Those are two completely different features.
Your first screen shot shows the Pattern Fill dialog box, which you get when you create a Pattern Fill layer (Layer > New Fill Layer > Pattern, or by choosing Pattern from the Create a New Fill Layer button at the bottom of the Layers panel). A Pattern Fill layer can be edited and revised at any time, and it offers the Scale option.
Your second screen shots shows the Fill dialog box, which is what you get when you choose Edit > Fill. This is usually not the preferred method for a number of reasons. One is that it doesn’t have the Scale option, as you noticed. It also paints rendered pixels, so unlike a Pattern Fill layer, the pattern is permanent once applied so you can’t edit it other than doing it over.
Editable, scalable patterns are available in other parts of Photoshop where patterns can be used, such as the Pattern Overlay layer style (Layer > Layer Style > Pattern Overlay).
So if you want to have the Scale option, apply a Pattern preset through a new Fill Layer or Pattern Overlay.