CONTRACT: INVENTION:

NAS 8-11021

Fluid Binary Counter

STATEMENT OF FACTS: The Petitioner, UNIVAC, Division of Sperry Rand Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 8-11021. The petition was made for waiver of title of the United States in an invention entitled "Fluid Binary Counter," described in an attachment to the petition. The invention was made by Richard Joseph Quigley, Jr., an employee of the Petitioner, in the performance of work required under the above-identified contract, and in the manner specified by 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 June 25, 1965.

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 (1964), (which is expressly incorporated herein 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 instance to the respective criterion set forth in each subsection.

SECTION 1245.106(b)(1). The invention relates to a fluid binary counter using only passive fluid elements. The Government's purpose for conducting a study of fluidics systems is to determine the feasibility of using such systems in a space environment. Although the invention may have commercial utility in adding machines or computers, such utility is incidental to the purpose of the study.

SECTION 1245.106(b)(2). The invention relates to a fluid binary counter using only passive fluid elements. Since it was developed for NASA's use in a space environment, it has no application in fulfilling the needs of the general public; therefore, it will not be required by governmental regulation for use by the general public.

SECTION 1245.106(b)(3). The invention relates to a fluid binary counter which has no application in promoting the public health or public welfare.

SECTION 1245.106(b)(4). The invention is in the field of technology of fluidics. Although the Government has contributed significantly toward the advancement, and may have been the principal developer, of the field, nevertheless private industry has acquired considerable experience in the field, outside of work funded by the Government. In the past five years, private industry has performed extensive research and development of fluidics systems and components, and the technology has advanced so rapidly that presently there are about 50 corporations actively engaged in work in the field. Included among the companies that have acquired significant privately-funded experience are the contractor, UNIVAC, Division of Sperry Rand Corporation, which has expended over $700,000 since 1960 for research and development of fluid amplifiers; Honeywell, Inc., which since 1961 has invested company funds estimated at $1,500,000 to build a fluidics capacity; and Bendix Corp., which is considered second to Honeywell in fluidics dollar investment. Other companies, such as Bowles Engineering, General Electric, International Business Machines, Kollsman Instrument, and Emerson Electric, are also

actively engaged in the research and development, manufacture, and sale of products in this field. In the national market for fiscal year 1965, industry in-house funding and industrial sales in the fluidics field have been estimated at $5-6 million, against Government funding of $8 million. Several basic United States patents have been issued that relate to the phenomena of wall attachment and sidewall control effect. A large number of patent applications relating to fluidics are pending in the United States Patent Office, many of which are involved in patent interference. Bowles Engineering, the owner of several basic fluidics patents, has more than 25 of its fluidics patent applications pending, and Sperry Rand Corp. has filed nearly 150 fluidics patent applications. Honeywell, Inc., Bendix, General Electric, International Business Machines, and Kollsman also hold important fluidics patents. In view of the current activity in fluidics technology and the private ownership of basic patents in this field, the acquisition of exclusive rights 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 expressly incorporated herein by reference), which Section encompasses the criteria of Section 1245.104(a), subsections (1) through (4), (also expressly incorporated herein 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 conduct a study for the establishment of logic rules and the feasibility of construction of fluid logic elements having three or more stable states. Fluidics systems, such as those under study under this contract, are of interest to NASA because of their reliability feature. Components that are reliable under varying conditions are highly desirable for space applications. Although inventions likely to arise out of the contract may have commercial utility in adding machines or computers, such utility is incidental to the work to be performed under the contract. The study of fluid systems under the contract is not concerned with fulfilling the needs of the general public; consequently, inventions likely to arise out of the

contract will not be required by governmental regulations for use by the general public.

SECTION 1245.104(a)(2). The contractor's main effort will be directed toward the establishment of logic rules and the development of fluid logic elements having three or more stable states. The work to be performed under the contract will not require exploration into fields that directly concern the public health or public welfare.

