Glass Electrode

STATEMENT OF FACTS: The Petitioner, Beckman Instruments, Inc., is a subcontractor of the National Aeronautics and Space Administration, under Subcontract M4J3XA-360003, awarded under Prime Contract NAS 9-150 with North American Aviation, Inc. The petition was made for waiver of title of the United States in an invention entitled "Glass Electrode," described in an attachment to the petition. The invention was made by Hideo Watanabe and Edmund E. Buzza, employees of the Petitioner, in the performance of work required under the above-identified subcontract, 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 April 30, 1965.

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). Since the invention represents an improvement in the pH glass electrode, resulting from a contract for the design of an improved water-monitoring system for the Apollo fuel cell, it was clearly intended for use only by the Government in its space program.

SECTION 1245.106(b)(2). The invention is not of a type that would be used by members of the public-at-large.

SECTION 1245.106(b)(3). The improved pH glass electrode is designed to maintain the electrolyte of the Apollo fuel cell in contract with the pH sensitive glass portion, to prevent erroneous operation through migration of bubbles to the pH sensitive glass; it therefore constitutes a system solely for the protection of the health of an astronaut while in a zero-gravity environment. SECTION 1245.106(b)(4). The field of science or technology of the invention is considered to be electrochemical measuring devices in general, and pH glass electrodes in particular; the NASA technical evaluator indicates that in these related fields there has been significant experience outside of work funded by the Government, including that achieved by the Petitioner itself. In this regard, Petitioner has indicated its considerable experience of over 25 years as a leading developer and manufacturer of electrochemical electrodes, particularly an expenditure of several million dollars in the development of commercial glass electrodes designed to overcome the problem involved in the instant invention. In further support of Petitioner's claimed experience in this area, the technical evaluator indicates that the Petitioner has a portfolio of patents specifically on pH glass electrodes. The problem of preventing bubble migration to the pH sensitive glass, as solved in this case, can be avoided by more careful construction of the electrodes, as was in fact done in the Mercury program. In addition, the invention is indicated by the technical evaluator as constituting only a small part of the field, thus

countering any otherwise dominant or preferred position that the Petitioner might achieve from the acquisition of title in the invention.

The Board further expressly finds that the subcontract meets the criteria of Section 1245.106(c)(1), (which is hereby expressly incorporated by reference), which Section encompasses 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). The principal purpose of the subcontract was to design and develop a pH water-conditioning monitoring system into a flight configuration suitable for use in the Apollo fuel cell system, and not to create an end product intended for commercial use.

SECTION 1245.104(a)(2). Since the principal purpose of the subcontract was to design and develop a pH water-conditioning monitoring system for the Apollo fuel cell system, its concern is solely with the health and welfare of astronauts.

SECTION 1245.104(a)(3). The present subcontract is related generally to the field of electrochemical measuring systems, and more particularly to the related field of pH measuring systems, and, as noted by the NASA technical evaluator, there has been significant experience in these related fields outside of work funded by the Government. The evaluator notes, moreover, that numerous nongovernment patents have been issued, and that the Petitioner itself has been the principal developer, in these fields. The Petitioner provides further support

for this by indicating its experience of over 25 years as a leading developer and manufacturer of electrochemical electrodes, and an expenditure of several million dollars specifically in developing commercial glass electrodes. Moreover, since the invention constitutes such a small part of the defined field, and since, in addition, alternatives exist for solving the problem, it appears quite obvious that the acquisition of exclusive rights would not confer a preferred or dominant position on the Petitioner.

SECTION 1245.104(a)(4). Since, under the subcontract, the Petitioner is to design and develop a pH water-conditioning monitoring system and to perform acceptance and qualification tests, there is no contractual requirement for the performance of the work in any facilities, or with any materials, other than those owned by Petitioner.

Moreover, the Board expressly finds, as required by Section 1245.106(c)(1), that although neither the Petitioner itself nor the record indicates whether the instant invention is disclosed in its preferred embodiment, or whether an actual reduction to practice has been made, nevertheless waiver would be considered an effective incentive to bring the invention to the point of practical application at the earliest practicable date. This finding takes into consideration the considerable expense involved in developing commercial applications, as well as Petitioner's demonstrated know-how and extensive experience in the related fields of technology of 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 August 27, 1964, and therefore RECOMMENDS THE GRANT OF THE PETITION.

PETITIONER: University of Arizona

CONTRACT: INVENTION:

NASA Grant NsG-458

Chemisorption Detector for Hydrogen

STATEMENT OF FACTS: The Petitioner, University of Arizona, is a contractor of the National Aeronautics and Space Administration, under Contract NASA Grant NSG458. The petition was made for waiver of title of the United States in an invention entitled "Chemisorption Detector for Hydrogen," described in an attachment to the petition. The invention was made by Stuart A. Hoening et al., 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 February 25, 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 (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). While the chemisorption device of the present invention exhibits potential application in detecting the presence of residual hydrogen in a commercial or industrial type of high-vacuum system, it resulted from a governmental contractual effort to develop improved techniques particularly applicable for analyzing certain atmospheres of particular interest to the governmental space programs, and,

therefore, not for application or use by the general public.

