Definite passing - for those that think you need 6NM you're way out.
You don't apply wake turb when you have 1000 ft between them.
Therefore wake turb is achieved at definite passing - point A. You then only have to keep the 1000ft until the lateral tolerance can be applied - 0.5NM. So the 767 can descend when the distance between the 767 and 402 is 0.5NM. You have traffic separation as they have definitely passed by radar.
Think of it this way - the wake turbulence from the point where there is less than 1000ft vert sep is not going to move back past A and catch up with the 402 heading away from A.