NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: CONTRACT: United Aircraft Corporation NAS 9-3810 --DESCRIPTION: Space Environment Seals Test Program Section 1245.105, NASA Patent Waiver Regulations (1964)--Government Funding v. Private Funding-- Extension of Existing Knowledge or Technology as Purpose of ContractTechnical Competence of Petitioner--Extent of Know-How Achieved in Contract Field of Technology--Nongovernmental Commercial Position of Petitioner as Related to Contract Field of Technology--Vacuum-Type Seals--Space Environment Seals Test Program-PETITION DENIED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: SECTION 1245.104(a)(2). The seals test program required under the principal purpose of the present contract contemplates the selection of one or more seal configurations suitable for effective operation under the ultrahigh vacuum and extreme temperature conditions of outer space, and while the selected configuration(s) might have eventual application in the commercial area, thereby possibly contributing to the benefit of the general public, any relationship thereof to the public health or public welfare is at most rather remote. STATEMENT OF FACTS: The Petitioner, United Aircraft Corp., is a contractor of the National Aeronautics and Space Administration, under Contract NAS 9-3810. 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 September 10, 1965. The Board, having duly considered the allegations and claims of the petition, is unable to make all of the finding under Section 1245.104(a) of the NASA Patent Waiver Regulations (1964), (which is hereby expressly incorporated by reference), as required by Section 1245.105(b), (which is also hereby expressly incorporated by reference), and therefore RECOMMENDS THE DENIAL 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). The principal purpose of the present contract is to conduct a seals test program wherein various configurations are to be evaluated during tests under space environmental conditions. A seal leak detector is also to be tested and evaluated. Test specimens, hardware and data, as well as results, conclusions, and recommendations, are to be provided to the Government for possible application in the space program, with no intent to make the same available for use by the general public. SECTION 1245.104(a)(3). The field of science or technology involved in the present contract is considered to be that of vacuum-type seals. Although the Petitioner notes that approximately 30 percent of the total business volume of its Pratt & Whitney Aircraft Division is and has been in the development and manufacture of commercial aircraft engines, which obviously utilize certain types of seals, this is considered inadequate to support a finding of significant privately-funded experience in the defined contract field. Experience in developing aircraft engines is entirely too broad, and obviously does not indicate with adequate specificity the experience achieved in the development of seals per se. Moreover, since seals of the type normally used in commercial aircraft engines are made of materials unsuitable for use in the ultrahigh vacuum and extreme temperature conditions of the space environment, information should be presented indicating, for example, the actual private experience achieved specifically in the development of seals while being tested under ultra-high vacuum and extreme temperature conditions, simulated or otherwise, approximating the environment of outer space. Furthermore, information should likewise have been submitted in the petition to show either the experience of the Government or competitors of Petitioner in the defined contract field, So that a determination may be made regarding the Government's role, as compared to that of private industry, in the development of vacuum-type seals, and the effect of the assignment of patent rights to Petitioner on the industry. Accordingly, since the Petitioner has not presented the foregoing information, and has therefore failed to sustain its burden of proof regarding the same, a favorable determination under this finding may not be made. SECTION 1245.104(a) (4). The present contract requires the testing of various seal configurations, and the contractor indicates that it will be performing all test work with its own facilities and personnel. SECTION 1245.104(a)(5). The statement by the Petitioner that it has conducted extensive seal research and development programs, without indicating how "extensive" these programs have been, or whether any specific experience has been accomplished in space-oriented, vacuum seals, by noting at least the approximate man-hours and funds expended, either by Petitioner or others, and/or other information of a similar nature, is considered a naked allegation without documentary support; accordingly, favorable determination regarding the availability of prior knowledge in the contract field may likewise not be made as required under this finding. SECTION 1245.104(a)(6). Petitioner's contention regarding its technical competence in the contract field is not considered well-taken. Not only does its unsupported allegation of having engaged in extensive seal research and development programs, and its further reference to its commercial aircraft engine business, fail adequately to indicate the actual experience and knowhow in the field of seals in general, but more importantly, they also fail to support a finding regarding the amount of experience and technical competence in the defined contract field of vacuum-type seals. Petitioner's further indication of an expenditure of over $100 million for both commercial and Government-sponsored research and development on aircraft engines in engineering facilities does not appear to add anything to support a finding regarding experience in vacuum-type seals. Moreover, since many of the problems and solutions involved in the utilization of seals subjected to ultra-high vacuum and extreme temperature conditions of the space environment are substantially different from that involved in aircraft engines, it is not apparent how the field of technology of vacuum-type seals is readily applicable to Petitioner's aircraft-engine business. Consequently, although it is admitted that the Pratt & Whitney Aircraft Division of Petitioner has an established nongovernmental commercial business in aircraft engines, a finding of either technical competence in the field of technology of the contract, or that the latter is directly related to the aircraft-engine field, has not been supported. 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 1245.105 of the NASA Patent Waiver Regulations of August 27, 1964, and therefore RECOMMENDS THE DENIAL OF THE PETITION. