Two shapes are used to fill the space so this is not a tessellation.
I think that this qualifies as a kind of tessellation.
This isn't a tessellation either.
What if I start again with the original ninepatch unit and alternate white and black squares at the center of the block? This time I'll combine 6 blocks and rotate them to make a pattern.
For more tessellation go to My Posts by Subject in the sidebar on the right and click on Tessellation.