SECTION 1245,106(b)(2). Since the present invention resulted from a governmental program specifically designed only to improve the analysis of planetary atmospheres, and in particular to detect the presence of hydrogen in the vicinity of Mars and Venus, any governmental requirement for its use by the general public is not foreseeable.

SECTION 1245.106(b)(3). The quite narrow application of the present invention to detecting hydrogen in high-vacuum systems or in the upper atmosphere clearly appears to eliminate any relation thereof to the general health or welfare.

SECTION 1245.106(b)(4). The present invention is considered to be generally in the field of science or technology of gas analysis instrumentation. Although the Government has funded large-scale research in the invention field, and might therefore possibly be considered the largest single developer thereof, considerable privatelyfunded experience has been collectively achieved by colleges and universities, by many companies which even owe their very existence to private activity in the invention field, and by significant private highvacuum research and development in the aerospace industry in general. Moreover, a number of other devices for performing the same function are available, and, therefore, in view of the considerable private activity and competition in the field of highvacuum technology, it appears quite evident that the Petitioner would not achieve any dominant or preferred position by its acquisition of exclusive patent rights in the invention.

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). The primary objective of the present contract is to determine the feasibility of using chemisorption phenomena or techniques to obtain information on various atmospheres of specific interest only to the governmental space program; accordingly, the development of anything of general application to the public is neither likely nor contemplated.

SECTION 1245.104(a)(3). The field of science or technology involved in the present contract is considered to be space scienceplanetary atmospheres. Although the Government appears to have been responsible for almost all of the recent investigations in this field, significant experience has nevertheless been accomplished by universities through the expenditure of private funds while engaged in the investigation, normally by university astronomers, of the composition of planetary atmospheres and the Earth's upper atmosphere. Moreover, the present contract actually covers only a very small fragment of a fraction of the total field involved, and it is considered that the results thereof will compete with a

number of other methods; accordingly, acquisition of exclusive rights would appear not to put the Petitioner in a position of preferential or dominating influence over its competitiors.

SECTION 1245.104(a) (4). The present contract is a feasibility study requiring that the Petitioner use its own university facilities and personnel in performing the requirements thereunder.

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. Although the Petitioner is considered to have the necessary personnel and facilities to engage in some further development of the invention, as a university it appears to lack the inherent capability to develop the invention to the point of practical application by the use of its own organic facilities, or, in other words, to ready the invention for the market place. However, the Petitioner has presented information regarding an agreement between itself and the Battelle Development Corporation, and has specifically committed itself to submit the present invention to said corporation for its further development and eventual marketing, should further evaluation thereof prove favorable, and provided waiver is granted. Thus the Petitioner has in effect shown both an ability and a specific intent to ensure the commercial development of the invention, should it prove of ultimate advantage over alternative devices.

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.

PETITIONER: University of Arizona

CONTRACT: INVENTION:

NASA Grant NsG-458

Detector for Hydrogen in Atmospheric Air

STATEMENT OF FACTS: The Petitioner, University of Arizona, is a contractor of the National Aeronautics and Space Administration, under Contract NASA Grant NSG-458. The petition was made for waiver of title of the United States in an invention entitled "Detector for Hydrogen in Atmospheric Air," described in an attachment to the petition. The invention was made by Stuart A. Hoenig and Charles W. Carlson, 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 March 29, 1966.

The Board, having duly considered the allegations and claims of the above-identified petition, is unable to make all of the findings required by Section 1245.106(b) of the NASA Patent Waiver Regulations (1964), (which is hereby expressly incorporated by reference), concludes that the best interests of the United States would not be served by waiving title, and therefore RECOMMENDS THE DENIAL OF THE PETITION. The reasons for the Board's findings are stated below, corresponding in each instance to the respective criterion set forth in each subsection.

SECTION 1245.106(b)(1). Although clear commercial potential is offered by the present invention, in that it relates to a hydrogen detector device that is insensitive to air, and is therefore primarily usable at sea-level atmospheric pressure, no governmental program is known to exist to

provide such devices to the public. In this regard, the NASA technical evaluator notes that, although the Bureau of Mines is always seeking improved mining-safety conditions, it is not believed to be actively supporting research in this area. Moreover, the instant invention resulted from a governmental contractual program specifically designed to procure improved hydrogen detectors, and, in any event, the principal intended application of the present device would appear to be as a warning device in the space program of the Government, wherever hazardous areas may be encountered.

SECTION 1245.106(b)(2). While it is recognized that appropriate governmental safety regulations have been issued in many areas, and the present detector device might conceivably be placed on an approved list, perhaps along with several others, it would appear certain that there would be no requirement by the Government that any particular one of such devices so listed be used by the general public.

SECTION 1245.106(b)(3). Since the subject detector device is primarily usable at sea-level atmospheric pressure, and appears to exhibit potentially widespread commercial use as a warning device in, for example, such areas as oil refineries, liquid-hydrogen manufacturing plants, and chemical laboratories, and therefore operates to protect the safety of workers employed in these industries, as well as nearby members of the public-at-large, the present invention is considered to have significant and thus direct relationship to the general health or welfare.