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PETITIONER: General Electric Company CONTRACT: Purchase Order Y20153R under NASA Prime Contract NAS 9-170 Section 1245.106, NASA Patent Waiver Regulations (1964)-- Principal Purpose of Contract--Incidental Commercial Utility--Governmental Requirement of Use by General Public--Government Funding v. Private Funding--Relationship of Invention to Public Health and Welfare--Competitive Nature of Field--Possibility of Preferred or Dominant Position--Government as Principal Developer of Field-- Use of Government-Owned Facilities-- Extent of Coordination and Direction of Others' Work--Waiver as Effective Incentive--Fuel Cell Technology--Fire Arrester for Fuel Cell Gas Lines--PETITION GRANTED FINDINGS AND RECOMMENDATION OF THE INVENTIONS AND CONTRIBUTIONS BOARD: STATEMENT OF FACTS: The Petitioner, General Electric Company, is a contractor of the National Aeronautics and Space Administration, under Purchase Order Y20153R under NASA Prime Contract NAS 9-170. The petition was made for waiver of title of the United States in an invention entitled "Fire Arrester for Fuel Cell Gas Lines," described in an attachment to the petition. The invention was made by Harry B. Lit, 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 January 21, 1966. The Board, having duly considered the allegations and claims of the petition, expressly makes the findings required under Section 1245.106(b) of the NASA Patent Waiver Regulations (1964), (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, which relates to a control device to prevent excessive temperatures and to arrest fires in fuel cells, was made in the performance of work under a Government contract for the development of a fuel cell power supply system for the Gemini spacecraft. Application of the invention is not limited only to fuel cells which are space-oriented, but it could also be used to arrest fires in gas transport lines not necessarily associated with fuel cells; such application, however, is incidental to the purpose of the contract. SECTION 1245.106(b)(2). Although the invention could be used commercially in fuel cell and other gas transport line systems, its primary application is to quench or restrain fires that might start in the reactant gas supply lines of the Gemini fuel cell. Inasmuch as the invention was not intended for use by the general public, and, moreover, since many alternative devices for preventing fires in gas transport lines are commercially available, as, for example, sensing probes for actuating a shut-off valve, the invention will not be required by governmental regulations for use by the general public. SECTION 1245.106(b)(3). The invention relates to a control device to prevent excessively high temperatures and to arrest fires in fuel cells. It comprises a heatshrinkable sleeve which is placed about a gas transport tube; an increase in temperature in its vicinity will heat-shrink the sleeve to seal off gas transmission and hence stop or slow the supply to the fuel cell. Although the primary application of the invention is in a fuel cell gas supply line, the device may be useful as a firepreventive means if installed in a fuel supply line of home heating systems, gas-operated clothes dryers, or the like. However, since there are presently available various types of reliable temperatureresponsive control devices that regulate or cut off the flow of fuel to a heating unit, the use of this invention in homeheating fuel-line systems, as a substitute for the devices presently installed in such systems, is highly remote; consequently, the inventory does not have a direct or immediate impact on the public health or public welfare. SECTION 1245.106(b)(4). The invention is in the field of technology of temperatureresponsive control devices. Virtually every large manufacturer of heating systems employs such control devices extensively; moreover, there are many small businesses that are engaged solely in the manufacture of control devices, including those that are temperature-responsive. The art in the field of temperature-responsive control devices is highly developed, as evidenced by more than 49 complete subclasses of patents listed in the classification scheme of the U.S. Patent Office relating to such control devices. It is apparent, therefore, that the Government has not been the principal developer of the field, and that the acquisition of exclusive rights to the invention would not confer on the contractor a preferred or dominant position. The Board further expressly finds that the contract meets the criteria of Section 1245.106(c)(1), (which is hereby expressly incorporated by reference), which Section encompasses the criteria of Section 1245.104(a), subsections (1) through (4), (which are also hereby expressly incorporated by reference). The reasons for the Board's findings are stated below, corresponding in each case to the respective criterion set forth in each subsection. SECTION 1245.104(a)(1). A principal purpose of the contract is to develop a practical fuel-cell power-supply system for the Gemini spacecraft. No public-use considerations are involved in the contract; consequently, there is no intent on the part of the Government to require public use of the fuel-cell system to be developed by governmental regulations; moreover, any commercial application of inventions likely to arise out of the development of this system is incidental to the purpose of the contract. SECTION 1245.104(a)(2). The contractor's main effort will be directed toward developing a fuel-cell power-supply system for the Gemini spacecraft. The work to be performed in developing a space-oriented fuelcell system does not produce an article whose use has a direct or immediate impact on the public health or public welfare. SECTION 1245.104(a)(3). The contract is in the field of fuel-cell technology. Although in the past few years the Government has funded considerable work in this field, because of the needs of the space program, the basic concepts of the fuel cell were developed by nongovernmental research. A substantial number of companies throughout the world have done considerable research and development of fuel cells. The development of fuel cells has been and remains intensely competitive, since a large number of companies are seeking to develop fuel cells for commercial applications. A significant number of nongovernmental domestic and foreign patents relating to fuel-cell technology have been issued to various concerns, so that the acquisition of exclusive rights at the time of contracting would not confer on the contractor a preferred or dominant position. SECTION 1245.104(a)(4). The basic development of the fuel cell is to be performed at the contractor's facilities. Any supervision or specific operation at a Government-owned research or development facility, such as final testing, is only incidental to the purpose of the contract. The extent of coordinating and directing the work of others is limited to the necessary administrative work of the subcontracting under the contract. Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practicable date. The present invention has been reduced to practice for experimental purposes only, and the Petitioner has stated that some measure of exclusivity is needed in order to afford an incentive for the investment of money and effort needed to develop the invention for commercial applications. The contractor has also stated that it would not wish to devote additional expenditure of time and money to develop the invention further, if it could not be assured of protecting its investment by receiving exclusive commercial rights. The Board finds that waiver of title would provide this needed assurance. 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 August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION. |