an area in which the Petitioner has an established nongovernmental commercial position.

PETITIONER:

General Electric Company

PROPOSED CONTRACT: NAS 3-9910 --DESCRIPTION:

STATEMENT OF FACTS: The Petitioner, General Electric Company, is a prospective contractor of the National Aeronautics and Space Administration, under Proposed Contract NAS 3-9910. The petition was submitted to NASA prior to contract execution for consideration of waiver of title to all inventions that may be made under the above-identified proposed contract, and was considered by the Inventions and Contributions Board on October 27, 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) of the Regulations.

SECTION 1245.104(a)(1). The purpose of the proposed contract is to design, develop, test, and deliver an electric superconducting flux pump for use in the space program. The pump will consist of a transformer with power cryotron-saturable reactor combinations, which behave as controlled rectifiers. The flux pump will be used with suitable metering and control circuits to pump controlled amounts of electric energy into and out of superconducting electro

magnets at liquid-helium temperatures. The proposed contract has no purpose to create or improve products or processes intended for commercial use, or that will be required for use by the general public by governmental regulations.

SECTION 1245.104(a)(2). The building and delivery of the electric flux pump under the proposed contract has no relation to fields which directly concern the public health or welfare.

SECTION 1245.104(a)(3). The field of science or technology of the proposed contract is considered to be electric power supplies. This field is a very old and highly competitive one, which has been principally developed by private industry. Moreover, according to the cognizant engineer, the number of firms in the field of electric power supplies now approaches 1,000. In view of the competitive nature of the field, and the relatively small amount of the proposed contract ($44,955), it is clear that the proposed contract is not in a field of science or technology in which there has been little significant experience outside of work funded by the Government, or where the Government has been the principal developer of the field, with respect to which the acquisition of exclusive rights at the time of contracting might confer on the proposed contractor a preferred or dominant position.

SECTION 1245.104(a)(4). The proposed contract will be carried out by the Cryogenics Unit of the Technology Lab of the General Electric Company Research and Development Center located in Schenectady, N. Y. Accordingly, it is clear that the proposed contract is not for the services of the

proposed contractor for (i) the operation of a Government-owned research or production facility, or (ii) coordinating and directing the work of others.

SECTION 1245.104(a)(5). The principal purpose of of the proposed contract is to design, test, and deliver an electric superconducting power supply system for use in the space program. The prospective contractor, using its own funds, has already done considerable work on electric flux pumps. The purpose of the proposed contract is to build upon the knowledge gained, to develop develop information, information, products, and processes for use by the Government.

SECTION 1245.104(a)(6). The work called for by the proposed contract is in the field of electric power supplies. It is common

knowledge that the prospective contractor has long had a high degree of technical competence in this field. The petitioner has already constructed two flux pumps, one of which was described in a paper given before the American Physical Society in January 1966.

Moreover, the Board takes notice that General Electric is a leader in the sale of electric generating equipment, and has a strong nongovernmental commercial position in this area. Accordingly, it appears that the work called for by the proposed contract is in a field of technology in which the petitioner has acquired technical competence directly related to an area in which it has an established nongovernmental commercial position.

PETITIONER:

Litton Systems, Inc.

PROPOSED CONTRACT: RFP No. 3583 --DESCRIPTION:

STATEMENT OF FACTS: The Petitioner, Litton Systems, Inc., is a prospective contractor of the National Aeronautics and Space Administration, under RFP No. 3583. The petition was submitted to NASA prior to contract execution for consideration of waiver of title to all inventions that may be made under the above-identified proposed contract, and was considered by the Inventions and Contributions Board on October 27, 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 Petitoner 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) of the Regulations.

SECTION 1245.104(a)(1). The purpose of the proposed contract is to conduct a development program for a Data Automation Subsystem (DAS) and Bench Check-Out Equipment (BCE) to be employed in the MARINER MARS 1969 program. The Data Automation Subsystem is that system disposed between the data-receiving system and the datatransmitting system that is commonly used

on planetary instrumented probes. Furthermore, the DAS receives and stores the data from the data - receiving system in analog form, and on command digitizes the information and transmits the digitized information to the data-transmitting system, where the information is transmitted to ground receiving stations. It is clearly not the purpose of the proposed contract to create, develop, or improve products, processes, or methods that are intended for commercial use by the general public, or that will be required for such use by governmental regulations.

SECTION 1245.104(a)(2). The purpose of the proposed contract is to develop a DAS and BCE, the DAS to be employed on MARINER 69. Thus, it is not a principal purpose of the proposed contract to explore into fields that directly concern the public health or public welfare.

SECTION 1245.104(a)(3). The DAS and BCE are in the general fields of science or technology related to computers and automatic check-out equipment. The DAS may be divided into subsystems such as interface circuits, crystal oscillator circuits, audio oscillator circuits, power reset circuits, output transformer coupled pulse circuits, and other necessary circuits not available in integrated circuits. The cognizant engineer and contract negotiator each relates that these circuits, and the entire DAS, as well as the BCE, are highly developed units. Furthermore, the engineer and the negotiator each relates that the development of these circuits, individually and collectively, has been accomplished by a multitude of organizations, e.g., IBM, RCA,