Actually it's even worse than the average 35/45, the article says "39.5mm-45mm " so it seems they could be interpreting the rule as "the lowest height of the sole has to be a maximum of 40mm" ? What next ? A 39.5mm/51.5mm shoe with a 12mm drop ?
The rules clearly state that the stack height will be measured in the toe and in the heel. It even specified a certain distance in from the heel and in from the toe where the measurement will be taken. So no, a 39.5mm/51.5mm shoe will not meet the max of 40mm. Both measurements need to be under 40mm. It could be that the foam rises up around the heel cup, making the stack height look taller than it really is.