I guess its not a failer pattern. It will be activated once trendline on price chart is broken. RSI is giving warning that bears r losing command n once price cross that dn sloping line, you can go long
Actually Fail div.. means the indicator making higher low n price making lower low. But, these are defaults. After that lots of patterns have been discovered.
Agree that this does not fall in fail pattern but, this is also noticed in past that this kind of movement n diver.. gives explosive moves. I guess if u dig a bit then u will find the same.