SECTION 1245.104(a)(3). The contract is in the field of fluidics technology. Although the Government has contributed significantly toward advancing the technology of fluidics, and may have been the principal developer of the field, nevertheless private industry has acquired considerable experience in the field outside of work funded by the Government. In the past five years, private industry has performed extensive research and development of fluidics systems and components, and the technology has advanced so rapidly that there are presently about 50 corporations actively engaged in work in this field. Among the companies that have acquired significant privately-funded experience are the contractor, UNIVAC, Division of Sperry Rand Corp., which since 1960 has expended over $700,000 for research and development of fluid amplifiers; Honeywell, Inc., which since 1961 has invested company funds estimated at $1.5 million to build fluidics capacity; and Bendix Corp., which is considered second to Honeywell in fluidics dollar investment. Other companies, such as Bowles Engineering, General Electric, International Business Machines, Kollsman Instrument, and Emerson Electric, are actively engaged in the research and development, manufacture, and sale of products in this field. In the national market for fiscal year 1965, industry in-house funding and industrial sales in the fluidics field have been estimated at $5-6 million, against Government funding of $8 million. Several basic United States patents have been issued that relate to the phenomena of wall attachment and sidewall control effect. A large number of patent applications relating to fluidics are pending in the United States Patent Office, many of which are involved in patent interference. Bowles Engineering Corp., the owner of several basic fluidics patents, has more than 25 of its fluidics patent applications pending, and Sperry Rand Corp. has filed nearly 150 fluidics

patent applications, more than half prior to the time of this contract. Honeywell, Bendix, General Electric, Electric, International Business Machines, and Kollsman also hold important fluidics patents. In view of the past and current activity in fluidics technology and the private ownership of basic patents in this field, the acquisition of exclusive rights would not likely confer on the contractor a preferred or dominant position.

SECTION 1245.104(a)(4). The contractor is required to furnish all management, labor, facilities, equipment, tools, materials, and transportation in the performance of work under the contract.

Moreover, the Board expressly finds that waiver of title would be an effective incentive to bring the invention to the point of practical application at the earliest practi

cable date. The contractor has indicated that without title to the invention its commercial exploitation would be long delayed, if undertaken at all, because of the risk of loss of capital investment without some assurance of receiving a fair return for its capital outlay. Private ownership of commercial rights to the invention would to a large extent provide this assurance. Waiver of title to the invention would therefore be an effective incentive for the contractor promptly to pursue further development and commercialization 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.

NAS 8-11021

CONTRACT:
INVENTION: Five-State Fluid Logic Element

STATEMENT OF FACTS: The Petitioner, UNIVAC, Division of Sperry Rand Corporation, is a contractor of the National Aeronautics and Space Administration, under Contract NAS 8-11021. The petition was made for waiver of title of the United States in an invention entitled "Five State Fluid Logic Element," described in an attachment to the petition. The invention was made by Trevor Drake Reader, 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 June 25, 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). The invention relates to a multi-state fluid logic element comprising an interaction chamber, three input channels, and five output channels, so arranged relative to each other as to provide at least one distinct output for at least one of several combinations of fluid inputs. The governmental purpose for conducting a study of fluidics systems is to determine the

feasibility of using such systems in a space environment. Although the invention may have commercial utility in adding machines or computers, such utility is incidental to the purpose of this study.

SECTION 1245.106(b)(2). The present invention, a multi-state fluid logic element, was developed for NASA's use in a space environment, and not for use by the general public; therefore, such public use will not be required by governmental regulations. SECTION 1245.106(b)(3). The invention relates to a multi-state fluid logic element, which has no application in furthering the public health or public welfare.

SECTION 1245.106(b)(4). The invention is in the field of technology of fluidics. Although the Government has contributed significantly towards advancing this technology, and may have been the principal developer of the field, private industry has nevertheless acquired considerable experience in the field outside of work funded by the Government. In the past five years, private industry has performed extensive research and development of fluidics systems and components, and the technology has advanced so rapidly that there are at present about 50 corporations actively engaged in work in this field. Included among the companies that have acquired significant privately-funded experience in the field are the contractor, UNIVAC, Division of Sperry Rand Corporation, which has expended over $700,000 since 1960 for research and development of fluid amplifiers; Honeywell, Inc., which since 1961 has invested company funds estimated at $1.5 million to build a fluidics capacity; and Bendix Corp., which